CREE, SOIT BSS i | Ohio. ere ete ROAD LAWS OF OHIO Es 2 DEPARTMENT OF HIGHWAYS AND PUBLIC WORKS THIRD EDITION ol a : < P fc y 9 7 i Spetins i 7 MEIER Sg ADR AD (iS TART” BETS RAY KANE gE a in ee shies pad ve eral hb, Wi My ; by ; gen ee a a calll i ee CONTENTS Pages Department of Highways and Public Works............ 1-76 MEANT AMV ST ICCE RAC ORAS Fetes Case cle tral Y stn Cae cae RR eae bane Wirth 77-88 AGE O hig POLO Seay ekielcataeted Meta o: tang oe 89-95 Summary OF Pachter accesses ARaiac 96-101 , Rules and regulations................ 102-110 ae Ohio act of -acceptarice.. is. cues 110 ; Supplemental act of 1919............ * 111-113 Supplemental act of 1921............ 114-127 GantyOOMmmISSIONETS Shc yc See sleeve res oe waeT eas ene 128-135 Road construction by county commissioners............. 136-195 MOE eS EY CY. Osa othe irs ree. eho Foo U's Aa'ese aio vie Seton ewe UM mats 196-224 Ditties, and: pewerse. es sep aween Ae 225-227 Roadsconstruction ws pci cto sees 227-243 Township Trustees 4 General and taxation provisions.. 243-248 ROAGCISELICES A ca he vce Aa abe et 248-264 | Repair and dragging............... 265-270 ppedismin mn ROad = GASOS esis waist coh ehe aan en ual Aiea oe 271-279 seme mnation Lot Materialesec. ctu cesicsie we coe wae fea dase 280-282 Brea nvact tar con, PROAGSY pais anche hae labe's pleut tie «eigen 283-295 Use of Roads by Motor Trucks, Tractors\and Other EMCAN SV ORTGIES hare! oo 035i stpinns a cooretrdle Seaton Ab MORE Calter 296-302 heees FORE EE OVIST ONS Ape on sie owe ccea at Poiee bo Ge cate niko eet ieeaioe 303-308 PinerPeacy oh Oagde oir Ws vee he vp st ane dase par awh edlee eee te 309-311 SORA Sen NeGUNGy SAP Iai ee su.caedeiinince Tae SAAS TEL aSe weno 312-315 Pret tae ROWIST OIG ive Gels, alz ohio ws ant Scie alae eens 316-321 Cass Highway ‘Act... 322-325 f White-Mulcahy Act.. 326 | Reimbursement of | contractors: > iv Conments pees Chs19,. Bridges: j.c5ccs Weeks oaRaueeaeean th eta ees Ch, 20. Streets and Public og: suas in. Municipalities. is Ch, 21. County Auditor “reges sNs= ar TRA gareea yp ayer eae ee Chs::225 3 County-“Treasurer tia ste cutene voor aie eas ace eee eee Ch. 28. Public Funds 5 Nabtness othe RN eee ee Chvt~ Railway Crossings: ac <5 sewed arose cacean an ee ee Ch. 25. Drainage ( Ditch Code Shen 2 ee i connoney Districts =< .c5 hte eaetreecaie 2 Ch. 26. Fences weet t neta eee ee eter eeeeeeceesseeeetenaeedteeeeesenten Ch; 27, * Limitation “onz Tax’) Rateasess ss sds ta ce.ast woe ce eoeeaae 28 Motore Vehicles= seats se Sate ias daa amen tase Ch. 29. Forms of Resolutions... Code “Sectional “Index: . tic. ccsucles cons FOREWORD This small volume contains all the sections of law to be found in the General Code or in the session laws to date relative to the subject of highways, together with many of - the most important opinions of the Attorney General bearing upon legislative and administrative functions of highway - Officials. This is the third edition of the “Road Laws of _ Ohio”. The first and second issues were published by The ~ Ohio Good Roads Federation in 1915 and 1917. This edition : has been prepared along the line of previous editions by the _ Department of Highways and Public Works, the Legislative - Reference Department and The Ohio Good Roads Federation jointly, but the expense of printing is borne by the Depart- _ ment of Highways and Public Works from an appropriation -_ provided for the specific purpose by the last General Assembly. Until the year 1910 the road laws of Ohio were a veritable patchwork put together year. after year over a period of 100 years, in fact since the formation of the state more than 600 laws of a general nature have been passed relating to the subject of roads and highways. In addition to these there were on the statute books many hundreds of special acts under which turn pikes, plank roads and state roads were constructed prior to 1851. First Ohio Highway Law The first Ohio highway act was one which had been carried _ over from the government of the Northwest Territory, and _ which the first Constitutional Convention of Ohio, held No- vember 29, 1802, continued in force. This law authorized the county commissioners of each county to levy taxes to (v) vi -Foreworp pay for the building and repair of roads instead of a poll tax of ten days’ work on the public roads in each township each year by each man over 16 years of age as provided in a former territorial act. ‘ The Sheepskin Code The first general road law passed after Ohio became ae state bears the date of February 17, 1804, and was part of the first revision of Ohio laws which was known as the “Sheepskin Code”. This law provided in detail for the laying out of roads upon petition to the county commissioners — 3 ‘signed by 12 land holders and also provided that all male persons between the ages of 16 and 50 years perform three — days’ work upon the public roads each year. Second Ohio Highway Law . The above law was repealed in 1806 and a new law was — passed regulating the laying out and construction of roads, and providing that in addition to the labor on the roads which was required of each elector, the township trustees be authorized to levy a tax for the construction of roads within the township. In 1819 an act was passed which provided for a state levy. of $1.00 for every 100 acres of first rate land within the state, 75 cents per 100 acres of second rate land and 50 cents” per 100 acres of third rate land. This was later reduced to_ one-half the original levies. No great change was made in the highway laws within the next 30 years. Between the year 1804 and 1850 the state took an aver t3 part in the building of roads. The chief basis for the payment — of which was the 3% fund derived from the sale of the — public lands of the state as provided in an act of Congres passed March 8, 1803. “95 way > Rage WAN Pre ie ed eh a ALY _ companies. Under this law co a cos é] rm a } iy e A a) ‘ ee re _ the county commissioners. their charters they constructed roads FoREWORD vil Father of Main Market Roads Governor Worthington in a message to the Legislature, De- cember 3, 1816, on the subject of good roads, speaking especially of the three per cent fund, said: “I can recommend to the consideration of the Legislature the propriety of con- fining its expenditure to the leading roads of the state, and for the purpose recommend the incorporation of companies authorized to make permanent roads in such directions thru the state as will best promote the general interest thereof, and that the Legislature take for the benefit of the state such portion of the capital stock as may be deemed proper to be paid out of the three per cent fund, always applying _ the proceeds of such stock in such manner.’ Part of this recommendation, that relating to the purchase of stock in private companies was acted upon by the state 19 years later, The Ohio part of his recommendation, that relating to the construction by the state of main thtroughfares was not acted upon for almost 100 years. Early State Aid By an act passed February 11, 1832, the state auditor was required annually to apportion among the various counties the three per cent fund in equal amounts to be expended by One phase of road legislation which promoted road construction in the state is found in the laws incorporating private turn pike and plank road companies. These companies were incorporated previous to 1851 by special acts of the Legislature. Under authority of between designated Points and were authorized to charge tolls for both freight and Passengers using such roads. Ohio was incorporated in the in Trumbull County. The ge providing for the incorporatio The first turnpike company in year 1809 to construct a road neral law was passed in 1853 n of turn pike and plank road mpanies were incorporated untit Vill ForREWORD some time in the eighties when the construction of toll roads — ceased altogether. Laws were passed later by which these roads were purchased by the counties and made free turn pikes. ae ~ State Aid Improvements From 1851 to 1904 the state took no part whatever in road construction. About the year 1892 began the agitation for road improvement thru state aid. In that year on thes . recommendation of Governor McKinley a Commission was appointed to investigate the general subject of road improve- ment and to report at the coming Legislature. This Com- mission made a very extensive report but no highway legis-— lation was enacted as a result. State Highway Department Created In the year 1904 the State Highway Department was created. This same act provided for the principle of state aid, bt : in this year only $10,000 was appropriated for this purpose. — The department under this act was given some advisor jurisdiction in the matter of road building, but no admin istrative control. C State System Created In 1911 the General Assembly passed the McGuire re which changed the State Highway Department from a mer provided the state levy of one-half mill, for the creation 0 a main market road system. This levy was reduced in 191 to three-tenths of a mill, but the one-half mill was agi reinstated in 1917. as Sig tae ForEWoRD ix Highway Laws Codified In 1915 the General Assembly passed the Cass Highway act, which provided for a general revision of the highway laws and a simplification of administrative procedure, New Township Law In 1917 the General Assembly enacted the White-Mulcahy law which amended many sections of the Cass Law and which provided a practically new township highway law modeled after the county highway law. The same General Assembly passed an act creating a State Highway Advisory Board, with powers to approve state con- tracts and apportionments of money to the various counties. This act was repealed in the General Assembly of 1921. Busbey-F outs Law The General Assembly of 1919 enacted the Busbey-Fouts law which increased the state levy from three-tenths mill to five-tenths mill, removed the restrictions upon counties which prevented them from co-operating with the state in the use of state and federal appropriations, removed tax rate limi- tations by vote of the people so as to permit counties to make levies for local county roads, provided for mandatory maintenance of all improved roads, and the extension of the main market system to all counties of the state. Hopley-Gorrell Law In 1921 the Legislature enacted the Hopley-Gorrell law which provided for enlargement of the state highway depart- _ ment, gave greater authority to counties in making local levies _ to meet the state and federal appropriations and revised the sections pertaining to assessments an d other administrative __- procedure, bikie : FOREWORD This brief historical. outline of highway legislation in Ohio is given for the enlightenment of the citizenship and officials of the state and to show the various experiences of | the state in endeavoring to provide simple, equitable and satisfactory highway laws by which ieays may be Bre vided for the people. : . “3 Leon GC Henkin: Director, Highways and Public Works. — ; ’ Georce A. EncE, en Assistant Director, Legislative Reference Department. W. A. Avsporr, finies Executive Secretary, The Ohio Good Roads Federation. — CHAPTER I DEPARTMENT OF HIGHWAYS AND PUBLIC WORKS Sec. 154-3. [Administrative departments.] The follow- ing administrative departments are created: The department of finance, which shall be administered by the director of finance, hereby created; The department of commerce, which shall be administered by the director of commerce, hereby created; The department of highways and public works, which shall be administered by the superintendent of public works as director thereof; The department of agriculture, which shall be administered by the director of agriculture, hereby created; The department of health, which shall be administered by the director of health, hereby created; The department of industrial relations, which shall be ad- ministered by the director of industrial relations, hereby created ; The department of education, which shall be administered by the superintendent of public instruction, as director thereof ; The department of public welfare, which shall be admins- tered by the director of public welfare, hereby created. The director of each department shall, subject to the pro- visions of this chapter, exercise the powers and perform the duties vested by law in such department. (109 v. 105.) Sec. 154-4. [Appointment of director.] _ Each director whose office is created by section 154-3 of the General Code shall be appointed by the governor by and with the advice and consent of the senate, and shall hold his. office during the pleasure of the governor. (109 vy, 106.) (1) 2 DEPARTMENT oF HIGHWAYS AND Pusiic WorKs Sec. 154-5. [Assistant director.] In each department there shall be an assistant director, who shall be designated by the director to fill one of the offices within such depart- ment, enumerated in section 154-6 of the General Code, or as the head of one of the divisions created within such de- partment as authorized by section 154-8 of the General Code. When a vacancy occurs in the office of director of any de- partment, the assistant director thereof shall act as director of the department until such vacancy is filled. (109 v. 106.) Sec. 154-6. [Divisions.] Offices are created within the several departments as follows: * OK OK In the Department of Highways and Public Works State architect and engineer State highway engineer ot (109 v. 106.) Sec. 154-7. [Appointment of assistant directors.] The officers mentioned in sections 154-5 and 154-6 of the General Code shall be appointed by the director of the department in which their offices are respectively created, and shall hold a office during the pleasure of such director. (109 v. 107.) Sec. 154-8. [Powers of directors.] The officers men- tioned in sections 154-5 and 154-6 of the General Code shall be under the direction, supervision and control of the direc- — tors of their respective departments, and shall perform such — 4 duties as such directors shall prescribe. With the approval of the governor, the director of each department shall establish divisions within his department, and — distribute the work of the department among such divisions. Each officer created by section 154-6 of the General Code shall be the head of such a division. With the approval of the governor, the director of each department shall have authority to consolidate any two or more of the offices created in his department by section 154-6 Da bast LTT EO Hg Lea any | NT RTOs Ce ae OR aa Peery 2 Te, fe = DEPARTMENT oF HIGHWAYS AND Pusiic Works 3 of the General Code, or to reduce the number of or create new divisions therein, The director of each department may prescribe regulations, not inconsistent with law, for the government of his depart- ment, the conduct of its employes, the performance of its business and the custody, use and preservation of the records, papers, books, documents and property pertaining thereto. (109 v. 107.) Sec. 154-10. [State highway engineer.] The state high- way engineer shall be a competent civil engineer with at least five years’ experience in the construction and maintenance of highways. (109 y. 108.) Sec. 154-14. [Oath, bond.]_ Each officer whose office is created by sections 154-3, 154-5 and 154-6 of the General Cede shall, before entering upon the duties of his office, take and subscribe an oath of office as provided by law and give bond, conditioned according to law, with security to be ap- proved by the governor in such penal sum as shall be fixed by the governor, not less in any case than ten thousand dol- lars. Such bond and oath shall be filed in the office of the secretary of state. The director of each department may, with the approval of the governor, require any chief of a division created under the authority of this chapter, or any officer or employe in his department, to give like bond in such amount as the governor may prescribe. The premium, if any, on any bond required or authorized by this section may be paid from the state treasury. (109 v. 108.) Sec. 154-15. [Advisory boards.]_ The director of each department may, with the approval of the governor, establish and appoint advisory boards to aid in the conduct of the work of his department or any division or divisions thereof. Such advisory boards shall exercise no administrative func- tion, and their members shall receive no compensation, but may receive their actual and necessary expenses. (109 v. 108). 4 DEPARTMENT oF HiGHWAyYsS AND Pusiic Works Sec. 154-26. [Offices abolished.] The following offices, boards, commissions, arms and agencies of the state govern- ment heretofore created by law are hereby abolished: * Ok Ox The State Highway Commissioner. The Chief Highway Engineer. * ok x (109 vy. 111.) Sec, 154-40. [Departmental powers.] The department of highways and public works shall have all powers and per- form all duties vested by law in the superintendent of public works, the state highway commissioner, the chief highway en- gineer, and the state building commission. Wherever powers are conferred or duties imposed upon any of such depart- ments, offices or officers, such powers and duties shall, except as herein provided, be construed as vested in the department of highways and public works. (109 v. 118.) Sec. 2250. [Salaries.] The annual salaries of the ap- pointive state officers and employes herein enumerated shall be as follows: * Ok Ok Department of Highways and Public Works: Superintendent of public works as director of highways and public works, six thousand five hundred dollars. State architect and engineer, four thousand dollars. State highway engineer, five thousand dollars. * Ok Ok (109 v. 128.) Sec. 1178. [Purposes and duties of the department.] The department of highways and public works shall be for the purpose of constructing, improving, maintaining and re- pairing a state system of highways, co-operating with the federal government in the construction, improvement, main- tenance and repair of post roads or other roads designated by the federal authorities, and affording instruction, assistance . a we 2 PONY pees" ved Op Le = ie ey cece uM “* x a et. 168 8S 7 SPN PP Ca sh de DEPARTMENT oF HIGHWAYS AND PuBtic Works 5 and co-operation to the counties, townships and other sub- divisions of the state in the construction, improvement, main- tenance and repair of the public roads and bridges of the state, under the provisions of this chapter. (109 v. 127.) There is no statutory authority in the county commissioners in con- nection with state aid improvem~**: under sections 1178 et seq. G. C. ' to exercise their option of providing an assessment zone of one-half mile or one mile in width on either side of the road to be improved when the adoption of a zone of swch width would extend the assess- ment area into an adjoining county. Opinions of Attorney General, 1920, v. I, p. 27. 2. The duty enjoined on county commissioners by the provisions of such sections (7563, 7564) was not relieved by the passage of the State Highway Laws or any later amendment thereof. 31 0. C. A. 449, - These sections, (1178, 7464, 7465) and others, show that the Legis— Jature intended to create a State Highway Department and give it control over certain highways for the construction, improvement, main- tenance and repair of the same. .Rut our attention has not been called to any provision, nor have we found any, which makes it the duty of the State Highway Department to erect guard rails. If by the State Highway law the duty to erect guard rails had been placed on the Highway Department then there would have been an inconsistency between its provisions and the provisions of Sections 7563 and 7564, and the former would supersede the latter. But we can see no inconsistency between a law which confers authority upon the officers of a department to construct, improve, maintain and repair certain roads and a law which directs other officers to erect guard rails on the approaches and ends of bridges. The Legislature may have concluded that since it was the duty of county commissioners to erect guard rails, where required, at all other bridges in the county it might remain their duty to place guard rails, where required, at bridges on roads under state control, Besides, the Legislature may have considered, in enacting the State Highway law, that to put the duty of erecting guard rails on the State Highway Department would be virtually eliminating a right of action for injuries where one should exist, and left the duty and liability remain. Harrigan y, Commissioners, 31 O, C, A. 449. Sec. 1179. Repealed. (109 y., 132.) Sec. 1180. Repealed. (109 v. 132.) Sec. 1180-1. [First assistant state highway commis- sioner; powers and duties.]| The state highway commis- sioner shall appoint a first assistant state highway commissioner: 6 DEPARTMENT OF HIGHWAYS AND Pusiic WorkKs who shall be a competent civil engineer. ‘The first assistant state highway commissioner shall act as chief engineer of the department and serve during the pleasure of the state highway commissioner. In the absence of the state highway commis- sioner such assistant shall perform and discharge all the duties of the state highway commissioner as required by law. He shall, under the general-direction of the state highway commis- sioner, have charge of the engineering work of the department and shall under the direction of the state highway commis- sioner have general supervision over the work of the deputy highway commissioners, and of ali other engineers employed in the department. The first assistant state highway commissioner, in addition to performing the duties above assigned to him, shall perform such other duties in connection with the department as may be designated by the state highway commissioner. The salary of such assistant shall be four thousand eight hundred dollars per annum, and in addition to his salary he shall be paid his actual and necessary traveling expenses. The state highway commis- sioner shall require such assistant to give bond in the sum of ten thousand dollars conditioned for the faithful performance. of his duties with sureties to the approval of the state highway commissioner, The words “chief highway engineer” occurring in any section of the General Code not herein amended or repealed shall after the taking effect of this act be read, “first assistant state high-~ way commissioner.” (109 v. 155.) In anticipation of the passage of H. B. No. 249 (Administrative Code) the following was added to the Hopley-Gorrell Highway Act of 1921: — In the event the office of state highway commissioner is abolished by legislative enactment effective either before or after the taking effect of this act, and the powers and duties of the existing state highway department are by such legislative enactment lodged in a division of one of the departments of state government created by such legislative enactment, then the powers and duties of the state highway commis- sioner as defined by this act shall be exercised and performed by the — head of such division. In such event the® office of first assistant state — highway commissioner created by this act shall ‘cease to exist or shall he Teter ie DEPARTMENT oF Highways AND Pusiic Works {6 not come into existence, as the case may be, and the powers and duties of the first assistant state highway commissioner as defined by this act shall also be exercised and performed by the head of such division, who shall also be authorized to change the titles of all other subordinates and employes provided for by this act. Sec. 1181. [Three deputy highway commissioners; duties, salaries.] The state highway commissioner shall also appoint three deputy highway commissioners, who shall be competent civil engineers and serve during the pleasure of the commissioner. One of these deputy highway commissioners shall be expe- rienced in road construction and improvement and acting under the direction of the first assistant highway commissioner, shall have supervision of all matters pertaining to road construction and improvement as provided for in this chapter. Another of said deputies shall be experienced in road maintenance and re- pair, and acting under the direction of the first assistant high- way commissioner, shall have supervision of all matters per- taining to road maintenance and repair. Another of said dep- uties shall be experienced in the design, construction, mainte- nance and repair of culverts and bridges, and acting under the direction of the first assistant highway commissioner, shall have supervision of all matters pertaining to the design, con- struction, maintenance and repair of culverts and bridges. The deputy highway commissioners in addition to performing the duties above assigned to them shall perform such other duties in connection with this department as may be designated by the state highway commissioner or first assistant state highway commissioner. The salary of each said deputy highway commissioner shall be four thousand five hundred dollars per annum. In addition to their salaries such deputy highway commissioners shall be paid their actual and necessary traveling expenses. The state highway commissioner shall require each such deputy highway commissioner to give bond in the sum of five thousand dollars conditioned for the faithful performance of his duties with 8 DEPARTMENT OF HIGHWAYS AND PUBLIC WorKS such sureties as the state highway commissioner approves. (106 v. 623; 108 v. Pt. I, 479; 108 v. Pt. II, 183; 109 v. 155.) Sec. 1181-1. [Auditor; appointment; duties.] The state highway commissioner shall appoint an auditor whose especial duty it shall be, under the supervision and direction of the state highway commissioner, to examine into and supervise the methods of bookkeeping and accounting of the state highway department and all similar matters relating to its management. The auditor under the general supervision of the state high- way commissioner, shall prescribe methods of accounting for the highway department, and the accounting force of the high- way department shall be under his direction. It-shall be the duty of the auditor to devise and install in the department a system of bookkeeping adequate to the needs thereof, and the accounts of the department shall be so kept under his super- vision that such accounts shall at all times clearly and plainly exhibit the several appropriations available for the use of the department, the specific amounts of each such appropriation set aside or apportioned by the department for each improvement or purpose, the apportionment or division of all such appro- priations among the several counties of the state, where such apportionment or division is so made, the amount or portion of each such apportionment against which contractual liabilities have been created, and the amount expended and still to be ex- pended in connection with each contractual obligation of the department. The auditor shall establish such system in the department as will afford a full and complete check against the improper payment of any bills from the funds of the de- partment, and equally, provide for the prompt payment of the just obligations of the department. The auditor shall act under the general supervision and control of the state highway com- missioner and shall perform such other similar duties as may be designated by the state highway commissioner. He shall give a bond in the sum of ten thousand dollars, conditioned for the faithful performance of his duties with sureties to the Sekt Aw ae ~+iie , % ae ie Ae a “ x oi Z d B a x ~ a — nS = He ~ 44 aa ae < A io on — + a y br = , ae ous > is ar ‘ hare DEPARTMENT oF HiGHWAyYs AND Pustic Works g approval of the state highway commissioner, and shall receive a salary of four thousand dollars per annum. The powers and duties conferred by this section shall be subject to such control as is now or may hereafter be conferred by law upon any department of the state government with re- spect to the financial transaction of the departments, offices and institutions of the state government. (109 y. 156.) Sec. 1182. [Fifteen resident deputy state highway com- missioners; districts, clerks.] The. state highway com- missioner shall also appoint fifteen resident deputy state high- way commissioners. Each of said resident deputy state highway commissioners shall under such regulations as may be pre- scribed by the state highway commissioner be authorized to act for and in the place of the state highway commissioner in all matters arising within the district to which such deputy is as- signed. Each of said resident deputy state highway commis- sioners shall be a competent civil engineer and shall be paid a salary of four thousand dollars per annum and shall serve during the pleasure of the commissioner. The state highway commissioner shall require each such resident deputy to give bond in the sum of five thousand dollars conditioned for the faithful performance of his duties with sureties to the approval of the state highway commissioner. It shall be the duty of the first assistant state highway com- missioner to divide the state into districts and to assign a res- ident deputy to each of such districts. He may establish at a convenient location within each of such districts an office for the use of the resident deputy assigned to such district. Each resident deputy assigned to such an office shall be provided with a clerk ora stenographer, and the office of each such res- ident deputy shall be open at all reasonable times for the trans- action of public business, and the regular attendance of such clerk or stenographer shall be required at such office, which shall be furnished with necessary stationery, office supplies and fixtures. The state highway department shall be authorized to lease proper quarters for such offices or May accept the use 10 DEPARTMENT oF HIGHWAYS AND PusLtic Works of offices in a court house or county building when the right to use the same shall have been granted by the county commis- sioners in charge thereof. The expense of maintaining all such offices shall be paid from the funds of the department. Each resident deputy shall have direct charge of all the operations of the state highway department within his district whether relating to the construction, improvement, maintenance or re- pair of roads or bridges, and shall perform all duties required of him by the first assistant state highway commissioner or either of the deputy highway commissioners. Said state high- way commissioner may also appoint a chief clerk, who shall re- ceive a salary of not more than two thousand five hundred dol- lars per annum, to be fixed by the state highway commissioner, and a secretary who shall receive a salary of not more than three thousand dollars per annum to be fixed by the state high- way commissioner. The state highway commissioner may ap- point as many additional clerks or stenographers and such enzi- neers, superintendents, inspectors and other employes, and may purchase, maintain and operate such equipment within the limits of appropriations as he may consider necessary to carry out the provisions of this chapter. Each of said employes shal! be paid a salary to be fixed by the state highway commissioner within the limits of the appropriations made by the general assembly. All appointees and employes for whom provision is made in this and the preceding sections of this act shall re- ceive their actual and necessary traveling expenses when on official business. The words, “division engineer” occurring in any section of the General Code not amended or repealed by this act shall after the taking effect of this act be read, “resident deputy state highway commissioner.” (106 v. 624; 108 v. Pt. I, 480; 108 v. Pt. 11, 1832; 109 v. 157.) Sec. 1183. [Bond of employes.] Each of said em- ployes appointed by the state highway commissioner, may be required to give bond in such sum as the state highway com- missioner may determine. Such bonds shall be conditioned upon the faithful discharge of the duties of their respective CREE Ry AN DEPARTMENT oF HIGHWAYS AND PusBLic WorkKS tet positions, and such bonds shall be approved by the state high- way commissioner. These bonds, with the approval of the state highway commissioner, as to sureties, and the approval of the attorney general as to form, shall be filed in the office of the secretary of state. If the bond furnished by such officers or employes is a surety bond, the premium thereon shall be paid out of the contingent expense fund or other funds of the department. (106 v. 624.) Sec. 1183 was repealed 109 v. 132, Sec. 1184, [General powers and duties of state high- way commissioner.] The state highway commissioner shall have general supervision of the construction, improve- ment, maintenance and repair of all inter-county highways and main market roads, and the bridges and culverts thereon. He shall aid the county commissioners in establishing, creating and preparing suitable systems of drainage for all highways within their jurisdiction’ or control and advise with them as to the construction, improvement, maintenance and repair of such highways; and he shall approve the design, construction, main- tenance and repair of all bridges, including superstructure and substructure, and culverts or other improvements on inter- county or main market roads; and in the case of bridges and culverts on other roads, when the estimated cost thereof ex- ceeds ten thousand dollars, the plans therefor shall be submit- ted to and approved by him, before contracts are let therefor. He shall cause plans, specifications and estimates to be pre- pared for the construction, maintenance or repair of bridges and culverts when so requested by the authorities having charge thereof, and he shall cause to be made surveys, plans, profiles, specifications and estimates for improvements whether upon state, county or township roads. He shall make inquiry in regard to systems of road and bridge construction and maintenance whereever he may deem it advisable and conduct investigations and experiments, with reference thereto, and make all examinations, in his opinion, 12 DEPARTMENT OF HIGHWAYS ANd Pusiic Works advisable, as to materials for road construction or improve- ment. (106 v. 625; 108 v. Pt. I, 480; 109 v. 158.) The State Highway Commissioner is without authority to enter into a lease which provides in substance for the right to maintain adver- tising signs along the public highways as a consideration for the furnish- ing of warning signals. Opinions of Attorney General, 1920, v. II, p. 1220. 1. In the absence of the consent of the contractor, the state high- way commissioner is not authorized to retain and make use of the equipment of such contractor in completing the work embraced in the contract, after the contractor has been removed from his work. 2. Where, following the completion of work embraced in a contract, the General Assembly has released the contractor from liability arising because of his having failed to complete his contract, the State High- way Commissioner is not authorized to pay to such contractor rent or royalty on account of the use by the state of such contractor’s equip- ment in completing the contract, even though the state prior to the time of the release by the General Assembly, has agreed to pay such rental or royalty. Opinions of Attorney General, 1920, v. II, p. 1243. Sec. 1184-5.. [Right of entry by employe.] A person employed in the execution of any survey authorized by the state highway commissioner, without doing unnecessary in- jury thereby, may enter upon any lands within the state for the purpose of reconnaissance, surveying, leveling, ard of doing any work necessary to carry out the provisions of t is chapter. Proceedings relative to damazes shall be held the same as is provided in sections 2819-2821 of te General Code. (103 v. 451.) The above section is probably repealed by implicaticn. See Section 1190. Sec. 1185. [Public meetings to afford instruction.] The state highway commissioner may, either in person or through a representative of the department, respond to invitations to give addresses and lectures before bodies interested in hivh- way improvements, and he may call public meetings to be he'd within each county of the state for the purpose of affording instruction in matters pertainine to road and bridge construc- tion, improvement, maintenance and repair. Such called meet- ings shall be conducted by the state highway commissioner, A ‘i a ee Loan eae 7 a). sp Ae) — oe, Ba an Padi aca ey, ye es AS ie Cla DEPARTMENT oF HicHways AND Pupiic WorKs 13 or his authorized representatives. Upon receipt of notice from the state highway commissioner fixing the date for such meeting, the county surveyor shall notify the county com- missioners, township highway superintendents, trustees of each township and ditch superintendents to be present at such meeting. Each of said officials shall be paid in the regular manner his per diem allowance for attending such meetings. The commissioner May prepare, publish and distribute such maps, plans, blueprints, bulletins and reports as he may deem advisable. (106 vy. 625; 108 v. Pt. I, 481.) Sec. 1185-1. [Conference of county surveyors and com- missioners.] | The state highway commissioner is au- thorized to call the county surveyors together once each year, for the purpose of conducting a conference or schoo] in which the best methods of road building and other matters of inter- est may be discussed, and at which instructions may be given to said county sutveyors pertaining to their work, by the state highway commissioner. or by another person designated by him for that purpose. ‘the state highway commissioner shall also be authorized to call any county surveyor or county commissioner or commissioners into a conference at any time for any purpose connected with his official duties, and such county officers shall in addition to their salaries receive from their respective counties their actual and necessary expenses incurred in such attendance. Instead of a conference or school, the state highway commissioner may hold conferences or schools in various sections of the state for the convenience of the surveyors in such sections. (106 v. 648: 108 y. Ped, 481; 109 v. 158.) Deputy county surveyors are not by virtue of section 1185-1 G. C. nor of section 2786 G. C. entitled to reimbursement for expenses in- curred in attending a meeting of county Surveyors called by the state highway commissioner as authorized by section 1185-1 G=-G.=-G08e@: ibe Part I, page 481.) Opinions of Attorney General, 1929,: -v. I, p; 411. Sec. 1186. [Apparatus and supplies of college of agri- culture; testing materials.]| The apparatus and supplies of the college of agriculture and engineering of the Ohio State 14 DEPARTMENT OF HiGHWAYS AND Pusiic Works University, may be used by the state highway commissioner or any of his employes in making investigations concerning the chemical and physical character of road and bridge ma- terials. The College of Agriculture and Engineering of the Ohio State University, when called upon by the state highway commissioner, shall make investigation and conduct experi- ments with reference to road building materiais or for the purpose of determining any matters connected with road or bridge construction. The highway commissioner shall co- operate as far as possible with said University in any course offered in highway engineering, The state highway commis- sioner is hereby authorized to make tests of road building materials for the authorities of any county or municipal corporation and may employ for that purpose any of the fa- cilities of his department or any of the employes thereof en- gaged in or qualified to make tests of such materials. When the state highway commissioner makes any such test or tests of such road building materials, he shall collect from such county or municipality a charge sufficient to cover the actual cost of making such tests and the fee so collected shall be paid by him into the state treasury to the credit of the state highway improvement fund. Where such materials so tested are designed for use upon any inter-county highway or main market road, no charge shall be made by the state highway commissioner for testing the same. (106 v. 626; 108 v. Pt. I 481.) Sec. 1187. [Maps by county surveyor.] The state high- way commissioner or chief highway engineer, may call upon the county surveyor, at any time, to furnish a map or maps of the county showing distinctly the location of any rivers, railroads, streams, township. lines, cities, villages, public high- ways and deposits of road material, together with any other information that may be required by said commissioner or engineer. Such information and maps shall be furnished by such surveyor in such form as the state highway commis- sioner may require. A copy of such maps, plats or other in- DEPARrMENT oF HiGHWAYs AND Pustic Works 15 formation shall be kept on file in the office of the county sur- veyor. (106 v. 626; 108 v. Pt. I, 482.) Sec. 1188. [Surveyor may require information from trustees.]| The county surveyor shall have the right to call upon the township trustees or township highway super- intendents to furnish any part of the information called for by the preceeding sections, and such officials when so called upon to furnish such information shall be paid their usual per diem in the regular manner for the time employed in fur- nishing the same. (106 v. 626; 108 v. Pt. I, 482.) Sec. 1189. [Powers and duties relating to inter-county highways and main market roads; vacation and abandon- ment.] The inter-county highways and the main market roads heretofore established by law, shall continue to be and remain a part of the system of inter-county hizhways and main market roads of the state unless changed in the man- ner hereinafter provided. Within one hundred and twenty days after the taking effect of this act the state highway commissioner shall examine into and consider the present main market road system of the state, and if upon such ex- amination and consideration he finds that it would be ex- pedient to vacate or abandon as main market roads any of the highways of the state now so designated, by reason of the fact that such highways are of minor importance or by reason of the fact that it would be inadvisable for the state to undertake the construction of such highways as main mar- ket roads on account of difficulties of construction, character of territory traversed, close proximity of parallel main mar- ket roads, or any other similar cause, he shall vacate and abandon such highways as main market roads, and such high- ways shall cease to be main market roads and shall become and remain inter-county highways and be improved as such. In order to extend the benefits and advantages of the main market road system of the state to every county thereof, the state highway commissioner shall also designate such addi- tional main market roads as are necessary to be established in ‘ Re 16 DEPARTMENT OF HIGHWAYS AND PusBLic WorKsS order that each county in the state shall be traversed by at least one main market road. Such additional main market roads shall be designated over and along the routes of the most important inter-county highways traversing such coun- ties. The state highway commissioner shall also make such minor changes in the routes of existing main market roads, if any are necessary, as to perfect and harmonize the existing system of main market roads. He shall perform the above duties within one hundred and twenty days after the taking effect of this act, and shall file with the governor a report of his action in reference to the foregoing matters. Upon the approval of the governor of such report the changes and modifications in the main market road system of the state therein reported shall take effect. In addition to the inter-county highways and main market roads heretofore established under authority of law, or here- after established under authority of the foregoing provisions, and as shown by the records in the office of the state highway department, and by the reports filed with the governor relat- ing thereto, the state highway commissioner shall, after the execution of the authority hereinbefore conferred, have au- thority to designate additional inter-county highways or main market roads, or change existing inter-county highways or main market roads after notice and hearing as hereinafter provided. Before establishing any additional main market roads or inter-county highways, or making any changes in existing inter-county highways or main market roads, the state high- way commissioner shall give notice by publication in two newspapers of general circulation in each of the counties in which said inter-county highway or main market road or any part thereof is located, by publication, once each week for two successive weeks. Such notice shall state the time and place of hearing, which hearing shall be held in the county, or one of the counties, in which said road or some part thereof is situated, and which hearing shall be open to the public, and which notice shall further state the route of the DEPARTMENT oF HIGHWAYS AND Pusiic Works 17 proposed inter-county highway or main market road or the change proposed to be made in an existing inter-county high- way or main market road, The state highway commissioner or a deputy highway commissioner designated by him shall attend such hearing and hear any proof.offered on such mat- ter. Any changes made in existing inter-county highways or main market roads by the state highway commissioner, or any additional inter-county highways or main market. roads established by him following such hearing, shall be certified to the counties interested therein, and a report of such change or addition filed in the office of the governor and the report of the state highway commissioner making such change or establishing such road shall be placed on file in the office of the department. In no event shall the main market road mileage of the state be increased under any of the above provisions to exceed three thousand miles. The state highway commissioner, upon petition of the county commissioners of the counties traversed thereby or upon petition of citizens of such counties, is authorized to officially assign to a main market road a distinctive name commemorative of an historical event or personage, or to officially assign thereto a commonly accepted and appropriate name by which such road is known. (106 v. 626; 108 v. Pt. Ts. 482.) Sec. 1190. [Right of entry by commissioner or engi- neers on lands; damages.] Any person employed in the execution of any survey authorized by the state highway commissioner or chief engineer may, without doing unneces- sary injury thereto, enter upon any lands within the state for the purpose of inspecting, surveying, leveling or doing any work deemed necessary to carry out the provisions of this chapter. If the Person, firm or corporation whose premises are entered upon for the Purposes aforesaid, makes any claim for compensation or damages for injury thereto, and the Parties cannot agree as to the amount to be paid for such 18 DEPARTMENT oF HigHWAyYS AND PusLic Works compensation or damages, either party may petition the pro- bate court of the county in which such land is situated, and the court shall appoint a time for a preliminary hearing on said petition, and shall notify the parties interested, and he shall fix a time for hearing of the matter in controversy, and the court may view the premises if he sees fit, and shall hear evidence relating thereto, and shall assess such compensation or damages, if any, as the court deems just. When a petition is filed with the probate court he shall require the party filing such petition to give bond in such sum as he may fix to cover costs of the proceedings on appeal. If either party is not satisfied with the judgment of the court, he may ask for a jury trial, and the court shall thereupon cause a jury to be summoned as provided by law relating to appeals in road cases, and thereupon the trial shall proceed as pro- vided in the law relating to such cases. (106 v. 627.) Sec. 1190-1. [Housing, storing, caring, etc., of road machinery and equipment.] The state highway commis- sioner shall be authorized to secure at some central location within the state, a suitable building or buildings for housing, storing, caring for and keeping in repair, automobiles, motor trucks, road machinery and equipment received by the state highway department from the Federal government and also other automobiles, trucks, machinery and equipment owned by the state highway department. Such building or buildings may be secured either by lease or by the purchase of a suita- ble site and the erection thereon of a suitable building or buildings. The state highway commissioner shall also be au- thorized to equip such buildings with the necessary tools and equipment for the care and repair of such automobiles. trucks and machinery. The state highway commissioner shall cause all such automobiles, trucks, machinery and equipment not leased by him to county commissioners, to be kept in repair, and he shall be authorized to employ the same in the im- provement, maintenance and repair of inter-county highways and main market roads as provided by law. The expenses incurred by the state highway commissioner in providing EF _. wos eo: a : 4 es 4 a ede it oy - i} “ty Pe ee ge yee ere meee ae \ a ee yh tet ; - ae het A Pa he | Oe 1 See ay AA es ee LT Te PRT ee DEPARTMENT OF H1GHWAYS AND PusLic Works 19 such buildings, and storing, housing, caring for and repairing such automobiles, trucks, machinery and equipment, shall be paid from any appropriation made to the state hizhway de- partment and available for expenditure for policing and patrol- ling and maintaining highways. If the state highway commis- sioner determines to secure a building or buildings by lease, he shall, upon securing a satisfactory offer of lease in writing from the owner of the building or buildings selected by him, report the facts to the adjutant general, together with his recommendations as to the making of-such lease, and the adjutant general shall thereupon execute the necessary lease in writing on behalf of the state, in accordance with the rec- ommendations of the state highway commissioner, and shall deposit a copy of such lease in the office of the secretary of state within ten days after the lease has been executed. (108 v. Pt. II, 1288.) Sec. 1190-2. [Lease by counties of Federal equipment and supplies. ] The state highway commissioner shall be authorized to lease to the county commissioners of any county, upon such terms, rentals and conditions as to him may seem proper, surplus automobiles, motor trucks, road machinery, equipment, and supplies received from the Federal government, and also any and all parts necessary or incidental to the proper maintenance and equipment of such automobiles, trucks and machinery, when in the judgment of the state highway com- missioner, such articles are not required in the prosecution of any work then being carried on under the direct control of the state highway department. The county commissioners of any county shall be authorized to execute any and all such leases as to them shall seem proper, and shall provide suitable places for housing and storing such automobiles, trucks, road ma- chinery and equipment, and shall keep such automobiles, trucks, machinery and equipment in reasonable repair. Any expense incurred by the county commissioners in carrying out the pro- Ser” Moe ee ee 20 DEPARTMENT OF TliGHWAYS AND Pusitic Works visions of this. section shall be paid from the road repair fund or other road funds of the county. (108 v. Pt. II, 1239.) 1. County commissioners who have received from the state highway commissioner, automobile trucks turned over to the state by the federal government, are not authorized at this time to procure insurance on said trucks against their loss or damage. Whether state highway commissioner is authorized by section 1190-2 G. C. (Amended substitute Senate Bill No. 105, effective May 20, 1929) to require county commissioners to procure such insurance—Quaere. 2, County commissioners have no authority to procure insurance on behalf. of the county against loss whith may accrue to it in the use of automobile trucks, through injuries to the person or property of third persons; cost of defending claims and suits; first aid expense, etc. ‘Opinions of Attorney General, 1920, v. I, p. 841. Sec. 1191. [Application for state aid by county com- missioners.] The commissioners of any county may make application to the state highway commissioner for aid from any appropriation by the state from any fund available for the con- struction, improvement, maintenance or repair of inter-county highways. Such application shall be filed prior to March first of the calendar year in which such appropriations may be made or become available. If the county commissioners have applied for such aid prior to March first, and upon é¢xamination of the application by the state highway commissioner it is found to be irregular, it shall be the duty of such commissioner to imme- diately notify the board of county commissioners and request that they make the proper correction or amend the application and return the same to the office of the state highway commis- sioner within thirty days thereafter. If the county commis- — sioners or township trustees do not make application for the apportionment to such county on or before the first day of May then the state highway commissioner shall enter upon and con- struct, improve, maintain or repair any of the inter-county highways or parts thereof in said county, either by contract,’ force account or in such manner as the state highway com- missioner may deem for the best interests of the public, paying the full cost and expense thereof, except that portion to be as- er DEPARTMENT OF HIGHWAYS AND PusLtic WorKS 21 sessed against abutting property, from the apportionment of the appropriation due said county and unused or unapplied for _ by the said county or any board of trustees thereof, as herein- after provided. The board of county commissioners of any county or the board of township trustees of any township thereof shall, however, be authorized to make said application for aid from any appropriation by the state from any fund available for the construction, improvement, maintenance or repair of inter-county highways at any time after the first day of May of the calendar year in which such appropriation may be made or become available provided that at the time such application is made the state highway commissioner has not entered into any contract or incurred any obligations on behalf of the state involving the expenditure of the funds for which application is made. When a part of the inter-county highway system or main market road system of the state is improved by the state, by contract or force account, without the co- operation with a county or some township thereof, ten per cent of the cost of said construction or improvement shall be as- _ sessed against the land abutting thereon according to the ben- _ efits, provided the total amount assessed against any abutting property shall not exceed thirty-three per cent of the valuation of such abutting property for the purpose of taxation. The state highway commissioner shall cause to be made a tentative _ apportionment of the amount to be assessed and shall fix a _ time and place for a hearing on such apportionment. He shall give notice to said abutting property owners of the time and place of such hearing by one publication in a newspaper of general circulation in the county in which said improvement is situated, which notice shall be published at least ten days before the date fixed for said hearing. The state highway commis- _ sioner shall attend such hearing in person or designate a deputy _ highway commissioner or division engineer to attend the sarhe and if any objections in writing are presented to the tentative - apportionment the proof offered by the aggrieved parties shall be heard. The tentative assessment shall be confirmed by the state highway commissioner as made, or in case objections are made thereto, with such modifications, if any, as he may deem just and proper and the same shall be certified to the county auditor of the county in which such abutting property is sit- uated to be by. him. _placed upon the duplicate against said land and paid in such number of equal semi-annual payments as may be fixed by the state highway commissioner. Said assessments when collected by the county treasurer shall be paid into the state treasury to the credit of the state highway improvement fund to reimburse the state for the money advanced by it on account of said improvement. (106 v. 627; 107 v. 121.) Sec. 1191 has been amended so as to advance from January Ist to March Ist the time within which commissioners, may apply for state ~ aid and so as to permit application by local authorities after May Ist if the state highway commissioner has not taken any action look- ing toward the expenditure of funds without co-operation. The neces- sary machinery has been provided to enable the state highway com- missioner to make assessments of ten per cent. of the cost whenever he proceeds without the co-operation of local authorities. Sec. 1192. [Application for state aid by township trus- tees.]| In case the county commissioners do not file any application for state aid before March first of any year in which the funds will be available for the construction, im- provement, maintenance or repair of some one or more of the inter-county highways or main market roads, then the board of township trustees of any township within the county may file such application, and the state highway commissioner may co-operate with such trustees in the construction or improve- ment of said highway in the manner hereinafter provided in cases where the county commissioners make such application. (106 v. 628; 107 v. 123.) Sec. 1193. [Application to be accompanied by resolu- tion and agreement.] Each application for state aid in the construction, improvement, maintenance or repair of inter- county or main market roads shall be accompanied by a prop- erly certified resolution of the county commissioners or town- bo jee) DEPARTMENT OF HiGHWAYS AND PusLic Works ship trustees, stating that the public interest demands the im- provement of the inter-county or main market roads therein described, which may include any portion of a highway in the limits of any village when the same is a continuation of the proposed improvement or which may cover any portion of a highway in the limits of any village when the same is a con- tinuation of an inter-county highway or main market road already improved, and the consent of the village has been ob- tained, which consent shall be evidenced by the proper legis- lation of the council of said village entered upon its records. Provided, however, that when all the inter-county highways within the county have been improved to the standard specified by the state highway commissioner, then said state highway commissioner shall designate additional inter-county highways or main market roads in said county, in.the manner provided in this chapter. Each application for state aid shall also con- tain an agreement on the part of the county commissioners or township trustees to pay one-half of the cost and expense of surveys and other expenses preliminary to the construction, improvement, maintenance or repair of said highway. (106 v. 628; 107 v. 123.) Sec. 1193-1. [State highway through village; cost; special assessments.] When, upon the application of county commissioners or township trustees and under the supervision of the state highway department, the improve- ment of an inter-county highway or main market road is extended into or through a village, or an improvement con- stituting an extension of an improved inter-county highway or main market road is constructed within a village, it shall not be necessary for the village to assume any part of the - cost and expense of the proposed improvement. If no part of the cost and expense of the proposed improvement is assumed by the village, no action on the part of the village, other than the giving of its consent, shall be necéssary; and in such event all other proceedings in connection with said improvement, including the making of assessments, shall be 24 DEPARTMENT OF H1GHWAYS AND PusiLic WorkKS conducted in the same manner as though the improvement was situated wholly without a village. The village may, however, by agreement of its council made with the county commissioners or township trustees, assume and agree to pay all or any part of the cost and expense of that part of the improvement within the village assumed in the first instance by the county commissioners or township trustees and to be paid by general taxation. A village agreeing to pay any por- tion of the cost and expense of the improvement is hereby authorized to levy taxes upon all the taxable property of such village under the same conditions and restrictions imposed by law in the case of taxes levied for the purpose of providing funds for the payment of the village’s share of the cost of street improvements under the exclusive jurisdiction and con- trol of the council of a village and is further authorized to sell its bonds in anticipation of the collection of such taxes under the same conditions and restrictions imposed by law in the sale of bonds for street improvements under the exclusive jurisdiction and control of the council of a village. The vil- lage shall pay to the county or township treasury, as the case may be, its proportion of the estimated cost and expense of said improvement as fixed in the agreement between the council and the county commissioners or township trustees, and after the completion of said work and the payment of the cost and expense thereof any balance of the funds contributed by said village shall be refunded to it to be disposed of accord- ing to law. All special assessments shall be made by the county commissioners or township trustees upon whose appli- cation the improvement is constructed. This section shall apply where the council of a village does not desire to improve all or any part of said road within such village to a greater width than is contemplated by the proceedings for said improvement by the state highway commissioner and the county commis- sioners or township trustees; and shall also apply to so much of said road as it was designed to improve by the state high- way commissioner and county commissioners or township trus- _ ~ NY Clee eee ae a i oS f : | a ee ai & ? E 2 1 i ii, ee ee eae ae See ee é DEPARTMENT OF HIGHWAYS AND Pusitic WorKS 25 tees in cases where the council of said village desires to im- prove all or any part of said road within such village to a greater width than is contemplated by the proceedings of the state highway commissioner and county commissioners or township trustees. (107 v. 123.) Secs. 1193-1 and 1193-2 are designed to supply the necessary machin- ery for financing the improvement, making assessments and other similar matters where improvements are extended into or through villages upon the application of county commissioners or township “trustees. This legal machinery is entirely missing in the Cass law and this fact has resulted in endless confusion and in great delay in a few cases where it has been attempted to extend improvements into or through villages. It is very important-that this matter be fully covered as there are many small villages ‘along the main roads of the state, which villages are totally unable on account of tax limita- tions to improve the roads within their bounds unless they are able to secure state aid, and unless such aid is extended the result is a break of a few hundred feet in the paving and the destroying of a through line of improved roadway desired for use at all seasons of the year. Sec. 1193-2. [When state highway within village im- proved to greater width; tax levy; bond issue.] When- ever any portion of a road to be improved by the state highway commissioner in co-operation with the county com- missioners or township trustees lies within the corporate limits of a village, and the council of said village desires to improve all or any part of said road within such village to a greater width than is contemplated by the proceedings for said im- provement by the state highway commissioner and county com- missioners or township trustees, such council shall at any time before the surveys, plans, profiles, cross-sections, estimates and specifications for such improvement are approved by the county commissioners or township trustees, determine by reso- lution the additional’ width to which it desires such road, or part thereof, to be improved, and shall cause copies of such resolution to be filed with the county commissioners or town- ship trustees and with the state highway commissioner. The state highway commissioner shall thereupon cause to be pre- Ne DEPARTMENT oF HiGHWAYs AND Pustic Works pared the necessary surveys, plans, profiles, cross-sections, esti- mates and specifications for improving such road, or part thereof, to said additional width, The estimates shall set forth the probable cost and expense of so much of said improvement as is made necessary by the proposed increase of width thereof. Copies of such surveys, plans, profiles, cross-sections, estimates and specifications shall be filed with the village council and upon the approval of the same by such council the improve- ment shall be constructed to such additional width. . The vil- lage shall first pay to the county or township treasurer, how- ever, the estimated cost of improwing the road to such addi- tional width out of any funds available therefor. The council of said municipality may assess against abutting property own- ers all or any part of the cost and expense of improving said road to said additional width, which assessments shall be made in any one of the methods provided for in the case of street improvements wholly within a municipality and under the ex- clusive control of the council. For the purpose of providing by taxation a fund for the payment of all or any part of the cost and expense of improving said road to such additional width, said village is authorized to levy taxes upon all the tax- able property of such village under the same conditions and restrictions imposed by law in the case of taxes levied for the purpose of providing funds for the:payment of the village’s share of the cost of street improvements under the exclusive jurisdiction and control of the council of a village. In antici- pation of the collection of assessments to be made against abut- ting property as hereinbefore provided and in anticipation of the collection of taxes levied for the purpose of providing for the payment by general taxation of all or any part of the cost and expense of improving said street to such additional width, said village is authorized to sell its bonds under the same condi- tions and restrictions imposed by law in the sale of bonds for street improvements under the exclusive jurisdiction and con- trol of the council of a village. After the completion of the work and payment of the cost and expense thereof, any balance ie pel Se aes | at - facta SP Oe Pee eget) inde ‘. 7s 4 DEPARTMENT OF HIGHWAYS AND Pusiic WorkKS 27 of the funds contributed by said village shall be returned to it to be disposed of according to law. (107 v. 124.) Sec. 1194. [Amount which may be expended by local authorities; conditions.] The county commissioners or township trustees may expend any amount available by law for the construction, improvement, maintenance or repair of inter-county highways or main market roads within the county, providing the county commissioners or township trustees by resolution agree to pay the cost and expense of said improve- ment over and above the amount received from the state, and the amount assessed against abutting property owners, and the amount so contributed by the county or township shall be ex- pended in the same manner as state aid money. (106 v. 629.) Where county commissioners make application to the state for aid in improving a highway, and additional right of way is required for the carrying out of the improvement project, the cost of, such additional right of way must be borne! by the county alone, and is not to be treated as an item of cost and expense either for the purpose of cal- culating distribution of cost as between state and county or for the purpose of calculating distribution of cost as between county, town- ship and property owners. Attorney General, Opinion No. 2376, August 26, 1921. Sec. 1195. [Approval of application.] If, upon the re- ceipt of an application for state aid, the highway commis- sioner approves of the construction, improvement, main- tenance or repair of such inter-county or main market roads or any part thereof, the state highway commissioner shall certify his approval of the application, or any part thereof to the county commissioners or the township trustees. Any application or part thereof not so approved shall remain on file, and be available for future approval until. withdrawn with the consent of the state highway commissioner or dis- approved by him. Any application or part thereof not ap- proved or withdrawn may be considered in the apportion- ment of state aid money to any county for. any succeeding year, and any inter-county or main market highway or part thereof described therein may be constructed, improved or 28 DEPARTMENT oF HIGHWAYS AND PusBLic WorKS repaired at any future time under the provisions of this chapter. (106 v. 629.) Sec. 1195-1. [When two or more applications made, how determined.] Where applications for state aid in the construction, improvement, maintenance or repair of two or more inter-county highways or main market roads or parts thereof within the same county are received by the state highway commissioner, he shall, in determining which ap- plication shall be first granted and which inter-county high- way or main market road or part thereof shall be first con- structed or improved, look to and consider the relative im- portance of such inter-county highways or main market roads, the facilities which such road when completed will furnish for through traffic, the location and direction of improvements already constructed, under construction, or projected in ad- joining counties, and all other similar factors, and he shall approve such applications in such order and shall proceed with the construction and improvement of such inter-county highways and main market roads in such order as will the most speedily secure the completion throughout the state of a connected system of improved highways. If, in the judg- ment of the state highway commissioner, the county commis- sioners have applied for state aid in the construction, improve- ment, maintenance or repair of an inter-county highway or main market road or part thereof of minor importance as compared with other unimproved highways of the same clas- sification within their county, and if, upon request from the state highway commissioner, such county commissioners neglect to make application for state aid in the construction, improvement, maintenance or repair of the most worthy and important unimproved inter-county highways and main mar- ‘ket roads within their county, the state highway commissioner shall thereupon be authorized to reject all applications for state aid made by such board of county commissioners: and forthwith proceed to co-operate with any board of township trustees within said county making application for state aid Be ETO ES ee ee oe at RN ee el ee . a DEPARTMENT OF HiGHWAysS AND Public Works 29 in the construction, improvement, maintenance or repair of the inter-county hizhway or main market road or portion thereof in such county, which in the judgment of the state highway commissioner should be first constructed or improved. In default of such application for state aid from any board of township trustees within such county, the state highway commissioner shall be authorized to proceed without the co- operation of the county commissioners or township trustees to construct or improve that inter-county highway or main market road within such county, which in his judgment is the most important and should be first improved, and the con- stru°tion or improvement of which will contribute in the largest measure toward the speedy completion of a connected system of state highways throughout the state. (108 v. Pt. I, 484.) Sec. 1196. [Map, plans and specifications prepared.] If the state highway commissioner approves the application or part thereof, he shall, if necessary, cause a map of the high- way in outline and profile to be made and indicate thereon any change of existing lines, if he deems it of advantage to make such change. He shall cause to be made plans, specifi- cations, profiles, and estimates for. said improvement. (106 v. 629:) Sec. 1196-1. [Preservation of cornerstones and land- marks.] It shall be the duty of the state highway de- partment, board of county commissioners or board of town- ship trustees in the making of plans for any road improve- ment, to cause such plans to be so prepared as to provide for the preservation of all cornerstones and land-marks, set within the limits of the highway to be improved. All such cornerstones and landmarks shall be preserved or reset in their exact locations, and where located within the improved surface of the highway, the plans for the improvement shall be so drawn as to furnish adequate protection to such cor nerstones and landmarks and also to furnish by suitable devices or otherwise full opportunity for consulting or re- 30 DEPARTMENT? OF HIGHWAYS AND Pusitic WorkKS ferring to the same at any time without destruction to or injury.of the surface of the road improvement. (108 v. Pt. I, 505.) Sec. 1197. [Bridges and culverts; plans and specifica- tions; apportionment of costs.] The state highway com- missioner shall cause plans, specifications and estimates to be made for the construction or improvement of all bridges and culverts upon the section of highway to be improved. The cost of the construction or improvement of such bridge or culvert shall be apportioned equally between the state and county unless the county has by resolution agreed to pay more than one-half of the cost of said improvement. Provided, however, that in all cases where the improvement is made upon the application of the township trustees, then the town- ship shall pay one-half of the cost of said improvement un- less a different apportionment has been agreed upon between the state and township. The- state highway commissioner shall, so far as is possible, standardize the plans and speci- fications for the construction of bridge and culverts, and shall furnish such plans and specifications with estimate of cost of construction to the county commissioners or town- ship trustees upon application for use upon any of the high- ways of the county or township. (106 v;. 629.) Sec. 1198. [Width of improved roadway; improving added width.] The improved portion of such inter- county or main market highway shall not be less than ten nor more than twenty feet in width unless for special reasons the state highway. commissioner requires a greater width. The highway shall be improved to a greater width than twenty feet, if there is filed with the application a petition signed by the owners of twenty-five per cent. or more of the lineal feet of property abutting that portion of the highway to be constructed to said increased width, requesting that the added cost and expense of such improvement be assessed against the owners of property abutting on that portion to be constructed to the increased width. The county commis- PET ht a ee pai DEPARTMENT OF HIGHWAYS AND Pusiic Works 31 sioners or trustees of townships in which the highway is situated may agree to pay the added cost and expenses of constructing or improving said highway to such increased width, or such county commissioners and township trustees may jointly agree to pay the increased eost of said improve- ment or any part thereof, and the abutting property owners may by petition ask for the construction of said improvement to the increased width provided for and request that that portion of the cost thereof not assumed by the county com- missioners or township trustees or either of them be assessed against said abutting property owners. That portion of the cost and expenses of said improvement to be assessed against the abutting property owners shall be assessed by the town- ship trustees in the manner hereinafter provided, and such assessment shall be in addition to any other assessments on account of said improvement as herein provided. If the abutting property owners petition for more expensive im- provement, or more expensive material than that intended to be placed on the highway by the Highway Commissioner, they shall have such power provided they agtee in such pe- tition to pay the added expense thereby occasioned, the added cost to be assessed upon the abutting property as in other cases. (106 v. 630.) Sec. 1199. [Transmittal of maps, plans, estimates, etc., to local authorities.]| Upon the completion of the maps, surveys, profiles, plans, specifications and estimates for the construction or improvement of said highway, bridge or culvert, the state highway commissioner shall cause the same to be transmitted to the county commissioners or township trustees with the certificate of approval of said commissioner endorsed thereon. (106 v. 631.) Sec. 1200. [Resolutions by local authorities.] Upon the receipt of the surveys, maps, plans, profiles, specifications and estimates for the proposed improyement, the county commissioners or township trustees may by resolution adopt the same, and provide that said highway, bridge or culvert 22 DEPARTMENT OF HIGHWAYS AND Pustic WorKS be constructed under the provisions of this chapter. A cer- tified copy of such resolution shall be transmitted to the state highway commissioner. (106 v. 631.) Sec. 1201. [Right of way; condemnation proceeding when necessary; procedure.| If the line of the proposed improvement deviates from the existing highway, or if it is proposed to change the channel of any stream in the vicinity of such improvement, the county commissioners or township trustees making application for such improvement must pro- vide the requisite right of way. If the board of county commissioners or township trustees are unable to agree with the owner or owners of such land or property as may be necessary for such change or alteration, or if additional right of way is required for the same, and the county commis- - sioners or township trustees are unable to agree with the owner or owners of the land or property in question then the board of county commissioners or township trustees, as the case may be, may by resolution declare it necessary to con- demn and appropriate for public use such land or property, and shall proceed to fix what they deem to be the value of such land or property sought to be condemned or appro- priated, together with the damages to the residue, if any, and deposit the value thereof together with such damages with the probate court of the county for the use and benefit of such owner or owners, and thereupon the board of county commissioners or township trustees shall be authorized to take immediate possession of and enter upon said lands for the purpose aforesaid. The probate judge shall forthwith ~ notify such owner or owners of the amount of money de- ‘posited with him on account of the land or property sought to be condemned or appropriated and upon application of such owner or owners he shall turn over to them the amount of moneys so deposited with him on account of the land or property sought to be taken. The probate judge may cause notice of such action to be served upon such owner or owners ‘by the sheriff or any other person that he may direct. Proof ple tor until the permanent highway, bridge or cul- vert is completed and reopened for traffic. For the purpose of locating, constructing and erectin= temporary highways or bridges the state highway commissioner or any persons acting under his authority, may enter upon lands adjoining or near to a highway to be closed and may agree with the owners of such lands as to damages, if any, caused thereby. If the state highway commissioner is unable to agree with such ownevs as to the amount of damaves thus sustained, the amount thereof shall be ascertained determined and paid as in the case of the condemnation of road materials. If the state highway commissioner determines that it is im- practicable to construct either within the limits of the high- way ‘r upon a new location over private lands, a temporary highway, bridge or culvert to be used by travelers in lieu of the -losed highway, bridge or culvert, he shall before the clos- ing to traffic of the highway, bridge or culvert to be con- structed, improved or repaired, select the most practicable, direct detour route over existing highways and cause to be placed and maintained detour signs along such route as DEPARTMENT OF HiGHWAYS AND Pustic WorKS 69 hereinbefore provided. He shall furthermore before the closing to traffic of the highway, bridge or culvert to be con- structed, improved or repaired, place in passable condition for traffic the detour route so selected and marked by him and he shall be required to maintain in.a passable condition for trafic such detour route during the entire time that the high- way, bridge or culvert under < onstruction is closed to traffic. He shall furthermore be required, at the time of the open- ing to trafic of the highway, bridze or culvert so constructed, to restore such detour route to as good condition as it was at the time of its selection by him as a detour route. The expense of preparing, maintaining and restoring such detour route may be paid from the main market road fund of the department in the event the improvement in question is upon a main market road, or from the inter-county highway fund of the department apportioned to the county in which such improvement is located, or from the maintenance and repair fund of the department, as may be determined by the state highway commissioner. (106 v. 642; 107 v. 135; 109 v. 163.) This section relates to detours around work being constructed by the. state highway department. Under the existing law, the state high- way commissioner has ample authority and it is his duty to put up proper barriers and lights at the ends of the improvement and to mark with appropriate signs the detour route. He has no authority, how- ever, to maintain the detour route or put it in good condition for travel. It is very important that the people traveling about should have. at least a passable road over which to-travel in getting around a closed section of highway. This section is therefore amplified to provide that in the future, the state highway commissioner before closing a road for construction shall place the detour route in passable condition for trafic and keep it in that condition until the main road is again opened. Another abuse or serious condition has disclosed itself in that very often heavy through traffic has been deflected over a light road built for only farm traffic during the closing of a-section of road, and the light road badly damaged or even destroyed by the heavy through traffic, which it was never designed to carry. It is a great injustice under such circumstances, to ask the farmers along such a road to re- build the road which they built with their own money for their own use and which was ample for their purposes. The expense of repair- ing such a road should be regarded as a part of the cost of completing 70 DEPARTMENT oF HIGHWAYS AND PupLic WorKS the improvement on the main road and in line with that idea, this section provides that after the main improvement is completed, the state — highway commissioner shall put the detour route in good condition, remedying any damage done to it by the heayy through traffic detoured — over it. The section is also amended to remove a provision fixing an arbitrary limit of one mile on the length of road which can be closed — and placing this matter where it belongs in the discretion of the state highway commissioner. It is important that this change be made as large outfits building a road find it impossible to stay within the one mile limit and again on small jobs, one mile is entirely too much to close at one time. This amendment places the matter in the hands of ; the commissioner where it should be placed. Sec. 1226. [“Highway” and “state highway” defined.] The word “highway” as used in this chapter, includes an existing causeway or bridge, or a new causeway or bridge, or a drain or water course which forms a part of a road au- thorized by law. The term “state highway” as used in this chapter, shall be held to mean such part or parts of the inter-county highways and main market roads which have been or may hereafter be constructed by the state, by the aid of state money or have been taken over by the state. (106 v. 643.) Sec. 1227. [Change or repair of highway wherein franchise has been granted.] If a franchise is or has been granted on an inter-county highway or main market road, no construction thereon or obstruction thereof shall be permitted, nor any alteration or change made therein, until the location and grade of such construction has been estab- lished by the chief highway engineer. Such location and grade shall be established within thirty days after he is noti- fied to do so by the state highway commissioner. (106 v. 643.) Sec. 1228. [Apportionment of funds from federal gov- ernment.] If funds from the federal government for improvements or maintenance of highways shall become avail- able, such funds shall be apportioned by the state highway commissioner, to the counties, in proportion to the mileage of improved public highways therein, unless a different method | DEPARTMENT OF H1GHWAYS AND Pusiic Works 71 of apportionment shall be designated by the federal govern- ment. The state highway commissioner is authorized to enter into any agreement with the federal government that he deems proper, in order to secure any funds available for road purposes. (106 v. 643.) Sec. 1229, [Annual report to governor; contents.] Each year not later than January first, the state highway commis- sioner shall make a report to the governor of the operation of the highway department. The report shall contain a state- ment of the number of miles, cost and character of roads or highways built under his direction; a detailed itemized state- ment of the expense of the commissioner and of the depart- ment, and such other information relative to the condition of the public roads of the state as the commissioner may deem proper. Not less than one thousand copies of this report shall be published by the state, five hundred of which shall be dis- tributed by the secretary of state and the remainder under the direction of the state highway commissioner. The state au- ditor shall prescribe methods of accounting for the highway department, and the same when prescribed shall be followed in all respects. (106 v. 648.) Sec. 1230. [State highway fund; tax levy.] There shall be levied annually a tax of five-tenths of one mill on all the taxable property within the state to be collected as are other taxes due the state, and the proceeds of which shall consti- tute the state highway improvement funds. (106 v. 644; 108 WaEt 1, 497.) Sec. 1230-1. [Main market roads.] The construction, improvement, maintenance and repair of the main market roads established by law, may be begun at any point, and shall be constructed in accordance with the plans, details and specifications adopted by the chief engineer, with the ap- proval of the state highway commissioner. In the construc- tion, improvement, maintenance or repair of such main market roads there shall be no necessity for petitions being filed as in other improvements. (106 v. 644; 107 v. 186.) 72 DEPARTMENT oF HIGHWAYS AND Pusric Works Sec. 1230-2. [Hearing upon application for main mar- ket road.] Any county making application to the state highway commissioner for the construction of a main market road within such county, may request the state highway com- missioner to have a public hearing upon, said application. Upon receipt of such request the state highway commissioner shall fix a date for such hearing and shall notify the county commissioners of the county making such application at least ten days in advance of the date of such hearing and the state highway commissioner shall give such further notice of such hearing as he deems advisable. (106 v. 644.) Sec. 1231. [Purchase of equipment and material and employment of labor; sale of machinery, tools, etc.] The state highway commissioner, subject to the provisions of law governing the state highway department shall have power to purchase such equipment and materials, and employ such labor as may be deemed necessary, to execute any work upon said main market roads, or he may let contracts for the execution of any work upon said roads; and all such power shall ex- tend to cases wherein county, township and villages, or any of them, cooperate, as herein authorized, as well as to cases wherein such local sub-divisions do not cooperate. The state highway commissioner shall be authorized to cooperate with a county, township or village in the improvement of any main market road, or in the doing of any part of the work incident to such improvement, upon any basis of the division of the cost of such work between the state and such county, town- ship or village which he may deem just. He shall be author- ized to do the grading at the expense of the state and co- operate with such county, township or village in constructing the pavement; or he may cooperate with such county, town- ship or village in doing the grading, and construct the pave- ment at the expense of the state. He shall be authorized gen- erally to do any part of the work at the expense of the state and cooperate in doing any other part of the work upon any basis of division of cost between the state and the county, township DEPARTMENT oF HIGHWAYS AND PusBLic WorKS 73 or village which he may deem just. Counties, townships and villages shall be authorized to cooperate with the state high- way commissioner in the doing of any work upon such main market roads upon any basis of the division of the cost thereof between the state and the county, township or village approved by the state highway commissioner, and the procedure shall be the same except as may be otherwise provided herein, as in the case of cooperation in constructing an intercounty highway. The state highway commissioner is hereby authorized to sell, either at private sale, or at public sale after such notice as he may deem proper, any machinery, tools or equipment that through wear have become unfit for use. The proceeds of such sale shall be paid into the state treasury to the credit of the state highway improvement fund. The state highway commissioner is also authorized to exchange such machinery, tools and equipment for new equipment and pay the balance of the cost of such new equipment from any funds available for that purpose. When contracts are let for the construction of main market roads, the provisions of sections 1178 to 1231- 11, General Code, relating to the letting of contracts for inter- county highways, shall apply in all respects to letting of con- tracts for such main market roads. County commissioners, township trustees and village councils in addition to the spe- cial powers herein conferred shall have the same power and authority to cooperate in the construction, improvement, main- tenance and repair of main market roads as is granted to them by law in the construction, improvement, maintenance and re- pair of intercounty highways; and in case the commissioners of any county, the trustees of any township, and the council of any village, or any such authorities, determine to cooperate in the construction, improvement, maintenance or repair of any main market road, the procedure, except as herein other- wise authorized, shall be the same as in the case of cooperation by such authorities, in the construction, improvement, mainte- nance and repair of intercounty highways, as provided in sec- tions 1178 to 1231-11, General Code. The funds appropriated 74 DEPARTMENT OF HIGHWAYS AND PusLic Works or available for main market roads shall be used in carrying out the provisions of this section. (106 v. 644; 107 y. 137; 109 v. 299.) 1. Under section 1281 G. C, (107 O, L. 187), the state highway com- missioner may construct and improve main market roads by force ac- count, that is, by purchase of necessary equipment and materia] and employment of necessary labor. In the event of so proceeding, the state highway commissioner may not avail himself of the aid of counties, townships or villages. (Opinion of August 16, 1917, Op. Atty. Gen., 1917, vol. II, p. 1547, followed.) 2. Said section 1231 G. C, does not authorize “cost plus” contracts. 3. If as authorized by section 1231 G. C. the state highway com- missioner constructs and improves a section of main market roads by force account, he must by virtue of and in accordance with section 1191 G. vu. (107 O. L. 121), assess ten per cent of the cost of such con- struction and improvement against abutting real estate. 4. The construction and improvement work on a given section of main market road may not be so divided as that part thereof may be executed by the state highway commissioner without the co-operation of the county, township or village, and the remainder with such co- operation. Opinions of Attorney General, 1920, v. I, p. 305. Sec. 1231-1. [Apportionment and disbursement of high- way improvement fund.] The auditor of state shall ap- portion said highway improvement. fund as herein provided, and: shall keep an account thereof, and the same shall only be disbursed by the treasurer of state, upon the warrant of the auditor of state issued upon requisition of the state highway commissioner from funds available to carry out the provisions of this chapter. (106 v. 645.) Sec. 1231-2. [Annual state road levy.] The annual levy of five-tenths of one mill provided for by this act shall be in _ addition to all other levies made for any purpose or purposes, and the same shall not be construed as limited, restricted or decreased in amount or otherwise by any existing law or laws. (106 v. 645; 108 v. Pt. I, 497.) Sec. 1231-3. [Extension of improvement through vil- lage; procedure.] The state highway commissioner may =] DEPARTMENT OF HIGHWAYS AND PusBLic Works extend a proposed road improvement into or through a vil- lage when the consent of the council of said village has been first obtained, and such consent shall be evidenced by the proper legislation of the council of said village duly entered upon its records, and said council may assume and pay such proportion of the cost and expense of that part of the pro- posed improvement within said village as may be agreed upon between said state highway commissioner and said council. The state highway commissioner may also enter into an agreement with the council of said village to improve any part of the road within said village to a greater width than is contemplated by the proceedings for said improvement, and the state highway commissioner and the council of said village shall be governed as to all matters in connection with said improvement within said village by the statutes relating to road improvements through municipalities, by boards of county commissioners. (106 v. 645.) Sec. 1231-4. [Proportion of improvement to be main- tained or paid by franchise owner.| Wherever one or more tracks, of an individual, firm or corporation, used for the purpose of transporting freight, express or passengers, are or may be located, in whole or in part, within the road- bed of an improved inter-county highway or main market roads, or one which it is proposed to be improved it shall be the duty of said individual, firm or corporation to im- prove, maintain and repair that portion of the highway lying between the ends of the ties and also that portion lying be- tween tracks in case of two or more tracks, and the cost and expense of this improvement, maintenance and repair shall be borne by the said individual, firm or corporation. Such im- provement, maintenance or repair shall be made whenever in the opinion of the highway commissioner, the public needs require, and shall be made in accordance with plans and speci- - fications approved by him. The township trustees shall certify the assessment to the county auditor, who shall place it upon the tax duplicate 76 DEPARTMENT OF HIGHWAYS AND PusLic WorKS against the property of such individual, firm or corporation. The county treasurer shall collect such assessments in the manner as other taxes are collected, and in such payments as may be approved by the county auditor. (103 vy. 461.) Sec. 1231-5. [Highway advisory board abolished.] Within ten days after the taking effect of this act the high- way advisory board shall transfer all its records, books and papers to the office of the state highway commissioner, which act shall terminate the lezal existence of said highway ad- visory board. (107 v. 137; 109 vy. 15). Sec. 1231-6. Repealed and reenacted, set p 503. Sec. 1231-7. Repealed and reenacted, see p. 504. Sec. 1231-8. Repealed. Sec. 1231-9. Repealed. : fr Sec. 1231-10. Repealed. i Sec. 1231-11. Repealed. , “ > 5 : ; CHAPTER II MAIN MARKET ROADS Sec. 6859-3. [Routes.] Twenty-five per cent of all moneys paid into the treasury of the state by reason of said levy shall be used for the construction, improvement, main- tenance and repair of certain main market roads in said state, and the same shall be located along and upon the route or portions of said inter-county highways designated as follows,, to-wit: Route No. I, to be known as the Lake Shore Route, com- mencing at a point on the dividing line between Ohio and Pennsylvania in Ashtabula County, northeast of the city of Conneaut; thence in a westerly direction passing through the municipalities of Ashtabula, Geneva, Painesville, Wil- loughby, Euclid, Cleveland, Lakewood, Rockport, Elyria, Oberlin, Norwalk, Monroeville, Bellevue, Clyde, Fremont, Elmore, Toledo, Swanton, Delta, Wauseon, Archibald, Stry- ker, Bryan. Edgerton to a point on the dividing line between Ohio and Indiana, west of Edgerton. Route No. II, to be known as the Youngstown and Cleve- land Route, commencing at a point on the dividing line be- tween Ohio and Pennsylvania in Mahoning County, south- east of Youngstown and running thence in a northwesterly direction through the municipalities of Lowellville, Struthers, Youngstown, Girard, Niles, Warren; Ravenna, Kent and in- tersecting Route Number Nine (9) between Akron and Hudson. Route No. III, to be known as the North Central Route, beginning at Bridgeport and passing through the munici- palities of Martins Ferry, Steubenville, Toronto, Wellsville, East Liverpool, Lisbon, Canton, Massillon, Wooster, Ash- (77) 78 MAtn Market Roaps land, Mansfield, Galion, Marion, Kenton, Lima, Delphos, Van Wert, to a point on the dividing line between Ohio and Indiana at or near the southeast corner of Paulding County. Route No. IV, to be known as the National Road, com- mencing at Bridgeport, thence in a westerly direction pass- ing through the municipalities of St. Clairsville, Cambridge, Zanesville, Columbus, West Jefferson, London, Springfield, Dayton, West Alexandria, Eaton, to a point on the dividing line between Ohio and Indiana. Route No. V, to be known as the South Central Route, commencing at Marietta and running thence in a westerly direction through the municipalities of Belpre, Athens, Mc- Arthur, Chillicothe, Hillsboro, Lynchburg, Milford, Cincin- nati, Addyston, to a point on the dividing line between Ohio and Indiana; also from Chillicothe through Washington C. H., Jamestown and Xenia to the city of Dayton. Route No. VI, (a) to be known as the Southern Route, commencing at Coolville on Route Number 5 and running thence in a westerly direction passing through the munici- palities of Pomeroy, Middleport, Gallipolis, New Boston, Portsmouth, West Union, Georgetown, Bethel, to the city of Cincinnati; (b) also from Toledo through Maumee, Na- poleon and Ottawa to Lima. Route No. VII, to be known as the Western Route, com- mencing at Toledo, thence in a southerly direction passing through the municipalities of Perrysburg, Bowling Green, Findlay, Bluffton, Lima, Wapakoneta, Sidney, Piqua, Troy, Dayton, West Carrollton, Miamisburg, Franklin, Middletown, Hamilton, Cincinnati. Route No. VIII, to be known as the Central Route, com- mencing at Sandusky in a southerly direction, passing through the municipalities of Fremont, Tiffin, Upper San- dusky, Marion, Prospect, Radnor, Delaware, Columbus, Cir- cleville, Chillicothe, Waverly, to the city of Portsmouth; and from Sandusky to Bucyrus to Marion. From Fremont Ah rf (weet f phon gk Dt ie fie oe te pre.) aera Ager bid Pe eee ee Ae ety Bal a Ne a wb he! ; _*. BP at tole ve Marin Market Roaps 79 running in a northeasterly direction to the municipality of Port Clinton. Route No. IX, to be known as the Eastern Route, com- mencing at Cleveland, thence in a southerly direction pass- ing through the municipalities of Bedford, Hudson, Akron, Canton, Mineral City, Canal Dover, Néw Comerstown, West Lafayette, Coshocton, Dresden, Zanesville, Somerset, New Lexington, Corning, Glouster, Jacksonville, Athens and to the intersection of Route No. 6. Route No. X, to be known as the Cleveland and Cincin- nati Route commencing at Cleveland, thence in a_ south- westerly direction passing through Medina, Creston, Wooster, Loudonville, Mt. Vernon, Westerville, Columbus, Mt. Ster- ling, Washington C. H., Sabina, Wilmington, Clarksville,. ’ Morrow, Foster, Pleasant Ridge, to the city of Cincinnati. Route No XI, to be known as the Midland Route, com- mencing at Zanesville, Muskingum County, Ohio; thence in a northwesterly direction to Newark, Licking County; thence to Delaware, Delaware. County; thence in a south- westerly direction to Marysville, Union County; thence in a northwesterly direction to Bellefontaine, Logan County; thence continuing in a northwesterly direction through the village of Lakeview to Wapakoneta, Auglaize County; thence in a westerly direction through the city of St. Marys to Celina, Mercer County, and from thence in a westerly direction to the Indiana state line. Route No. XII, to be known as the Columbus and Ironton Route, commencing at Columbus, thence in a southeasterly direction passing through Lancaster, Logan, McArthur, Ham- den, Wellston, Vinton Village, Thurman, Wales, Patriot, Waterloo to Ironton. (103 y. 155.) NOTE.— This section has not been repealed but the routes enumerated herein have been changed and re-numbered by the State Highway Commissioner and a complete system designated under authority of Section 1189 of the General Code. The section is there- fore obsolete. 80 Main Marker Roaps Sec. 6859-3a. [“Scioto Trail.’] That part of Route No. VIII of the main market roads of Ohio commencing at San- dusky and extending, by way of Attica, Bucyrus, Marion, Prospect and Delaware to Columbus, and thence on the line of the former Columbus and Portsmouth turnpike by way of Circleville, Chillicothe, Waverly and Piketon, to Portsmouth shall be known and designated as “The Scioto Trail.” (108 v, Pt. I, 426.) MAIN MARKET ROADS * As Revised December 23, 1919, By the State Highway Commissioner in Accordance With Section 1189 General Code MAIN MARKET. ROAD I— SCIOTO TRAIL SANDUSKY to PorTsMoUTH via Bucyrus, Marion, Delaware, Circleville, Chillicothe and Waverly ; Passes thru the counties of Erie, Huron, Seneca, Craw- ford, Marion, Delaware, Franklin, Pickaway, Ross, Pike and Scioto. Length 173.4 miles. MAIN MARKET ROAD II INDIANA LINE TO Liseon via Van Wert, Lima, Kenton, Marion, Mansfield, Ashland, Wooster and Canton Passes. thru the counties of Paulding, Van Wert, .Allen, Hardin, Marion, Morrow, Crawford, Richland, Ashland, Wayne, Stark and Columbiana. Length 198.6 miles. *In re-arranging and re-numbering the routes constituting the system of main market roads and in designating additional routes, it has been the intention of the State Highway Commissioner to give €ven numbers to east and west roads and odd numbers to north and south roads as far as this is possible. yy el aL i j ia N * oe Pea ; ey = VAG PE er PN a ee Le Se Pe een eee a ey BN rt Toe Bre TS sae es a ere ae 4 “7 P a Cie garg ‘Seite SIRT aah, : % : 3 q Marn Marker Roaps 81 MAIN MARKET ROAD III— WOOSTER PIKE CINCINNATI TO CLEVELAND via Wilmington, Washington C. H., Columbus, Mt. Vernon, Wooster and Medina Passes thru the counties of Hamilton, Warren, Clinton, Fayette, Madison, Pickaway, Franklin, Delaware, Knox; Ash- land, Holmes, Wayne, Medina and Cuyahoga. Length 206.9 miles. MAIN MARKET ROAD IV—NATIONAL PIKE InpIANA LINE TO BRIDGEPORT / via Eaton, Dayton, Springfield, London, Columbus, Zanesville, Cambridge and St. Clairsville Passes thru the counties of Preble, Montgomery, Greene, Clark, Madison, Franklin, Licking, Muskingum, Guernsey and Belmont. Length 189.8 miles. MAIN MARKET ROAD V Marion to Port CLINTON via Upper Sandusky, Tiffin and Fremont Passes thru the counties of Marion, Wyandot, Seneca, Sandusky and Ottawa. Length 65.1 miles, 82 Main Market Roaps MAIN MARKET ROAD VI— McPHERSON HIGHWAY INDIANA LINE TO PENNSYLVANIA LINE inf | Abe a via . aM Bryan, Wauseon, Toledo, Fremont, Norwalk, Elyria, Cleveland, Painesville, Ashtabula and Conneaut. Passes thru the counties of Williams, Fulton, Lucas, Wood, Ottawa, Sandusky, Huron, Lorain, Cuyahoga, Lake and Ash- tabula. Te ee ene Length 185.2 miles. MAIN MARKET ROAD VII— DIXIE HIGHWAY CINCINNATI TO TOLEDO via Hamilton, Dayton, Piqua, Sidney, Wapakoneta, Lima, Findlay and Bowling Green Passes thru the counties of Hamilton, Butler, Warren, Montgomery, Miami, Shelby, Auglaize, Allen, Hancock, Wood and Lucas. Length 159.2 miles. MAIN MARKET ROAD VIII DayToNn To ZANESVILLE via Xenia, Washington C. H., Circleville, Lancaster and Somerset Passes thru the counties of Montgomery, Greene, Fayette, Pickaway, Fairfield, Perry and Muskingum. Length 111.1 miles. Marin Marker Roaps 83 MAIN MARKET ROAD IX HAMILTON TO GREENVILLE via _ Eaton, and Van Wert to Toledo, via Paulding and Napoleon Passes thru the counties of Butler, Preble, Darke, Van Wert, Paulding, Defiance, Henry, Wood and Lucas. Length 120.5 miles. MAIN MARKET ROAD X CINCINNATI TO JACKSON via Hillsboro and Chillicothe Passes thru the counties of Hamilton, Clermont, Brown, Highland, Ross and Jackson. Length 101.6 miles. MAIN MARKET ROAD XI CLEVELAND TO MARIETTA via Akron, Canton, Canal Dover, Cambridge and Caldwell Passes thru the counties of Cuyahoga, Summit, Stark, Tus- carawas, Guernsey, Noble and Washington Length 145.7 miles. MAIN MARKET ROAD XII CINCINNATI To PortsMouTH via Georgetown and West Union Passes ‘thru the counties of Hamilton, Clermont, Brown, Adams and Scioto Length 91.8 miles. bai Bl re SA aD cS ete en geeati aes oh. 84 Marin Marker Roaps MAIN MARKET ROAD XIII AKRON TO MARIETTA via Wooster, Millersburg, Coshocton, Zanesville and McConnellsville Passes thru the counties of Summit, Wayne, Holmes, Co- shocton, Muskingum, Morgan and Washington Length 122.0 miles. Note: At present this route is not continuous, there being a gap between Coshocton and Millersburg. This gap will be closed later when the I. C. H. system is revised between these points. MAIN MARKET ROAD XIV MaArysvVILLE TO INDIANA LINE . via Bellefontaine, Wapakoneta and Celina Passes thru the counties of Union, Logan, Auglaize. and M rss) Length 80:8 miles. 4 a « 4 MAIN. MARKET ROAD XV CANTON TO STEUBENVILLE via . Carrollton Passes thru the counties of Stark, Carroll and Jefferson Length 53.0 miles. MAIN MARKET ROAD XVI GREENVILLE TO NATIONAL RoAp via Piqua and Urbana Passes thru the counties of Darke, Miami, Champaign and pacised Length 63.9 miles. Martn Market Roaps 85 MAIN MARKET ROAD XVII CApIZ TO BRIDGEPORT Passes thru the counties of Harrison, Jefferson and Belmont. Length 19.1 miles, MAIN MARKET ROAD XVIII CLEVELAND To SANDUSKY via Lorain Passes thru the counties of Cuyahoga, Lorain and Erie Length 26.1 miles. MAIN MARKET ROAD XIX FINDLAY TO PoMEROY via Kenton, Marysville, Columbus, Lancaster, Logan and Athens, Passes thru the counties of Hancock, Hardin, Union, Franklin, Fairfield, Hocking, Athens:and Meigs Length 165.8 miles. MAIN MARKET ROAD XX GrorGetown To I. C. H. 121 via Ripley and Manchester Passes thru the counties of Brown and Adams Length 31.2 miles. 86 Matn Market Roaps MAIN MARKET ROAD XXI Mr. VERNON TO CHAUNCEY Via Newark and New Lexington Passes thru the counties of Knox, Licking, Perry and Athens. Length 72.1 miles. MAIN MARKET ROAD XXII PoRTSMOUTH TO PROCTORVILLE via Ironton Passes thru the counties of Scioto and Lawrence Length 36.5 miles. MAIN MARKET ROAD XXIII GALLIPOLIS TO NATIONAL Roap via Pomeroy, Marietta and Barnesville Passes thru the counties of Gallia, Meigs, Athens, Wash- ington, Monroe and Belmont Length 126.7 miles. MAIN MARKET ROAD XXIV ATHENS TO COOLVILLE Passes thru the county of Athens Length 27.3 miles. Matin Market Roaps 87 MAIN MARKET ROAD XXV LocAN TO GALLIPOLIS via McArthur and Jackson _ Passes thru the counties of Hocking, “Vinton, Jackson and Gallia ' Length 73.1 miles. MAIN MARKET ROAD XXVI CANTON To East PALESTINE via Salem Passes thru the counties of Stark, Mahoning and Colum- biana Length 41.3 miles. MAIN MARKET ROAD XXVII CLEVELAND To Martins Ferry via Warren, Youngstown, Lisbon, East Liverpool and Steubenville Passes thru the counties of Cuyahoga, Geauga, Portage, Trumbull, Mahoning, Columbiana, Jefferson and Belmont Length 104.5 miles. MAIN MARKET ROAD XXVIII AKRON TO WARREN via Ravenna Passes thru the counties of Summit, Portage and Trumbull Length 28.5 miles. 88 Martn Market Roaps MAIN MARKET ROAD XXIX DELAWARE TO MANSFIELD 4 via Fy Mt. Gilead a Passes thru the counties of Delaware, Morrow and Rich- land Re: Length 38.4 miles. — 2 MAIN MARKET ROAD XXX 3 CoSHOCTON TO STEUBENVILLE 4 via Newcomerstown and Cadiz Passes thru the counties of Coshocton, Tuscarawas, Har- rison and Jefferson Length 81.8 miles. ‘ite dhs die ee, Se MAIN MARKET ROAD XXXI_> Lima to NAPOLEON via Ottawa Passes thru the counties of Allen, Putnam and Henry. Length 42.4 miles. Total number of miles 2,988 .4, Ri CHAPTER III FEDERAL AID ROAD ACT OF 1916 AN ACT To provide that the United States shall aid the States in the construction of rural post roads, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture is authorized to co-operate: with the States, through their respective State highway departments, in the construction of rural post roads; but no money apportioned under this Act to any State shall be expended therein until its legislature shall have assented to the provisions of this Act, except that, until the final adjournment of the first regular session of the legislature held after the passage of this Act, the assent of the gov- ernor of the State shall be sufficient. The Secretary of Agriculture and the State highway department of each State shall agree upon the roads to be constructed therein and the character and method of construction: Provided, That all roads constructed under the provisions of this Act shall be: free from tolls of all kinds, : Sec. 2. That for the purpose of this Act the term “rural post road” shall be construed to mean any public road over which the United States mails now are or may here- after be transported, excluding every street and road in a place having a pcpulation, as shown by the latest available Federal census, of two thousand five hundred or more, ex- cept that portion of any such street or road along which the houses average more than two hundred feet’ apart: the term “State highway department” shall be construed’ to include any department of another name, or commission,. (89) 90 FEDERAL Arp Roap Acts or official o1 officials, of a State empowered, under its laws, to exercise the functions ordinarily exercised by a State high- way department; the term “construction” shall be construed to include reconstruction and improvement of roads; “prop- erly maintained” as used herein shall be construed to mean the making of needed repairs and the preservation of a reasonably smooth surface considering the type of the road; but shall not be held to include extraordinary repairs, nor reconstruction ; necessary bridges and culverts shall be deemed ~ parts of the respective roads covered by the provisions of this Act. Sec. 3, That for the purpose of carrying out the provisions — of this Act there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June thirtieth, nineteen hundred and seventeen, the sum of $5,000,000; for the fiscal year ending June — thirtieth, nineteen hundred and eighteen, the sum of $10,000,- 000; for the fiscal year ending June thirtieth, nineteen ~ hinidred and nineteen, the sum of $15,000,000; for the fiscal” year ending June thirtieth, nineteen hundred and twenty, the sum of $20,000,000; and for the fiscal year ending June thirtieth, nineteen hundred and twenty-one, the sum of $25,-— 000,000. So much of the appropriation apportioned to any ~ State for any fiscal. year as remains unexpended at the close thereof shall be available for expenditure in that State until the close of the succeeding fiscal year, except that amounts apportioned for any fiscal year to any State which has not a state highway department shall be available for expenditure in that State until the close of the third fiscal year succeeding the close of the fiscal year for which such | apportionment was made. Any amount apportioned under | the provisions of this Act unexpended at the end of the period during which it is available for expenditure under the terms of this section shall be reapportioned, within sixty days thereafter, to all. the States in the same manner and on the same basis, and certified to the Secretary of the 2 4 FeperRAL Aip Roap Acts 91 Treasury and to the State highway departments and to the governors of States having no State highway departments in the same way as if it were being apportioned under this Act for the first ‘time: Provided, That in States where the constitution prohibits the State from engaging in any work of internal improvements, then the amount of the appro- priation under this Act apportioned to any such State shall be turned over to the highway department of the State or to the governor of said State to be expended under the pro- visions of this Act and under the rules and regulations of the Department of Agriculture, when any number of counties in any such State shall appropriate or provide the proportion or share needed to be raised in order to entitle such State to its part of the appropriation apportioned under this Act. Sec. 4. That so much, not to exceed three per centum, of the appropriation for any fiscal year made by or under this Act as the Secretary of Agriculture may estimate to be necessary for administering the provisions of this Act shall be deducted for that purpose, available until expended. Within sixty days after the close of each fiscal year the Sec- _ retary of Agriculture shall determine what part, if any, of the sums theretofore deducted for administering the provisions of this Act will not be needed for that purpose and apportion such part, if any, for the fiscal year then current in the same manner and on the same basis, and certify it to the Secretary of the Treasury and to the State highway departments, and to the governors of States having no State highway depart- ments in the same way as other amounts authorized by this Act, to be apportioned among all the States for such current fiscal year. The Secretary of Agriculture after making the deduction authorized by this section shall apportion the re- mainder of the appropriation for each fiscal year among the several States in the following manner: One-third in the ratio which the area of each State bears to the total area of all the States; one-third in the ratio which the population of each State bears to the total population of a Aa wy aN ithe ee : vy AG Wwe ie “92 FepErRAL Arp Roap Acts all the States, as\ shown by the latest available Federal Census; one-third in the ratio which the mileage of rural delivery routes and star routes in each State bears to the total mileage of rural delivery routes and star routes in all the States, at the close of the next preceding fiscal year, as shown by the certificate of the Postmaster General, which he is directed to make and furnish annually to the Secretary of Agriculture. ~ Sec. 5. That within sixty days after the approval of this Act the Secretary of Agriculture shall certify to the Secre- tary of the Treasury and to each State highway department | and to the governor of each State having no State highway — department the sum which he has estimated to be deducted — for administering the provisions of this Act and the sum which he has apportioned to each State for’ the fiscal year ending June thirtieth, nineteen hundred and seventeen, and ~ on or before January twentieth next preceding the commence- | ment of each succeeding fiscal year shall make like certificates” for such fiscal year. ~ Sec. 6. That any State desiring to avail itself of the ben- efits of this Act shall, by its State highway department, sub- — mit to the Secretary of Agriculture project statements setting forth proposed construction of any rural post road or roads_ therein. If the Secretary of Agriculture approve a project, the State highway department shall furnish to him’ such sur- veys, plans, specifications, and estimates therefor as he may require: Provided, however, That the Secretary of Agricul- ture shall approve only such projects as may be substantial — in character and the expenditure of funds hereby authorized ~ shall be applied only to such improvements. Items included for engineering, inspection, and unforseen contingencies shall not exceed ten per centum of the total estimated cost of the — work. If the Secretary of Agriculture approve the plans, — specifications, and estimates, he shall notify the State highway department and immediately certify the fact to the Secretary of the Treasury. The Secretary of the 1reasury shall there- — FepErAL Arp Roap Acts 93. upon set aside the share of the United States payable under this Act on account of such project, which shall not exceed hfty per centum of the total estimated cost thereof. No pay- ment of any money apportioned under this Act shall be made. on any project until such statement of the project, and the plans, specifications and estimates therefor, shall have been submitted to and approved by the Secretary of Agriculture. When the Secretary of Agriculture shall -find that any project so approved by him has been constructed in com- pliance with said plans and specifications he shall cause to be paid to the proper authority of said State, the amount set aside for said project: Provided, That the Secretary of Agri- culture may, in his discretion, from time to time make pay- ments on said construction as the same progresses, but these payments including previous payments, if any, shall not be more than the United States pro rata part of the value of the labor and materials which have been actually put into- said construction in conformity to said plans and specifica- tions; nor shall any such payment be in excess of $10,000 per mile, exclusive of the cost of bridges of more than twenty feet clear span. The construction work and labor in each state shall be done in accordance with its laws, and under the direct supervision of the State highway department, subject to the inspection and approval of the Secretary of Agriculture and in accordance with the rules and regulations made pursuant to this Act. The Secretary of Agriculture and the State highway de- partment of each State may jointly determine at what times, and in what amounts, payments, as work progresses, shall be made under this Act. Such payments shall be made by the- Secretary of the Treasury, on warrants drawn by the Sec- retary of Agriculture, to such official, or officials, or depos- itory, as may be designated by the State highway department- and authorized under the laws of the State to receive public funds of the State or county. SEc. 7 ‘. To maintain the roads constructed under the pro-- 94 FrpERAL Aip Roap Acts visions of this Act shall be the duty of the States, or their civil subdivisions, according to the laws of the several States. If at any time the Secretary of Agriculture shall find that any road in any State constructed under the provisions of this Act is not being properly maintained he shall give notice of such fact to the highway department of such State and if within four months from the receipt of said notice said road has not been put in a proper condition of maintenance then the Secretary of Agriculture shall thereafter refuse to approve any project for road construction in said State, or o! the civil subdivision thereof, as the fact may be, whose duty it is to maintain said road, until it has been put in a condi- tion of proper maintenance. Sec. 8. That there is hereby appropriated and made avail- able until expended,+out of any moneys in the National Treasury not otherwise appropriated, the sum of $1,000,000 for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and each fiscal year thereafter, up to and including the fiscal year ending June thirtieth, nineteen hun- dred and twenty-six, in all $10,000,000, to be available until expended under the supervision of the Secretary of Agri- culture, upon request from the proper officers of the State, Territory, or county for the survey, construction, and main- tenance of roads and trails within or only partly within the national forests, when necessary for the use and development of resources upon which communities within and adjacent to the national forests are dependent: Provided, That the State. Territory, or county shall enter into a cooperative agreement with the Secretary of Agriculture for the survey, construc- tion, and maintenance of such roads or trails upon a basis equitable to both the State, Territory, or county, and the United States: And provided also, That the aggregate ex- penditures in any State, Territory, or county shall not exceed ten per centum of the value, as determined by the Secretary of Agriculture, of the timber and forage resources which are or will be available for income upon the national forest lands FEepERAL Arp Roap Acts 95 within the respective county or counties wherein the roads or trails will be constructed; and the Secretary of Agri- culture shall make annual report to Congress of the amounts expended hereunder. That immediately upon the execution of any cooperative agreement hereunder the Secretary of Agriculture shall no- tify the Secretary of the Treasury of the amount to be ex- pended by the United States within or adjacent to any national forest thereunder, and beginning with the next fiscal year and each fiscal year thereafter the Secretary of the Treasury shall apply from any and all revenues from such forest ten per centum thereof to reimburse the United States for expenditures made under such agreement until the whole amount advanced under such agreement shall have been returned from the receipts from such national forest. Sec. 9. That out of the appropriations made by or under this Act, the Secretary of Agriculture is authorized to em- ploy such assistants, clerks, and other persons in the city of Washington and elsewhere, to be taken from the eligible lists of the Civil Service Commission, to rent buildings outside of the city of Washington, to purchase such supplies, material, equipment, office fixtures, and apparatus, and to incur such travel and other expenses as he may deem necessary for carry- ing out the purposes of this Act. Sec. 10. That the Secretary of Agriculture is authorized to make rules and regulations for carrying out the oer of this Act. Sec. 11. That this Act shall be in force from the date of its passage. Approved, July 11, 1916. 96 FEDERAL Arp Roap Acts SUMMARY OF FEDERAL AID ROAD ACT OF 1916. The Federal aid road act was signed by the President and became a law on July 11, 1916. Summary of the Federal Aid Road Act. PRINCIPLE OF THE ACT IS: CoOPEKATION. Purpose of the act.— To promote construction of rural post roads by granting aid to the various States; to provide further money aid toward the construction of roads and trails wholly or in part within the national forests; to encourage supervision of roads within the State by competent State officials. PROVISIONS OF THE ACT. Total amount appropriated, $85,000,000. — $75,000,000 to be expended on the rural post roads in the several States during the five-year period ending June 30, 1921; $10,000,000 to be expended at the rate of $1,000,000 a year in connection with the national forest roads. Amounts to be expended from the major appropriation are: $5,000,000 for the year ending June 30, 1917; $10,000,000 for the year ending June 30, 1918; ° $15,000,000 for the year ending June 30, 1919; $20,000,000 for the year ending June 30, 1920; $25,000,000 for the year ending June 30, 1921. A deduction for administration not to exceed 3 per cent of the appropriation for any one fiscal year is to be made by the Secretary of Agriculture, after which The remainder of each year’s appropriation is to be apportioned among the States in the following manner: One-third in the ratio which the area of each State bears to the total area of all the States; FEDERAL Aip Roap Acts 97 One-third in the ratio which the population of each State bears to the total population of all the States; One-third in the ratio which the mileage of rural delivery and star routes in each State bears to the total mileage of rural delivery routes and star routes in all the States. Roads which may be constructed under the act are de- fined as those over which the United States mails now are or may hereafter be transported, excluding streets and roads in places having a population of 2,500 or more, except that portion of such thoroughfare along which the houses aver- age more than 200 feet apart. Federal money may be expended on construction only, —The term “construction” is construed to include recon- struction and improvement of existing roads, but expenditure of funds is authorized upon only such projects as may be substantial in character. The limit of expenditure which may be made by the United States upon any road is $10,000 per mile, exclusive of the cost of bridges of more than 20 feet clear span. And in no event shall the share of the United States exceed 50 per cent of the total cost. The Secretary of Agriculture is required, within 60 days after the approval of the act, to certify to the Secretary of the Treasury, to each State highway department, and to the governor of each State having no State highway department, the sum which he has estimated to be deducted for admin- istering the provisions of the act and the sum which he has apportioned to each State for the fiscal year ending June 30, 1917, and on or before January 20 next preceding the commencement of each succeeding fiscal year he is required to make like certificates for such fiscal year, The balance of the annual apportionment remaining unexpended at the close of any fiscal year in any State is to be available for expenditure in that State until the close of the succeeding fiscal year, except that an apportionment 98 FEDERAL Arp Roan Acts for any fiscal year to a State which has no State highway department is to be available for expenditure in that State until the close of the third fiscal year succeeding the close of the fiscal year for which the apportionment was made; in other words, in the absence of a highway department, it is to be available for four years from the beginning of the fiscal year for which the appropriation is made. Any amount re- maining unexpended at the end of the period during which it is available is to be reapportioned within 60 days to all the States in the same manner and on the same basis as if it were being apportioned for the first time; and in the same manner the Secretary of Agriculture is to certify to the Sec- retary of the Treasury, to the State highway departments, and to the governors of States having no State highway de- partments, the amount of the apportionment to each state. To RECEIVE THE BENEFITS OF THE ACT. I. A State must, through its legislature, assent to the provisions of the act, except that, until the final adjournment of the first regular session of the legislature held after the passage of the act, the assent of the governor of the State shall be sufficient. : II. A State must have a State highway department. The term “State highway department” is construed to include any department of another name, or any commission, or official, or officials empowered under the laws, to exercise the ordinary functions of a State highway department. IIT. .A State must submit to the Secretary of Agriculture, by its State highway department, a definite and comprehensive program of construction for the five-year period, or as much thereof as practicable, and subsequently from time to time an application for Federal aid, known as a project statement, setting forth proposed construction of each rural post road. IV. A State must furnish, through its State highway de- partment to ithe Secretary of Agriculture, upon his approval of a project, such surveys, plans, specifications and estimates FEDERAL Arp Roap Acts 99 as the Secretary may require. Items included for engineer- ing, inspection, and unforeseen contingencies shall not ex- ceed 10 per cent of the total estimated cost of the work. V. A State must agree, through its State highway depart- ment, with the Secretary of Agriculture upon the road to be constructed and the character and method of construction. VI. A State must construct, under the supervision of its State highway department, the road. or roads, including necessary bridges and culverts, approved by the Secretary of Agriculture. The work and labor are to be done in accord- ance with the laws of the State and rules and regulations made pursuant to the act, and subject to the inspection and approval of the Secretary of Agriculture. VII... A “State. must properly maintain the roads con- structed under the provisions of the act, except that in such cases as State laws impose the duty of maintenance upon civil subdivisions of the State, these must maintain the roads con- structed. Proper maintenance is construed to mean the mak- ing of needed repairs and the preservation of a reasonably smooth surface considering the type of the road, but is not held to include extraordinary repairs or reconstruction. If at any time the Secretary of Agriculture shall find that any road constructed under the provisions of the act is not being properly maintained, he is directed to give notice of that fact to the highway department of the State.’ If within four months from the receipt of such notice the road has not been put in a proper condition of maintenance the Secretary of Agriculture is required to refuse thereafter to approve any project for road construction in the State, or civil subdivision, as the case may be, whose duty it is to maintain the road, until it has been put in a condition of proper maintenance, A state prohibited by its constitution from engaging in any work of internal improvement may obtain its appor- tionment when any number of counties shall have appro- ' priated or provided the proportion or share needed to he 100 FepERAL A1ip Roap Acts raised in order to entitle such State to its part of the appro- priation. Approval by the Siepetaey of Agriculture of the plans, specifications, and estimates submitted by a State highway department. is followed by certification of the fact to the Secretary of the Treasury who thereupon is required to set aside the share of the United States payable on account of the project. Partial and final payments for approved work are to be made by the Secretary of the Treasury, on warrants drawn by the Secretary of Agriculture, to the official, officials, or depository designated by, the State highway department and authorized under the laws of the State to receive public funds of the State or county, but No payment shall be greater than the United States’ pro rata part of the value of labor and materials which actually have been put into the construction in conformity with the plans and specifications. Freedom from tolls of all kinds is provided for all roads constructed under the act. The Secretary of Agriculture is authorized to make rules and regulations for carrying out the provisions of the act; to employ assistants, clerks, and others from the eligible lists of the Civil Service Commission; to rent buildings out- side the city of Washington, purchase supplies, materials, etc., and incur travel and other expense such as he may deem necessary for carrying out the purposes of the act. Inspection and approval by the Secretary of Agri- culture at every stage of the proceedings is required. Except as to section 8 the Office of Public Roads and Rural En- gineering will act for the Secretary in the routine admin- istration of the act. The apportionment of funds and the selection of projects under section 8 will be handled by the Forest Service, while surveying and construction work will be under the supervision of the Office of Public Roads and FEDERAL Arp Roap.ActTs 101 Rural Engineering. General inquiries may be addressed accordingly. National Forest Roads The appropriation of $10,000,000 for the survey, con- struction, and maintenance of roads and trails wholly or partly within the national forests is to be available until ex- pended under the supervision of the Secretary of Agriculture. To receive aid a State, Territory or county must make a formal request through its proper officer and must enter into a cooperative agreement with the Secretary of Agri- culture for the survey, construction, and maintenance of the desired roads or trails upon a basis equitable to both the State, Territory, or county and the United States. The aggregate expenditures in any State, Territory, or county must not exceed 10 per cent of the value, as de- termined by the Secretary of Agriculture, of the timber and forage resources which are or will be available for income upon the national forest lands within the respective county or counties wherein the roads or trails will be constructed. The Secretary of Agriculture is required to make annual report to Congress of the amounts expended for this purpose. The United States is to be reimbursed for expenditures made under agreement between the Secretary of Agriculture and a State, Territory, or county by the application by the Secretary of the Treasury of 10 per cent of all revenues from the forest beginning with the next fiscal year after the mak- ing of the agreement. This reimbursement is to continue until the whole amount advanced under the agreement shall have been returned to the United States from the receipts of the national forest within or adjacent to which the money is expended. 102 FepeRAL Arp RoAp Acts: RULES AND REGULATIONS OF THE SECRETARY OF AGRICULTURE FOR CARRYING OUT THE FEDERAL-AID ROAD ACT. (EXCEPT SECTION 8 THEREOF) Issued September 1, 1916. Regulation 1.— Definitions For the purpose of these regulations, the following terms shall be construed, respectively, to mean — Sec. 1. The Federal-aid road act, or the act.—An act of Congress entitled “An act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” approved July 11, 1916, (Public No. 156, 64th Congress.) Sec. 2. The Secretary.— The Secretary of Agriculture of the United States. Sec.3. O ffice of Public Roads.—The Office of Public Roads and Rural Engineering of the United States Depart- ment of Agriculture. Sec. 4. Ten per cent fund.—Items for engineering, in- spection, and unforeseen contingencies, not exceeding 10 per cent of the total estimated cost of the work. Sec. 5. Authorized representatives of the Secretary. — The Director of the Office of Public Roads and such other officials and employes thereof as he may designate from time to time. Regulation 2.— Application of Regulations Sec. 1. These regulations apply to, all provisions, except section 8, of the act and shall not be applied to section 8 unless hereafter authorized or required by order of the Secretary. Sec. 2. These regulations shall apply as fully where the State can not constitutionally engage in any work of internal FEDERAL Aip Roap Acts 103 improvements as in any other case, when any number of counties in such State shall appropriate or provide the pro- portion or share needed to be raised in order to entitle such State to its part of the appropriation apportioned under the act. Regulation 3.— Information for the Secretary Sec. 1. Before an agreement is made upon any road or roads to be constructed in a. State, or the character and method of construction, upon request of the Secretary there shall be furnished to him, by or on behalf of the State, gen- eral information as to its laws affecting roads and the au- thority of the State and local officials in reference to the construction and maintenance of roads; as to schemes for future construction; and as to provisions made or to be made, for constructing and maintaining roads upon which it is contemplated that the expenditure of money appropriated by or under the act will be proposed. The information fur- nished shall be sufficient to enable the Secretary to determine whether it is likely that the money apportioned to the State will be expended, and the roads constructed will be properly maintained, in acordance with the terms of the act. Sec. 2. Information requested by the Secretary or his authorized representative, relating to the maintenance of roads constructed under the provisions of the act, shall be furnished, from time to time, by the State highway depart- ments, on forms supplied by the Office of Public Roads. ~ Sec. 3. Data furnished by or on behalf of a State shall be supplemented by such reports of the Office of Public Roads as the Secretary may from time to time require before he decides whether the State has complied with the terms of the act or has presented a project statement which should be approved. 104 FrepERAL Arp Roap Acts Regulation 4.— Project Statements Sec. 1. A project statement shall contain all information necessary to enable the Secretary to ascertain (a) whether the project conforms to the requirements of the act; (b) whether adequate funds, or their equivalent, are or will be available by or on behalf of the State for construction; (c) what purpose the project will serve and how it correlates with the other highway work of the State; (d) the administrative control of, and responsibility for, the project; (e) the prac- ticability and economy of the project from an engineering and construction standpoint; (f) the adequacy of the plans and provisions for proper maintenance of roads; and (g) the approximate amount of Federal aid desired. With each state- ment there shall be submitted for the approval of the Sec- retary copies of the form of contract, together with all docu- ments referred to therein or made part thereof, and of the contractor’s bond which it is proposed to use on the project. No alteration of such forms shall be made until it is approved by the Secretary. Sec. 2. Suitable forms for project statements will be sup- plied by the Office of Public Roads. Sec. 8. Project statements for any fiscal year may be sub- mitted at any time after the apportionment for that year shall have been made. Sec. 4. Projects will be deemed preferred and recom- mended for approval by the State highway department in the order in which the project statements are submitted, unless it be otherwise specified in writing, but the Secretary may, in his discretion, consider the projects in a different order. Sec. 5. Each project statement shall be accompanied by a sketch map showing the location of the proposed project and all main contiguous transportation features. Sec. 6. Suitable samples of materials suggested for use in the construction of a project shall be submitted to the Office FepERAL Arp Roap Acts 105 of Public Roads, whenever requested by it, for examination prior to the Secretary’s decision on the project statement. Sec. 7. Where any part of the cost of a project is to be furnished by a county or other local subdivision or subdivi- sions of a State, the project statement shall be accompanied by certified copy of each resolution or order, if any, of the appropriate local officials respecting the*funds which are or will be made available, or respecting the supervision of the construction of the road and of the expenditure of the money provided or to be provided for paying such cost. Regulation 5.— Surveys, Plans, Specifications, and Estimates Sec. 1. Surveys and plans shall show, in convenient form and sufficient detail, according to accepted engineering prac- tice? necessary data in connection with the specifications and estimates, to enable the Secretary to ascertain and pass upon location, grades, drainage, bridges, other structures, special and unusual features, the work to be performed, and the probable cost thereof. Sec. 2. Specifications shall set forth the proposed method of construction, type of construction, materials to be used, and other essentials, in such detail as to afford complete knowledge of all steps to be taken in the construction of the project. Sec. 3. The estimate for each project shall show the estimated quantity and cost of each item of construction in detail and, separately, the 10 per cent fund, and shall not in- clude any expense of advertising. - Sec. 4. Rights of way necessary for any project shall be provided, and any incidental damages to adjoining property due to construction work paid by or on behalf of the State, and the expense thereof shall not be included in the estimate or paid in any part, directly or indirectly, by the Federal Government. 106 FEDERAL Aip Roap Acts Sec. 5. Grade crossings shall be avoided where practicable. The estimated cost of eliminating a grade crossing shall not include any amount the State, county, or other civil subdivi- sion has received, is to receive, or is entitled to receive, di- rectly or indirectly, as reimbursement or payment from the owner of a public utility for or on account of such elimination. Sec. 6. No part of the expense of making surveys, plans, specifications, or estimates, by or on behalf of the State prior to the beginning of construction work, shall be included in the estimate or paid by the Federal Government. Sec. 7. When plans, specifications, and-estimates have been approved by the Secretary, no alteration thereof shall be made without his approval. Sec. 8. For all projects for which statements are sub- mitted after December 31, 1916, standards governing , the form and arrangement of plans, specifications, and eatenaten will be hereafter prescribed and promulgated by the Secretary. Regulation 6.— Project Agreements Sec. 1. A project agreement between the State highway department and the Secretary shall be executed, in triplicate, on a form furnished by him, previous to commencement of the construction of the project. Regulation 7.— Contracts Sec. 1. No part of the Federal money set aside on account of any project shall be paid until it has been shown to the satisfaction of the Secretary that adequate means, either by advertising or by other devices appropriate for the purpose, were employed, prior to the beginning of construction, to insure the economical and practical expenditure of such money. Sec. 2. Immediately on publication of advertisements, copies thereof shall be. furnished to the Office of Public Roads. Led FeperAL Arp Roap Acts 107 Sec. 3. Bids shall be in such form that the unit prices at which the various services are to be performed. and the various materials furnished will be clearly shown. Sec. 4. Copy of the tabulated bid prices, showing the unit prices and the totals of each bid for every project, shall be furnished promptly to the Office of Public Roads. Sec. 5. In advance of the acceptance of any bid, sufficient notice of the time and place the contract is to be awarded shall be given to the office of Public Roads to enable it, if it so desire, to have a representative present. When a bid has been accepted prompt notice thereof shall be given to the Office of Public Roads. Sec. 6. If the contract be awarded to any other than the lowest responsible bidder, the Federal Government shall not pay more than its pro rata share of the lowest responsible bid, unless it be satisfactorily shown that it was advan- tageous to the work to accept the higher bid. Sec. 7. A copy of each contract as executed shall be im- mediately certified by the State highway department and furnished to the Office of Public Roads. Sec. 8. The specifications and plans shall be made a part ef the contract. Sec. 9. No alteration in such contract shall be made with- out the approval of the Secretary. Regulation 8:— Construction Work and Labor Sec. 1. Suitable samples of materials to be used in con- struction work shall be submitted, by or on behalf of the State highway department, to the Office of Public Roads whenever requested. Sec. 2. Unless otherwise stipulated in writing by the Secretary or his authorized representative, materials for the construction of any project shall, prior to use, be tested for conformity with specifications, according to methods pre- scribed or approved by the Office of Public Roads. 108 FEDERAL Arp Roap Acts Sec. 3. Unless otherwise specifically stipulated in the “project agreement, bridges, viaducts, and underpasses shall have clear width of roadway of not less than 16 feet and clear head room of not less than 14 feet for a width of 8 feet at the center. Sec. 4. No part of the money apportioned under the act shall be used, directly or indirectly, to pay, or to reimburse a State, county, or local subdivision for the payment of any premium or royalty on any patented or proprietary material, specification, process, or type of construction, unless pur- chased or obtained on open actual competitive bidding at the same or a less cost than unpatented articles or methods equally suitable for the same purpose. Sec. 5. The supervision of each project by the State hizh- way department shall include adequate inspection throughout the course of construction. Sec. 6. Written notice of commencement and co: npletion of construction work on any project shall be given pro: mptly by the State highway department: to the Office of Public Roads. Sec. 7. Reports of the progress of construction, showing force employed and work done, shall be furnished, from time to time, whenever requested by the Secretary or his author- ized representative. Sec. 8. Labor, teams, materials, and equipment furnished, in lieu of money, by or on behalf of the ‘State highway de- partment on construction work shall be used only on such terms and conditions as are set forth in the project agree- ment. Regulation 9.— Records and Cost Keeping Sec. 1. A separate account for each project shall be so kept, by or under the direction of the State highway depart- ment as to enable the secretary, or his authorized representa- tive, to ascertain at any time the expenditures on and the FepERAL Arp Roap Acts 109 liabilities against the project and, separately, the condition of the 10 per cent fund. Sec. 2. Such other records of contract and force account work, and of inspections and tests by or on behalf of the State, shall be kept, by or under the direction of the State highway department, as will enable the Secretary, or his authorized representative, at any time to determine the con- dition of the construction and maintenance of, and the cost tc the State and the Federal Government of the construc- tion work and labor. done on any project. Sec. 3. The accounts and records, together with all sup- porting documents, shall be open, at all times, to the inspec- ‘tion of the Secretary, or his authorized representative, and copies thereof shall be furnished when requested. Sec. 4. Certified copies of pay rolls on force account work and of all vouchers for other expenditures shall be furnished, whenever requested by the Secretary or his au- thorized representative. Sec. 5. Whenever requested by the Secretary or his au- thorized representative, unit costs on any project shall be kept on forms furnished by the Office of Public Roads. Regulation 10.— Payments Sec. 1. Vouchers, in the form provided by the Secretary and certified-as therein prescribed, showing amounts expended on any project and amount claimed to be due from the Fed- eral Government on account thereof, shall be submitted by the State highway department to the Office of Public Roads, either after completion of construction of the project or, if the Secretary has determined to make payments as the con- struction progresses, at intervals of not less than one month. Regulation 11. — Office of Public Roads Sec. 1. Papers and documents required by the act or these regulations to be submitted to the Secretary may be 110 FEDERAL Alp Roap Acts delivered to the Office of Public Roads and from the date of such delivery shall be deemed submitted. ACT OF OHIO ASSENTING TO FEDERAL AID ROAD ACT Sec. 1228-1. [Assent to Federal Aid road act.]° That the Legislature of the State of Ohio hereby assents to the provisions of the Act of Congress, approved July eleven, nineteen hundred’ and sixteen, entitled.“An Act to provide that the United States shall aid the States in the construc- tion of rural post roads, and for other purposes,” thirty- ninth U. S. Statutes at Large, page three hundred and fifty-- five. The State Highway Department is hereby authorized to enter into all contracts and agreements with. the United States Government, relating to the construction and main- tenance of rural post roads under the provisions of the said Act of Congress, to submit such scheme or program of con- struction and maintenance as may be required by the Secre- tary of Agriculture and do all other things necessary fully to carry out the co-operation contemplated and provided by the said Act. The good faith of the State is hereby pledged to make available funds sufficient to equal the sums apportioned to the State by or under the United States Government during each of the five years for which Federal funds are appro- priated by the said Act and to maintain the roads constructed under the provisions of said Act, and to make adequate pro- visions for carrying out such maintenance. All moneys accru- ing to the State Highway Fund created by law and available for expenditure in the construction and maintenance of high- ways, and all Federal funds apportioned to this State under the said Act of Congress, shall be expended upon the high- ways comprising the system of main market and inter-county roads provided by law. (107 v. 593.) FEDERAL Aip Roap Acts 111 SUPPLEMENT TO FEDERAL AID ACT OF 1916 As contained in the Federal Appropriation Act of 1919. Sec. 5. That the Act entitled “An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” approved July 11, 1916, is hereby amended to provide that the term “rural post roads,” as used in section 2 of said Act, shall be construed to mean any public road a major portion of which is now used, or can be used, or forms a connecting link not to exceed ten miles in length of any road or roads now, or hereafter used for the transportation of the United States mails, excluding every street and road in a place having a population, as shown by the latest available Federal census, of two thousand five hun- dred or more, except that portion of any such street or road along which the houses average more than two hundred feet apart: Provided, That section 6 of said Act be further amended so that the limitation of payments not to exceed $10,000 per mile, exclusive of the cost of bridges of more than twenty feet clear span, which the Secretary of Agricul- ture may make, be, and the same is, increased to $20,000 per mile. Sec. 6. That for the purpose of carrying out the provisions of said Act, as herein amended, there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the following additional sums: The sum of $50,000,000 for the fiscal year ending June 30, 1919, and available immediately ; the sum of $75,000,000 for the fiscal year ending June 30, 1920; and the sum of $75,000,000 for the fiscal year ending June 30, 1921; said additional sums to be expended in accordance with the provisions of said Act: Provided, That where the con- stitution of any State prohibits the same from engaging upon internal imptovements or from contracting public debts for extraordinary purposes in an amount sufficient to meet the monetary requirements of the Act of July 11, 1916, or any 112 FrepERAL Aip Roap Acts act amendatory thereof, or restricts annual tax levies for the purpose of constructing and improving roads and bridges, and where a constitutional alteration or amendment to over- come either or all of such prohibitions must be submitted to a referendum at a general election, the sum to which such State is entitled under the method of apportionment provided in the Act of July 11, 1916, or any Act amendatory thereof, shall be withdrawn by the Secretary of the Treasury from the principal fund appropriated by the Act of July 11, 1916, or any Act amendatory thereof, upon receipt of the certification of the governor of such State to the existence of either or all of said prohibitions, and such sum shall be carried by the Secretary of the Treasury as a separate fund for future dis- bursement as hereinafter provided: Provided further, That when, by referendum, the constitutional alterations or amendments necessary to the enjoyment of the sum so with- drawn have been approved and ratified by any State, the Sec- retary of the Treasury, upon receipt of certification from the governor of such State to such effect, shall immediately make available to such State, for the purposes set forth in the Act of July 11, 1916, or any Act amendatory thereof, the sum withdrawn as hereinbefore provided: Provided further, That nothing herein shall be deemed to prevent any State from receiving such portion of said principal sum as is available under its existing constitution and laws: Provided further, That in the expenditure of this fund for labor preference shall be given, other conditions being equal, to honorably dis- charged soldiers, sailors, and marines, but any other prefer- ence or discrimination among citizens of the United States in connection with the expenditure of this appropriation is here- by declared to be unlawful. Sec. 7. That the Secretary of War be, and he is hereby. authorized in his discretion to transfer to the Secretary of Agriculture all available war material, equipment, and sup- plies not needed for the purposes of the War Department, but suitable for use in the improvement of highways, and that FreperAL Arp Roap Acts 113 the same be distributed among the highway departments of the several states to be used on roads constructed in whole or in part by Federal aid, such distribution to be made upon a value basis of distribution the same as provided by the Fed- eral aid road Act, approved July 11, 1916: Provided, That the Secretary of Agriculture, at his discretion, may reserve from such distribution not to exceed 10 per centum of such material, equipment, and supplies for use in the construction of national forest roads or other roads constructed under his direct supervision. Sec. 8. That there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1919, the sum of $3,000,000, for the fiscal year ending June 30, 1920, the sum of $3,000,000, and for the fiscal year ending June 30, 1921, the sum of $3,000,000, available until expended by the Secretary of Agriculture in cooperation with the proper officials of the State, Territory, insular possession, or county, in the survey, construction, and maintenance of roads and trails within or partly within the national forests, when necessary for the use and development of resources of the same or desirable for the proper admin- istration, protection, and improvement of any stch forest. Out of the sums so appropriated the Secretary of Agricul- ture may, without the cooperation of such officials, survey, construct, and maintain any road or trail within a national forest which he finds necessary for the proper administration, protection and improvement of such forest, or which in his Opinion is of national importance. In the expenditure of this fund for labor preference shall be given, other conditions being equal, to honorably discharged soldiers, sailors, and marines, The secretary of Agriculture shall make annual report to Congress of the amounts expended hereunder, 114 ‘FepeRAL Arp Roap Acts CONSTRUCTION OF RURAL POST ROADS Supplemental Federal Aid Act of 1921 Sec. 2. That, when used in this Act, unless the context indicates otherwise — The term “Federal Aid Act” means the Act entitled “An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” approved July 11, 1916, as amended by sections 5 and 6 of an Act entitled “An Act making appropriations for the service of the Post Office Department for the fiscal year ending June 30, 1920, and for other purposes,” approved February 28, 1919, and all other Acts amendatory thereof or supplementary thereto, The term “highway” includes rights of way, bridges, drain- age structures, signs, guard rails, and protective structures in connection with highways, but shall not include any high- way or street in a municipality having a population of two thousand five hundred or more as shown by the last available census, except that portion of any such highway or street along which within a distance of one mile the houses average more than two hundred feet apart. The term “State highway department” includes any State department, commission, board, or official having adequate powers and suitably equipped and organized to discharge to the satisfaction of the Secretary of Agriculture the duties herein required. The term “maintenance” means the constant making of needed repairs to preserve a smooth-surfaced highway. The term “construction” means the supervising, inspecting, actual building, and all expenses incidental to the construc- tion of a highway, except locating, surveying, mapping, and costs of rights of way. The term “reconstruction” means a widening or a rebuilding of the highway or any portion thereof to make it a continu- FEepERAL Aip Roap Acts 115 ous road, and of sufficient width and strength to care ade- quately for traffic needs. The term “forest roads” means roads wholly or partly within or adjacent to and serving the national forests. The term “State funds” includes for the purposes of this _ Act funds raised under the authority of the State, or any political or other subdivision thereof, and made available for expenditure under the direct control of the State highway department. Sec. 3. All powers and duties of the Council of National Defense under the Act entitled “An Act making appropria- tions for the support of the Army for the fiscal year ending June 30, 1917, and for other purposes,’ approved August 29, 1916, in relation to highway or highway transport, are hereby transferred to the Secretary of Agriculture, and the Council of National Defense is directed to turn over to the Secretary of Agriculture the. equipment, material, supplies, papers, maps, and documents utilized in the exercise of such powers. The powers and duties of agencies dealing with highways in the national parks or in military or naval reservations under the control of the United States Army or Navy, or with high- ways used principally for military or naval purposes, shall not be taken over by the Secretary of Agriculture, but such highways shall remain under the control and jurisdiction of such agencies. The Secretary of Agriculture is authorized to cooperate with the State highway departments, and with the Depart- ment of the Interior in the construction of public highways within Indian reservations, and to pay the amount assumed therefor from the funds allotted or apportioned under this Act to the State wherein, the reservation is located. Sec. 4. That. the Secretary of Agriculture shall establish an accounting division which shall devisé and install a proper method of keeping the accounts. Sec. 5. That the Secretary of War be, and he is hereby, authorized and directed to transfer to the Secretary of Agri- Tek pate RIAL Se ERTS ON Se Ae nae Se? aa 116 FepeErAL Aip Roap Acts culture; upon his request, all war material, equipment, and supplies now or hereafter declared surplus from stock now on hand and-not needed for the purposes of the War Depart- ment but suitable for use in the improvement of highways, and that the same shall be distributed among the highway departments of the several States to be used in the construc- tion, reconstruction, and maintenance of highways, such dis- tribution to be upon the same basis as that hereinafter pro- vided for in this Act in the distribution of Federal aid fund: Provided, That the Secretary of Agriculture, in his discretion, may reserve from such distribution not to exceed 10 per centum of such material, equipment, and supplies for use in the construction, reconstruction, and maintenance of national forest roads or other roads constructed, reconstructed, or maintained under his direct supervision. Sec. 6. That in approving projects to receive Federal aid under the provisions of this Act the Secretary of Agriculture shall give preference to such projects as will expedite the completion of an adequate and connected system of high- ways, interstate in character. Before any projects afe approved in any State, such State, through its State highway department, shall select or desig- nate a system of highways not to exceed 7 per centum of the total highway mileage of such State as shown by the records of the State highway department at the time of the passage oi this Act. Upon this system all Federal-aid apportionments shall be expended. Highways which may receive Federal aid shall be divided into two classes, one of which shall be known as primary or interstate highways, and shall not exceed three-sevenths of the total mileage which emay receive Federal aid, and the other which shall connect or correlate therewith and be known as secondary or intercounty highways, and shall consist of the remainder of the mileage which may receive Federal aid. FrpERAL Atp Roap Acts LAT The Secretary of Agriculture shall have authority to ap- prove in whole or in part the systems as designated or to re- quire modifications or revisions thereof: Provided, That the States shall submit to the Secretary of Agriculture for his approval any proposed revisions of the designated systems of highways above provided for. : Not more than 60 per centum of all Federal aid allotted to any State shall be expended upon the primary or interstate highways until provision has been made for the improvement of the entire system of such highways: Provided, That with the approval of any State highway department the Secretary of Agriculture may approve the expenditure of more than 60 per centum of the Federal: aid apportioned to such State upon the primary or interstate highways in such State. The Secretary of Agriculture may approve projects sub- mitted by the State highway departments prior to the selec- tion, designation, and approval of the system of Federal-aid highways, herein provided for if he may reasonably anticipate that such projects will become a part of such system. Whenever provision has been made by any State for the completion and maintenance of a system of primary or in- terstate and secondary or inter-county highways equal to 7 per centum of the total mileage of such State, as required by this Act, said State, through its State highway depart- ment, by and with the approval of the Secretary of Agricul- ture, is hereby authorized to add to the mileage of primary or interstate and secondary or inter-county systems as funds become available for the construction and maintenance of such additional mileage. Sec. 7. That before any project shall be approved by the Secretary of Agriculture for any State such State shall make provisions for State funds required each year of such States by this Act for construction, reconstruction, and main- tenance of all Federal-aid highways within the State, which funds shall be under the direct control of the State highway department. weet. Se gt oe fe wg PAS fia ~~ “= a ee” Ea Op Pee ay hs ey ke = ee Risa iar aS. SSE ASE ee 118 FEDERAL Arp Roap Acts Sec. 8. That only such durable types of surface and kinds of materials shall be adopted for the construction and reconstruction of any highway which is a part of the primary or interstate and secondary or intercounty systems as will adequately meet the existing and probable future traffic needs and conditions thereon. The Secretary of Agriculture shall approve the types and width of construction and reconstruc- tion and the character of improvement, repair, and mainte- nance in each case, consideration being given to the type and character which shall be best suited for each locality and to the probable character and extent of the future traffic. Sec. 9. That all highways constructed or reconstructed under the provisions of this Act shall be free from tolls of all kinds. That all highways in the primary or interstate system con- structed after the passage of this Act shall have a right of way of ample width and a wearing surface of an adequate width which shall not be less than eighteen feet, unless, in the opinion of the Secretary of Agriculture, it is rendered im- practicable by physical conditions, excessive costs, probable traffic requirements, or legal obstacles. Sec. 10. That when any State shall have met the require- ments of this Act, the Secretary of the Treasury, upon re- ceipt of certification from the governor of such State to such effect, approved by the Secretary of Agriculture, shall imme- diately make available to such State, for the purpose set forth in this Act, the sum apportioned to such State as herein provided. Sec. 11. That any State having complied with the pro- visions of this Act, and desiring to avail itself of the benefits thereof, shall by its State highway department submit to the Secretary of Agriculture project statements setting forth pro- posed construction or reconstruction of any primary or inter- state, or secondary or intercounty highway therein. If the Secretary of Agriculture approve the project, the State high- way department shall furnish to him such surveys, plans, FEDERAL Aip Roap Acts 119 specifications, and estimates therefor as he may require; items included for enginering, inspection, and unforseen contin- gencies shall not exceed 10 per centum of the total estimated cost of its construction. That when the Secretary of Agri- culture approves such surveys, plans, specifications, and esti- mates, he shall notify the State highway department and im- mediately certify the fact to the Secretary of the Treasury. The Secretary of the Treasury shall thereupon set aside the share of the United States payable under this Act on account of such projects, which shall not exceed 50 per centum of the total estimated cost thereof, except that in the case of any State containing unappropriated public lands exceeding 5 per centum of the total area of all lands in the State, the share of the United States, payable under this Act on account of such projects shall not exceed 50 per centum of the total esti- mated cost thereof plus a percentage of such estimated cost equal to one-half of the percentage which the area of the unappropriated public lands in such State bears to the total area of such State: Provided, That the limitation of Payments not to exceed $20,000 per mile, under existing law, which the Secretary of Agriculture may make be, and the same is hereby, increased in proportion to the increased per- centage of Federal aid authorized by this section: Provided further, That these provisions relative to the public-land States shall apply to all unobligated or unmatched funds ap- propriated by the Federal Aid Act and payment for approved projects upon which actual building construction work had not begun on the 30th day of June, 1921. © Sec. 12.. That the construction and reconstruction of the highways or parts of highways under the provisions of this Act, and all contracts, plans, specifications, and estimates re- lating thereto, shall be undertaken by the State highway de- partments subject to the approval of the Secretary of Agri- culture. The construction and reconstruction work and labor in each State shall be done in accordance with its laws and under the direct supervision of the State highway depart- 120 FEDERAL Arp Roap Acts ment, subject to the inspection and approval of the Secretary of Agriculture and in accordance with the rules and regula- tions pursuant to this Act. Sec. 18. That when the Secretary of Agriculture shall find that any project approved by him has been constructed or reconstructed in compliance with said plans and specifications, he shall cause to be paid to the proper authorities of said State the amount set aside for said project. That the Secretary of Agriculture may, in his discretion, from time to time, make payments on such construction or re- construction as the work progresses, but these payments, in- cluding previous payments, if any, shall not be more than the United States’ pro rata part of the value of the labor and materials which have been actually put into such construction or reconstruction in conformity to said plans and specifications. The Secretary of Agriculture and the State highway depart- ment of each State may jointly determine at what time and in what amounts payments as work progresses shall be made- under this Act. Such payments shall be made by the Secretary of the Treas- ury, on warrants drawn by the Secretary of Agriculture, to such official or officials or depository as may be designated by the State highway department and authorized under the laws of the State to receive public funds for the State. Sec. 14. That should any State fail to maintain any high- way within its boundaries after construction or reconstruc- tion under the provisions of this Act, the Secretary of Agri- culture shall then serve notice upon the State highway depart- ment of that fact, and if within ninety days after receipt of such notice said highway has not been placed in proper con- dition of maintenance, the Secretary of Agriculture shall proceed immediately to have such highway placed in a proper condition of maintenance and charge the cost thereof against the Federal funds allotted to such State, and shall refuse to approve any other project in such State, except as hereinafter ‘provided. FrepERAL Aip Roap Acts 121 Upon the reimbursement by the State of the amount ex- pended by the Federal government for such maintenance, said amount shall be paid into the Federal highway fund for re- apportionment among all the States for the construction of roads under this Act, and the Secretary of Agriculture shall then approve further projects submitted by the State as in this Act provided. ; Whenever it shall become necessary for the Secretary of Agriculture under the provisions of this Act to place any highway in a proper condition of maintenance the Secretary of Agriculture shall contract with some responsible party or parties for doing such work: Provided, however, That in case he is not able to secure a satisfactory contract he may ‘purchase, lease, hire, or otherwise obtain all necessary sup- plies, equipment, and labor, and may operate and maintain such motor and other equipment and facilities as in his judg- ment are necessary for the proper and efficient performance of his functions. Sec. 15. That within two years after this Act takes effect the Secretary of Agriculture shall prepare, publish, and dis- tribute a map showing the highways and forest roads that have been selected and approved as a part of the primary or interstate, and the secondary or intercounty systems, and at least annually thereafter shall publish supplementary maps showing his program and the progress made in selection, con- struction, and reconstruction. Sec. 16. That for the purpose of this Act the consent of the United States is hereby given to any railroad or canal company to convey to the highway department of any State any part of its right of way or other property in that State acquired by grant from the United States. Sec. 17. That if the Secretary of Agriculture determines that any part of the public lands or reservations of the United States is reasonably necessary for the right of way of any highway or forest road or as a source of materials for the construction or maintenance of any such highway or forest 122 FEDERAL Aip Roap Acts road adjacent to such lands or reservations, the Secretary of Agriculture shall file with the Secretary of the depart- — ment supervising the administration of such land or reserva- tion a map showing the portion of such lands or reservations which it is desired to appropriate. If within a period of four months after such filing the said Secretary shall not have certified to the Secretary of Agriculture that the proposed appropriation of such land or material is contrary to the public interest or inconsistent with ~ the purposes for which such land or materials have been re- — served, or shall have agreed to the appropriation and trans- / fer under conditions which he deems necessary for the ade- ~ quate protection and utilization of the reserve, then such land _ and materials may be appropriated and transferred to the State highway department for such purposes and subject to the conditions so specified. If at any time the need for any such lands or materials for such purposes shall no longer exist, notice of the fact shall be given by the State highway department to the Secretary of Agriculture, and such lands or materials shall immediately revert to the control of the Secretary of the department from which they had been appropriated. Sec. 18. That the Secretary of Agriculture shall prescribe and promulgate all needful rules and regulations for the car- rying out of the provisions of this Act, including such recom- mendations to the Congress and the State highway depart- ments as he may deem necessary for preserving and protect- ing the highways and insuring the safety of traffic thereon. Sec. 19. That on or before the first Monday in December of each year the Secretary of Agriculture shall make a report to Congress, which shall include a detailed statement of the work done, the status of each project undertaken, the alloca- tion of appropriations, an itemized statement of the expendi- tures and receipts during the preceding fiscal year under this Act, an itemized statement of the traveling and other ex- penses, including a list of employees, their duties, salaries, and q FEDERAL Arp Roap Acts 123 traveling expenses, if any, and his recommendations, if any, for new legislation amending or supplementing this Act. The Secretary of Agriculture shall also make such special reports as Congress may request. Sec. 20. That for the purpose of carrying out the provi- sions of this Act there is hereby appropriated, out of the moneys in the Treasury not otherwise appropriated, $75,000,- 000 for the fiscal year ending June 30, 1922, $25,000,000 of which shall become immediately available and $50,000,000 of which shall become available January 1, 1922. Sec. 21. That so much, not to exceed 24% per centum, of all moneys hereby or hereafter appropriated for expenditure under the provisions of this Act, as the Secretary of Agri- culture may deem necessary for administering the provisions of this Act and for carrying on necessary highway research and investigational studies independently or in cooperation with the State highway departments and other research agencies, and for publishing the results thereof, shall be de- ducted for such purposes, available until expended. Within sixty days after the close of each fiscal year the Secretary of Agriculture shall determine what part, if any, of the sums theretofore deducted for such purposes will not be needed and apportion such part, if any, for the fiscal year then current in the same manner and on the same basis as are other amounts authorized by this Act apportioned among all the States, and shall certify such apportionment to the Secretary of the Treasury and to the State highway depart- ments. The Secretary of Agriculture, after making the deduction authorized by this section, shall apportion the remainder of the appropriation made for expenditure under the provision of the Act for the fiscal year among the several States in the following manner: One-third in the ratio which the area of each State bears to the total area of all the States; one- third in the ratio which the population of each State bears to the total population of all the States, as shown by the 124 FeperaAL Arp Roap Acts latest available Federal census; one-third in the ratio which the mileage of rural delivery routes and star routes in each State bears to the total mileage of rural delivery and star routes in all the States at the close of the next preceding fiscal year, as shown by certificate of the Postmaster General, which he is directed to make and furnish annually to the Secretary of Agriculture: Provided, That no State shall receive less ‘than one-half of 1 percentum of each year’s allotment. All moneys herein or hereafter appropriated for expenditure un- der the provisions of this Act shall be available until the close of the second succeeding fiscal year for which appor- tionment was made: Provided further, That any sums appor- tioned to any State under the provisions of the Act entitled “An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other pur- peSes,” approved July 11, 1916, and all Acts amendatory thereof and supplemental thereto, shall be available for ex- penditure in that State for the purpose set forth in such Acts until two years after the close of the respective fiscal years for which any such sums become available, and any amount ‘so apportioned remaining unexpended at the end of the period during which it is available for expenditure under the terms of such Acts shall be reapportioned according to the provi- sions of the Act entitled “An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes,” approved July 11, 1916: And provided further, That any amount apportioned under the provisions of this Act unexpended at the end of the period during which it is available for expenditure under the terms of this section shall be reapportioned within sixty days there- after to all the States in the same manner and on the same basis, and certified to the Secretary of the Treasury and the State highway departments in the same way as if it were be- ing apportioned under this Act for the first time. Sec. 22. That within sixty days after the approval of this Act the Secretary of Agriculture shall certify to the Secretary FEDERAL Arp Roap Acts 125 of the Treasury and to each of the State highway depart- ments the sum he has estimated to be deducted for adminis- tering the provisions of this Act and the sums which he has apportioned to-each State for the fiscal year ending June 30, 1922, and on or before January 20 next preceding the com- mencement of each succeeding fiscal year, and shall make like certificates for each fiscal year. Sec. 23. That out of the moneys in the Treasury not other- wise appropriated, there is thereby appropriated for the sur- vey, construction, reconstruction, and maintenance of forest roads and trails, the sum of $5,000,000 for the fiscal year ending June 30, 1922, available immediately and until ex- pended, and $10,000,000 for the fiscal year ending June 30, 1923, available until expended. (a) Fifty per centum, but not to exceed $3,000,000 for any one fiscal year, of the appropriation made or that may hereafter be made for expenditure under the provisions of this section shall be expended under the direct supervision of the Secretary of Agriculture in the survey, construction, reconstruction, and maintenance of roads and trails of pri- mary importance for the protection, administration, and util- ization of the national forests, or when necessary, for the use and development of resources upon which communities within or adjacent to the national forests are dependent, and_ shall be apportioned among the several States, Alaska, and Porto Rico by the Secretary of Agriculture, according to the rela- tive needs of the various national forests, taking into con- sideration the existing transportation facilities, value of tim- ber, or other resources served, relative fire danger, and com- parative difficulties of road and trail construction. The balance of such appropriations shall be expended by the Secretary of Agriculture in the survey, construction, reconstruction, and maintenance of forest roads of primary importance to the State, counties, or communities within, adjoining, or adjacent to the national forests, and shall be prorated and apportioned by the Secretary of Agriculture for 126 FEDERAL Aip Roap Acts expenditures in the several States, Alaska, and Porto Rico, according to the area and value of the land owned by the Government within the national forests therein as deter- mined by the Secretary of Agriculture from such informa- tion, investigation, sources, and departments as the Secretary of Agriculture may deem most accurate. (b) Cooperation of Territories, States, and civil sub- divisions thereof may be accepted but shall not be required by the Secretary of Agriculture. — (c) The Secretary of Agriculture may enter into contracts with any Territory, State, or civil subdivision thereof for the - construction, reconstruction, or maintenance of any forest road or trail or part thereof. (d) Construction work on forest roads or trails estimated — to cost $5,000 or more per mile, exclusive of bridges, shall be advertised and let to contract. If such estimated cost is less than $5,000 per mile, or if after proper advertising no acceptable bid is received, or the bids are deemed excessive, the work may be done by the Sec- retary of Agriculture on his own account; and for such pur- posé the Secretary of Agriculture may purchase, lease, hire, rent, or otherwise obtain all necessary supplies, - materials, tools, equipment, and facilities required to perform the work. The appropriation made in this section or that may here- after be made for expenditure under the provisions of this section may be expended for the purpose herein authorized | and for the payment of wages, salaries, and other expenses for help employed in connection with such work. ’ Sec. 24. That in any State where the existing constitution © or laws will not permit the State to provide revenues for the — construction, reconstruction, or maintenance of highways, the Secretary of Agriculture shall continue to approve projects for said State, until three years after the passage of this Act, if he shall find that said State has complied with the provisions of this Act in so far as its existing constitution — and ‘laws will permit. : FepErRAL Arp Roap Acts 127 Sec. 25. That if any provision of this Act, or the applica- tion thereof to any person or circumstances, shall be held invalid, the validity of the remainder of the Act and of the application of such provision to other persons or circum- stances shall not be affected thereby. Sec. 26. That all Acts or parts of Acts in any way incon- sistent with the provisions of this Act are hereby repealed, and this Act shall take effect on its passage. Approved November 9, 1921. CHAPTER IV COUNTY COMMISSIONERS Sec. 2395. [County commissioners; election and term.] The board of county commissioners shall consist of three persons who shall be elected as follows: In the year 1920 three county commissioners shall be elected in each county. The two persons who receive the greatest number of votes shall hold their office from the third Monday of September, 1921, until the first Monday of January, 1925. The third one elected in 1920 shall hold office from the third Monday of September, 1921, to the first Monday of January, 1923. In November, 1922, and quadrennially thereafter, one commis- sioner shall be elected to take office on the first Monday of January following. In November, 1924, and quadrennially thereafter two commissioners shall be elected to take office on the first Monday of January following. Thereafter such offi- cers shall hold office for the term of four years and until their successors are elected and qualified. (R. S., Sec. 839; 108 v. Pt. II, 1300.) Sec. 2396. [Vacancy.] When a commissioner is elected to fill a vacancy occasioned by death, resignation, or re- moval, he shall hold his office for the unexpired term for which his predecessor was elected. (R. S. Sec. 841.) Sec. 2397. [Vacancy filled by election; appointment. ] If a vacancy in the office of commissioner occurs more than thirty days before the next election for state and county officers, a successor shall be elected thereat. If a vacancy occurs more than thirty days before such election, or within that time, and the interest of the county requires that the vacancy be filled before the election, the probate judge, auditor, and recorder of the county, or a majority of them (128) / CoUNTYy COMMISSIONERS 129 shall appoint a commissioner, who shall hold his office until his successor is elected and qualified. (R. S. Sec. 842.) Sec. 2398. [Absence six months vacates the office.] The absence of a commissioner from the county for a period of six months, shall be deemed to be a resignation of the office. _ (R. S. Sec. 843.) Sec. 2399. [Bond of county commissioners.| Before entering upon the discharge of his duties, each commissioner shall give a bond to the state in a sum not less than five thou- sand dollars, with two or more sureties, approved by the pro- bate judge of the county, conditioned for the faithful dis- charge of his official duties, and for the payment of any loss or damage that the county may sustain by reason of his failure therein. Such bond, with the oath of office and the approval of the probate judge endorsed thereon, shall be de- posited with the treasurer of the county and kept in his office. Such surety may be discharged in the manner provided by law for the release of sureties of guardians. (R. S. Sec. 844.) Sec. 2400. [Organization.] The board of county com- missioners shall organize on the third Monday of September of each year. The commissioner whose term first expires shall be president-of the board and shall preside at all regular and special sessions thereof. If the position of president be- comes vacant during the year, the board shall select one of its members to preside. (R. S. Sec. 848.) Tf on the third Monday of September of any year, when the board of county commissioners organizes under section 2400 G. C., there is then on such board a commissioner whose term first expires, such com- missioner shall be president of the board, and the members thereof are without authority in such a case to elect any other member as president. Attorney General, Opinion 2508, Oct. 24, 1921. Sec. 2401. [Regular sessions.] There shall be four reg- vlar sessions of the board of county commissioners each year, at the office of the commissioners-at the county seat, commencing, respectively, on the first Monday of March, 130 County COMMISSIONERS June, September, and December. At each meeting the board shall transact such business as required by law. (R. S. Sec. 846.) Sec. 2402. [Special sessions.] Special sessions of the board may be held as often as the commissioners deem it necessary. At a regular or special session, the board may make any necessary order or contract in relation to the building, furnishing, repairing or insuring the public buildings or bridges, the employment of janitors, the improvement or inclosure of public grounds, the maintenance or support of idiots or lunatics, the expenditure of any fund, or provide for the reconstruction or repair of any bridge destroyed by fire, flood, or otherwise, and do any other official act not, by law, restricted to a particular regular session. (R. S. Sec. 853. ) Sec. 2403. [Quorum.] A majority of the board shall constitute a quorum at any regular or special meeting. (R. S. Sec. 847.) Sec. 2405. [Proceedings; how conducted.] All the pro- ceedings of the board shall be public, at the office of the auditor, or the usual office of the commissioners, and, as far as possible, be in conformity with the rules of parlia- mentary law. (R. S. Sec. 849.) Sec. 2406. [Record of proceedings.] The clerk shall keep a full record of the proceedings of the board, and a gen- eral index thereof, in a suitable book provided for that. purpose, entering each motion with the name of the person making it on the record. He shall call and record the yeas and nays on each motion which involves the levying of taxes or the appropriation or payment of money. He shall state fully and clearly in the record any question relating to the power and duties of the board which is raised for its con- sideration by any person having an interest therein, together with the decision thereon, and shall call and record the yeas and nays by which the decision was made. When requested by a party interested in the proceedings or by his counsel, he 4 CouNTY COMMISSIONERS 131 shall record any legal proposition decided by the board, the decision thereon and the votes by which the decision was reached. If either party, in person or by counsel, except to such decision, the clerk shall record the exceptions with the record of the decision. (R. S. Sec. 850.) Sec. 2407. [Signing of record.] Immediately upon the opening of each day’s session of the board, the records of the proceedings of the session of the previous day shall be read by the clerk, and, if correct, approved and signed by the commissioners. When the board is not in session, the record book shall be kept in the auditor’s office, and open at all proper times to public inspection. It shall be duly cer- tified by the president and clerk, and shall be received as evidence in every court in the state. (R. S. Sec. 850.) Sec. 2408. [Liability of commissioners.] The board of county commissioners may sue and be sued, plead and be impleaded in any court of judicature, bring, maintain and defend all suits in law or in equity, involving an injury to any public, state or county road, bridge, ditch, drain or watercourse established by such board in its county, and for the prevention of injury thereto. The board shall be liable in its official capacity for damages received by reason of its negligence or carelessness in not keeping any such road or bridge in proper repair, and shall demand and receive, by suit or otherwise, any real estate or interest therein, legal or equitable, belonging to the county or any money or other property due the county. The money so recovered shall be paid into the treasury of the county, and the board shall take the treasurer’s receipt therefor and file it with the county auditor. (R. S. Sec. 845.) County commissioners have no power to bring an action to re- strain persons from obstructing township roads; since the power conferred by this section applies to state and county roads only; Law v. Leighty, 1 O. C. C. (N. S.) 431; sub nominee Low v. Leichty, 15 O. C, D. 240; Ritter v. Railway, 18 O. D. (N. P.) 846. If county commissioners enter into a contract to construct a public improvement, in consideration of the agreement of other persons to con- 132 County COMMISSIONERS tribute to the cost thereof, such agreement, though not enforcible against commissioners is, after performance by the commissioners, en- forcible against the parties who promise to make such contribution: Hassenzahl v.. Bevins, 2.0. C. C. (N. S.) 496, 14 O. C, D.-I7s. “If a bridge over a canal on a state or county toad is within the limits of a village, it is the duty of the village authorities, on learning of a hole in such bridge, to protect the public by barriers and signals until the county commissioners can be notified and can repair such bridge, but it is the duty of the commissioners, and not the duty of the village to make such repairs: Mooney v. St. Marys; 15 -@:> GE 446, 8 O. C. D. 341. ; The provision which makes the commissioners liable in their official capacity for injuries caused by failure to keep a bridge in repair is constitutional: Mehling vy. Commissioners, 6 O. N..P. 421. Sec. 2409. [Appointment of clerk.] If such board finds it necessary for the clerk to devote his entire time to the discharge of the duties of such position, it may appoint a clerk in place of the county auditor and such necessary as- sistants to such clerk as the board deems necessary. Such clerk shall perform the duties required by law and by the board. (R.S. Sec. 845.) Sec. 2410. [Employes.] The board may employ a super- intendent, and such watchman, janitors and other employes as it deems necessary for the care and custody of the court house, jail, and other county buildings, and of bridges, and other property under its jurisdiction and control. (R. S. Sec. 845.) Sec. 2411. [Employment of engineer.] When the serv- ices of an engineer are required with respect to roads, turn- pikes, ditches or bridges, or with respect to any other mat- ter, and when, on account of the amount of work to be per- formed, the board deems it necessary, upon the written re- quest of the county surveyor, the board may employ a com- petent engineer and as many assistant engineers, rodmen and inspectors as may be needed, and shall furnish suitable offices, necessary books, stationery, instruments and imple- ments for the proper performance of the duties imposed on them by such board. (R. S. Sec. 845.) CouUNTY COMMISSIONERS 133 Sec. 2412. [Employment of legal counsel; duties.] If it deems it for the best interests of the county, the common pleas court, upon the application of the prosecuting attorney and the board of county commissioners, may authorize the board of county commissioners to employ legal counsel tem- porarily to assist the prosec* ting attorney, the board of county commissioners or any other county board or officer, in any matter of public business coming before such board or offcer, and in the prosecution or defense of any action or proceeding in which such county board or officer is a party or has an in- terest, in its official capacity. (R. S. Sec. 845; 108 v. Pt. I, 251.) Sec. 2412-1. [Automobiles for county officials.] That, whenever the county commissioners are of the opinion that it is expedient to purchase one or more automobiles or other vehicles for the use of the county commissioners and county sheriff in order to facilitate the transaction of public county business, they shall adopt a resolution to that effect, and shall file an application in the court of common pleas, setting forth the necessity for such purchase, together with a state- ment of the kind and number of vehicles required and the estimated cost of each such vehicle. Ten days notice of the time of hearing such application shall be published in a newspaper of general circulation in the county. If upon such hearing of said application the court shall find that it is necessary and expedient to purchase one or more of such vehicles it shall so order, and shall fix the number and kind of such vehicles, and the amount to be expended for each. (107 v. 585.) Sec. 2412-2. [Use regulated by county commissioners. |] When purchased, such vehicle shall be for the use of the county commissioners and county sheriff, such use to be subject to regulation of the county commissioners, and such vehicles shall be used by each of such officials in lieu of hiring vehicles in the manner otherwise provided by law, unless the county vehicles are not available for such use, 134 County CoM MISSIONERS when vehicles are so purchased by the county commissioners, they may purchase such supplies as may be necessary. Any vehicles heretofore acquired and now owned by the county shall be used as herein provided. All such automobiles or — other vehicles shall be plainly and conspicuously lettered as the property of the county. No official or employe shall use or permit the use of any such automobiles or other vehicles or any supplies therefor, except in the transaction of public business of such county. (107 v. 586.) Sec. 2413. [Compensation.] The board of county com- missioners shall fix the compensation of all persons ap- pointed or employed under the provisions of the preceding sections, which, with their reasonable expenses shall be paid from the county treasury upon the allowance of the board. No provisions of law requiring a certificate that the money therefor is in the treasury shall apply to the appointment or employment of such persons. (R. S. Sec. 845.) Sec. 2414. [Proceedings as to expenditures.] No proposition involving an expenditure of one thousand dollars or more shall be agreed to by the board, unless twenty days have elapsed since the introduction of the proposition, unless by the unanimous consent of all the members present of the board, which consent shall be taken by yeas and nays and entered on the record. (R. S. Sec, 851.) This section is mandatory: State, ex rel:, v. Commissioners, 14 O. D. (N. P.) 228. This section applies to contracts for reconstructing and repairing bridges, entered into under G. C. §§ 5638 to 5644: State, ex rel., v. Commissioners, 14 O. D. (N, P.) 228. Sec. 2420; [Shall not be interested in contracts.] No commissioner shall be concerned, directly or indirectly, in any contract for work to be done, or material to be furnished for the county. For a violation of this section, a commissioner shall forfeit not less than two hundred dollars nor more than two thousand dollars, to be covered by a civil action in the name of the state for the use of the county. Such County COMMISSIONERS 135 commissioner shall also forfeit any compensation he was to receive on such contract. (R. S. Sec. 856.) Sec. 2460. No claims against the county shall be paid otherwise than upon the allowance of the county commis- sioners, upon the warrant of the county auditor, except in those cases in which the amount due is fixed by law, or is authorized to be fixed by some other person or tribunal, in which case it shall be paid upon the warrant of the county auditor, upon the proper certificate of the person or tribunal allowing the claim. No public money shall be disbursed by the county commissioners, or any of them, but shall be dis- bursed by the county treasurer, upon the warrant of the county auditor, specifying the name of the party entitled there- to, on what account, and upon whose allowance, if not fixed by law. (R. S. Sec. 894.) Claims arising under the action of the county surveyor, in the employment of labor, the leasing of machinery and tools, and the purchase of material, under the provisions of section 7198 G. C., must be allowed by the county commissioners, as provided for in section 2460 G. C., and the county auditor is not authorized in law to issue his warrant in favor of the claimants, without the county commissioners first having allowed said claims. Opinions of Attorney General, 1919, v. 1, p. 450. County commissioners may after the issue and sale of bonds abandon a road improvement project when it is found that the fund provided through such bonds for the doing of the work in accordance with original estimates is insufficient. In the event county commissioners discontinue such road improve- ment project, persons who have paid installments of an assessment made in connection with such improvement are to be reimbursed through allowance made and paid in accordance with sections 2460 and 2572 G, C. Opinions of Attorney General, 1920, v. I, p. 428. CHAPTER V ROAD CONSTRUCTION AND IMPROVEMENT BY COUNTY COMMISSIONERS Sec. 6860. [Location, alteration and vacation of roads.] The county commissioners shall have power to locate, estab- lish, alter, widen, straighten, vacate or change the direction of roads as hereinafter provided. This power extends to all roads within the county, except the inter-county and main market roads. (106 v. 574.) Proceedings for the vacation of a street, road or highway in an unincorporated village may be had in accordance with sections €860 G. C. et seq., unless such street, road or highway be part of an intercounty or main market road. Opinions of Attorney General, 1919, y. 2, p. 1104. Sec. 6861. [Width of roads.] All public roads here- after located and established by the county commissioners shall be of such width, not less than thirty feet, as may be determined by the county surveyor, subject to the approval of the county commissioners, as hereinafter provided. If such public road is established upon a county or state line, the county surveyor may, subject to the approval of the county commissioners, determine the width of the strip of land in such county to be used for such purposes, but such width shall not be less than fifteen feet. (106 v. 574.) Sec. 6862. [Petition for road improvement.] Applica- tions to locate, establish, alter, widen, straighten, vacate or change the direction of a public road shall be made by peti- tion to the county commissioners signed by at least twelve free holders of the county residing in the vicinity of the pro- posed improvement, which petition shall set forth the route and termini of the road, or part thereof, to be located, es- (136) CONSTRUCTION, IMPROVEMENT BY Co, COMMISSIONERS 137 tablished, or vacated, or the particular manner in which such road is to be altered, widened, straightened, or the direction thereof changed. When such road or proposed road lies wholly within any school district and is necessary for the convenience and welfare of the pupils in such district, the board of education of such district may, by resolution, peti- tion for such road. The word “improvement” used in sec- tions 6862 to 6878 inclusive of the General Code signifies any location, establishment, alteration, widening, straightening, vacation or change in the direction of a public road, or part thereof, as requested in a petition filed under the authority of such sections, or determined upon by a board of county commissioners or joint board by resolution adopted by unani- mous vote. (106 vy. 574; 107 v. 71.) Sec. 6863. [Consideration of petition; date of hearing.] The commissioners shall within ten days after such petition is filed consider the same, and they shall fix a date when they shall view the proposed improvement, and also a date for a final hearing thereon. [Bond of petitioners.] The county commissioners shall require the petitioners or some one or more of them, to enter into bond with sufficient sureties in favor of the state of Ohio, for the use and benefit of the county, and conditioned that the petitioners asking for such improvement will pay into the treasury of the county, the costs and expenses in- curred in the proceedings for such improvement, in case the prayer of such petition be not granted. (106 v. 575.) Sec. 6864. [Notice of view and hearing.] The com- missioners shall cause notice of the time and place for both such view and hearing to be given by publication once a week for three consecutive weeks in a newspaper published and having general circulation in the county where the pro- posed improvement is located, if there be any such news- paper in said county, but if there be no such paper published in said county, then in a newspaper having general circulation in said county. Such notice in addition to the date and 138 CoNstrucTion, IMPROVEMENT By Co, COMMISSIONERS place of such view and place and time of the final hearing on said petition, shall state briefly the object and prayer of the petition for such improvement. (106 v. 575.) Sec. 6865. [Plat and Survey.] If the commissioners, after the view of said proposed improvement, consider such improvement of sufficient public importance, they shall in- struct the county surveyor to make a suryey and plat of the same. The surveyor shall make a report in writing to said commissioners on or before the date fixed for the final hearing on said petition. Such report shall set forth the opinion of said surveyor either for or against the granting of such proposed improvement. In case the petition requests the location or establishment of a road, such report shall state the width to which said improvement shall be opened, which shall not be less than thirty feet. The report shall also recommend any changes in the improvement petitioned for, which in the judgment of the surveyor should be made, and this report together with a survey and plat of the im- provement shall be deposited by the county surveyor with the county commissioner. (106 v. 575; 107 v. 71.) Sec. 6866. [Action on report of surveyor.] The com- missioners shall at the date of the final hearing on said im- provement as hereinbefore fixed cause the report of the sur- veyor to be read, and they shall hear any testimony bearing upon the public utility of the improvement and offered either by the petitioners or by any interested persons opposing the granting of the improvement. If the commissioners find said improvement will serve the public convenience and wel- fare, they shall grant said improvement, if, not, they shall refuse the improvement and dismiss the petition. (106 v. 575, 107 -v.- FL.) Sec. 6867. [Grant or refusal of prayer; expense.] The county commissioners acting in the manner aforesaid, may grant the improvement prayed for in the petition, or may grant said improvement with such modification and changes as in their judgment the public convenience and welfare may eh CoNsTRUCTION, [IMPROVEMENT BY Co, CoMMISSIONERS 139 require, and in making such modifications or changes the commissioners may consider the expense which will result to individuals as well as the public . (106 v. 576.) Section €867 G. C. (105-106 O. L. 576) does not contemplate that county commissioners, in granting a petition for a proposed road, are to confine themselves to ordering minor changes only, in the proposed road as described in the petition, nor does it contemplate that the commissioners, as a condition to ordering changes other than minor changes, shall first secure the approval of the road petitioners. The test is, what changes, if any, are in the judgment of the commissioners, made necessary by the public convenience and welfare and a consideration. of the expense involved? Opinions of Attorney General, 1919, v. 1, p. 120. Sec. 6868. [Compensation and damages, how paid.] If in the opinion of the county commissioners the improvement is of sufficient importance to the public to cause the com- pensation and damages on account thereof to be paid to the. person or persons entitled thereto out of the county treasury they may so order. If in the opinion of the com- missioners the improvement is not of sufficient importance to cause the compensation and damages to be paid from the county treasury, they may order the compensation and dam- ages or such part thereof as they may deem reasonable and just to be paid by the petitioners and the balance, if any, to be paid out of the county treasury. When a portion of the compensation and damages is ordered paid by the petitioners, in case of failure to pay the same by the time fixed by the county commissioners, such petitioners shall be liable for all the costs of said proceedings and the commissioners may, at their option, abandon said improvement on failure of such petitioners to pay such compensation and damages as may be adjudged azainst them by the time fixed therefor. In case of failure by the petitioners to pay the cost adjudged against them, the same may be recovered in an action against them, by the prosécuting attorney of the county. (106 v. 576.) Sec. 6869. [Record of proceedings when improvement favored.] When on the final hearing thereon the find- 140 CoNsTRUCTION, IMPROVEMENT By Co, COMMISSIONERS ing of the county commissioners is in favor of an improve- ment, the county commissioners shall cause a record of the proceedings including the survey and plat of said proposed improvement to be entered in the proper road records of the county, provided, however, that in case of an appeal to the probate court no record of said improvement shall be made until the appeal shall have been finally disposed of. If the proceeding be one for the location or establishment of a road, the commissioners shall then cause said road to be opened up as established, and such road shall thenceforth be a public road, and shall be kept open, maintained and improved as provided by law. If the proceeding be one for the vacation of a road, the commissioners shall order said road vacated, and the same shall cease to be a public road. If the proceed- ing be one for the alteration, widening, straightening, or change in direction of a road, the commissioners shall make the order necessary to accomplish the purpose of the pro- ceeding. That part of the road, if any, made unnecessary by any change or alteration therein shall be ordered vacated. No road shali be opened up, however, until all compensation and damages allowed are paid. A county road or part thereof which remains unopened for seven years after the order establishing it was made or authority granted for open- ing it, shall be vacated, and the right to build it pursuant to the establishment in the original proceedinzs therefor, shall be barred. (106 v. 576; 107 v. 72.) Sec. 6870. [Notice of hearing for compensation and damages.] If the commissioners at their final hearing on said improvement order the same established, they. shal! fix a date for hearing claims for compensation and damages, and they shall forthwith cause notice in writing of the time and place of such hearing to be given to the owner or owners through or upon whose lands said improvement is to be es- tablished or located. Such notice shall be served by the county surveyor or his deputy or assistant on such owner or owners personally, or by leaving.a copy of the same at the CONSTRUCTION, IMPROVEMENT BY Co. COMMISSIONERS [41 usual place of residence of such owner or owners, at least five days before the time when claims for compensation and damages are to be heard. Return of the time and manner of service shall be made and filed with the county commissioners cn or before the date fixed for hearing such claims. (106 v. TC 101 ve 425) ; Sec. 6871. [Notice to non-residents.] If any person, firm or corporation, through or upon whose lands said im- provement is to be established, is a non-resident of the county, the commissioners shall cause a notice of the time and place of such hearing to be given to such non-resident owner or owners by publication once each week for two consecu- tive weeks in a newspaper published and having general cir- culation within the county, if there be any such newspaper published in said county, but if there be no such paper pub- lished in said county then in a newspaper having general circulation in said county. A copy of the newspaper contain- ing such notice shall be mailed by the clerk of the board of county commissioners to each non-resident of the county whose post office address is known to such clerk. (106 v. ORs LOT vs 725) Sec. 6872. [Application for compensation and dam- ages; hearing; award.] _ Application for compensation and damages shall be made in writing at any time before the date for hearing thereof, and any failure to make such appli- cation shall be a waiver of all rights thereto by every person interested therein except minors or other persons under dis- ability. The commissioners shall hear all applications for compensation and damages filed prior to the date fixed for such hearing, and shall award to each person making such application, the amount if.any, which they deem just and equitable. Said commissioners shall at the same time award to any minor, or other person under disability owning lands, through or upon which said improvement is located the amount, if any, which in their judgment is due such person for compensation or damages, notwithstanding no application 142 CoNSstTRUCTION, IMPROVEMENT BY Co. COMMISSIONERS has been made for compensation or damages on behalf of such minor, or other person under disability. (106 v. 577.) The purpose of the notice to abutting owners required by sections 6872 and 6873 is to give opportunity for claiming compensation for land taken, and while failure to give such notice might not prevent a property owner from thereafter claiming compensation, such failure does not deprive the county commissioners of authority to act, and in no wise affects the validity of the proceedings to establish the road. Harkness et al. v. St. Bernard, 26 C. C. N. S. 508. Sec. 6873. [Appeal to probate court.] If any person whose lands are taken is not satisfied with the allowance for compensation and damages or either, made by such commissioners, such person may appeal to the probate court of the county in the manner hereinafter provided. If the improvement has been established by order of a joint board of commissioners, an appeal may be taken in like manner to the probate court of any county in which said improvement or any part thereof is located. (106 v. 577.) Sec. 6874. [Procedure when improvement upon county line.] When the improvement petitioned for is along or upon a county line, or crosses such county line, a petition shall be filed with the commissioners of either county. The commissioners of such county shall within ten days cause a certified copy of such petition to be filed with the commis- sioners of the other county or counties interested, and the commissioners of the county where the original petition is filed shall fix a time and place for a joint meeting of the board of commissioners of the counties interested, and give due notice thereof, which meeting shall be within thirty days from the date of the filing of such petition. (106 v. 578.) Sec. 6875. [View in hearing by joint board.] The joint board of commissioners at such meeting shall fix a date when the joint board will view the proposed improvement, and the date of the final hearing thereon, and such pro- ceedings shall be thereafter had upon said petition by the joint board as though the proceedings were before a single CONSTRUCTION, IMPROVEMENT BY Co. CoMMISSIONERS 143 board as provided in the preceding sections of this act. A portion of said road may be located within one county when it is necessary to avoid some place on the county line where the construction thereof would be unusually expensive or difficult. (106 v. 578.) Sec. 6876. [Record of proceedings; copies to other counties.] The commissioners of the county in which the original petition is filed, shall cause a full and accurate record to be kept of the proceedings had upon such petition, and at the conclusion of the proceedings thereon shall certify a copy thereof to each of the counties interested, to be placed upon the proper road record of such counties. (106 vy. 578.) Sec. 6877. [Award in joint improvement.] The com- pensation and damages awarded in case of a joint improve- ment, together with the expenses thereof, shall be divided between the counties interested, as the joint board may agree and determine, and in case of failure to agree on the propor- tion which each county is to pay, the joint board shall certify that fact to the state highway commissioner who shall there- upon make such apportionment. (106 v. 578; 107 v. 73.) Sec. 6878. [Commissioners or joint board may declare for improvements; notice.]} The commissioners of any county or any joint board of commissioners of two or more ‘counties, at a meeting had for that purpose, may by resolution declare by unanimous vote their intention to locate, estab- lish, alter, widen, straighten, vacate or change the direction of any road, and such notice shall thereupon be given as is provided for upon the filing of a petition for such improve- men and like proceedings shall be had by such commissioners or joint board thereof as in the case of the filing of a petition before them asking for such improvement. (106 v. 578.) Sec. 6879. [How true line of road shall be found.] When the place of beginning the true course or boundaries of a road is uncertain by reason of the removal of any monument or witness by which such road was originally 144. CoNstrRucTION, IMPROVEMENT BY Co. CoMMISSIONERS designated or from the destruction of any record or from any other cause, the county commissioners of the county in which such road is located, shall, upon the filing of a petition signed by at least twelve freeholders of the county residing in the vicinity of such road, cause the county surveyor of the county to view and find the true line of such road. (106 v. 579.) Sec. 6879-1. [Notice of hearing upon the report of the surveyor; objections.] The county surveyor shall view and survey such road, and shall make a return of the survey and plat of the road to the county commissioners. Upon the filing of the report of the county surveyor, the commis- sioners shall cause notice of the filing of such report to be given by publication once each week for three consecutive weeks in a newspaper published and having general circula- tion in the county in which such road is situated, if there be any such paper published in said county, but if there be no such paper published in said county, then in a newspaper having general circulation in said county, and such notice shall state when the hearing will be had upon the report of the surveyor. If exceptions or objections are made, the commissioners shall hear the same, and they may approve or reject said report. If the report of the surveyor is ap- proved, the commissioners shall cause the same to be re- corded together with the survey and plat of such road. (106 v. 579.) Sec. 6879-2. [When civil action may be instituted to establish true course or boundary.] When the county surveyor is unable to ascertain the true course and boundary line of such road with certainty, the county commissioners may prosecute a civil action against the owners of the land abutting upon such road to ascertain and have the boun- daries of such road judicially established in one action. Any road, the true course of which is so surveyed and fixed as aforesaid, shall to the limits of such boundaries be a public highway. The surveyor and commissioners shall not have CONSTRUCTION, IMPROVEMENT BY Co, COMMISSIONERS 145 any power or authority under the two preceding sections to: change the line of any road from that which has been opened: up and used by the public for a period of seven years imme- diately preceding such application; but nothing herein shall be held to authorize any encroachment by abutting property owners on said road as opened up and used. (106 v. 579.) Sec. 6879-3. [True course of boundaries may be estab- lished by agreement; procedure.] Whenever the place of beginning, true course or boundaries of a road are un- certain by reason of the removal of any monument or wit- ness by which such road was originally designated, or from: the destruction of. any record or from any other cause, and the land owners adjacent thereto are able to agree on the true course and boundaries of such road, they may call upon the surveyor to make a true plat and description thereof,. and the same shall be signéd and acknowledged by such adjacent land owners, and placed upon the proper road records of the county, and thereafter the plat and description: contained therein shall constitute the true course and bounda- ries of such roads; provided, however, that such plat and de- scription shall first be approved by the county surveyor and county commissioners. In case said road is located in two or more counties the plat and description shall be approved’ by the board of commissioners of each county. (106 v. 579.) Sec. 6879-4. [Where petition filed when road located in two or more counties; joint meeting; procedure.] When any road, the true course of which it is sought to fix, estab- lish, and determine, is located in two or more counties, the petition hereinbefore provided for shall be filed with the com- missioners of either county interested. The commissioners of such county shall within ten days cause a certified copy of said petition to be filed with the commissioners of the other county or counties interested, and the commissioners of the county where the original petition is filed, shall call a joint meeting of the board of commissioners of the counties. in- 146 CONSTRUCTION, IMPROVEMENT BY Co. COMMISSIONERS terested, to be held within thirty days from the filing of such petition. Thereafter such proceedings shall be had by a joint — board as are provided for in the case of a petition filed with a single board: (106 v. 580.) Sec. 6880. [Petition by owner to change road running through his land; notice by publication.] If a person through whose land a public road has been established is de- sirous of turning or changing a road through any part of his land, he may file a petition with the county commissioners setting forth briefly the particular change in said road de- sired by him. Upon the receipt of such petition the com- missioners shall give notice by publication once not later than two weeks prior to the date for hearing on such petition jt some newspaper published in and of general circulation in said county, if there be any such paper published in said county, but if there be no such paper published in said county then in a newspaper having general circulation in said county, stating that such petition has been filed and setting forth the change desired in such road and the date and place for hear- ing on said petition. Provided, that where a public road was once established for public convenience through private lands, but has not been improved by public funds and for more than twenty-one years has been enclosed by~bars or gate; and where no easement has been given through such property by bargain or purchase, the owner of such land may file with the county commissioners a sworn statement of such disuse, and thereupon the road shall without further proceedings, be deemed to have been vacated by such disuse and neglect. (106 v. 580.) Sec. 6881. [Survey and report.] Upon the receipt of such petition, the county commissioners shall order the county surveyor to make a survey of the ground over which the road is proposed to be changed and to make a report in writing, together with a plat and survey of the proposed change and his opinion as to the advantage or disadvantage thereof. The report of such surveyor shall be filed with the CoNSTRUCTION, IMPROVEMENT BY Co, CoMMISSIONERS 147 commissioners prior to the hearing on the petition for such change. (106 v. 580.) ; Sec. 6882. [Hearing upon petition; finding.] At the hearing had upon such petition, the commissioners may hear evidence for, or against such change, and if they are sat- isfied that the proposed change will not cause serious injury or disadvantage to the public, they may make a finding of such fact in their journal and authorize the petitioner to change such road agreeable to the prayer of the petition. The commissioners shall have authority to grant the change as prayed for in the petition, or they may order such change of the route of such road as will in their judgment, be best for the interest of the public. (106 v. 580.) Sec. 6883. [Petitioner shall pay cost; bond.] Upon receiving satisfactory evidence that the road has been changed as granted by them, and opened to the legal width and im- proved as required by them, the commissioners shall declare such new road a public highway and cause a record thereof to be made and at the same time vacate so much of the old road as is rendered unnecessary by the new road. The per- son petitioning for such alteration or change shall in all cases pay all costs and expenses in connection with such proceeding as found and determined by the board of county commissioners, and the expense of making such change; and such petitioner shall, on the filing of the petition for such change, give bond to the satisfaction of such board in such amount as they may determine to secure the payment of the costs of said proceeding and to cover the expense of making the change called for by the proposed improvement. (106 v. 581.) Sec. 6883-1. [Petition by owner when change is located in two or more counties; proceedings by joint board.] {f the road which it is proposed to turn or change is located in two or more counties, the person desiring to make such change, may file his petition with the board of commissioners of either county, and such board of commissioners shall 148 Construction, IMPROVEMENT BY Co, COMMISSIONERS within ten days thereafter cause a copy of said petition to be certified to the commissioners of the other cotinty, or coun- ties, interested and shall at the same time fix a time not later than thirty days for a hearing upon such petition, and there- after such proceedings shall be had before the joint board of commissioners as are hereinbefore provided for in proceed- ings had before a single board. The joint board at its first meeting shall require said petitioner to file a hond to cover the costs of said proceeding, and the expense of the proposed change in such board [road.] (106 vy. 581.) Sec. 6884. [Majority vote required.] In all hearings before a joint board of commissioners, under the preceding sections, except as otherwise provided herein, a majority vote of the commissioners of each county shall be necessary ‘to establish any improvement. (106 v. 581.) Sec. 6884-1. [Adjournment of joint board; proceedings certified to other counties.] The commissioners of any county or joint board thereof may adjourn any hearings thereon, as the necessities of the case may require. Such adjournment shall in all cases be taken to a day. certain to be fixed by the commissioners, or joint board at the time of such adjournment. The proceedings of the joint board shall be certified to each of the counties interested therein. (106 ys H81;) Sec. 6885. [Appeal to probate court.] Any petitioner may appeal from the order of the board of commissioners, -or joint board thereof, dismissing or refusing to grant the prayer of the petition for an improvement. Any person in- terested may appeal from an order granting such improve- ment, Such appeal may be perfected in the manner here- inafter provided, and if the order appealed from be that of a joint board, an appeal may be taken to the probate court of any county in which said improvement or any part thereof is situated. (106 v. 581.) Sec. 6886. [Dedication of land for road purposes; pro- -ceedings.] Any person or persons may, with the ap- CONSTRUCTION, IMPROVEMENT BY Co. CoMMIsSIONERS 149 proval of the county commissioners, dedicate lands for road purposes. A definite description of the lands to be dedicated with a plat of the same thereto attached and signed by the party dedicating the same, with the approval and acceptance of the commissioners endorsed thereon, shall be placed upon the proper road records of the county in which such road is situated. Provided, however, that if the lands so dedicated contemplate a change in an existing road, the same proceed- ings shall be had thereon, after the commissioners by proper resolution approve and accept the lands for such purpose, as are provided for in cases where the commissioners by unani- mous vote declare their intention to locate, establish, widen, straighten, vacate or change the direction of a road without a petition therefor, but otherwise the proposal to dedicate land for road purposes together with the acceptance of the grant by the commissioners shall constitute the lands so dedicated a public road, without any further proceedings thereon. (106 v. 582.) Sec. 6887. [Petition to obtain road or outlet through lands of another.]| Any person, firm or corporation de- siring to secure a road, lane or outlet leading from any land owned by said person, firm or corporation, through the lands of another person or persons, to a public highway, may file a petition with the county commissioners describing the road, lane or outlet. so desired, and giving the respective names and places of ‘residence of the owner or owners of all the land through which the proposed road, lane or outlet will pass. (106 vy. 582.) Sec. 6888. [Notice of filing petition, service and proof of service.} The county commissioners shall give notice to such owner or owners of the filing of such petition, and the date and place of hearing thereon. Such notice shall be served on such owner or owners personally, or by leaving a copy of the same at the usual place or residence of such owner at least five days before the date of hearing on said petition. Proof of service of such notice shall be made by 150 CoNnstrucTION, IMPROVEMENT BY Co, CoM MISSIONERS affidavit of the person serving such notice. If any of the owners of lands through which the proposed road, lane or outlet will pass, are non-residents of the county, the com- missioners shall cause a notice to be given to such non-resi- dents by publication once each week for two consecutive weeks in a newspaper published and having general circula- tion within the county, if there be any such paper published in said county, but if there be no such paper published in said county then in the newspaper having general circulation in said county. A copy of the newspaper containing such notice shall be mailed by the auditor of the county to each non-resident land owner whose post office address is known to such auditor, Such notice shall state the time and place of hearing on claims for compensation and damages. (106 vi, 582.) Sec. 6889. [Application for compensation and dam- ages.] Application for compensation and damages shall be made in writing at any time before the date for hearing thereon. Any failure to make such application shall be a waiver of all rights thereto by every person interested therein, except minors, or other persons under disability. The com- missioners if in their opinion the road, lane or outlet peti- tioned for is necessary for the use of the petitioner, shall establish such road, lane or outlet; or they may establish a road, lane or outlet for the petitioner with such changes or alterations in the route or course thereof as they may deem necessary for the protection of the rights of other owners, and shall award to each person making such application the amount of compensation and damages which they deem to be just and equitable. Said commissioners shall at the same time award to any minor or other person under disability owning lands through which said road, lane or outlet passes, the amount which in their judgment is due such person for compensation or damages, notwithstanding no application has been made therefor on behalf of such minor or other person under disability. When the petitioner for said road, lane or CONSTRUCTION, IMPROVEMENT By Co. CoMMISSIONERS 151 outlet has paid to the owner or owners of lands through which said road, lane or outlet will pass, the amount found due them for compensation or damages by the county com- missioners, he shall have full right and authority to enter upon said premises and open up said road, lane or outlet, If any owner of premises through which said road, lane or out- let passes is not satisfied with the amount awarded him as compensation or damages by the county commissioners he may appeal to the probate court in the manner provided for in the chapter relating to appeals in road cases. (106 v. 583 ; 107 v;. 73.) Sec. 6889, This section relating to the establishment of private road- ways is at present defective in that it gives the county commissioners no discretion either on the question of necessity or on the question of the route to be followed, this defect having been recently pointed out _by the court of appeals of Ross county. The necessary correction has been made. Sec. 6906. [General powers relating to roads.] The board. of commissioners of any county shall have power, as hereinafter provided, to construct a public road by laying out and building a new public road, or by improving, recon- structing or repairing any existing public road or part thereof by grading, paving, draining, dragging, graveling, macadamiz- ing, resurfacing or applying dust preventives, or by other- wise improving the same. The county commissioners shall have power to alter, widen, straighten, vacate or change the direction of any part of such road in connection with the proceedings for such improvement. (106 v. 097; 107 v. 95.) Where a road improvement project undertaken under authority of sections 6906 et seq., is abandoned, the proceeds of bonds issued to provide funds for said improvement may not, in view of the provisions of sections 6929 and 5654 G. C., be used for other improvements. How- ever, under the provisions of sections 2976-18 et seg Co (108 Oi, part I, page 700), such proceeds, when transferred to the sinking fund, become ayailable for the purchase of a new issue of county road bonds, Opinions of Attorney General, 192), v. II, p. 910. Where county commissioners have granted a petition for road im- provement under sections 6906 et seq. G. C., they are not authorized 152 CoNstRUCTION, IMPROVEMENT BY Co. COMMISSIONERS either by section 6948-1 or elsewhere in the statutes, to enter into an arrangement with township trustees for, the latter to do the improve- ment work by force account. Opinions of Attorney General, 1920, v. Il, p. 968. Sec. 6907. [Petition by 51 per cent. of land-owners. | When a petition is presented to the board of commissioners of any county asking for’ the construction, reconstruction, im- provement or repair of any public road or part thereof, as hereinafter provided for, signed by at least fifty-one per cent. of the land or lot owners, residents of such county, who are to be specially taxed or assessed for said improve- ment as hereinafter provided, the county commissioners shall, within thirty days after such petition is presented, go upon the line of said proposed improvement and, after viewing the same, determine whether the public convenience and wel- fare require that such improvement be made. The petition shall state the method of paying the compensation, damages, costs and expenses of the improvement desired by the peti- tioners, who may request that the same be apportioned and paid in any one of the methods provided by section 6919 of the General Code. (106 v. 597; 107 v. 95.) Sec. 6908. [How number of signers ascertained.] Lot or land owners who are not otherwise taxed than to raise the proportion of the cost and expenses of said improvement to be paid by the township, or the county as a whole, shall not be considered as specially taxed, or assessed for said im- provement, and such persons shall not be counted either for or against the improvement in determining whether the re- quired number of persons have signed the petition for said improyement. (106 v. 597; 107 v. 96.) Sec. 6909. [What persons not counted.] In determin- ing whether the required number of persons have signed the petition asking for said improvement, necessary to give the county commissioners jurisdiction thereof, the following per- sons shall not be counted either for or agains‘ the improve- ment: CONSTRUCTION, IMPROVEMENT BY Co, CoMMISSIONERS 153. Resident land owners whose only real estate within the legal assessment distance of such road is located in a mu- nicipality ; Owners of life and leasehold estates; Minors, and other persons under legal disability, unless represented by legal guardians, in which case the action of such guardian shall be binding upon such persons; All tenants in common of any undivided estate, resident within the county, shall be counted as a unit, and if all are not united either for or against the improvement, none of such tenants in common shall be counted in determining whether the requisite number of persons have signed such petition ; No persons signiny a petition shall be permitted to with- draw therefrom unless the commissioners Or joint board thereof shall find that there was fraud or misrepresentation in obtaining his signature. (106 v, 597; 107 v. 96.) Sec. 6910. [Improvement without petition.] The county commissioners may, without the presentation of a petition, take the necessary steps to construct, reconstruct, improve or repair a public road or part thereof, as hereinbefore provided, upon the passage of a resolution by unanimous vote declaring the necessity therefor. The cost and expense thereof may be paid in any cone of the methods provided in section 6919 of the General Code, as may be determined by the county com- missioners in said resolution. (106 v. 598; 107 vy. 96.) Sec. 6911. [Route and termini of road, plans, etc.] When the board of commissioners has determined that any road shall be constructed, reconstructed, improved or re- paired, as herein provided for, such board, shall determine by resolution by unanimous vote, if acting without a petition, and by a majority vote, if acting upon a petition, the route and termini of such road, the kind and extent of the im- provement, and at the same time shall order the county sur- veyor to make such surveys, plans, profiles, cross-sections, estimates and specifications as may be required for such jm- 154 CoNSTRUCTION, IMPROVEMENT BY Co, COMMISSIONERS provement. The county commissioners may order the county surveyor to make alternate surveys, plans, profiles, cross- sections, estimates and specifications, providing therein for different widths of roadway, different materials or other similar variations, and approve all or any number of such alternate surveys, plans, profiles, cross-sections, estimates and specifications. The county surveyor may, without instructions from the county commissioners, prepare alternate surveys, plans, profiles, cross-sections, estimates and specifications, pro- viding therein for different widths of roadway, different mate- rials, or other similar variations. Where alternate surveys, plans, profiles, cross-sections, estimates and specifications are approved by the county commissioners or submitted by the county surveyor on his own motion the county commissioners and county surveyor shall after the opening of the bids agree which of such surveys, plans, profiles, cross-sections, ‘estimates and specifications shall be finally adopted for the construction _of the improvement. (106 v. 598; 107 v. 96.) If,. under éection 6911 G. C. the county surveyor has prepared alternate plans, ete., the vote of the three county commissioners is without effect to adopt plans, ete:, if the surveyor does not agree to such adoption. Opinions of Attorney General, 1919, v. 1, p. 862. If bids have been taken>’on several plans, then thz surveyor and county commissioners, after the opening of bids, must in the manner pointed out in the previous opinion (Attorney General Opinion, 1919, vol. I, page 862, construing Sec. 6911 G. C.) agree as to which plan and specification will be adopted; whereupon the duty of the surveyor ends except as the county commissioners may at their option and in their discretion see fit to call on the surveyor for advice. The type of improvement having been selected through the medium of agreeing on plans and specifications in the manner aforesaid, the right, duty and responsibility pass to the commissioners of ascertaining the lowest and best bidder from among the bidders who may have submitted proposals on the particular type of improvement selected. It is for the commis- sioners to decide whether they will ask the surveyor to express his opinion as to who is the lowest and best bidder. Attorney General, Opinion No, 2205, June 29, 1921. ConstrucTION, IMPROVEMENT BY Co, COMMISSIONERS 155 Sec. 6912. [Surveys; plans, estimates, notice.] Upon the completion of the surveys, plans, profiles, cross-sections, estimates and specifications for such improvement by the county surveyor, he shall transmit to the commissioners copies of the same; and thereupon, except in cases of reconstruc- tion or repair of roads, where no lands or property are taken, the county commissioners shall cause to be published in a newspaper published and of general circulation within the county, if there be any such paper published in said county, but if there be no such paper published in said county then in a newspaper having general circulation in said county, once a week for two consecutive weeks, a notice that such im- provement is to be made and that copies of the surveys, plans. profiles, cross-sections, estimates and specifications for said improvement are on file in the office of the county commis- sioners for the inspection and examination of all persons in- terested therein. Such notice shall also state the time and place for hearing objections to said improvement, and for hearing claims for compensation for lands and property to be taken for said improvement or damage sustained on account thereof. and that unless such claims are filed in writing with the county ecmmissioners on or before the time fixed for hearing said claims the same shall be waived, except as to minors and other persons under disability. (106 v. 598; 107 v. 97; 108 v. Pt. I, 500.) Sec. 6913. [Appropriation of property, notice.] In the event that land or property is to- be taken for such improve- ment, such notice shall state whose land or property is to be appropriated, and the county commissioners shall also cause such notice to be served at least ten days before said hearing on the owner of such piece of property to be appropriated. lf resident within the county, such service shall be made by the county surveyor or his deputy or assistant by handing to each person personally a copy of such notice, or by leaving the same at the usual place of residence of such person. If any Owner of Owners are non-residents of the county, a copy 156 CoNSTRUCTION, IMPROVEMENT BY Co, COMMISSIONERS of the newspaper containing such notice shall be mailed by the clerk of the board of county commissioners to each such owner whose property is to be taken, if his address be known to said clerk. Return of the time and manner cf service shall be made and filed with the county commissioners on or before the date fixed for hearing claims for compensation. (106 v. 598; 107 vy. 97.) Sec. 6914. [Claims for compensation and damages, how made.] All claims for damages sustained on account of, or incident to such improvement, and claims for compen- sation for land and property to be taken, shall be in writing, setting forth the amount of damages or compensation, or both, claimed, together with a description of the property to be taken cr damaged, and the same shall be filed with the board of commissioners of said county on or before the _ time fixed for hearing such claims. (106 v. 599.) Sec. 6915. [Award of compensation and damages.] The board of county commissioners shall upon actual view of the premises, allow compensation for land or property taken, and such damazes as in their judgment will accrue from the construction of said improvement, to each person, firm or corporation making application therefor as herein ' provided, and they shall award such compensation and dam- ages without any application to minors or other persons under disability, owning lands or preperty to be taken or damaged by the proposed improvement. Such compensation and dam- ages shall be computed withovt deduction for benefits to such land or property. (106 v. 599.) Sec. 6916. [Appeal to probate court; notice.] Any person, firm or corporation aggrieved by the finding of the commissioners upon any application: for compensation or damazes may appeal to the probate court by giving the no- tice provided for in the chapter of this act relating to ap- peals in road cases, and by filing the. bond therein provided, and such proceedings shall be thereafter had upon such ap- peal, as are provided for in said chapter. (106 y. 599.) qi 4 : ‘ ee et aa CONSTRUCTION, IMPROVEMENT BY Co, CoMMISSIONERS 157 Sec. 6917. [Order to, improve after hearing.] If, after hearing and determining all claims, for compensation and damages on account of land or property taken for said im- provement, or after the determination of such claims in the probate court on appeal, said board of commissioners is still satisfied that the public convenience and welfare require that such improvement be made, and that the cost and expense thereof will not be excessive in view of the public utility thereof, said commissioners shall order by resolution that they proceed with such improvement, and shall adopt the surveys, plans, profiles, cross-sections, estimates and specifica- tions therefor, as reported by the surveyor, or with such modifications thereof as the commissioners and surveyor may agree upon. (106 v. 599; 107 v. 98.) Sec. 6918. [Order to abandon improvement] If, in view of the amount of the compensation and damages al- lowed, said board of commissioners is of the opinion that said improvement should not be made, the commissioners shall so order. (106 vy. 599; 107 v. 98.) Sec. 6919. [Methods of apportionment, and payment ef costs, etc.] The compensation, damages, costs and expenses of the improvement shall be apportioned and paid in any one of the following methods, as set forth in petition: 1. Not less than thirty-five per cent. nor more than fifty per cent. thereof shall be paid out of the proceeds of any levy or levies-for road purposes upon the grand duplicate of all taxable property in the county, or out of any funds avail- able therefor; not less than twenty-five per cent. nor more than forty per cent. thereof shall be paid out of the pro- ceeds of any levy or levies for road purposes upon the tax- able property of any township or townships in which said improvement may be in whole or part situated; and the balance thereof, which shall not be less than twenty per cent. nor more than thirty-five per cent., shall be assessed against the real estate abutting upon said improvement, or the real estate situated within one-half mile of either side thereof, 158 ConsrructTion, IMPROVEMENT By Co, COMMISSIONERS or the real estate situated within one mile of either side thereof, according to the benefits accruing to such real es- tate; or, 2. Not less than one-half nor more than two-thirds thereof shall be paid out of the proceeds of any levy or levies for road purposes upon the taxable property of any township or townships in which such improvement may be in whole or part situated; and the balance thereof shall be assessed against the real estate abutting upon the improvement or against the real estate situated within one-half mile of either side of said improvement, or the real estate situated within one mile of either side thereof according to the benefits accruing to such real estate; or, 3. All or any part thereof shall be assessed azainst the real. estate abutting upon said improvement, or against the real estate situated within one-half mile of either side thereof, or against the real estate situated within one mile of either side thereof, or against the real estate situated within two miles of either side thereof, according to the benefits accruing to such real estate: and the balance thereof, if any, shall be paid by the county and the township or townships in which such improvement may be in whole or part situated, in such proportion as may be agreed upon between the county com- missioners and the trustees of such township or townships; or, 4. All or any part thereof shall be assessed against the real estate abutting vpon said improvement, or against the real estate situated within one-half mile of either side thereof, or against the real estate situated within one mile of either side thereof, or against the real estate situated within two miles of either side thereof, accordine to the benefits accruing to such real estate and the balance thereof, if any, shall be paid out of the proceeds of any levy or levies for road purposes upon the grand duplicate of all the taxable property in the county or from any funds in the county treasury available therefor. 4 By 4 : 4 A a a u “4 4 ee ae ae SF ee | LA a ee CoNSTRUCTION, IMPROVEMENT BY Co. CoMMISSIONERS 159 When the board of county commissioners acts by unanimous vote and without the filing of a petition, the commissioners shall set forth in their resolution declaring the necessity for the improvement, the method of apportioning and paying the compensation, damages, costs and expenses of the improve- ment, which may be any one of the methods above provided. (196 v. 600; 107 v. 98.) The expression “within one-half mile on either side thereof,” in section 6919 G. C., referring to road improvement and lands to be - assessed, means lands lying on the right and left of the road to be improved, and does not embrace lands bordering on the “far side” of another road which the improved road meets at right angles. Opinions of Attornéy General, 1919, v. 1, p. 481. Sec. 6920. [Assessment of property separated from im- provement.] Where property is separated from an im- provement by a canal, street or interurban railway, steam rail- way or in any other similar manner, such property shall be regarded for the purpose of assessment under the road im- provement laws as property abutting upon said improve- ment; and both the land owned or occupied by such street; interurban or steam railway and the land lying back thereof shall be assessed on account of said improvement in the man- ner provided by law, (106 v. 601; 107 v. 99.) Sec. 6921. [When all costs may be paid by county. Agreement with townships to pay proportion.] The county commissioners, or joint board thereof, upon a unan- imous vote, may without a petition therefor, order that all the compensation and damages, costs and expenses of construct- ing any improvement be paid out of the proceeds of any levy or levies for road purposes on the grand duplicate of the county, or out of any road improvement fund available therefor, or the county commissioners or joint board thereof, may enter into an agreement with the trustees of the town- ship or townships in which said improvement is in whole or part situated, whereby said county and township, or one or more of them may pay such proportion or amount of the 160 Construction, IMPROVEMENT BY Co. COMMISSIONERS damages, costs and expenses as may be agreed upon between them. (106 v. 601.) Subject to the consent of the municipality, whether city or village (section 6949 G. C.) township trustees may under authority of section 6921 G, C. enter into an agreement with county commissioners for the improvement of city or village streets lying along the line of inter- county highways and county roads, and for the purposes of such agree- ment may make use of funds arising from levy under section 3298-15d G. C. Authority to make such use is not affected by the fact that the trustees have also made the road district tax levy mentioned in sec- tion 3298-44 G. C. : 3 Opinions of Attorney General, 1920, v. II, p. 947. Sections 6906 to 6953 General Code, providing for road improve- ments under the supervision of county commissioners, contemplate that one road, or part thereof, shall be the basis of the improvement proceedings, hence, where it is proposed to improve five different county roads at the expense of the county as provided in section 6921, funds to be obtained by the issue of bonds as provided in section 6929, the entire improvement proceedings, including the issue and sale of bonds, should be separate as to each road. Opinions of Attorney General, 1919, v. 1, p, 278. Sec. 6921-1. [Compensation, damages, etc., how paid; bond issue.] Where the compensation, damages, costs and expenses of an improvement, other than the portion thereof, if any, to be specially assessed against benefited real estate, are to be paid in part by the county and in part by the township or townships in which such improvement is situated, under an agreement between the county commissioners and the trustees of such township or townships entered into under the provisions of section 6919 or section 6921 of the General Code, the part of such cOmpensation, damages, costs and ex- penses to be paid by the interested township or townships may be paid from the proceeds of any levy or levies made by the county commissioners under section 6927 of the General Code or from the proceeds of any levy or levies made by the town- ship trustees under section 3298-15d of the General Code. Where bonds are issued to provide funds for any such im- provement, the shares of the county and of the township or « ee Oe ee aye ee SP pe ee a. . | . i /. ? c CONSTRUCTION, IMPROVEMENT BY Co. CoMMISSIONERS 161 townships and of the real estate specially assessed, if any, may be provided by a bond issue by the county commissioners under authority of section 6929 of the General Code; or in lieu of such method of providing the necessary funds, the county commissioners may issue bonds under authority of section 6929 of the General Code in an amount sufficient to provide the shares of the county and of the real estate specially assessed, if any, and the remainder of the necessary funds, being the share of the interested township or town- ships, may be provided by the township trustees by an issue of bonds under authority of section 3298-l5e of the General Code. All bonds heretofore issued by any board of township trustees under authority or assumed authority of section 3295 or section 3298-15e of the General Code, which have been sold for not less than par and accrued interest and the proceeds of which have been paid into the treasury of the township issuing the same and which bonds were sold for the purpose of providing the township’s share of the compensation, dam- ages, costs and expenses of any improvement to be con- structed under an agreement between the county commis- sioners and the trustees of such township, shall be held to be legal, valid and binding obligations of the township issuing the same and the proceeds of such bonds shall be used for paying the township’s share of the compensation, damages, costs and expenses of such improvement. Where the town- ship trustees of any township under authority or assumed authority of section 3295 or section 3298-l5e of the General Code or the related sections, have initiated proceedings for the issuance of bonds for the purpose of paying the town- ship’s share of the compensation, damages, costs and ex- penses of any such improvement, such proceedings shall be held to be legal, valid and binding upon such township and shall be carried to a conclusion under the provisions of the sections under which said proceedings were initiated, and the township trustees shall be authorized to do any and all 162 CoNSTRUCTION, IMPROVEMENT BY Co, COMMISSIONERS things necessary in the completion of said proceedings and in the issuance and sale of said bonds, which bonds shall be legal, valid and binding obligations of the township, and the proceeds thereof shall be used for paying the township’s share of the compensation, damages, costs and expenses of said im- provement. (108 vy. Pt. IT, 1240.) Sec. 6922. [Estimated assessments by surveyor, notice; objections.] As soon as all questions of compensation and damages have been determined, the county surveyor shall make, upon actual view, an estimated assessment upon the . real estate to be charged therewith of such part of the com- pensation, damages, costs and expenses of said improvement as is to be specially assessed, Such estimated assessment shall be according to the benefit which will result to such real estate. In making such .estimated assessment the surveyor may take into consideration any previous special assessments niade upon such real estate for road improvements. The schedule of such estimated assessment shall be filed in the office of the county commissioners for the inspection of the persons interested. Before adopting the estimated assess- ment so made and reported, the commissioners shall publish once each week for two consecutive weeks in some news- paper published and of general circulation in the county, if there be any such paper published in the county but if there be no such paper published in said county then in a news- paper having general circulation in said county, notice that such estimated assessment has been made, and that the same is on file in the office of the county commissioners, and the date when objections, if any, will be heard to such assess- ment. If any owner of property affected thereby desires to make objections, he may file his objections to said assessments in writing with the county commissioners before the time for said hearing. If any objections are filed the county commis- sioners shall hear the same and act as an equalizing board, and they may change said assessments if, in their opinion, any change is necessary to make the same just and equitable, CoNSTRUCTION, IMPROVEMENT BY Co. COMMISSIONERS 163 and such commissioners shall approve and confirm said assessments as reported by the surveyor or modified by them. Such assessments, when so approved and confirmed, shall be a lien on the land chargeable therewith. (106 v. 601; 107 v. 99.) Where road improvement proceedings, undertaken by county commis- — sioners, are abandoned prior to the letting, of a contract but sub- sequent to the coming into the county treasury of accruals from an assessment made by virtue of sections 6922 and 6923 G. C. the proceeds of a sale of bonds in said proceedings having been placed in the sinking fund for the redemption of such bonds, — HELD, That the county should repay to the persons who originally paid them to the county the installments of such assessment, without reference to whether there has been a sale of the affected tract subsequent to the attaching of the lien of the assessment. Opinions of Attorney General, 1919, v. 1, p. 1016. 1. The road improvement assessments mentioned in sections 6922 and 1214 G. C. may be paid in installments only and not as a lump sum, unless the tender of payment in. lump includes interest on the assessments in full from date of issue to date of maturity of. bonds issued in anticipation of such assessments, rate of interest to be the same as that named in the bonds. 2. The assessment referred to in section 1214 G. C. is not to be made before bonds are issued under section 1223 G. C., but is to be made upon cempletion of the work and apportionment of the cost by the state highway commissioner as directed by section 1211 G. C. (Opinicn of Attorney General of date July 3, 1916, Opinions of Attorney General 1916, p. 1141. not followed.) Op'nions cf Attorney General, 1919, v. 2, p. 1567. Sec. 6923: [Special assessment duplicate.] All assess- ments, with interest accrued thereon, made under the pro- visions of this chapter, shall be placed by the auditor upon a special duplicate to be collected as other taxes, and the prin- cipal shall be payable in not more than twenty semi-annual installments extending over a period of not more than ten years, as determined by the county commissioners. In the event that bonds are issued to pay the compensation, damages, ecsts and expenses incident to such improvement, the prin- cipal sum of such assessments shall be payable in such num- 164 CoNsrrucTION, IMPROVEMENT BY Co, COMMISSIONERS ber of equal semi-annual installments as will provide a fund for the redemption of the bonds so issued, and such assess- ments shall bear interest from the date of and at the same rate as the bonds, and the interest shall be collected in like manner as the principal of such assessments. (106 vy. 602; 107 v. 100.) County auditors are not entitled to any fees whatsoever in connec- tion with the collection of county road assessments. County treasurers are entitled to fees of one-half of one per cent on the amount of such collections, to. be paid upon the warrant of the county auditor upon the general fund of the county, and not deducted from the special assess- ments. Opinions of Attorney General, 1920, v. I, p. 22. Sec. 6924 repealed. Sec. 6925. [Apportionment between life estate and fee.] If any lands to be assessed are subject to a life estate, the assessments made thereon shall, upon application of the life tenant to the commissioners, be apportioned between the owner of the life estate and the owner of the fee in proportion to the value of their respective estates. Upon the filing of the application the commissioners shall fix a date for hearing the same and cause notice of such hearing to be served on the owner of the fee in the manner provided by section 6913 of the General Code. Either party to such apportionment may appeal to the probate court of the county from the de- cision of the commissioners relating to the apportionmeny of such assessment by giving the notice provided for in section 6891-1 of the General Code and by filing the bond provided for therein, and such proceedings shall be thereafter had upon such appeal as are provided for appeals in road cases. (106 v. 603; 107 v. 100.) Sec. 6926. [County’s proportion how paid, tax levy.] The proportion of the compensation, damages, costs and ex- penses of such improvement to be paid by the county shall be paid out of any road improvement fund available therefor. For the purpose of providing by taxation a fund for the pay- i ee ri 3, Lied we fot ve siete ee Ea ee ey is a » aie Ss ee ee Se a.) eer ; : y b, ; 4 , , CONSTRUCTION, IMPROVEMENT BY Co, COMMISSIONERS 165 ment of the county’s proportion of the compensation, dama- ges, costs and expenses of constructing, reconstructing, im- proving, maintaining, and repairing roads under the provi- sions of this chapter, the county commissioners are hereby authorized to levy annually a tax not exceeding two mills upon each dollar of the taxable property of said county. Said levy shall be in addition to all other levies authorized by law for county purposes, and subject only to the limita- tion on the combined maximum rate for all taxes now in force. (106 v. 603; 107 v. 100.) Subject to the prior consent of the village as provided by section 6949 G. C. the proceeds of the levy authorized by section 6926 G. C., may be directly expended by county commissioners in the improvement of a village street or part thereof, not theretofore improved by the State Highway Commissioner, and lying-on the line of! an inter-county highway. Question whether county commissioners may make like ex- penditure on village street if already improved by State Highway Com- missioner, not passed upcn.. (Second conclusion in opinion No. 1182, dated April 27, 1920, revised.) Opinions of Attorney General, 1920, v. II, p. 911. Funds accruing from levy under section 6926 G. C. to the extent that no contractual obligations exist against them, are subject to use by county commissioners fur payments which the commissioners are au- thorized by sections 1208-5 G. C. (108 O. L., part I, page 550) to make in reimbursement of road contractors. Opinions of Attorney General, 1920, v. II, p. 941. 1. The proceeds of the tax levy authorized by section 6926 G. C. may be expended by county commissioners in the improvement of such sections of an inter-county highway within the county as have not be- come subject to maintenance by the siate as provided by sections 1224, 7464 and 7465 G. C. 2. The proczeds of the levy authorized by said section 6926 G. C, may not be expended by county commissioners in the improvement of a village street lying on the line of an inter-county highway. (Second conclusion in this opinion revised. See Opinion No, 1531, dated August 30, 1920.) Opinions of Attorney General, 1920, v. I, p, 497. The county commissioners may issue bonds under section 6929 G. C. for a specific improvement, but not otherwise, without having . 166 CoNstTRUCTION, IMPROVEMENT BY Co, COMMISSIONERS made as yet any levy for the county road improvement fund under section 6926 G. C. or its supplementary sections. In issuing such bonds, however, the. commissioners must, by resolution, bind them- selves and their successors to make the ‘anticipated levies to the extent necessary for interest and sinking fund purposes in connec- tion with the bonds and to make the underlying levy spoken of in section 6929 for the purpose of guaranteeing the collection of the township taxes and special assessments anticipated. It then becomes incumbent upon the commissioners and their successors to raise by taxation or otherwise a sufficient amount during the years covered .by the bonds to meet.the interest and sinking fund charges thereon. This duty may be enforced -by mandamus. Opinions of Attorney General, 1919, v. II, p. 1573. Sec. 6926-1. [Submission of question of exemption of two mill levy from tax limitations.] The county com- missioners of any county may, and upon the petition of qualified electors of the county in a number equal to at least five per cent of the number of votes cast therein at the last preceding general election of state and county officers, shall by resolution submit to the electors of such county at the first ensuing November election that occurs more than forty days after the adoption of such resolution, the question of ex- empting from all tax limitations the levy of two mills pro- vided by section 6926 of the General Code for the purpose of paying the county’s proportion of the compensation, damages, costs and expenses of constructing, reconstructing, main- taining and repairing county roads, or the question of so ex- empting a part of such levy, such exemption to continue for a definite term of years not exceeding ten. When such ques- tion is submitted upon the petition of electors, such petition shall state the portion of the levy to be so exempted and the number of years during which such exemption shall con- tinue, and these matters set forth in the petition shall also be set forth in like manner in the resolution adopted by the county commissioners pursuant thereto. Where such ques- tion is submitted by the commissioners without the filing of a petition by electors, such resolution shall state the portion of the levy to be so exempted and the number of years during CoNSTRUCTION, IMPROVEMENT BY Co, COMMISSIONERS 167 which such exemption shall continue. The petition and reso- lution, or the resolution where the commissioners act without a petition being presented, may also state the part of such levy so to be exempted to be used for constructing and im- proving county roads and the part of such levy so to be ex- empted to be used for maintaining and repairing county roads, in which event the proceeds of any such levy exempted by vote of the electors of the county shall be expended in ac- cordance with such division. The board of county commis- sioners, upon the adoption of such resolution by a majority yote of all the members elected or appointed thereto, shall cause a copy of such resolution to be certified to the deputy . state supervisors and inspectors or the deputy state-super- visors of elections of the proper county. (108 v. Pt. I, 500.) Sec. 6926-2. [Preparation of ballots; notice of election. ] Such proposition shall be submitted to the electors of such county at the first ensuing November election that occurs more than forty days after the adoption of such: resolution. The deputy state supervisors and inspectors or deputy state supervisors shall prepare the ballots and make the necessary arrangements for the submission of such question to the elec- tcrs of such county, and the election shall be governed in all! respects by the general election laws of the state and shall be conducted, canvassed arid certified in like manner except as otherwise provided by law as regular elections in such county for the election of officers thereof. The county commission- ers shall cause to be published for two weeks in two news- papers of general circulation and of the two dominant politi- cal parties published in the county if there be any such papers published in such county, but if there be no such papers pub- lished in such county, then in two newspapers having general circulation therein, notice of such election, which notice shall state the portion of such levy to be exempted from all tax limitations, the number of years during which such exemp- tion is to continue in force, the division of such levy between 168 CoNstRUCTION, IMPROVEMENT By Co, CoMMISSIONERS construction and improvement purposes and maintenance and repair purposes, if any, and the time and place of holding the election. The form of the ballots cast at such election shall be: “For an additional levy of taxes for the purpose of con- structing, reconstructing, maintaining and repairing county roads not exceeding........ mills, for not ito. exceed anaes, years. Yes.” “For an additional levy of taxes for the purpose of con- structing, reconstructing, maintaining and repairing county roads not’ exceeding........ mills, dor not to exceed... .2..% years.) Nios (108 v. Pt. I, 501.) Under the terms of section 6926-2 (108 O. L. 501) an insertion of notice of election once a week for two weeks in each of two news- papers is sufficient. Opinions of Attorney General, 1920, y. I, p. 417. Sec. 6926-3. [Result of election.] The ballots shall be marked as is provided by law with reference to other ballots and the results of such election shall be certified by the deputy state supervisors and inspectors or the deputy state su- pervisors of elections to the county commissioners of such county. If a majority of the electors voting thereon at such election vote in favor of such levy or levies, it shall be law- ful to levy taxes within such county at a rate not to exceed such increased rate for and during the period provided for in such resolution, such taxes to be in addition to such other taxes for the same purposes as may be levied subject to any limitation prescribed by law upon the combined maximum rate for all taxes, and the taxes so levied pursuant to such vote of the electors shall be in addition to all other levies made for any purpose or purposes and the same shall not be construed as limited, restricted or decreased in amount or otherwise by any existing law or laws. (108 y. Pt. I, 502.) Sec. 6926-4. [Authority to borrow in anticipation of tax collection.) In any county where the question of bias a q | ale es ee Be ek ee oe Ss 4.9 .< t: CONSTRUCTION, IMPROVEMENT BY Co, CoMMISSIONERS 169 exempting from all tax limitations the levy of two mills pro- vided by section 6926 of the General Code or the question of so exempting a part of such levy has been submitted to the electors, as provided in sections 6926-1 to 6926-3 of the Gen- eral Code, and a majority thereof have voted in favor of such levy, the county commissioners may, if they deem it advisable, anticipate the collection of such tax by borrowing, in any year during the period within which such tax may be levied, not more than fifty per cent of the amount which will be yielded by such levy for one year. The county commis- sioners may issue certificates of indebtedness for all amounts so borrowed, at such rate of interest as they may deem. necessary, and of the entire amount borrowed at least one-half shall be paid out of the first semi-annual collection of taxes so to be levied, and the remainder out of the second semi- annual collection of such taxes. It shall not be necessary to the exercise of the power herein conferred that the commis- sioners, before issuing such certificates of indebtedness, de- termine the manner or place of expenditure of the proceeds thereof. The power herein conferred shall be in addition to the power now existing to issue bonds under section 6929 of the General Code in anticipation of the collection of such exempted levies. (108 v. Pt. II., 1184.) Sec. 6927. [Township’s proportion how paid, tax levy.] For the purpose of providing by taxation a fund for the pay- ment of the proportion of the compensation, damages, costs and expenses of such improvement to be paid by the town- ship or townships interested, in which such road may be in whole or part situated, the county commissioners are hereby authorized to levy a tax not exceeding three mills in any one year upon all the taxable property of such township ot townships. Such levy shall be in addition to all other levies authorized by law for township purposes, and subject only to the limitation on the combined maximum rate for all taxes now in force. (106 v. 603; 107 y. 101.) 170 CoNsTRUCTION, IMPROVEMENT BY Co, CoM MISSIONERS Sec. 6928. [Preceding sections apply when.] The pro- visions of the preceding sections shall apply to the proportion of the compensation, damages, costs and expenses of any im- provement to be paid by any county or township in the case the road improvement is authorized and constructed by any jcint board of commissioners, or by agreement entered into between such joint board and the trustees of any one or more townships. (106 v. 603; 107 v. 101.) Sec. 6929. [Compensation and damages, bond issue for, authorized in anticipation of collection; tax levy.] The county commissioners, in anticipation of the collection of such taxes.and assessments, or any part thereoi, may whenever, in their judgment it is deemed necessary, sell the bonds of said county in any amount not greater than the aggregate sum necessary to pay the estimated compensation, damages, costs and expenses of such improvement. Such bonds shall state for what purpose they are issued and shall bear interest at a rate not to exceed six per cent per annum, payable semi- annually, and in such amounts and to mature at such times as the commissioners shall determine, subject to the provision however that said bonds shall mature in not more than ten years. Prior to the issuance of such bonds the county com- missioners shall provide for the levying of a tax upon all the taxable property of the county to cover any deficiencies in the payment or collection of any township taxes, or any deficiencies in the levy, payment or collection of any special assessment, anticipated by such bonds. The sale of such bonds shall be advertised once not later than two weeks prior to the date fixed for such sale in an English newspaper published and of general circulation within such county, if there be an English newspaper published in said county, but if there be no such paper published in said county then in an English newspaper having general circulation in said county. Such bonds shall be sold to the highest bidder for not less than par and accrued interest. The proceeds of such bonds shall be used exclusively for the payment of the compensation, damages, costs and ex- CoNSTRUCTION, [MPROVEMENT By Co, CoMMISSIONERS 171 penses of the improvement for which they are issued. The making of the special assessments hereinbefore referred to shall not be a condition precedent to the issuance of bonds under the provisions of this section, and such special assess- ments may be made either before bonds are issued under the provisions of this section or after the issuance of such bonds. (106 v. 603; 107 v. 101; 109 v. 166.) Sec. 6930. [Improvement in two or more counties.] When the proposed improvement is in two or more counties or along the county line between two or more counties in this state, the petition may be filed with the county commissioners of any one of said counties. The commissioners with whom said petition is filed shall cause a certified copy thereof to be filed with the commissioners of each of the other counties in which some part of the proposed improvement is situated. (106 y. 604; 107 v. 102.) The old statute relating to joint county road improvements contains many inaccuracies and omissions. This matter is cleared up in _ sec- tions 6930 to 6941. No radical changes have been made, but the same have been rewritten so as to eliminate inconsistent provisions and furnish all the necessary legal machinery. Sec. 6931. [Action by joint board on petition.] The several boards of county commissioners shall meet as a joint board at the time and place designated by the commissioners of the county where the original petition is filed. The time so designated for said joint meeting shall be within thirty days from the date of the filing of the petition. Such joint board shall determine whether the petition has been signed by the requisite number of land owners who are to be specially as- sessed for such improvement, and they shall thereupon go upon the line of such road and shall jointly act in the same manner as though the proceedings were had before a single board as hereinbefore provided. A majority of such joint board may order the construction of such road, but such ma- jority shall be composed of at least one commissioner from 172 CoNSTRUCTION, IMPROVEMENT BY Co, COMMISSIONERS each county in which the improvement is located. (106 v. 604; 107 v. 102.) Sec. 6932. [Improvement without petition.] The boards of county commissioners of two or more counties, acting as a joint board, may, by a resolution passed by a unanimous vote, order the construction, reconstruction, im- provement or repair of any road located in said counties or along the line between said counties, and they shall there- upon proceed with said improvement as if it were constructed upon a petition filed therefor. (106 v. 604; 107 v 102.) Sec. 6933. [Joint board to appoint surveyor.] After the joint board has granted said improvement, they shall ap- point a county surveyor of one of the counties interested, who shall make such surveys, plans, profiles, cross-sections, estimates and specifications as are necessary and transmit copies of the same to the several boards of county commissioners interested in said improvement. If a majority of the jaint board is unable to agree as to the appointment of a county surveyor, the joint board shall thereupon certify that fact to the state highway commissioner who shall designate a county surveyor of one of the interested counties to act in the premises. (106 v. 604; 107 v. 102.) Sec. 6934. [Method of payment and proportion of cost.] When a joint board is proceeding upon a petition, the com- pensation, damages, costs and expenses of the improvement shall be apportioned and paid in the method specified in the petition which may be any one of the methods provided by section 6919 of the General Code. When a joint board acts by unanimous vote and without the filing of a petition, they shall set forth in their resolution declaring the necessity for the improvement, the method of apportioning and paying the compensation, damages, costs and expenses of the improve- ment, which may be any one of the methods provided by section 6919 of the General Code. The joint board shall also determine the prcportion of the compensation, damages, costs and expenses of such improvement to be paid by each of the CONSTRUCTION, !MPROVEMENT BY Co, CoMMISSIONERS 173 several counties interested therein. The county commission- ers of each interested county shall with the assistance of the county surveyor thereof make the assessments against the real estate within said county to be charged therewith of the pro- portion of the compensation, damages, costs and expenses of said improvement to be raised by special assessment against the benefited real estate within such county. In making such assessments like notice shall be giverf and the same _ pro- ceedings had by each interested board of county commis- sioners as in the case of improvements wholly within one ‘county. (106 y. 605; 107 v. 102.) Sec. 6935. [When state highway commissioner makes apportionment.] In case the joint board of county com- missioners cannot agree on the apportionment of the com- pensation, damages, costs and expenses of the improvement between the several counties interested therein, the joint board of county commissioners shall certify that fact to the state highway commissioner who shall thereupon make such appor- ticnment. (106 v. 605; 107 v. 103.) Sec. 6936. [Notice of improvement and place of hearing by joint boards.] As soon as the county surveyor ap- pointed for that purpose has transmitted to the several boards of county commissioners copies of his surveys, plans, profiles, cross-sections, estimates and specifications for. such improve- ment, the joint board of county commissioners shall, except in cases of reconstruction or repair of roads, where no lands or property are taken, fix a time and place for hearing objec- tions to said improvement and claims for compensation for lands and property to be taken for said improvement, or dam- ages sustained on account thereof. The joint board of county commissianers shall thereupon, except in cases of recon- struction or repair of roads, where no lands or property are taken, cause to be published in a newspaper of general cir- culation within each of the interested counties, if there be such papers published in said counties, but if there be no such paper published in any of said counties, then in a newspaper 174 CoNnstrUcTION, IMPROVEMENT BY Co, COMMISSIONERS having general circulation therein, once a week for two con- secutive weeks, a notice that such improvement is to be made and that copies of the surveys, plans, profiles, cross- sections, estimates and specifications therefor are on file in the office of the county commissioners of each interested county for the inspection and examination of all persons interested therein. Such notice shall also state the time and place for hearing objections to said improvement and, for hearing claims for compensation for lands and property to be taken for said improvement or damages sustained on account thereof, and that unless such claims are filed in writing with the joint board of county commissioners at the place fixed for such hearing and on or before the time fixed for hearing said claims, the same shall be waived except as to minors and other persons under disability. In the event that land or property is to be taken for such improvement, such notice shall state whose land or property is to be appropriated and shall be served in the manner provided by section 6913 of the General Code. (166 v. 605;.107 v. 103; 108 v. Pt. I, 502.) Sec. 6987. [Allowance of claims filed by joint board.] The joint board of county commissioners shall fix and allow such compensation and damages as in their judgment will accrue for land taken or land affected by said improvement, to all persons filing claims therefor, and shall make allow- ance for such compensation and damages as will accrue to minors and other persons under disability, even if no claims for compensation or damages have been filed. (106 y. 606.) Sec. 6938. [Appeal to probate court.] In case any lot or land owner is not satisfied with the compensation or dam- ages allowed to him, he may appeal from the finding of the joint board of commissioners upon the question of compen- sation or damages or either, to the probate court of the county in which the land or some part thereof is located, in like manner as if the improvement is under the control of a single county. All provisions of the statutes relating to appeals in CoNSTRUCTION, IMPROVEMENT BY Co. COMMISSIONERS 175 the case of an improvement within a single county, shall ap- ply in case of an improvement by a joint board. (106 v. 606.) Sec. 6939. [Adoption of surveys, etc., by joint board.] After all questions relating to compensation and damages have been disposed of by the joint board’ of commissioners, or on appeal, the joint board shall decide whether they will proceed with said improvement, and if they decide to proceed therewith they shall adopt the surveys, plans, profiles, cross- sections, estimates and specifications for the proposed im- provement as reported by the surveyor or. with such mod- ifications as the joint board and the surveyor may agree upon. (106 v. 609; 107 v. 103.) Sec. 6940. Repealed. Sec. 6941. [Improvement near county line.]] When the proposed improvement is wholly within one county but within less than the legal assessment distance of the county line and a petition is filed ‘asking for such improvement, signed by fifty-one per cent. of the persons to be especially assessed therefor, such improvement shall be regarded as a joint county improvement and shall be made in accordance with the "provisions of sections 6930 to 6939 inclusive of the General Code of Ohio in so far as said sections are applicable. (106 v. 606; 107 vy. 104.) Sec. 6942. [Provisions as to improvement within one county applicable.] All the provisions of the statute re- lating to improvements wholly within one county shall when applicable, unless otherwise specially provided, apply to im- provements authorized by a joint board of commissioners. (106 v. 606.) Sec. 6943. [When joint board shall have jurisdiction.] A joint board of county commissioners shall have jurisdic- tien to provide for the construction of a portion of said road wholly within one county when it is necessary to avoid some place on the county line where the construction thereof would be unusually expensive or difficult. (106 v. 606.) 176 CoNstRUCTION, IMPROVEMENT By Co, CoMMISSIONERS Sec. 6944. [Bond issue by each county.] In case bonds are issued in anticipation of the collection of taxes and as- sessments on account of such improvement, such bonds as may be required shall be issued separately by each county to cover its proportion of such costs and expenses. (106 vy. 607.) Sec. 6944-1. [Improvement in two or more counties, method of compensation, etc.] When a petition asking for the construction, reconstruction, improvement or repair of a road in two or more counties, or along the county line between two or more counties in this state, is filed with the county commissioners of any one of said counties, the peti- tioners shall not be limited to the statement of a single method of paying the compensation, damages, costs and ex- penses of the improvement, but may request in the petition that the share of each interested county be apportioned by a different method, subject to the provision, however, that as tc each county the method requested must be one of the methods provided by section 6919 of the General Code. A joint board of county commissioners, acting by unanimous vote and without the filing of any petition, and ordering the improvement of a road in two or more counties, or along the county line between two or more counties in this state, shall have like power, if it deems such action to be just and equit- able, to order the proportionate part of the compensation, damages, costs and expenses of each county to be paid in a different method, subject to the provision, however, that as tc each county the method selected must be one of the methods provided by law. (107 v. 104.) Section 6944-1 is designed to permit each county to follow its own method. in the division of the cost of a joint county road improve- mert and was drafted to meet an insistent demand from a large number of counties, particularly in the northwestern part of the state, Sec. 6945. [Contracts for improvement, notice.] After the commissioners have decided to proceed with said improve- s. ¥ 4 a d Tae =f Ry Sa ae, ee ee Yaa = ilete “= tan | = ee ae pes nes ee eo eee Oe ee ee ee ee ae ee ee ee eee CoNstTRUCTION, IMPROVEMENT BY Co, CoMMIssIONERS 177 ment, they shall advertise for bids once not later than two weeks prior to the date fixed for the letting of contracts in a newspaper published and of general circulation in said county, if there be any such paper published in said county, but if there be no such paper published in said county then in a newspaper having general circulation in said county. The commissioners may also cause advertisements for bids to be inserted in some trade paper or other publication to be desig- nated by them. Such notice shall state that copies of the sur- veys, plans, profiles, cross-sections, estimates and specifications for such improvement are on file in the office of the county commissioners, and the time within which bids will be re- ceived. The county commissioners may let the work as a whole or in convenient sections as they may determine. They shall award the contract to the lowest and best bidder. The contract shall be let upon the basis of lump sum bids, unless the commissioners order that the same be let upon the basis of unit price bids, in which event it shall be let upon such basis. (106 v. 607; 107 v. 104.) Sec, 6945 has been amended to authorize the letting of contracts on a unit price basis where the commissioners so order. This method is’ highly desirable in a few of the larger counties and in at least one county was being followed without any statutory authorization, Sec. 6945-1. [Contract without competitive bidding.] If the estimated cost of the improvement is two hundred dollars or less the contract may be let without competitive bidding. If the estimated cost is more than two hundred dollars, but does not exceed five hundred dollars, the con- tract may be let at competitive bidding, after advertisement, posted in the office of the county commissioners and in at least three other public places in the county for ten days prior to the letting. (107 v. 105.) Sec. 6945-1 excuses competitive bidding where the contract is for two hundred dollars or less and requires competitive bidding but excuses 178 CoNstRUCTION, IMPROVEMENT BY Co, COMMISSIONERS newspaper advertisement on contracts between two hundred and five hundred dollars. Sec. 6946. [Award of contract.] No contract for any improvement shall be awarded at a greater sum than the estimated cost thereof. The bids received shall be opened at the time stated in the notice. If no bids are made within the estimate, the county commissioners shall either re-adver- tise at the original estimate, or amend: the estimate and pro- ceed to advertise at the amended estimate. The county com- missioners shall have the right to reject all bids. (106 v. 607; 107 vy. 105.) Sec. 6947. [Contractor’s bond.] Before entering into a contract, the county commissioners shall require a bond pay- able to the state of Ohio, for the use of the said county ina stm equal to one-half of the estimated cost of the work with good and sufficient sureties or with a surety company au- thorized to do business in the state of Ohio, conditioned on the faithful performance of the work in accordance with the plans and specifications. Such bond shall also indemnify the county against the damages that may be suffered by failure to perform such contract according to the provisions thereof and in accordance with the specifications for said improve- ment. Nothing herein contained shall be held to prevent the payment out of any estimate or estimates that may be due, upon the assignment by the contractor to any person who has furnished material for the work, or performed labor thereon, of the amount due for such material or labor. (106 v. 607; 107 v. 105; 109 v. 167.) A provision in the bond of a surety company covering a contract entered. into by county commissioners for road work that immediate written notice shall be given to the surety company of any known default on the part of the principal in said bond does not cohtemplate that material men and laborers must give such notice as a pre requisite to the bringing of suit on their claims. Fidelity Co. v Brick Co., 30.0. C. A, 209. Rea. CONSTRUCTION, IMPROVEMENT BY Co. COMMISSIONERS 179 Sec. 6947-1. [Payment on.estimates shall not exceed ninety per cent.] The payment of the cost of the con- struction of such improvement shall be made as_ the work progresses upon estimates made by the county sur- veyor. Except as hereinafter provided, no payment on ac- count of the contract for any improvement shall before the completion of said contract exceed ninety per cent. of the value of the work performed to the date of such payment, and excent as hereinafter provided’ ten per cent. of the value of the work performed shall be held until the final comple- tion of the contract in accordance with the plans and specifica- tions. In addition to the above payments on account of work performed, the county surveyor may also, if he deem it proper, allow to the contractor an estimate not to exceed ninety per cent. of the value of material delivered on the site of the work but not yet incorporated therein, provided such material has been inspected and found to meet the specifications. When an estimate is allowed on account of material delivered on the site of the work but not yet incorporated therein, such ma- terial shall thereupon become the property of the county, but in case such material is stolen or destroyed or damaged by casualty before being used, the contractor will be required to replace the same at his own expense. When the retained percentage plus the difference between the contract price and the estimates allowed exceeds by more than fifteen per cent., the estimated cost of completing the work as determined by the county surveyor, the county surveyor may, if he deem it proper, allow to the contractor an estimate equal to all or any part of said excess sum, retaining not less than the estimated cost of completing the work as determined by him plus fifteen per cent. thereof. Where a portion of a section of highway covered by a contract is completed and opened to traffic, all retained percentages held in connection with such portion of said section shall be forthwith released and paid to the con- tractor. (107 v. 106; 109 v. 167.) 180 Construction, IMPROVEMENT BY Co. CoMMISSIONERS Sec. 6947-la. [Payment on estimates of materials deliv- ered.| In addition to the estimates provided for by section 6947-1 of the General Code, the county surveyor may also, if he deem it proper and under such conditions as he may pre- scribe, allow and pay to a contract a sum not exceeding ninety per cent of the value of material delivered by such contractor, and safely stored at a railroad station or siding, or other point in the vicinity of the work. When such estimate is allowed, the material on which the same is allowed shall thereupon become the property of the county but in case such material is stolen or destroyed or damaged by casualty before being used, or for any reason becomes unfit for use, the contractor will be required to replace the same at his own expense. A con- tractor shall have the right, however, to insure against loss or damage by fire or otherwise, all materials upon which es- timates have been allowed under this or any other section. (109 v. 168.) Sec. 6947-2. [Limitation of time for completion.] Each contract let under the provisions of the preceding sections shall contain a provision to the effect that if the same is not completed within the time therein fixed for its completion the county surveyor shall after the expiration of the time fixed for the completion of such contract keep an accurate account of all expenditures for inspection, supervision and all other similar engineering services in connection with such improve- ment, and that the contractor shall be required to pay all such expenses incurred in connection with said improvement after the expiration of the time fixed for the completion of such contract, and that the amount of such expenditures shall be retained out of any estimates due or to become due to such contractor. It shall be the duty of the county surveyor when ~ he allows any estimate to any contractor after the time fixed in the contract for the completion of the improvement to de- duct from such estimate any expense for supervision, inspec- tion or other similar engineering services incurred after the date set for the completion of such contract. The contractor zx a ae ee hws = ae pe eI a eS ConstrucTION, IMPROVEMENT By Co, CoMMiIssIONERS 181 shall not be required, however, to-pay the cost of such inspec- tion, supervision and other similar engineering services, where the county commissioners, for good cause shown, extend the time for the completion of the contract. (107 v. 106.) Sec. €917-2 is designed to avoid unnecessary delays in construction work and encourage reasonable speed on the part of contractors by requiring the contractor ‘to pay the expense of, inspection, supervision and other engineering services required after the date set for the completion of the contract. Where the same has been used in municipal contracts beneficial results have followed. Sec. 6948. [Allowances for extra work.] In case of an unforeseen contingency not contemplated by the contract, allowances for extra work may be made by the county com- missioners, but they must first enter into a new contract in writing for such extra work. In all cases where the amount of the original contract price is less than ten thousand dol- lars, and the amount of the estimate for such ‘extra work exceeds five hundred dollars, the preceding sections relating to advertising for bids shall apply to the letting of contracts for such extra work. If the amount of the original con- tract price is ten thousand dollars or more, the preceding sections relating to advertising for bids shall apply to all cases where the estimate for such extra work exceeds five per cent of the original contract price for such work. If the estimate for such extra work is less than five hundred dollars, in all cases where the amount of the original con- tract price is less than ten thousand dollars, or if the esti- mate for such extra work is less than five per cent: of the original contract price in all cases where the original con- tract price is ten thousand dollars or more, the contract for such extra work may be let by the county commissioners at private contract without publication or notice, but no con- tract shall be awarded for such extra work at any price in excess of the original contract unit price for the same class or kind of work, if such there be, in connection with such contract. In case of any new class or kind of work the 182 CoNSTRUCTION, IMPROVEMENT BY Co, COMMISSIONERS county commissioners and contractor shall agree as to the price to be paid. The contractor shall submit his bid in writing, and if accepted by the commissioners they shall im- mediately enter their acceptance on the journal. The costs and expenses of such extra work shall be paid by the county commissioners out of any funds available therefor, and the amount shall be charged to the cost of construction of said improvement and apportioned as the original contract price for the said improvement. (106 v. 608.) Sec. 6948-1. [Construction by force account.] If the county commissioners deem it for the best interest of the public they may, in lieu of constructing such improvement by contractor, proceed to construct the same by force account. (107 v. 107.) Where county commissioners have elected to do road work by force account they are not authorized by section 6948-1 G. C. or otherwise to employ a road foreman to take charge of the work; but they must pro- ceed as defined in sections 7198 G, C. et seq. Attorney General, Opinion No. 2460, Oct. 11, 1921. Sec. 6948-2. [Fences on grades.] The county commis- sioners shall cause to be built a substantial fence at least three and one-half feet high and painted white on the open side of all winding grades of at least four per cent. The cost and expense of such construction shall be paid from the road fund cf the county. (107 v. 107.) Sec. 6949. [Improvement through municipality.] The board of county commissioners may construct a proposed road improvement into, within or through a municipality, when the consent of the council of said municipality has been first obtained, and such consent shall be evidenced by the proper legislation of the council of said municipality entered upon its records, and said council may assume. and pay such proportion of the cost and expense of that part of the proposed improvement within said municipality as may be agreed upon between said board of county commissioners and said council. If no part of the cost and expense of the CONSTRUCTION, IMPROVEMENT By Co, COMMISSIONERS 183 proposed improvement is assumed by the municipality, no action on the part of the municipality, other than the giving of the consent above referred to, shall be necessary; and in such event all other proceedings in connection with said im- provement shall be conducted in the same manner as though the improvement were situated wholly without a munici- pality. (106 v. 608; 107 v. 107.) e Secs. 6949 to 6953 relate to the extension by county commissioners of road improvements into or through municipalities. These sections in their original form were badly confused and the provisions very dif- ficult to understand. While no radical changes have been made the sec- tions have been completely rewritten so as to point out the exact procedure to be followed (1) where the municipality does not con- tribute any part of the cost; (2) where the municipality co-operates and pays a part of the cost and (3) where the municipality desires an improvement wider than that contemplated by the commissioners. Section 6949 G. C. does not authorize county commissioners to undertake the improvement, or to join with a municipality in under- taking the improvement ‘of a municipal street forming no part of a state or county highway. Opinions of Attorney General, 1919, v. i: p. 661, Sec. 6950. [Surveys filed with council, resolution; agreement.] If any part of the cost and expense of the proposed improvement is assumed by the municipality, the county commissioners, after the approval by them of the surveys, plans, profiles, cross-sections, estimates and speci- fications for said improvement, shall cause a copy of the surveys and profiles to be filed with the council of the municipality. It shall thereupon be the duty of the council of such municipality to examine said surveys and profiles, and if after such examination council is satisfied that the public convenience and welfare require that said improvement be made, it shall by resolution so determine, and shall ap- prove said surveys and profiles. After the consent of said council has been obtained, and the agreement entered into by said council with the county commissioners determining what proportion of the cost and expense of said improve- 184 CoNstTRUCTION, IMPROVEMENT BY Co, COMMISSIONERS ment is to be paid by said municipality, and aiter said council has determined that the public convenience and welfare re- quire that said improvement be made, and has approved said surveys and profiles, the said council shall cause to be pub- lished once in a newspaper published and of general circula- tion within said municipality, if there be any such news- paper published in said municipality, but if there be no such newspaper published in said municipality then in a news- paper having general circulation in said municipality, a notice that said consent has been given and said agreement entered into, and that said surveys and profiles have been approved. Said notice shall fix a time by which claims, for compensa- tion and damages on account of the proposed improvement shall be filed with the council. Said notice shall be pub- lished at least one week before said time fixed for the filing of such claims. Claims for compensation and damages shall be in writing, and shall be filed with council not later than the time fixed in said notice, and all claims not so filed shall be barred, except as to minors and other persons under dis- ability. If any claims for compensation or damages are filed and the council is not able to agree upon the amount of the same with the persons filing such claims, they shall. order proceedings to be instituted in a court ef competent juris- diction to. inquire into such claims for compensation and damages in the manner provided for the assessment of dam- ages in the case of street improvements wholly under the control and jurisdiction of the municipality. All compen- sation and damages on account of said improvement shall be paid by the municipality. For the purpose of providing by taxation a fund for the payment of the proportion of the cost and expenses of said improvement to be paid by the municipality and also the compensation and damages inci- dent thereto, said municipality is authorized to levy taxes upon all the taxable property of such municipality under the same conditions and restrictions imposed by law in the case of taxes levied, for the purpose of providing funds for the 4 | u : CONSTRUCTION, IMPROVEMENT BY Co. COMMISSIONERS 185 payment of the municipality's share of the cost of street improvements under the exclusive jurisdiction and control of the council of a municipality. The council of said ‘munici- pality may assess against abutting property owners all or any part of the proportion of the cost and expense of said improvement and the compensation and damages to be paid by it. Said assessments shall be made in one of the methods provided for in the case of street improvements wholly within the municipality, and under the exclusive control of the council. (106 v. 609; 107 v. 107.) Sec. 6951. [Payment to county by municipality; bond issue.] The municipality shall pay to the county treasurer its estimated proportion of the cost and expense of. said improvement as fixed in said agreement between the council and the county commissioners, out of any funds available therefor, and in anticipation of the collection of assessments to be made against abutting property as hereinbefore pro- vided, and in anticipation of the collection of taxes levied for the purpose of providing for the payment of the munici- pality’s share of the cost and expense of such improve- ment, said municipality is authorized to sell its bonds under the same conditions and restrictions imposed by law in the sale of bonds for street improvements under the exclusive jurisdiction and control of the council of a municipality. (106 v. 609; 107 v, 108.) Sec. 6951-1. [Improvement by assessment within mu- nicipality.] The board of county commissioners may provide for an improvement within a municipality by levy- ing against the property benefited in the same manner as is herein provided for in sections 6919, 6920, 6922, 6923 and 6925 of this act and as provided in section 6924 of the General Code. In such proceedings, however, the munici- pality shall pay all damages and compensation for land affected or taken by reason of. such improvement. The municipality shall pay to the county treasurer its estimated portion of the cost and expense of such an improvement 186 CoNnstRUCTION, IMPROVEMENT By Co, CoMMISSIONERS to be borne by the municipality as a whole as fixed in the agreement between the council and the county commissioners, out of any funds available, and may issue such bonds there- for and under such conditions as provided for in section 6951. (107 v. 108.) Sec. 6952. [Contract for improvement within munici- pality; road defined.] The county commissioners shall thereupon receive bids and let the contract for improving such portion of said road as lies within the municipality, either in connection with the remainder of said improvement or separately, as such board of commissioners may determine. The total cost and expense of said work shall be paid on the allowance of the county commissioners, by the warrant of the county auditor, and after the completion of said work and the payment of the cost and expense thereof, any bal- ance of the funds contributed by said municipality shall be refunded to it to be disposed of according to law. The word “road”, as used in sections 6906 to 6953 inclusive of the General Code, shall be construed to include any state or county road or roads, or any part thereof, or any state or county road or roads and any city or village street or streets, or any part thereof, which form a continuous road improvement. (106 v. 609; 107 v. 109.) Sec. 6953. [When road widened in municipality.] Whenever any portion of a road to be improved by the county commissioners lies within the corporate limits of a municipality and the council of said municipality desires to improve all or any part of said road within such munici- pality to a greater width than is contemplated by the pro- ceedings for said improvement by the county commissioners, such council shall at any time before it approves the surveys and profiles for such improvement determine by resolution the additional width to which it desires such road, or part thereof, to be improved and shall cause a copy of such resolution to be filed with the county commissioners. The county commissioners shall thereupon cause the county sur- ) DUR bebe: ea ly al - , “ + Si CONSTRUCTION, IMPROVEMENT BY Co. CoMMISSIONERS 187 . / veyor to prepare the necessary surveys, plans, profiles, cross- sections, estimates and specifications for improving such road or part thereof to said additional width. The estimates for the improvement shall set forth the probable cost and expense of so much of said improvement as is made necessary by the proposed increase in the width thereof. After such sur- veys, plans, profiles, cross-sections, estimates and_ specifica- tions have been completed by the county surveyor he shall file with the county commissioners a copy thereof and all subsequent proceedings shall be conducted in the manner hereinbefore provided. The council of the niunicipality may assume all that part of the estimated cost and expense of such improvement rendered necessary by the increased width thereof, or such part of said additional expense as may be agreed upon between the council and the county commis- sioners, (106 v. 610; 107 v. 109.) Sec. 6954. [Improvement through municipality by com- missioners; legislation by council.] The board of county commissioners of any county may repair that portion of a county road extending into or through a municipal corpora- tion, or a part of a county road and a city or village street or streets extending into or through a municipal corporation and forming a continuous road improvement, when the con- sent of the council of said municipal corporation has been first obtained and such consent shall be evidenced by the proper legislation of the council of said municipal corpora- tion entered upon its records. (108 v. Pt. 1, 503.) Sec. 6955. [Improvement of state line road.] When it is desired to construct, improve or repair a road on or along the line between this state and an adjoining state, the board of county commissioners of any county of this state, may join with the proper authorities of any adjoining state, or subdivision thereof, in such construction, or improve- ment. Each party to such agreement shall pay such propor- tion of the cost of said improvement as is agreed upon by the parties thereto. (106 v. 610.) i] a \ 188 ConstrrucTIoN, IMPROVEMENT By Co, COMMISSIONERS Sec. 6955-1. [Provisions governing joint boards.] In exercising the powers enumerated and granted herein, joint boards of county commissioners shall be governed and act in accordance with the provisions of this chapter in so far as they may be applicable. (106 vy. 611.) Sec. 6955-2. [How county proportion assessed or levied.] The proportion of the cost and expense of such Foad improvement to be paid by any county in this state, may be assessed or levied upon the property of this state by the commissioners of such county in any of the ways hereinbefore provided in the case of an improvement wholly within this state. Said commissioners may also join with the state highway department of this or other states in the construction of such road as if the improvement was wholly within the state. (106 v. 611.) Railways on Public Highways Sec. 6956. [Cost and expense which shall be borne by company.] Any person, firm or corporation operating a railway for the transportation of passengers, freight or express, crossing any street or road, shall improve, main- tain and repair that portion of the highway at such cross- ing and lying between the outside ends of the ties, and also that portion lying between the tracks in the case of two or more tracks, and the cost and expense of this improvement, maintenance and repair shall be borne by said individual, firm or. corporation. Such improvement, maintenance or re- pair shall be made whenever in the opinion of the authori- ties having charge of such road the public necessity requires, and shall be made in accordance with plans and specifications approved by the county surveyor. [Proceedings when company fails to improve or re- pair.] In case the said persons, firm or corporation oper- ating said railway, fails to improve, maintain or repair the same as required by the proper authorities, as provided in this section, then such authorities shall proceed to improve, i ‘ 4 5 PON x B 4 F CONSTRUCTION, IMPROVEMENT BY Co. COMMISSIONERS 189 maintain and repair the same, and the cost thereof shall be charged against said property and collected in the manner hereinafter provided. Whenever a road or street is im- proved where a street or interurban or other railroad or railway lies within the improved portion of the roadway, such railroad or railway grade shall in all respects be changed to meet the approval of the county surveyor unless other- wise provided for in the grant or franchise, by virtue of which such railway operates on or occupies said highway, and costs of such change of grade be paid by such company under the law or by the terms of its franchise or grant, shall be a lien upon the property’ of such company and the proper authorities may provide for the payment of the amount chargeable against said company under the law or by the terms of its franchise or grant, in installments as in the case of other property owners, and such installments shall bear interest as in other cases, and the board of county commissioners or other authorities may issue bonds in an- ticipation of the collection of said installments, (106 v. 611.) Sec. 6956-1. [Annual tax levy by commissioners; addi- tional to other levies.] After the annual estimate for the county has been filed with the county commissioners by the county surveyor, and the county commissioners have made such changes and modifications in said estimate as they deem proper, they shall then make their levy for the purpose set forth in said estimate, upon all the taxable property of the county not exceeding in the aggregate two mills upon each dollar of the taxable property of said county. Such levy shall be in addition to all other levies authorized by law for said purposes, but subject, however, to the limitation upon the combined maximum rate for all taxes now in force. The provisions of this section shall not, ‘however, prevent the commissioners from using any surplus in the general funds of the county for the purposes set forth in said estimate. (106 v. 647; 108 v. Pt. 1, 503.) 190 CoNnstrrucrion, IMPROVEMENT BY Co, COMMISSIONERS The annual estimate for the county, referred to in section 6956-1 G. C. (108 O. L., part I, p. 503) is that described in the opening sentence of section 7187 G. C. (107 O. L. 112), and the county commissioners may therefore include in their levy authorized by said section 6956-1 an item for the construction of new bridges. Opinions of Attorney General, 1920, v. I, p. 736. 1, The lien of assessments growing out of proceedings under the so-called Cass highway act, 106 O. L. 574, attaches on the day that such assessments are approved by the township trustees, and the lien of assessments growing out of proceedings under the so-called White- Mulcahy act, 107 O. L. 69, attaches on the day that such assessments ate approved and confirmed by the county commissioners or township trustees. 2. The duty of, designating locations where maintenance and repair work is to be done on highways which the county is directed or authorized to maintain and repair by the use of funds mentioned in sections 6956-1 and 6956-la G. C., 108 O. L. 508, rests with the county commissioners and not with the county surveyor. Opinions of Attorney General, 1919, v. II, p. 1549. Sec. 6956-la. [Maintenance and repair fund; minimum per mile.] The board of county commissioners of each county shall provide annually by taxation an adequate fund for the maintenance and repair of improved county high- ways. Such fund shall be provided by levies made under sections 6926, 6927 and 6956-1 of the General Code and the several sections amendatory thereof or supplementary thereto. The maintenance and repair fund so provided shall not be less than one hundred dollars for each mile of improved county highway within the county. Such levy or levies for maintenance and repair purposes shall be separately set forth in the annual budget of the county commissioners presented to the budget commission, and the maintenance and_ repair levies so made by the county commissioners pursuant to the provisions of this section shall be preferred levies as against any other levies made by the commissioners for county road purposes. Should the budget commission of any county be unable, by reason of the limitations of law, to allow all of the road levies made by county commissioners, such reduc- tions as are necessary therein shall be first made in levies é 1 ~h BS i a | oe TS ; ¢ =e me CONSTRUCTION, IMPROVEMENT BY Co. COMMISSIONERS 191 other than those for maintenance and repair purposes made under the provisions of this section. The fund produced by such levy or levies for maintenance and repair purposes shall not be subject to transfer by order of court or otherwise and shall be used solely for the maintenance and repair of the improved county roads within the county. The provisions of this section shall not prevent the county commissioners from using any other available road funds for the mainte- nance and repair of improved county roads. (108 v. Pt. 1, 503.) Sec. 6956-2. [Raising or lowering grades at railroad crossings.] The county commissioners may raise or lower, cr cause to be raised or lowered the grade on any road or highway above or below railroad tracks thereon and may require a railroad company operated by steam in such county, to raise or lower the grade of its tracks, and may construct ways or crossings above the tracks of any such railroad, or require such railroad company to construct ways or crossings that are to be placed under its tracks. The county commissioners of a county may require such rail- road company to erect permanent piers, abutments or other appropriate supports in the ways, crossings, streets, roads or alleys, whenever in the opinion of the county commis- Sioners the raising or lowering of the grade of any such railroad tracks, or the raising or lowering of the construc- tion of such ways, crossings, or supports may be necessary upon the terms and conditions, hereinafter set forth. (106 v. 652). Sec. 6956-3. [Provisions of law and procedure appli- cable to change of such grades.] The provisions of law applicable to a municipality in securing the changes pointed out in the foregoing section, shall be applicable to a county in securing such changes with reference to such roads when located outside of a municipality, and the proceedings au- thorized in the case of a municipality by its council are authorized to be had by the county commissioners in sectir- 192. CoNnstRUCTION, [MPROVEMENT BY Co, COMMISSIONERS ing the changes hereinbefore mentioned, and the county sur- veyor shall take the place of the engineer of said munici- pality in all proceedings with reference to such changes, and the county commissioners are authorized to make application to the court in cases where the county and the railway com- pany cannot agree as in the case of a municipality where there is a failure to agree and the same provisions of law as to the division of the expense of such changes shall apply to the county and railway company as are applicable in the case of a municipality and railway company, and all the provisions of law relating to such changes within a municipality shall, when applicable, apply to proceedings on behalf of the county’ commissioners. (106 v. 652.) Sec. 6957. [Section men to repair improved county roads.] In any county in which on the first day of November, 1919, the aggregate of the tax duplicate for real estate and personal property is twenty-one million dollars or less, and in which county there are at least twenty-five miles of improved county roads, the county commissioners prior to the first Monday of January, 1920, shall divide into convenient sections all improved county roads and _ shall employ yearly a patrol or section man for each section to keep the same in repair for the year ending on the first Monday of February thereafter. In the event the repair and maintenance fund for county roads in any year is insufficient in any county having such a tax duplicate to employ section men on all such roads, then the provisions of this act shall apply to such improved county roads as are most heavily traveled and are in need of the most repair and attention. (108 v. Pt. 1, 304.) . Sec. 6958. [Materials for repair.] The county com- missioners shall provide and furnish the materials for repair and may require the section men to quarry and haul stone, gravel and other material to places where needed on such highways within the limits of their sections. (108 v. Pt.-1, 504, ) J ' ; F’ . i : ss eh ey » ne a is ee Pes De 7 ee TK ris bat Sad ee y CoNSstRUCTION, IMPROVEMENT BY Co. CoMMISSIONERS 193 Sec. 6959. [Tools and equipment.] Each section man shall provide himself at his own expense, with the following tools and equipment: Pick, mattock, shovel, sledge hammer, knapping hammer, axe, one strong horse and harness there- for, one large two-wheeled cart with bed arranged for quick dumping and with a capacity of at least one-half a cubic yard of crushed stone or gravel. Provided that the tools and equipment aforementioned shall be subject to the approval of the county commissioners and they may, if they deem it best, require any one or more of such section men to furnish and use a wagon and two horses for hauling materials, and may require them to provide themselves with a folding tent for protection while breaking and knapping stone during in- clement weather, and may if they so desire furnish plows, scrapers and other tools for the use of such section men. If additional tools and equipment are required for such section men, the number and kind shall be fully stated in the adver- tisement for bids hereinafter provided for. (108 v. Pt. 1, 304.) Sec, 6960. [Qualifications and duties of section men.] Each section man employed must be physically strong, healthy and inured to manual labor and it shall be his duty to patrol his section and care for the drainage; promptly to patch holes as they may appear on stich highways within his section; to place at convenient points. broken rock, gravel and suitable materials for repair along his section and have the same in readiness for immediate use when needed; to remove weeds and bushes growing thereon; to spend on his section eight hours of actual and faithful labor each day; and to keep his section in as good condition for travel as his opportunities will permit subject to the rules and regulations made by the county commissioners, the provisions of law herein and under the supervision of the county surveyor. No section man shall substitute the work of another man on his section, in the event of his disability or otherwise, without the consent Nie, es 194 CoNnstrucTION, IMPROVEMENT By Co, CoMMISSIONERS in writing of the county commissioners. On. Monday of each week where they are employed for full time, the section men shall mail to the county auditor on blanks furnished by the county commissioners, a detailed report in writing, stating the nature and extent of their work and hours of service on each day of the previous week and any other information deemed of importance to the county commissioners. When they are not employed for full time, such section men shall make reports at such times as the county commissioners may require. (108 v. Pt. 1, 304.) Sec. 6961. [Name and number of sections; contracts.] Before the employment of such section men, the county com- missioners shall name, number and describe the various sec- tions and enter the same on their journal. They shall adopt rules and regulations subject to the approval of the county surveyor to govern the section men and record the same on their journal and file a copy thereof with the county auditor. Prior to the first Monday of February each year they shall give notice in two newspapers in the county, of opposite politics, of general circulation and printed in the English language, for two successive weeks that they will receive sealed bids until noon of the first Monday of February for section men for each of the sections named in the notice, subject to the rules and regulations adopted by the county commissioners and on file in the auditor’s office and subject to the provisions of law. If there be not two such news- papers printed in the county, one newspaper of general cir- culation printed in the English language shall be sufficient. If there be no such newspaper printed in the county, then printed notices shall be posted in each township, precinct and municipality in the county. The commissioners may reject any bid that in their opinion is too high or does not meet the requirements herein and if two or more bids are the same they are authorized to make choice. Upon the acceptance of any bid and the giving of a proper bond by the bidder CoNSTRUCTION, IMPROVEMENT BY Co. COMMISSIONERS 195 the commissioners shall enter into a written contract with the bidder. (108 vy. Pt. 1, 305.) Sec. 6962. [Bond of section men.] Each section man before entering upon the discharge of his duties shall give a bond in the sum of $500.00 conditioned for the faithful discharge of his duties to be approved by the county com- missioners. The forms for such bond and contract shall be prepared by the prosecuting attorney amd furnished to the successful bidders by the county commissioners. (108 v. Pt: 1, 305.) Sec. 6963. [Compensation paid monthly.] The. com- pensation of such section men shall be allowed and paid monthly upon bills presented therefor. If any of such sec- tion men fail to comply with the terms of their contract or neglect, fail or refuse to abide by the law or the rules and instructions of the county commissioners, and county sur- veyor, the county commissioners shall allow only such sum as they deem’ them to be entitled to for their services, and may terminate the contract upon giving thirty days’ notice to any of such section men. (108 y. Pt. 1, 306.) Sec. 6964. [Part time when fund insufficient.] In the event the repair and maintenance fund is insufficient in any year to-employ such section men for full time, or for other good reasons, they may be employed for a part of the time, but their employment shall be so arranged that the time on duty and off duty shall alternate by the week or month as the county commissioners may think best and the same shall be so stated in the advertisement for bids. If a vacancy should occur by resignation, death, removal or other cause of a section man less than six months before the first Mon- day of February, the county commissioners may employ for the remainder of the year, without giving notice in a news- paper, otherwise they shall advertise for sealed bids. (108 v. Pt. 1, 306.) CHAPTER VI COUNTY SURVEYOR Sec. 2782. [County surveyor; election and term.] There shall be elected biennially in each county a county. surveyor, who shall hold. his office for a term of two years, beginning en the first Monday of September next after his election. CRASS. See. as Sec. 2783. Who not eligible. Sec. 2784. [Bond and oath of office.] Before entering upon the duties of his office, the county surveyor shall give bond to the state in the sum of not less than two thousand dollars nor more than ten thousand dollars as may be fixed by the county commissioners with sureties approved by the county commissioners, conditioned for the faithful perform- ance of his official duties. Such bond, with the oath of office and the approval of the commissioners indorsed thereon, shall be deposited with the county treasurer and kept in his office: (107 v. 70.) Sec. 2781. The amendmert of this section coupled with the repeal of section 7183 G. C, eliminates the necessity for the giving of two bonds by the county surveyor and requires him to give one bond for not less than two nor more than ten thousand dollars, as may be deter- mined by the county commissioners. Sec 2785. Vacancy in office. Sec. 2786. Office furnishings and equipment to be provided by commissioners. Notre — These sections of the General Code which relate indirectly to the subject of roads or are not of sufficient importance to be printed in full are referred to by sectional number and marginal title only. The full text of such sections may be found by reference to the same section numbers of the General Code. (196) | ee CouNTY SURVEYOR 197 Sec. 2787.. Repealed. (108 v. Pt. II, 1221.) Sec. 2788. Repealed. (108 v. Pt. II, 1221.) Sec. 2788-1. [Designation of county maintenance engi- neer; and supervisor.] The county surveyor shall desig- nate one of his deputies as county maintenance engineer. Such deputy so designated s!all be a person experienced in the maintenance and repair of roads and it shall be the duty of such maintenance engineer, acting under the general direc- tion and supervision of the county surveyor, to have charge of all road maintenance and repair work carried forward under the supervision of the county surveyor. The county surveyor, when authorized by the county com- missioners, shall appoint a maintenance supervisor or super- visors to have charge of the maintenance of improved high- ways within a district or districts established by the commis- sioners and surveyor and containing not less than ten miles of improved county. rcads.. Such maintenance supervisor shall act under the direction of the county surveyor, and the county surveyor, when authorized by the county commis- sicners, shall establish a patrol or gang system of mainte- nance under the direct charge of such supervisor. The com- pensation of such supetvisor shall be fixed upon a per diem basis by the county commissioners and shall be paid out of the road repair. or county road fund upon the approval of the county surveyor. (108 v. Pt. I, 497.) Sec. 2789. Delivery of effects to successor in office. Sec. 2790. Removal of surveyor by civil action. Sec. 2791. Action on surveyor’s bond. Sec. 2792. [Duties of county surveyor.] The county surveyor shall perform all duties for the county now or hereafter authorized or declared by law to be done by a civil engineer or surveyor. He shall prepare all plans, spe- cifications, details, estimates of cost, and submit forms of contracts for the construction or repair of all bridges, cul- verts, roads, drains, ditches and other public improvements, except buildings, constructed under the authority of any Ae ere 198 CouUNTY SURVEYOR board within and for the county. When required by the county commissioners, he shall inspect all bridges and cul- verts, and on or before the first day of June of each year report their condition to the commissioners, Such report shall be made oftener if the commissioners so require. (R. 3.) eG. 1166.) A deputy county surveyor is ineligible as a bidder on road amprovement work to be done under the supervision of the commission- ers of the county in which the deputy is employed as such. Opinions of Attorney General, 1919, vy. II, 1065. Sec. 2793. [Inspection; records; surveys.] The county surveyor shall be responsible for the inspection of all public improvements made under authority of the board of county commissioners. He shall keep in suitable books a complete record of all estimates and summaries of bids received and contracts for the various improvements, together with the record of all estimates made for payments on the work. He shall make all surveys required by law to be made and per- form all necessary services to be performed by a surveyor or civil engineer in connection with the construction, repair or opening of all county roads, turnpikes, or ditches con- structed under the authority of the board of county commis- sioners and shall perform such other duties as such board from time to time requires. (R. S. Sec. 1166.) Sec. 2794. How contents of tract of land calculated. Sec. 2795. Surveyor may examine witnesses. Sec. 2796. Chainmen; fees; surveyor may retain survey. Sec. 2797. Resurveys made by other persons. Sec. 2798. When court may appoint a person to resurvey lands. Sec. 2799. Survey of land in two counties. Sec. 2800. Surveyor may take acknowledgments. Sec. 2801. Surveyor shall procure field-notes. Sec. 2802. Expenses. Sec. 2803. Record to be kept by county surveyor. CouNTY SURVEYOR 199 Sec. 2804. Surveyor to transcribe certain records. Sec. 2805. Indexes to records of county surveyors. Sec. 2806. Survey of lands sold for taxes, Sec. 2807. Owners of land may call surveyor and plant corners, Sec. 2808 Proceedings to establish corners. Sec. 2809. Notice of taking depositions. Sec. 2810. Surveyor shall make record of plat. Sec. 2811. Plat or certified copy and depositions evidence; exception. Sec. 2812. Fees of surveyor; by whom paid. Sec. 28138. Witnesses to establish surveyed or agreed corners. Sec. 2814. Use and effect of the testimony; fees. Sec. 2815. Dilapidated maps to be transcribed, Sec. 2816. Copies evidence; when. Sec. 2817. Shall ascertain and report trespasses on public lands. Sec. 2818. United. States surveyors may enter upon lands in the state. Sec. 2819. Damages caused thereby. Sec. 2820. Tender of damages. Sec. 2821. Fees and costs for such services. Sec. 2822. [Fees of county surveyor.] When em- ployed by the day, the surveyor shall receive five dollars for each day and his necessary actual expenses. When not so employed, he shall be entitled to charge and receive the following fees: For each rod run, not exceeding one mile, three-fourths of one cent, and for each rod over one mile, one-half of one cent; for making out or recording a plat not exceeding six lines, seventy-five cents, and for each line in addition, five cents; for each one hundred words or figures therein, six cents; for calculating the contents of a tract not exceeding four sides, six cents, and for each additional line, ten cents; for mileage, going and returning, five cents per mile; and for all other services, the same fees 200s CouNTy SURVEYOR as those of other officers for like services. Chain carriers and markers are entitled, each, to two dollars. (R. S. Sec. 1183.) County Surveyor — Tax Map Sec. 5551. [Tax maps of sub-divisions, etc.] The board of county commissioners may appoint the county surveyor, who shall employ such number of assistants as are necessary, not exceeding four, to provide for making, correcting and keeping up to date a complete set of tax maps of the county. Such maps shall show all original lots and parcels of land, and all divisions, subdivisions and ailotments thereof, with the name of the owner of each original lot or parcel and of each division, subdivision or lot, all new divisions, subdivisions or ‘allotments made in the county, all transfers of property showing the lot or parcel of land transferred, the name. of the grantee, and the date of the transfer; so that such maps shall furnish the auditor, for entering on the tax duplicate, a correct and proper description of each lot or parcel of land offered for transfer. Such maps shall be for the use of the board of equalization and the auditor, and be kept in the office of the county auditor. (R. S. Sec. 2789a.) Sec. 5552. [Appointment of draughtsmen and assist- ants; salaries.]. The county surveyor shall appoint such number of draughtsmen as may be necessary and fix the salary thereof, subject to the approval of the board of county commissioners. The salaries° of the assistants shall be paid out of the county treasury in the manner as the salary of other county Officers are paid. (108 v. Pt. II, 1229.) Sec. 6956-4. [County Highway Superintendent; change of title.) The words “county highway superintendent” found in any section of the General Code of Ohio not herein amended or repealed shall after the taking effect of this act be read “county surveyor.” (107 v. 142.) Sec. 7181. [Salary of county surveyor, how computed. |] The county surveyor shall give his entire time and attention County SURVEYOR 201 to the duties of his office and shall receive an annua. salary to be computed as follows: One dollar per mile for each full mile of the first one thousand miles of the public roads of the county; and in addition thereto forty dollars per thousand for each full one thousand of the first fifteen thou- sand of the population of the county as shown by the federal census next preceding his election, thirty dollars per thou- sand for each full one. thousand of the second fifteen thou- sand of the population of the county, twenty-five dollars per thousand for each full one thousand of the third fifteen thousand of the population of the county, fifteen dollars per thousand for each full one thousand of the fourth fifteen thousand of the population of the county and five dollars per thousand for each full one thousand of the population of the county in excess of sixty thousand; and also in each county in which on the twentieth day of December, 1915, the aggregate of the tax duplicate for real estate and per- sonal property was twenty-five million dollars or more the sum of fifty dollars for each full one million dollars, not more than fifteen, by which such tax duplicate exceeded twenty-five million dollars, ten dollars for each full one million dollars, not more than sixty, by which such tax duplicate exceeded forty million dollars and five dollars for each full one million doilars by which such tax duplicate exceeded one hundred million dollars; provided, however, that in no case shall the annual salary paid the county sur- veyor exceed six thousand dollars, Such salary shall be paid monthly out of the general county fund upon the war- rant of the county auditor and shall be instead of all fees, costs, per diem or other allowances, and all other per- quisites of whatever kind or description which any county surveyor may collect or receive. The county surveyor shall be the county tax map draftsman, but shall receive no addi- tional compensation for performing the duties of such posi- tion. When the county surveyor performs service in con- nection. with, ditches or drainage works under the provisions 202 CouNTy SURVEYOR of sections 6442 to 6822 inclusive of the General Code of Ohio, he shall charge and collect the per diem allowances or other fees therein provided for, and shall pay all such allowances and fees monthly into the county treasury to the credit of the general county fund. The county surveyor shall do likewise when he performs services under the pro- visions of sections 2807 to 2814 ificlusive of the General Code of Ohio. (106 v. 612; 107 v. 110.) The public roads to be taken into account in calculating the salary of the county surveyor as directed by the provisions of section 7181 G. C. are state roads, county roads and township roads within the county as defined by section 7464 G. C. The mileage of public ways within a municipal corporation is not to be included in such calcula- tion, but the mileage of streets in unincorporated villages within the county is to be included. Opinions of Attorney General, 1920, v. I, p. 182. A county surveyor who served as arbitrator under the provisions o1 section 6563-27 G. C. should account to his county under the provisions of section 7181 G. C. for all fees or allowances received in connection with said services. Opinions of Attorney General, 1920, v. [, p. 295. 1. The amendment of section 7181 G. C., appearing in 107 O. L 110, does not repeal by implication, the provision of section 2786 G. C. for the allowance to the county surveyor of his reasonable and necessary expenses incurred in the performance of his official duties. 2. Tax map assistants employed under authority of sections 5551 and 6552 G. C. are not assistants or deputies within the meaning of the provision of section 2786 G. C. for the allowance of expenses to assistants and deputies of the county surveyor. Opinions of Attorney General, 1919, v. II, p. 1283. Sec. 7181-1. [Determining mileage in county; report of mileage to highway commissioner.] In determining the number of miles of the public roads of the counties of the state the mileage of county line roads shall be reckoned one- half in each county. The number of miles of public roads in each county shall be determined in the first instance by the county surveyor, who shall make a report to the state highway commissionet setting forth the mileage of public roads within CouNtTy SURVEYOR 2038 his countys The state highway commissioner shall examine such reports and after correcting the same, if* necessary, shall approve the reports; and the mileage of public roads in each county, as set forth in such reports as corrected and ap- proved by the state highway commissioner, shall govern in determining the annual salary of the county surveyor under the provisions of section 7181 of the General Code of Ohio. The county surveyor of each county shall promptly report to the state highway commissioner from time to time any additions or deductions from the public road mileage of his county by reason of the establishment of any new roads or the vacation of any existing roads. After the state highway commissioner has examined and approved the report of the county surveyor as to the road mileage of his county, it shall be the duty of the state highway commissioner to certify to the county auditor of said county a copy of such report. as approved. (108 v. Pt. I, 504.) Sec. 7182. [Salary of engineer, proportion paid by state.] The state highway commissioner may designate the county surveyor to have charge of all highways, bridges and culverts within his county under control of the state or he may designate some other competent civil engineer to have charge of. all highways, bridges and culverts within one or more counties and under control of the state. The county surveyor or other civil engineer designated as above shall perform such duties in reference to the highways, bridges and culverts under the control of the state and within the county or counties assigned to nim as may be prescribed by law or by the state highway commissioner. The compensa- tion of the engineer so appointed whether such engineer be the county surveyor or whether he be some other person, shall be fixed by the state highway commissioner and the same shall be paid out of any funds available for the con- struction, improvement, maintenance and repair of inter- county highways. In the event the county surveyor is des- ignated and receives such compensation, he shall forthwith 204 CouNTY SURVEYOR upon the receipt of the same, pay it into the county treasury of his county to the credit of the general county fund. The state highway commissioner shall be authorized whenever he deems it expedient to revoke any designation or appoint- ment made under the provisions of this section and to make: a new designation or appointment. (106 v. 612: 107 y. 110; 109 v. 168.) Sec. 7183. Repealed. (107 v. 142.) Sec. 7184. [Powers and duties of county surveyor.] The county surveyor shall have general charge of the con- struction, reconstruction, improvement, maintenance and re- pair of all bridges and highways within his county under the jurisdiction of the county commissioners. The county surveyor shall also have general charge of the construction, reconstruction, resurfacing or improvement of roads by township trustees under the provisions of sections 3298-1 to 3298-15n inclusive of the General Code. The county sur- veyor shall have general charge of the construction, recon- struction, resurfacing or improvement of the roads of a road district under the provisions. of sections’ 3298-25 to 3298-53 inclusive of the General Code. The county surveyor shall not be authorized, however, to perform any duties in connection with the repair, maintenance or dragging of roads by township trustees, except that upon the request of any board of township trustees he shall be. required to inspect any toad or roads designated by them and advise them as to the best methods of repairing, maintaining or dragging the same. (106 v. 613; 107 v. 111.) Sec. 7185. Repealed. (109 v. 171.) Sec. 7186. Repealed. (107 v. 142.) Sec. 7187. [Annual report of county surveyor; ap- proval of estimates.]} The county surveyor shall report to the county commissioners on or before the first day of April in each year the condition of the county roads, bridges” and culverts in the county, and estimate the probable amount of funds required to maintain and repair the county roads, se ee Tee er T- = yee ee ae pagel © 7 County SURVEYOR 205 bridges and culverts, or to construct any new county roads, bridges or culverts required within the county. The county surveyor shall, on or before April first of each year, make an annual estimate for the township trus- tees of each township, setting forth the amount required by the township for the construction, reconstruction, resurfac- ing or improvement of the public. roads within the jurisdic- tion of the township trustees. The estimates hereinbefore provided for shall relate to the year beginning on the first day of March next ensuing and shall be for the information of the county commissioners and township trustees in the making of their annual levies. The county surveyor shall approve all estimates which are paid trom county funds for the construction, improvement, maintenance and repair of roads and bridges by the county. He shall also approve all estimates which are paid from township funds for the construction, reconstruction, resurfac- ing or improvement of roads under the provisions of sections 3298-1 to 3298-15, inclusive, of the General Code. He shall also approve all estimates which are paid from the funds of a road district for the construction, reconstruction, resurfac- ing or improvement of the roads thereof under the provi- sions of sections 3298-25 to 3298-53 inclusive of the Gen- eral Code. When the county surveyor has charge of the highways, bridges and culverts within his county, under con- trol of the state, he shall approve all estimates which are paid by the state for the construction, improvement, main- tenance and repair of the same. ; No contract for the construction of a bridge, the entire cost of which exceeds ten thousand dollars shall be binding upon the county unless the plans are first approved by the state highway commissioner. Provided, however, that the state highway commissioner may require of a county sur- veyor the submission of plans for any or all bridges and culverts costing more than one thousand dollars; and upon notification by the state highway commissioner to the county 206 County SURVEYOR commissioners and county surveyor that such plans must be submitted for approval no contract for such bridges or cul- verts shall be entered into by the county until such plans have been approved by the state highway commissioner. (106 v. 614; 107 v. 112.) Sec. 7188. [Report to state highway commissioner. ] The county surveyor shall make a report to the state highway commissioner whenever requested by that official in relation to the highways and bridges in the county, containing such matter and in such form as may be prescribed by the state highway commissioner, and file a duplicate thereof.with the board of county commissioners. (106 v. 614; 107 y. 113.) Sec. 7188-1. [Naming and numbering of roads and bridges; maps, etc.] The county surveyor of each county, under the direction and supervision of the state highway commissioner, shall name and number all the public roads of his county, other than inter-county highways and main market roads, and shall number all the bridges and culverts on such roads. All such roads shall be divided into sections where they are of sufficient length to warrant the same. Such sections shall not exceed three miles in length and shall be numbered consecutively. The provisions of this section shall extend to all roads on the north and east lines of each county, A map of such roads shall be made by the surveyor which shall show and identify by number, location and length each such road and section thereof and all bridges and culverts. Such map shall show the location of muni- cipal corporations, school houses, churches, lakes and rivers and shall be made in township units. As rapidly as the roads, bridges and culverts of each township are thus located and numbered, the county surveyor shall enter in a book in his office to be kept for that purpose, a description or identification thereof. A copy of such map shall be sub- mitted to the state highway commissioner, together with a report showing plainly and definitely the exact location of such numbered roads, and sections thereof and such bridges * iis CouNtTy SURVEYOR 207 and culverts, and such other and further information as the state highway commissioner may require. All the duties required by this section shall be performed in accordance with the instructions of the state highway commissioner, who shall prescribe such forms and issue such instructions as he deems proper. Upon the approval by the state highway commissioner of each map and report, copies of the same shall be filed by the county surveyor in his office and in the office of the county commissioners, and a copy of the map of each township shall be filed with the township trustees of such township; and thereafter the road names, numbers and section designations and the bridge and culvert num- bers shall be the official terms by which all such roads, and sections thereof and such bridges and culverts shall be known. When a new road is established it shall be as- signed by the county surveyor a name and number and if necessary divided into sections, or it may be added to an existing road, and it shall be the duty of the county sur- veyor to note such new road together with its official desig- nation on the copy of the map on file in his office and to report the same to the state. highway commissioner and county commissioners. (107 y. 113.) Secs. 7188-1 and 71882 are designed to secure the gradual naming and numbering of all the roads in the state in order that cost data may be collected and preserved. By virtue of section 7188-1 G. C. (107 O. L. 113), read in connection with sections 1187 and 1188 G. C., it is the duty of the county sur- veyor to prepare the road maps of the county as described in said section 7188-1. The provision in section 7188-2 G. C, to the effect that the terms of section 7188-1 G. C. shall be complied with “‘not later than the first day of January, 1919” is directory, and does not have the effect of relieving the surveyor of the duties described in said section 7188-1 if he fails to perform them within the limited time. Opinions of Attorney General, 1920, v. II, p. 972. Sec. 7188-2. [Assignment of expense to road or bridge before payment.] It shall be the duty of the county auditor before he issues his warrant for any moneys ex- 208 CoUNTYy SURVEYOR pended by the county on any highways, other than inter- county highways or main market roads, or on any bridges or culverts on such highways, to require of the county sur- veyor the assignment of such expense to the road and sec- tion thereof, or bridge or culvert in connection with which such expense “was incurred. The county auditor shall keep such records as are necessary to show clearly at the close of each year the amount of money expended from the county treasury on each section of. road, other than inter-county highways or main market roads, and on each bridge and culvert on such roads. It shall be the duty of the township clerk before he issues any warrant on the township treasurer for any money ex- pended upon any road within the township, other than an inter-county highway or main market road, or on bridges or culverts on such roads, to require of the county surveyor or township trustees the assignment of such expense to the road and section thereof, or bridge or culvert in connection with which the expense was incurred. The township clerk shall keep such records as are necessary to show clearly at the close of each year the amount of money expended from the township funds on each section of road, other than inter- county highways or main market roads, within the township and on each bridge and culvert thereon. When general equipment for use in. the entire county or township is purchased, the expense thereof need not be assigned to any section or sections of road or to any bridge or culvert, but so far as practicable all items of expense shall be assigned to the specific section of road or to the particular bridge or culvert in connection with which they were incurred. The provisions of this and the preceding section shall be fully complied with in all the counties and townships of the state not later than the first day of Janu- ary,,1919. For the purpose of securing a uniform’ system of accounting and a uniform preservation of cost data throughout the state, the state highway commissioner is * ir re ey ee aoe § CouNtTY SURVEYOR 209’ hereby authorized to prescribe all necessary and proper forms for maps and reports, and the auditor of state is hereby authorized to prescribe all necessary and proper forms for the keeping of the cost records by county surveyors, town- ship trustees, county auditors and township clerks. All county auditors and township clerks may at any time be required by the state highway commissioner to transmit to him in such form as hé may prescribe the cost records pertaining to roads, bridges and culverts within their coun- ties or townships. (107 v. 113:) Sec. 7189. [Annual meeting of county and township officials.] It shall be the duty of the county surveyor to annually call a meeting, within the county, at a time and place to be approved by the state highway commissioner, of all the township and county authorities having directly to do with the construction and repair of roads and bridges within the county. Such meeting shall be open to the gen- eral public. ‘At such meeting, the county surveyor or. such other person as may: be designated by the state highway commissioner, shall instruct the proper authorities as to the best and most economical methods for repairing and main- taining the roads and bridges of the county, so as to provide a uniform system of highway work for the county. Each official attending such meeting shall receive for attending such meeting his actual and necessary expenses in addition tc his regular per diem, or salary, the same to be paid by the county treasurer from the road fund of the county on itemized vouchers approved by the county surveyor. (106 v. 615; 107 v. 114.) Sec. 7190. [Demonstration of methods of dragging.] The county surveyor shall upon the request of any one or more boards of township trustees within the county give a demonstration of the best method of dragging public highways. The expense, if any, of such demonstration, ' when approved by the county surveyor, shall be paid from 210 CouNty SURVEYOR the road fund of such township or townships. (106 v. 615; 107 v. 115.) Sec. 7191. [Assistance of state highway commissioner.] ‘The county surveyor may request advice and assistance from the state highway commissioner in all matters relating to his duties. In so far as the highways, bridges and culverts under the control of the state are concerned the county surveyor shall be governed in the conduct of his work by the instructions of the state highway commissioner as issued from time to time for the guidance of county surveyors. (106 v. 615; 107-v. 115.) Sec. 7192. [Supervision by county surveyor.] The ‘county surveyor shall supervise the construction, reconstruc- tion, improvement, maintenance and repair of the highways, bridges and culverts under the jurisdiction of the county commissioners; and shall aiso supervise the construction, reconstruction, resurfacing and improvement of public roads by township trustees under the provisions of sections 3298-1 to 3298-l5n inclusive of the General Code, and sections 3298-25 to 3298-53 inclusive of the General Code. When the county surveyor has charge of the highways, bridges and culverts within his county, and under the control of: the state, he shal! also supervise the construction, reconstruc- tion, improvement and repair of the same. (1096 v. 615; 107 ‘vy. 115.) Sec. 7193. Repealed. Sec. 7194. Repealed. Sec. 7195. Repealed. Sec. 7196, [Erection of sign posts.] When authorized by the county commissioners the county surveyor shall erect and maintain at intersecting roads on inter-county highways and main market roads suitable sign posts, the design of which shall be approved by the state highway commissioner, showing the names and numbers of the roads and the diréc- tion and distance to nearby villages and cities. (106 v. 616; 107 v. 115.) : . nt a ake ae 2a ep ae SS a atm Se er ee ey Ten, sie hae oN wae 4 CouNtTy SURVEYOR 211 Sec. 7197. Repealed. Sec. 7198. [Employment of labor, teams, etc.] The county surveyor. may when authorized by the county com- missioners employ such laborers and teams, lease such im- plements and tools and purchase such material as may be necessary in the construction, reconstruction, improvement, maintenance or repait of roads, bridges and culverts by force account. (106 v. 616; 107 v. 115.) 1. In the construction or re-construction, as well as the repair, of a bridge by a county, the method commonly known as force account may be followed, whateyer may be the estimated cost of the project.,— that is to say, that under sections 7200 and 7214, G. C., the county com- missioners may purchase the necessary machinery, tools, equipment and materials, and under section 7198, G. C., authorize the county surveyor to employ the necessary teams and labor; or the commissioners may, by virtue of the last named section, authorize the county surveyor to purchase the materials, lease the implements and tools and employ the labor necessary for the project. (Opinions, Attorney General, 1917, vol. III, p, 2332; and 1918, vol. I, p. 459, not followed in so far as they hold that there is a distinction between construction and repair.) 2. Said sections 7198, 7200 and 7214 do not repeal by implication sec- tions 2343 to 2861, G. C., providing among other things for the con- struction and repair of bridges upon the competitive bidding plan.. The two groups of sections provide distinct methods of bridge construc- tion and repair; and when one group is resorted to for procedure, it must be followed to the exclusion of the other. 3. It is recommended that public authorities follow the competitive bidding system unless adherence thereto is in particular instances either impracticable or against the public interest. Attorney General, Opinion No. 2411, Sept. 10, 1921. Sec. 7199. Repealed. Sec. 7200. [Purchase of machinery and equipment; housing and storing, railroad switch.] The county com- missioners may purchase such machinery, tools or other equipment for the construction, improvement, maintenance or repair of the highway, bridges and culverts under their jurisdiction as they may deem necessary. The county com- missioners may also at their discretion purchase, hire or lease automobiles, motorcycles or other conveyances and pay, CouNTy SURVEYOR maintain the same for the use of the county surveyor and his assistants when on official business. All such machinery, tools, equipment and conveyances belonging to the county shall be under the care and custody of the county surveyor. All such machinery, tools, equipment and conveyances owned by the county shall be plainly and conspicuously, marked as the property of the county. The county surveyor shall an- nually on the fifteenth day of November make, or cause to be made, a written inventory of all such machinery, tools, equipment and conveyances indicating each article and stating the value thereof and the estimated cost of all necessary repairs thereto and deliver the same to the county com- missioners, who shall cause the same to be placed on file. At the same time he shall file with the county commissioners his written recommendations as to what machinery, tools, equipment and conveyances should be purchased for the use of the county during the ensuing year and the probable cost thereof. The county commissioners shall provide a suitable place or places for housing and storing machinery, tools, equipment, materials and conveyances owned by the county, and may purchase the necessary material and construct, or , enter into an agreement with a railroad company to construct, one switch or spur track from the right of way of such railroad company to land or storage house owned by the county. All expenditures authorized by the provisions of this section shall be paid out of any available road funds of the county. 106 v. 617; 107 v..115; 109 v. 611.) 1. In case county commissioners desire to do road or bridge repair work by force account, they must, before making purchases for the purpose (Sections 7200 and 7214 G. C.) and before authorizing the county surveyor to make purchases and employ labor and teams for the purpose (Section 7198 G. C.), cause the county surveyor to prepare plans, specifications and estimates (Sections 2792 and 7187 G. C.). This is true without regard to the cost of the work. 2. The requirement of sections 5660 and 5661 G. C. are applicable to the purchases of materials, tools, equipment and supplies, and to the CouNTY SURVEYOR 213 employment of teams and labor under authority of sections 7198, 7200 and 7214'G.. C. Attorney General, Opinion No. 2412, Sept. 10, 1921. 1. Section 7200 G. C. (107 O. L. 115), by necessary implication, con- fers on county commissioners authority to purchase a site, with building, for the purpose of housing and storing machinery, tools, equipment and conveyances owned by the county. Such authority is subject to restrictions upon expenditures, such as are imposed by sections 5660 et seq., 5638 and 2444 G. C. ; 2, For the purpose of making such purchase, the commissioners may appropriate from the county fund. Opinions of Attorney General, 1920, v. II, p. 1020. Sec. 7201. [Terms authorized in purchase of machinery, tools, etc., tax levy.] County commissioners and town- ship trustees, in the purchase of machinery, tools, trucks and other equipment for use in constructing, maintaining and re- pairing roads, shall be authorized to purchase such machinery, tools, trucks and equipment upon the following terms, to-wit : not less than one-third of the purchase price thereof shall be paid in cash, and of the remainder not more than one-third may be paid at any time within one year from the date of purchase and not more than one-third at any time within two years from the date of purchase. Such commissioners or “trustees shall be authorized to issue to the purchaser the notes of the county or township, as the case may be, signed by the commissioners or trustees and attested by the signature of the county auditor or township clerk, and covering such de- ferred payments and payable at the times above provided, which notes may bear interest at not to exceed six per cent. per annum. In the legislation under which such notes are authorized, the county commissioners or township trustees shall make provision for levying and collecting annually by taxation an amount sufficient to pay the interest, if any, thereon and to provide a sinking fund for the final redemp- tion of such notes at maturity. The provisions of sections 5660 of the General Code shall apply only to such portion of 214 County SURVEYOR the purchase price of such machinery, tools, trucks or equip- ment as is to be paid in cash. The power herein conferred on township trustees shall be exercised by them only with the consent to and approval of such purchase and the terms thereof by the county com- missioners of the county. (108 v. Pt. I, 505.) Sec. 7202.. [Construction of walk or ditch across high- way.] It shall be unlawful for any person, firm or cor- poration to construct a walk or dig a ditch across a public highway outside of any municipality without the consent of ° the state highway commissioner in the case of an inter- county highway or main market road, county surveyor in the case of a county road, or township trustees in the case of a township road. (106 v. 618; 107 v. 116.) Sec. 7203. [Purchase of road material, etc.] The county commissioners or the county surveyor, when author- ized by the county commissioners, or the trustees of any township, may purchase from any public institution within the state any road material, machinery, tools or equipment, quarried, mined, prepared or manufactured by said institu- tion. (106 v. 619; 107 v. 116.) Sec. 7204. [Removal of obstructions, notice, expense.] It, shall be the duty’ of the owners or occupants of lands situated along the highways to remove all obstructions within the bounds of the highways which have been placed there either by themselves or their agents, or with their con- sent. It shall be the duty of all telephone, telegraph, steam or electric railway, or other electrical companies, oil, gas, water or public service companies of any kind, to remove their poles and wires, connected therewith, or any tracks, switches, spurs, or oil, gas or water pipes, mains, conduits or other objects when the same in the opinion of the state highway commissioner constitttte obstructions in any inter-county highway or main market road or interfere with the construc- tion, improvement, maintenance or repair of such inter-county 1 ee ee ee ee a i hs ry Wa. CouNTY SURVEYOR 215 highway or main market road or the use thereof by the traveling public; or when the same in. the opinion of the county surveyor constitute obstructions in any county or township road or interfere with the construction, improve- ment, maintenance or repair of such road or the use thereof by the traveling public, subject, however, to the rights of any such company to be or remain in. such highway, by virtue of any grant or franchise to said company. If in the . opinion of the state highway commissioner such companees - have obstructed any inter-county highway or main market road, or if in the opinion of th. county surveyor such com- panies have obstructed any county or township road, said state highway commissioner or county surveyor shall forth- with notify said owner, occupant or company, directing the removal of said obstructions, and if said owner, occupant or company shall not within five days proceed to remove said obstruction and complete the work of such removal within a reasonable time the state highway commissioner or the county surveyor may remove said obstructions. The expense thereby incurred shall be paid in the first instance out of any moneys levied and collected and available for highway pur- poses, and not appropriated for any other purpose, and the amount thereof shall be certified to the proper officials to be placed upon the tax duplicate against the property of such Owner, occupant or company, as provided by law, to be col- lected as other taxes and in one payment, and the proper fund shall be reimbursed out of the money so collected, or the cost of removing such obstructions may be collected from the owner, occupant or company by civil action by the state of Ohio on the relation of the state highway commissioner or by the county commissioners or township trustees. All such persons, firms or corporations shall be required to re- construct or relocate their properties or any part thereof upon any inter-county highway or main market road upon the order of the state highway commissioner if in the opinion of the state highway .commissioner the same constitute an 216 CoUNTYy SURVEYOR obstruction in such public highway; and all such persons, firms or corporations shall be required to reconstruct or re- locate their properties, or any part thereof, upon any county or township road upon the order of the county surveyor if in the opinion of such county surveyor the same constitute an obstruction in such county or township road. (106 y. 619; 107 v. 116.) 1. Rural mail boxes, placed by owners and patrons of the rural hail service, in such locations as to become obstructions to the public highways, may under such circumstances be removed by the Depart- ment of Highways and Public Works under the provisions of section 7204 G. C. : 2. That portion of a public road termed the dirt shoulder, and which extends several feet from the edges of the actual pavement, and is necessary for the purposes of public travel is equally deemed a por- tion of the public highway. Attorney General, Opinion No, 2480, Oct. 17, 1921. 1. Under the provisions of section 7204 G. C. (107 O. L. 116), the state highway commissioner in the case of inter-county highways or main market roads, and the county surveyor in the case of county and township roads, are authorized to make a finding that the placing within the limits of the highway or road of an advertising sign resembling in appearance the standard railroad crossing warning sign, constitutes an obstruction.. Upon the making of such finding the state highway com- missioner or county surveyor may proceed as pointed out in said sec- tion 7204 in the removal of such obstruction. 2. Prosecution for the placing of such signs within the limits of a highway may be had under the provisions of sections 13421-11 and 13421-22 G. C. Opinions of Attorney General, 1920, v. I, p. 335. Sec. 7204-1. It shall be unlawful for any person, firm, or corporation to erect, display, or maintain an advertising or other sign on, along, or near any public highway in any county of this state which resembles the highway crossing signs which steam and interurban railroads have erected in com- pliance with section 8852 of the General Code of Ohio at the crossings of public roads and railroads in that county. (109 v. 308.) CouNTY SURVEYOR 217 Sec. 7204-2. Any person, firm, or corporation who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five dollars nor more than twenty-five dollars; and each and every day that such violation shall continue shall be deemed to constitute a separate and distinct offense, and the erection, display or maintenance of each and every advertising or other sign referred to in this act, except such as provided in section 8852 of the General Code of Ohio, shall be deemed to constitute a separate offense. (109 y. 358.) Sec. 7204-3. It shall be the duty of the public utilities commission of Ohio to enforce the provisions of this act and to prosecute any and all violations thereof, and said com- mission is hereby authorized and directed to order the re- moval of any such prohibited sign. It shall be the duty of the attorney general of Ohio and the prosecuting attorney of any county in this state to carry into effect the orders of the public utilities commission made under this act, and to prosecute any and all violations of such orders, (109 v. 358.) Sec. 7205. [Construction of sidewalks upon petition. ] The county surveyor, upon the order of the county com- missioners or township trustees, shall construct or cause to. be constructed sidewalks of suitable materials, along the public highway, without any municipal corporation, upon the petition of a majority of the abutting property owners, and the expense of the construction of such sidewalks shall be paid by the county or township and the abutting prop- erty owner of owners in such proportion as may be deter- mined by the county commissicners or township trustees. Provided, however, that the abutting property owners shall pay not less than twenty-five per cent. of the cost of said sidewalks, and the county commissioners or township trus- tees may assess all of the cost of said sidewalks against the abutting property owners in proportion to benefits accruing 218 County SURVEYOR tc such property. The county commissioners or township trustees may by unanimous vote, order the construction of sidewalks along the public highway. without a municipal corporation, without a petition therefor, and may assess all or any part of the cost thereof against abutting property owners, provided, however, that notice shall first be given by publication for three successive weeks in some news- paper of general circulation within the county, stating that it is the intention of said county commissioners or township trustees to construct said sidewalks, and fixing a date for hearing on said improvement. Notice to all abutting prop-. erty owners shall be given by two publications in a news- paper of general circulation in said county at least ten days prior to the date fixed in said notice for the making of such assessments, and such notice shall state the time and place when abutting property owners will be given an opportunity to be heard with reference to said assessments, and the county commissioners or township trustees shall determine whether said assessments shall be paid in one or more in- stallments. (106 v. 619; 107 v. 117.) Sec. 7206. [Grade and width of sidewalks.] The county surveyor is hereby authorized to establish the grade and width of sidewalks constructed along the highways within the county and outside of any municipal corporation therein situated, and to designate the character of construction, and shall have general supervision of the same. No provision hereinbefore made for the construction of sidewalks shall prevent the state highway commissioner, county surveyor or township trustees from granting permission to the abutting property owners to construct sidewalks in front of their properties and along the public highway, but such sidewalks shall be constructed subject to the approval of the proper authorities. (106 v. 620; 107 v. 118.) Sec. 7207. [Entry by county surveyor on adjacent land.] The county surveyor or anyone acting under his Sent A.ete a oe, ae --@ ed ys — ee es “aj Dn oe Pete ares,

oo, « ; if “a ; County SURVEYOR 219 authority when authorized by the county commissioners or township trustees, may enter immediately: 1. Upon any lands adjacent to any of the highways in the county for the purpose of opening an existing ditch or drain, or for digging a new ditch or drain for the free passage of water for the drainage of highways. 2. Upon any lands adjoining rivers, streams, creeks, lakes, reservoirs, or ponds, to drive piles, throw up embankments, and perform such other labor as may be necessary to keep such rivers, streams, creeks, lakes, reservoirs or ponds within their proper channels or basins, and to prevent their encroachment upon the highways, bridges or culverts. 3. Upon the lands adjoining a highway, which during the spring freshets or at a time of high water, are subject to overflow from such rivers, streams, or creeks, to remove or change the position of a fence or other obstruction’ prevent- ing the free flow of water under or through a highway, bridge or culvert, whenever the county surveyor deems the same necessary for the protection of such highway, bridge or culvert. 4. Upon any lands adjacent to highways, to remove any fence or other obstruction which causes snow to drift upon such highway and erect snow fences or other devices upon such lands to prevent the drifting of snow in or upon such highway. (106 v. 620; 107 v. 118.) Sec. 7208. [Compensation and damages for entry.] When iands ate entered upon under the provisions of the preceding section, the county surveyor shall agree with the owners 6f such lands, subject to the approval of the county commissioners or township trustees, as to the amount of compensation and damages, if any, already sustained or to be sustained by such owner, and the amount of such com- pensation and damages so determined, shall be paid by the county or townships. If the county surveyor is unable to agree with such owner upon the amount of compensation and damages thus already “220 COUNTY SURVEYOR sustained or to be sustained, the amount. thereof shall be ‘determined by the county commissioners or township trus- tees, as the case may be. The amount shall be fixed ‘after ca hearing of which said owner shall have notice in the - manner provided in section 6913 of the General Code. The “owners of such lands shall have the right to appeal to the probate court, on the question of compensation and damages as provided in the chapter cf this act relating to road appeals. (106 v. 621; 107 v. 119.) Sec. 7209. [Planting of trees and shrubs along high- ways.|] The state highway commissioner may by a per- mit in writing authorize the owners of property adjoining inter-county highways and main market roads at their own expense to locate and plant trees and shrubs along inter- county highways and main market roads, subject to his approval as to kind, size and location. _The county sur- veyor shall have the same authority on county roads and the township trustees on township roads. (106 v. 621; 107 v. 119.) Sec. 7210. [Control of trees and shrubs.] The state highway commissioner shall have control of all trees and shrubs in the inter-county highways and main market roads of the state. The county surveyor shall have control of all trees and shrubs in the county roads of his county and the township trustees shall have control of all trees and shrubs in the township roads of their township. Provided, how- ever, that the Ohio State Agricultural or other proper de- partment may, with the consent of the proper authorities, take charge of the care of such trees, and such department shall have authority with the consent of the proper author- ities of the township, county or state to plant trees along the public highway and such department may use any funds available for the development of forestry in the state to pay the expense of the planting and care of such trees. The ownership of all trees so planted, shall remain in the public. (106-v. 621; 107 v. 119.) CouNTY SURVEYOR 221 Sec. 7211. [Troughs and fountains.]|} The county sur- yeyor when authorized by the county commissioners, shall construct and maintain watering troughs and drinking foun- tains along the public highways at convenient points and arrange to have the same supplied with fresh water, or when authorized by the county commissioners may contract with preperty owners to maintain such watering troughs and drinking fountains under such conditions and restrictions as may be required by said county surveyor. (106 v. 622; LON aver Oe) Sec. 7212. [Approaches and driveways.] The owners of land shall construct and keep in repair all approaches or driveways from the public roads under the direction of the county surveyor, provided, however, that if, in the construc- tion or improvement, maintenance and repair of any road the approach or driveway of an abutting property owner is destroyed, the authorities constructing, improving, main- taining or repairing such road shall compensate such abut- ting property owner of said lands for the ‘destruction of svch approach or driveway, or in lieu thereof authorize the ecunty surveyor to reconstruct the same at public expense. In the constrrction of a road improvement the state high- way commissioner or county surveyor may in all cases where the approaches of the owners of abutting real estate are unsuitable to a projected improvement or so constructed as not to afford proper drainaze after its completion, include in the plans for such improvement plans for proper ap- proaches. The entire cost of constructing such apprcaches may be assessed against the lands along which they are constructed. (106 v. 622; 107 v. 1290.) Sec. 7213. [Temporary highway, detour signs.] The ccunty surveyor shall, at the time he makes surveys, plans, profiles, cross-sections, estimates and specifications for any county, township or district. road improvement, or plans for the construction, improvement, or repait of any bridge or culvert, determine whether the making of such improvement 222 CouNTy SURVEYOR will require the closing to traffic of such highway, bridge or culvert. It shall be the duty of the county surveyor, when- ever practicable, to so prepare the plans and specifications for an improvement as to avoid closing to traffic at any one time the entire width of the highway or bridge being im- proved. It shall be unlawful for any contractor or other per- son to close a county or township highway, bridge or culvert, unless such action shall have first been determined to be necessary by the county surveyor. If the county surveyor determines that the making of the improvement will require the closing to traffic of the highway, bridge or culvert he shall further determine whether it is practicable to construct within the limits of the highway or to provide a new location for and construct a temporary highway, bridge or culvert to be used by travelers in lieu of the closed highway, bridge or culvert. His determination in respect to all matters above set forth shall be made in writing and shall accompany the copy of his surveys, plans, profiles, cross-sections, estimates and specifications filed with the county commissioners or township trustees. If the county surveyor determines that it is practicable to provide a new location for and construct a temporary hizhway, bridge or culvert he shall include plans for such temporary highway, bridge or culvert as part of the plan for the improvement. If he determines that it is impracticable to construct a temporary highway, bridge or culvert, he shall include as a part of the plans for the im- provement, plans, specifications and estimates for all neces- sary and proper barriers and detour signs. Signs must be so placed as to conspicuously indicate the points at which it is necessary for tra‘fic to leave the closed highway, and plainly mark the most direct practicable route to be followed, indi- cating the road to be followed by the detoured traffic at all road crossings and forks. The detour signs placed upon the closed highway at the points where the traffic shall leave the same must at all times during the period such highway is closed be marked between sun set and sun rise by a red light. ee A .§, CouNTy SURVEYOR 223 The costs and expense of constructing, temporary highways, bridges or culverts, or placing barriers and detour signs shall be included in and regarded as a part of the costs and ex- penses of the improvement and shall be paid accordingly. All temporary highways, bridges or culverts and all detour signs shall be maintained by the contractor until the perma- nent highways, bridge or culvert is completed and reopened for traffic. It shall be unlawful for any contractor or the county surveyor, when the county is proceeding by force account, to close any highway, bridge or culvert until such temporary highway, bridge or culvert has been constructed or such barriers and detour signs have been placed. Imme- diately upon the re-opening of the highway, bridge or culvert it shall be the duty of the contractor, or of the county sur- veyor in case the county is proceeding by force account, to immediately remove all barriers and detour signs. Not more than one mile of any highway shall be closed at any one time unless the location of intersecting roads makes neces- sary the closing of a greater length of road.- For the pur- pose of locating, constructing and erecting temporary high- ways or bridges the county surveyor or those acting under his authority may enter upon lands adjoining or near to a highway to be closed, and may with the approval of the county commissioners or township trustees, agree with the owners of such lands as to damage, if any, caused thereby. If the proper officers are unable to agree with such owners as to the amount of damages thus sustained, the amount thereof shall be ascertained, determined and paid as in the case of the condemnation of road materials. (106 v. 622; 107 v. 120.) One of the greatest abuses existing in Ohio in road construction has- been the failure to take care of the traffic during construction work by providing temporary highways or by providing a proper detour and placing the necessary detour signs. In so far as county work is con- cerned this matter is covered in the amendment of section 7218, whick contains a rigid detour provision. The county surveyor must in his plans determine whether it is necessary to close a highway or bridge during the improvement, and if he so determines he must include im 224 : ; CouNtTyY SURVEYOR his plans the necessary plans either for a temporary highway or for a detour. This temporary highway must be constructed or the necessary detour arranged and the signs placed before the road is closed to traffic, The cost of temporary highways or detour signs is made a part of the cost of constructing the improvement. Not more than one mile of any highway may be closed at any one time unless the location of 5 intersecting roads makes necessary, the closing of a greater length ; of road. CHAPTER VII TOWNSHIP TRUSTEES Sec. 3268. [Township trustees; general provisions; election and term.] Three trustees shall be elected, bi- ennially, in each township, who shall hold their office for a term of two years, commencing on the first day of January next after their election. (R. S. Secs. 1442, 1448.) Sec. 3269. [Bond of township trustees.] Before enter- ing upon the discharge of his duty, each township trustee shall give bond to the state for the use of the township, with at least two sureties, who shall be residents of the same township with the trustee, in the sum of five hundred dol- lars, conditioned for the faithful performance of his duty as trustee. Such bond shall be approved by a justice of the peace of the township in which the bond is given. (R. S. Sec. 1448a.) Sec. 3270. Additional or new bond. Sec. 3273. [Treasurer’s settlement with board of educa- tion.] At such December meeting the treasurer shall settle with the board of education of the township district, and for this purpose the treasurer of the township and the clerk and president of the board of education of the town- ship district shall attend the meeting. (R. S. Sec. 1458.) Sec. 3276. Collection of judgments against townships. Sec. 3277. How payment shall be made. Sec. 3278. Action on complaint of infectious disease. Sec. 3279. Regulations to prevent spread of disease. Sec. 3280. Shall preserve order at elections. Sec. 3281. Sale of township property. Sec. 3285. How hearse and vault may be provided. Sec, 3286. Election therefor. (225) 226 TOWNSHIP TRUSTEES Sec. 3294. [Compensation of trustees.] Each trustee shall be entitled to one dollar and fifty cents for each day of service in the discharge of his duties in relation to par- tition fences, to be paid in equal proportions by the parties, and two dollars and fifty cents for each day of service in the business of the township, to be paid from the township treasury. The compensation of any trustee to be paid from the treasury shall not exceed two hundred and fifty dollars in any year including services in connection with the poor. Each trustee shall present an itemized statement of his ac- count for such per diem and services, which shall be filed with the clerk of the township, and by him preserved for in- spection by any persons interested. (107 v. 698.) Sec. 3295. [Bonds for specific purposes; former issues for road improvement valid.] The trustees of any town- ship may issue and sell bonds in such amounts and denomina- tions, for such periods of time and at such rate of interest, not to exceed six per cent. for any of the purposes author- ized by law for the sale of bonds by townships or by mu- nicipal corporations for specific purposes, and for the pur- ‘pose of providing funds to pay the township’s share of the cost of any improvement made under an agreement with the county commissioners, when not less than two of such trustees. by an affirmative vote and by resolution, deem it necessary, and the provisions of law applicable to municipal corporations with reference to the limitations upon the amount of bonds to be issued, and for the submission of the question of their issuance to the voters, shall extend and apply to the trustees of townships. Such township bonds shall be advertised and sold in the manner provided by law. All bonds heretofore issued by township trustees under as- sumed authority for the improvement of roads in connection with county commissioners, shall, insofar as the same might otherwise be held invalid on account of the absence of power of such trustees to issue bonds for such purpose, be held to TOWNSHIP TRUSTEES 227 be legal, valid and binding obligations of the township issuing such bonds. (106 v. 536.) Sec. 3296. Township trustees authorized: to construct: or repair viaduct; bonds therefor. Ny Sec. 3297. How money raised for such purpose to. be expended. Sec. 3298. When bond issue is authorized by election. Road Construction Sec. 3298-1. [Power of trustees to improve roads.] The board of trustees of any township shall have power, as hereinafter provided, to construct, reconstruct, resurface or improve any public road or roads, or part thereof, under their jurisdiction, Such trustees shall also have the power to con- struct, reconstruct, resurface or improve any county road or inter-county highway or main market road within their township; provided, however, that in the case of a county road the plans and specifications for the proposed improve- ment shall first be submitted to the county commissioners of the county and shall receive their approval and in the case of an inter-county highway or main market road such plans and specifications shall first be submitted to the state high- way commissioner and shall receive his approval. The town- ship trustees shall have power to widen, straighten or change the direction of any part of a road in connection with the proceedings for its improvement. (106 v. 589; 107 y. ¢3.) Secs. 32981 to 3298-15n. These twenty-nine sections are a substitute for Chapter III of the Cass law, relating to road. construction by township trustees. Chapter III of the Cass law has proven defective and is practically unworkable in’ its present form. The scheme of the present township law is anything but good and it was deemed wise to discard the same. No good reason has ever been suggested why township trustees in constructing a road should proceed in a man- ner radically different from that followed by county commissioners, The existence of several different schemes of improvement leads to con- fusion and on the other hand the use of one general method), of procedure by all boards decreases the labors of local officials and tends 228 TOWNSHIP TRUSTEES to avoid confusion. The new township road construction law has there- fore been based as far as possible on the county law as corrected in this Act, Township trustees are authorized to proceed either on a petition or by unanimous vote without a petition. If they seek to build a county road their plans must be approved by the,commissioners and if they seek to build an inter-county or main market road .their plans must be approved by the state highway commissioner. Under all circum- stances their plans must be prepared by the county surveyor and the work must be done under his supervision. It must be borne in mind that the sections now under discussion relate to road construction or improvement as distinguished from repair work or dragging. Township trustees, proceeding in accordance with sections 3298-1 to 3298-1én, for the construction of a highway, are without authority to enter into an arrangement whereby the work is to be undertaken by a contractor at the estimate, and the contractor paid for all his labor and material and other expenses and charging for himself a fair daily wage, returning to the towrship treasury any money that may be left after paying the items named. Opinions of Attorney General, 1920, v. I, p. 681. Trustees of a township have no jurisdiction to lay out and estab- lish a township road through land lying in another township. Ober- helman v. Allen, 7 Ohio App, 251. Sec. 3298-2. [Petition by landowners.] When a peti- tion is presented to the board of trustees of any township asking for the construction, reconstruction, resurfacing or improvement of any public road, or part thereof, as herein- after provided for, signed by at least fifty-one per cent. of the land or lot owners, residents of the county, who are to be specially taxed or assessed for said improvement as here- after provided, the township trustees shall, within thirty days after such petition is presented, go upon the line of said proposed improvement and, after viewing the same, determine whether the public convenience and welfare require that such improvement be made. The petition shall state the method of paying the compensation, damages, costs and ex- penses of the improvement desired by the petitioners, who may request that the same be apportioned and paid in any one of the methods provided by section 3298-13 of the General Code. (106 v. 589; 107 v. 74.) i 5 > © Lc i: | ; . TowNnsHipe [TRUSTEES 229 Sec. 3298-3. [Who counted as petitioners. |] Lot or land owners who are not otherwise taxed than to raise the proportion of the cost and expenses of said improvement to be paid by the township as a whole shall not be considered as specially taxed or assessed for said improvement, and such persons shall not be counted either for or against the im- provement in determining whether the required number of persons have signed the petition for said improvement. (106 vy. 589; 107 v. 74.) Sec. 3298-4. [Who not counted for or against improve- ment] In determining whether the required number of persons have signed the petition asking for said improvement, necessary to give the township trustees jurisdiction thereof, the following persons shall not be counted either for or against the improvement: Resident land owners whose only real estate within the legal assessment distance of such road is located in a mu- nicipality : Owners of life and leasehold estates: Minors, and other persons under legal disability, unless represented by legal guardians, in which case the action of such guardian shall be binding upon such persons: All tenants in common of any undivided estate, resident within the county, shall be counted as a unit, and if all are not united either for or against the improvement, none of such tenants in common shall be counted in determining whether the requisite number of persons have signed such petition. No person signing a petition shall be permitted to withdraw therefrom unless the trustees shall find that there was fraud or misrepresentation in obtaining his signature. (106 v. 589; 107 v. 74.) Sec. 3298-5. [Improvement without petition] The township trustees may, without the presentation of a petition, take the necessary steps to construct, reconstruct, resurface, or improve a public road, or part thereof, as hereinbefore provided, upon the passage of a resolution by unanimous vote 230 TowNsuipe TRUSTEES declaring the necessity therefor. The cost and expense thereof may be paid in any one of the methods provided in section 3298-13 of the. General Code, as may be determined by the township trustees in said resolution, (106 vy, 590 ; 107 v. 75.) 1. “Maintenance and_ repair” by township trustees as mentioned in’ section $378 G,’.C. does ‘not include “improving” or “resurfacing”’ as those terms are used in section 3298-5 G. C. Opinions of Attorney General, 1919, v. 2, p. 1281, Sec, 3298-6. [Resolution; plats; surveys, etc.] When the board of township trustees has determined that any road shall be constructed, reconstructed, resurfaced or improved, as herein provided for, such board shall determine by resolu- tion by unanimous vote, if acting without petition, and by a majority vote, if acting upon a petition, the route and ter- mini of such road, the'kind and extent of the improvement, and at the same time shall order the county surveyor to make such surveys, plans, profiles, cross-sections, estimates and specifications as may be required for such improvement. The township trustees may order the county surveyor to make alternate surveys, plans, profiles, cross-sections, esti- mates and specifications, providing therein for different widths of roadway, or different materials, and approve all or any number of such alternate surveys, plans, profiles, cross-sec- tions, estimates and specifications. The county surveyor may, without instructions from the township trustees, prepare alternate surveys, plans, profiles, cross-sections, estimates and specifications, providing therein for different widths of road- ways or different materials. When alternate surveys, plans, profiles, cross-sections, estimates and specifications are ap- proved by the township trustees or submitted by the county surveyor on his own motion, the township trustees and county surveyor, shall after the opening of the bids agree which of the surveys, plans, profiles, cross-sections, estimates and specifications shall be finally adopted for the construc- tion of the improvement. (106 v. 590; 107 v. 75.) = TowNsHiIp TRUSTEES 231 In Sec. 3298-6, a provision has been inserted authorizing the use of alternate plans, which provision will prove both wise and popular and will tend to encourage the largest possible measure of competition between different materials. : Sec. 3298-7. [Surveys, plans, specifications; publication of notice.] Upon the completion of the surveys, plans, profiles, cross-sections, estimates and specifications, for such improvement by the county surveyor, he shall transmit to the township trustees copies of the same; and thereupon, except in cases of reconstruction or repair of roads, where no land or property are taken, the township trustees shall cause to be published in a newspaper, published in the county and of general circulation within such township, if there be any such paper published in the county, but if there be no such paper published in the county then in a newspaper having general circulation in said township, once a week for two consecutive weeks, a notice that such improvement is to be made and that copies of the surveys, plans, profiles, cross-sections, estimates and specifications for said improvement are on file with the township trustees for the inspection and examina- tion of all persons interested therein. Such notice shall also state the time and place for hearing objections to said im- provement, and for hearing claims for compensation for lands and property to be taken for said improvement or damages sustained on account thereof, and that unless such claims are filed in writing with the township trustees on or before the time fixed for hearing said claims, the same shall be waived, except as to minors and other persons under dis- ability. (106 v. 591; 107 v. 75; 108 v. Pt. I, 497.) Sec. 3298-8. [Appropriation of property; notice; hear- ‘ing.] In the event that land or property is to be taken for such improvement, such notice shall state whose land or property is to be appropriated, and the township trustees shall also cause such notice to be served at least ten days before said hearing on the owner of such piece of property to be appropriated. If resident within the county, such 232 TOWNSHIP TRUSTEES service shall be made by the county surveyor or his deputy or assistant by handing to each person personally a copy of such notice, or by leaving the same at the usual place of residence of such person. If any Owner or Owners are non- residents of the county, a copy of the newspaper containing such notice shall be mailed by the township clerk to each such owner whose property is to be taken, if his address be known to said clerk. Return of the time and manner of service shall be made and filed with the township trustees on or before the date fixed for hearing claims for compensa- tion. (106 v, 591; 107 v. 76.) Sec. 3298-9. [Claims for damages.] All claims for damages sustained on account of, or incident to, such im- provement and claims for compensation for land and property to be taken shall be in writing, setting forth the amount of damages or compensation, or both, claimed, together with a description of the property to be taken or damaged, and the same shall be filed with the board of trustees of said township on or before the time fixed for hearing such claims. (106 v. 591; 107 v. 76.) Sec. 3298-10. [Award of claims.] The board of town- ship trustees shall upon actual view of the premises allow compensation for land or property taken, and such damages as in their judgment will accrue from the construction of said improvement, to each person, firm, or corporation making application therefor, as herein provided, and they shall award such compensation and damages without any application to minors or other persons under disability, owning lands or property to be taken or damaged by the proposed improve- ment. Such compensation and damages shall be computed without deduction for benefits to such land or property. (4106 v. 091; 107 v. 76.) Sec. 3298-11. [Appeal to probate court; notice.] Any person, firm or corporation aggrieved by the finding of the trustees upon any application for compensation or damages, | may appeal to the probate court by giving the notice pro- ) f ] : r q ; TowNsHIpe [TRUSTEES 233 vided for in section 6891-1 of the General Code and by filing the bond therein’ provided, and such proceedings shall be thereafter had upon such appeal as are provided for appeals in road cases generally. (106 v. 591; 107 v. 76.) Sec. 3298-12. [Procedure after hearing claims.] De after hearing and determining all claims for compensation and damages on account of land or property taken for said improvement, or after the determination of such claims in the probate court on appeal, said board of trustees is still satisfied that the public convenience and welfare require that such improvement be made, and that the cost and expense thereof will not be excessive in view of the public utility thereof, said trustees shall order by resolution that they proceed with such improvement, and shall adopt the surveys, plans, profiles, cross-sections, estimates and specifi- cations therefor, as reported by the surveyor, or with such modifications thereof as the trustees and surveyors may agree upon. If, in view of the amount of the compensation and damages allowed, said board is of the opinion that said improvement should not be made, the trustees shall so order. (106 v. 592; 107 v. 76.) Sec. 3298-13. [Apportionment of compensation; costs, etc.] The compensation, damages, costs and expenses of the improvement shall be apportioned and paid in any one of the following methods, as set forth in the petition. All or any part thereof shall be assessed against the real estate abutting upon said improvement, or against the real estate situated within one-half mile of either side thereof, or against the real estate situated within one mile of either side thereof, according to the benefits accruing to such real estate; and the balance thereof, if any, shall be paid out of the proceeds of any levy or levies for road purposes upon the grand duplicate of all the taxable property in the township, or from any funds in the township treasury available therefor; when the board of township trustees acts by unanimous vote and without the filing of a petition, the trustees shall set 234 ToOWNsHiIp TRUSTEES forth in their resolution declaring the necessity for the im- provement, the method of apportioning and paying the com- pensation, damages, costs and expenses of the improvement, which may be any one of the methods above provided. (106 v. 992; 107 v. 77.) ; Sec, 3298-13 relating to the division of the cost and the method of assessment has been broadened to permit of practically any division that may be desired by the local authorities and owners of benefited real estate. The entire procedure has been modeled as closely as possible after that provided in this Act for the county commissioners and certain changes and supplementary provisions will be more particularly noted in that part of this memorandum relating to the county law. Under existing Statutes, lands owned by a board of education are not subject to assessment for road improvement, Opinions of Attorney General, 1919, y, 1, p. 780; Sec. 3298-14. [Property separated from improvement. ] When property is separated from an improvement by a canal, street or interurban railway, steam railway or in any sim- ilar manner, such property shall be regarded for the purpose of assessment under the township road improvement laws as property abutting upon said improvement and both the land owned or occupied by such street, interurban or steam railway and the land lying back thereof shall be assessed on account of said improvement in the manner provided by law. (106 v. 592; 107 v. 77.) Sec. 3298-15. [Total cost paid by tax levy.) The town- ship trustees upon a unanimous vote, may without a petition thereof [therefor], order that all the compensation, damages, costs, and expenses of constructing any improvement be paid out of the proceeds of any levy or levies for road purposes on the grand duplicate of the township, or out of any road improvement fund available thereof [therefor]. (106 y. 592; 107 v. 77.) Sec. 3298-15a. [Estimated assessment by surveyor; hearing.] As soon as all questions of compensation and a a Sa i J eat pute o f a : 4 4 ‘ P 4 “a TowNsHIp TRUSTEES 238 damages have been determined, the county surveyor shall make, upon actual view, an estimated assessment upon the real estate to be charged therein of such part of the com- pensation, damages, costs and expenses of said improve- ment as is to be specially assessed. Such estimated assess- ment shall be according to the benefits which will result to such real estate. In making such estimated assessment the surveyor may take into consideration any previous special assessment made upon such real estate for road improve- ments. The schedule of such estimated assessments shall be filed with the township trustees for the inspection of the _ persons interested. Before adopting the estimated assess- ment so made and reported, the trustees shall publish once each week for two consecutive weeks in some newspaper published in the county and of general circulation within such township, if there be any such paper published in the county, but if there be no such paper published in said county then in a newspaper having general circulation in said township, notice that such estimated assessment has been made, and that the same is on file with the township trustees, and the date when objections, if any, will be heard to such assessment. If any owner of property affected thereby desires to make ob- jections, he may file his objections to said assessments in writing with the township trustees before the time of said hearing. If any objections are filed the township trustees shall hear the same and act as an equalizing board, and they may change said assessments if, in their opinion, any change is necessary to make the same just and equitable, and such trustees shall approve and confirm said assessments as _ re- ported by the surveyor or modified by them. Such assess- ments, when so approved and confirmed, shall be a lien on the land chargeable therewith. (107 v. 77.) Sec. 3298-15b. [Assessments certified to county audi- tor.] All assessments, with interest accrued thereon, made as hereinbefore provided, shall be certified to the county auditor and by him placed upon a special duplicate to be 236 TOWNSHIP TRUSTEES collected as other taxes, and the principal shall be payable in not more than twenty semi-annual installments extending over a period of not more than ten years, as determined by the township trustees. In the event that bonds are issued to pay the compensation, damages, costs and expenses incident to such improvement, the principal sum of such assessments shall be payable in such number of equal semi-annual in- stallments as will provide a fund for the redemption of the bonds so issued, and such assessments shall bear interest from the date of and at the same rate as the bonds, and the interest shall be collected in like manner as the principal of such assessments. (107 v. 78.) The road improvement assessments mentioned in section 3298-15b G, C, may be paid in installments only and not as a lump sum, unless the tender of payment in lump includes interest on the assessments jn full from date of issue to cate of maturity of bonds issued by authority of section 8298-l5e G. C. in anticipation of such assessments, rate of interest to be the same as that named in the bonds. Opinions of Attorney General, 1920, v. I, p. 12. Sec. 3298-15c. [Apportionment between life estate and fee; appeal.] If any lands to be assessed are subject to a life estate, the assessments made thereon shall, upon appli- cation of the life tenant to ‘the trustees, be apportioned between the owner of the life estate and the owner of the fee in proportion to the value of their respective estates. Upon the filing of the application the trustees shall fix a date for hearing the same and cause notice of stich hearing to be served on the owner of. the fee in the manner pro- vided by section 3298-8 of the General Code. Either party to such apportionment may appeal to the probate court of the county from the decision of the trustees relating to the apportionment of such assessment by giving the notice pro- vided for in section 6891-1 of the General Code and by filing the bond provided for therein, and such proceedings shall be thereafter had upon such appeal as are provided for appeals in road cases. (107 v. 78.) rt ‘ TowNsHipe |RUSTEES Dol Sec. 3298-15d. [How township’s proportion paid] The proportion of the compensation, damages, costs and expenses of such improvement to be paid by the township shall be paid out of any road improvement fund available therefor. For the purpose of providing by taxation a fund for the payment of the township’s proportion of the compensation, damages, costs and expenses of constructing, reconstructing, resurfacing or improving roads under the provisions of sec- tions 3298-1 to 3298-15n inclusive of the General Code and for the purpose of maintaining, repairing or dragging any public road, or roads, or part thereof, under their jurisdiction in the manner provided in sections 3370 to 3376 inclusive of the General Code, the board of trustees of any township is hereby authorized to levy annually a tax not exceeding three mills upon each dollar of the taxable property of said township. Said levy shall be in addition to all other levies authorized by law for township purposes and subject only to the limitation on the combined maximum rate for all taxes now in force. The taxes so authorized to be levied shall be placed by the county auditor upon the tax duplicate against the taxable property of the township and collected by the county treasurer as other taxes. When collected such taxes shall be paid to the treasurer of the township from which they are collected and the money so received shall be under the control of the township trustees of such township for the purposes for which such taxes were levied. (107 v. 79.) Sections 3298-l5d and 3298-l5e G. C. do not repeal section 3959 by implication for the reason that this section by its term applies to municipal corporations, nor is section 3295 G. C. which makes the pro- visions of section 3939 applicable to township trustees, repealed by implication by the sections first above mentioned, for the reason that section 3295 is general in its terms and covers all of the purposes for which townships may issue bonds. State, ex rel., v. Zangerle, 100 O, S., 414. Tax levies made under authority of section 3298-15d (107 O. L. 79) are to be made upon all the taxable property of a township, including that of municipal corporations therein. Opinions of Attorney General, 1919, v. 1, p. 354. 238 TowNsuHip TRUSTEES Sec. 3298-15e. [Township trustees authorized to issue bonds in anticipation of tax.] The township trustees, in anticipation of the collection of such taxes and assessments, or any part thereof, may, whenever in their judgment it is deemed necessary, sell the bonds of said township in any amount not greater than the aggregate sum necessary to pay the estimated compensation, damages, costs and expenses of such improvement. Such bonds shall state for what purpose they are issued and shall bear interest at a rate not to exceed six per cent per annum, payable semi-annually, and in such amounts and to mature at such times as the trustees shall determine, subject to the provision, however, that said bonds shall mature in not more than ten years. Prior to the issu- ance of such bonds the township trustees shall, in case all or any part of said bonds are to be redeemed by special assess- ments, provide for the levying of a tax upon all the taxable Property of the township to cover any deficiencies in the payment or collection of any such special assessments. The sale of such bonds shall be advertised once not later than two weeks prior to the date fixed for such sale in a news- paper published in the county and of general circulation within such township, if there be any such paper published in the county, but if there be no such paper published in the county then in a newspaper having general circulation in said — township. Such bonds shall be sold to the highest bidder for not less than par and accrued interest. The proceeds of such bonds shall be used exclusively for the payment of the compensation, damages, costs and expenses of the improve- ment for which they are issued. (107 v. 79;.108 v. Pt. I, 1189.) Sec. 3298-15f. [Notice for bids; award of contract.] After the trustees have decided to proceed with said im- provement they shall advertise for bids once not later than two weeks prior to the date fixed for the letting of contracts in a newspaper published in the county and of general circu- lation within such township, if there be any such paper pub- — TowNsHie TRUSTEES 239 lished in the county, but if there be no such paper published in the county then in a newspaper having general circulation in said township. Such notice shall state that copies of the surveys, plans, profiles, cross-section, estimates and specifi- cations for such improvement are on file with the township trustees, and the time within which bids will be received. The township trustees may let the work as a whole or in convenient sections as they may determine. They shall award the contract to the lowest and best bidder. The contract shall be let upon the basis of lump sum bids, unless the trustees order that the same be let upon the basis of unit price bids, in which event it shall be let upon such basis. (107 v. 80.) Sec. 3298-15g. [Contract not over estimated cost.] No contract for any improvement shall be awarded at a greater sum than the estimated cost thereof. The bids received shall be opened at the time stated in the notice. If no bids are made within the estimate, the township trustees shall either readvertise at the original estimate, or amend the estimate and proceed to advertise at the amended estimate. The town- ship trustees shall have the right to reject all bids. (107 v. 80.) Sec. 3298-15h. [Bond of contractor; payment of esti- mates.] Before entering into a contract, the township trustees shall require a bond payable to the state of Ohio, for the use of said township in a sum equal ‘to the contract price with good and sufficient sureties or with a surety com- pany authorized to do business in the state of Ohio, con- ditioned on the faithful performance of the work in accord- ance with the plans and specifications. Such bond shall also indemnify the township against the damages that may be suf- fered by failure to perform such contract according to the provisions thereof, and in accordance with the specifications for said improvement. The township clerk shall not draw his warrant on the township treasurer in favor of any con- tractor for any estimates on account of any contract let 240 TOWNSHIP TRUSTEES under the provisions of the preceding sections until the affidavit of such contractor, or its officer or agent in the case of a corporation, that all indebtedness of such contractor on account of material incorporated into the work or de- livered on the site of the improvement, or labor performed thereon, has been paid, is filed with such township clerk. In lieu of such affidavit ‘the contractor may file the written consent of all persons who have furnished material, either incorporated into the work, or delivered on the site of the improvement, or performed labor thereon, that any estimate or estimates then due may be paid. Such consent. shall be accompanied by the affidavit of the contractor, or its officer or agent in the case of a corporation, that the consent bears the signatures of all persons who have furnished material, either incorporated in the work or delivered on the site of the improvement, or performed labor thereon and who have not been paid in full for such labor or material. Nothing herein contained shall be held to prevent the payment out of any estimate or estimates that may be due upon the assign- ment by the contractor to any person who has furnished material. for the work or performed labor thereon of the amount due for such material or labor. (107 v. 80.) Sec. 3298-151. [New contract for extra work.| In case of an unforeseen contingency not contemplated by the con- tract, allowance for extra work may be made by the town- ship trustees, but they must first enter into a new contract in writing for such extra work. In all cases where the amount of the original contract price is less than ten thou- sand dollars, and the amount of the estimate for such extra work exceeds five hundred dollars, the preceding ‘sections relating to advertising for bids shall apply to the letting of contracts for such extra work. If the amount of the original contract price is ten thousand dollars or more, the preceding sections relating to advertising for bids shall apply to all cases where the estimate for such extra work exceeds five per cent of the original contract price for such work. If TowNsHIpe [TRUSTEES 247 the estimate for such extra work is less than five hundred dollars, in all cases where the amount of the original contract price is less than ten thousand dollars, or if the estimate for such extra work is less than five per cent of the original contract price in all cases where the original contract price is ten thousand dollars or more, the contract for such extra work may be let by the township trustees at private contract without publication or notice, but no contract shall be awarded for such extra work at any price in excess of the original contract unit price for the same class or kind of work, if such there be, in connection with such contract. In case of any new class or kind of work the township trustees and contractor shall agree as to the price to be paid. The contractor shall submit his bid in writing and if accepted by the trustees they shall immediately enter into a written contract covering the extra work. The costs and expense of such extra work shall be paid by the township trustees out of any funds available therefor and the amount shall be charged to the cost of construction of said improvement and apportioned as the original contract price for said improve- ment. (107 v. 81.) Sec. 3298-15}. [Donations of labor or material.] The trustees may accept donations of labor or material for a proposed improvement and in determining which road shall first be improved they may, when acting by unanimous vote and without a petition, take into consideration the amount of such donations. The trustees may require the person or persons donating such labor or material to enter into a con- tract that such labor will be performed and material furnished at the time required by the trustees. Such contract shall set forth the value of such labor or material and in case of fail- ure to so furnish such labor or material the value so fixed in the contract shall be conclusive in any suit brought by the township trustees for damages for the breach of contract. (107 v. 81.) 242 TOWNSHIP TRUSTEES Sec. 3298-15k. [Supervision by county surveyor.] The work shall be done under the general supervision and direc- tion of the county surveyor and he may appoint some com- petent person or persons to act as inspector during the con- struction of such improvement. The person so appointed as inspector shall receive for each day actually employed at such work a sum not. to exceed four dollars to be fixed by the county surveyor and to be paid out of any fund avail- able for the construction of the improvement upon the order of the township trustees with the approval of the county sur- veyor, (107 v. 82.) Sec. 3298-151. [Estimates to be paid not over 85 per cent.] | Estimates may be paid to the contractor on ac- count of said work from time to time, but such estimates shall not exceed eighty-five per cent. of the value of the labor performed and material furnished prior to the date of such estimates. The trustees may pay such estimates as may be furnished from time to time by the county suryeyor and no payments shall be made except with the approval of such surveyor. The trustees shall inspect the work when com- pleted and make final payment therefor, with the approval of the county surveyor. (107 v. 82.) Sec. 3298-15m. [Record of proceedings.] The trustees shall provide the township -clerk with a suitable book in which he shall keep a complete record of proceedings for the construction, reconstruction, resurfacing or improvement of public roads. For making such record he shall receive ten cents for each one hundred words and for all other serv- ices in connection therewith he shall receive such reasonable compensation as may be allowed him by the township trus- teese) CLUS vs 82s) Sec. 3298-15n. [Joint improvements by townships.] The boards of trustees of two or more townships shall have the power to construct, reconstruct, resurface or improve a township road, or part thereof, along the line between such townships, or extending into or through all such townships, = TowNSHIpP TRUSTEES 243 or wholly within one township but within less than the legal assessment distance of the township line. In such case the several boards of township trustees, when acting as a joint board and when acting separately in the making of assess- ments and issuing bonds, shall be governed and controlled by the provisions of law relating to the construction of joint county road improvements by joint boards of county com- missioners in so far as the same are applicable. They shall also have the same power with respect to county roads and inter-county highways and main market roads located as above provided, subject to the limitation expressed in section 3298-1 of the General Code. (107 v. 82.) General and Taxation Provisions Sec. 3298-16. [Suits by township trustees for injury to road, ditch, drain, etc.] The board of township trustees may bring and maintain all suits in law or equity involving an injury to any township road, ditch, drain or water course, under the jurisdiction of such board of trustees, and for the prevention of injury thereto. In case such road, ditch, drain or water course is under the jurisdiction of two or more boards of trustees, such joint board of trustees may bring and maintain such action. Such board of trustees may re- cover by suit or otherwise, any real estate or interest therein, legal or equitable, belonging to the township or any money or other property due the township. (106 v. 647.) Sec. 3298-17. [Liability of township trustees for dam- ages.]| Each board of township trustees shall be liable, in its official capacity for damages. received by any person, firm or corporation, by reason of the negligence or careless- ness of said board of trustees in the discharge of its official duties. (106 v. 647.) Sec. 3298-18. [Annual tax levy, minimum maintenance and repair fund.] After the annual estimate for each township has been filed with the trustees of the township by the county surveyor they may increase or reduce the amount 244 - TowNsHie TRUSTEES of any of the items contained in said estimate and at- their first meeting after said estimate is filed they shall make their levies. for the purposes set forth in the estimate and for the purpose of creating a fund for dragging, maintenance and repair of roads, upon all the taxable property of the town- ship outside of any incorporated village or city, or part thereof therein situated, not exceeding in the aggregate two mills in any one year upon each dollar of the valuation of such tax- able property. Such levies shall be in addition to all other levies authorized by law for township purposes and subject only to the limitation upon the combined maximum rate for all taxes now in force. The provisions of this section shall not prevent the expenditure of any portion of the regular levy of two mills for township purposes, but the levies herein provided for are in addition.thereto. The board of township trustees of each township shall provide annually by taxation under the provisions of this section or under the provisions of section 3298-15d of the General Code or under both sec- tions’ an adequate fund for the maintenance and repair of township highways. The maintenance and repair fund so pro- vided shall not be less than one hundred dollars for each mile of improved township highways in the township and twenty dollars for each mile of unimproved township highway within the township. Such levy or levies for maintenance and re- pair purposes shall be separately set forth in the annual bud- get of the township trustees presented to the budget commis- sion, and the maintenance and repair levies so made by the township trustees pursuant to the provisions of this section shall be preferred levies as against any other levies made for township road purposes by such trustees. Should the budget commission of any county be unable, by reason of the limita- tions of law, to allow all of the road levies made by the town- ship trustees, such reductions as are necessary therein shall be first made in levies other than those for maintenance and re- pair purposes made under the provisions of this section. The fund produced by such levy or levies for maintenance and TowNsHir TRUSTEES 245 repair purposes shall not be subject to transfer by order of court or otherwise and shall be used solely for the main- tenance and repair of the township roads within the township. The provisions of this section shall not prevent the township trustees from using any other available road funds for the maintenance and repair of township roads. (106 v. 647; 107 v. 82; 108 v. Pt. I, 498.) Sec, 3298-19. [When fence may be declared public nuisance; removal.] Whenever any fence bounding any public highway and located wholly or in part on the land belonging to such highway shall in any way interfere with the proper grading, draining or dragging of such highway, or if such fence shall cause the drifting of snow or in any other manner obstruct or endanger the public travel of such high-’ way, the township trustees may declare such fence to be a public nuisance and shall have power to order the owner, agent or occupant of the lands on or bordering upon which such fence is maintained, to remove same from such high- way within thirty days, and if such owner, agent, or occupant refuses or neglects to comply with such order, the trustees shall have the same removed, and the expense so incurred shall be certified to the county auditor and entered on the tax duplicate against said land to be collected as other taxes. (106 v. 653.) Sec. 3298-20. [Tax levy to purchase property contain- ing stone or gravel; submission of question.] The trus- tees of a township may levy a tax in such amount, as they determine, to purchase real property, containing suitable stone or gravel, and the necessary machinery for operating the same, when deemed necessary for the construction, improve- ment, or repair of the public roads within the township, to be under the control of the trustees or a person appointed by them. The question of levying such tax, for such pur- pose, and the amount asked therefor shall be submitted to the qualified electors of the township at a general election. Twenty days’ notice thereof shall be previously given by posting in 246 TOWNSHIP TRUSTEES at least ten public places in the township. Such notice shall state specifically the amount to be raised. If a majority of all votes cast at such election are in favor of the proposition, the tax therein provided for shall be considered authorized. Such tax ‘may be levied in addition to all other taxes for township purposes, but subject however to the limitation on the combined maximum rate for all taxes now in force. (106 v. 653.) Sec. 3298-21. [Form of ballot.] The electors voting at such election shall have placed on their ballots the words, “Tax for purchase of real property for road. materials — Yes;” “Tax for purchase of real property for road materials — No.” (106 v. 654.) Sec. 3298-22. [Bonds in anticipation of tax.] When such tax has been voted in a township, the trustees thereof, i1 anticipation of such tax may issue the township bonds, in the aggregate amount not to exceed the tax voted less the interest on the bonds, in denominations of not less than one hundred dollars, bearing interest at a rate not exceeding five per cent. and payable not later than ten years from date. Such bonds shall not be sold below par, and accrued interest, and the proceeds shall be used solely for the purchase of such real estate and the necessary machinery for operating the same. Such bonds shall be signed by the trustees, counter- signed by the township clerk, and repaid from the tax when collected. (106 v. 654.) Sec. 3298-23. [Townships may join in purchase of prop- erty for road materials; election of superintendent; duties.] The township trustees of any township may join with the trustees of another township or townships of the same county or an adjoining county for the purpose of pur- chasing real property, containing suitable stone or gravel, and the necessary machinery for operating the same, in the man- ner herein provided, and when one or more townships have so joined together the real property containing suitable stone or gravel so purchased by them shall be held and owned by = TowNsHip TRUSTEES 247 said townships in common for the use and benefit of all, and they shall at a joint meeting of all the trustees of such town- ships after such purchase, organize by electing one of their members president of the joint board and one secretary of such board, and they shall select a manager or superintendent to manage said real property containing suitable stone or gravel, and provide rules and regulations for the conduct and management of the same. Said manager or superintendent shall be selected by a majority vote of ali the township trus- tees of the township or townships so interested in said prop- erty, and the trustees in such joint session shall fix the bond oi said manager or superintendent and approve the sureties of the same, and said manager or superintendent may be em- ployed by said trustees for a period not to exceed two years. Said joint board shall meet at such time and place as pro- vided in their rules and regulations: Any township now owning real property containing suitable stone or gravel, or that may hereinafter purchase such real property under the provisions of this chapter may by a majority vote of the trustees of said township sell an interest to any other town- ship or townships in the same county or an adjoining county, but the interest so sold must be an equal undivided interest between all the townships so interested, and no township shall purchase an interest in such real property until the question of such purchase has been submitted by a vote of the qualifed electors of said township or townships as herein provided. (106 y. 654.) Sec. 3298-24. [Sale of crushed stone, gravel, sand, etc.] From any real estate purchased and controlled, under and by virtue of section 3298-20 to 3298-23, inclusive, of the General Code, stone, crushed stone, stone screenings, dirt, gravel, sand or other similar material may be sold by the township trustees in control thereof to residents of the county or counties in which is situated the township or townships owning such real estate. Any of such materials needed in the construction, reconstruction, improvement, maintenance 248 TowNsHIP TRUSTEES or repair of a public school house, public road or any other public improvement, located in the county or counties in which is situated the township or townships owning such real estate, may be sold for use in such construction, recon- struction, improvement, maintenance or repair by the board or joint board of. township trustees. Such materials shall be sold at prices fixed by the board or joint board of township trustees in control thereof, which prices shall not be less than the full cost of producing such materials. The moneys arising from such sales in excess of the actual cost of pro- duction shall be placed in the pike repair fund of the town- ship or townships (107 v. 83; 109 v. 227.) Sec. 3298-24. This is a supplementary section designed to authorize the sale by townships owning gravel pits or stone quarries of the materials produced therefrom. These materials may under proper re- ‘strictions be sold to land owners within the township for the con- struction of private driveways connecting with improved public roads and may also be sold to school boards or other public authorities within the township for use in constructing public improvements. Township Road Districts Sec. 3298-25. [Road districts outside of municipalities. ] The board of trustees of a township in which township there is located a municipal corporation or corporations, or a part of a municipal corporation, may by resolution erect that portion of such township not included within the cor- porate limits of such municipal corporation or corporations into a road district, whenever in their opinion it is expedient and necessary and for the public convenience and welfare for the purpose of constructing, reconstructing, resurfacing or improving the public roads within such road district. The road district so created shall be given an appropriate name by which it shall be known and designated. (107 v. 83.) Secs. 3298-25 to 3298-58 contain what may be properly called a road district law. The Cass highway law had unwisely, as it developed, wiped out of existence all of the road district statutes of the state. Many: townships in Ohio with large tax duplicates and a low tax rate > tee ToWNsHIp TRUSTEES 249 contain a small village wherein the tax rate has reached the full limit allowed by law. In many instances the tax payers of these townships are strongly in favor of road construction and improvement, but the authorities are unable to proceed because under the exist- ing statutes all levies must be made on the ertire township and the high rate in the village prevents any further levy. The result is that a township with a large duplicate and a low tax rate is prevented from engaging in a road building program desired by a large majority of the tax payers. This section permits the trustees to create a road district out of the unincorporated territory within such a township and after the creation of the same all of the procedure for the con- struction of roads therein located is the same as in the case where the construction is undertaken by the entire township. A township road district (sections 3298-25 et seq., G. C.) is not authorized to use balances remaining from bond issues after the com- pletion of road improvement projects upon improvements other “than those for which such bonds were issued, nor is it authorized to invest such balances in other bonds of the district. It may, however, use the balances in redeeming before maturity, the bonds out of the pro- ceeds of which such balances remain, providing the holders of the bonds consent to such redemption. Opinions of Attorney General, 1920, v. IT, p. 922. Sec. 3298-26. [Powers of trustees in road districts. ] The board of trustees of any township, containing a road district created as above provided, shall have power, as hereinafter provided, to construct, reconstruct, resurface or improve. any township road or roads, or part thereof, within such district. Such trustees shall also have the power to construct, reconstruct or improve any county road or inter- county highway or main market road within such district, provided, however, that in the case of a county road the plans and specifications for the proposed improvement shall first be submitted to the county commissioners of the county and shall receive their approval, and in the case of an inter- county highway or main market road such plans and speci- fications shall first be submitted ‘to the state highway com- missioner and shall receive his approval. The township trustees shall have power to widen, straighten or change the direction of any part of a road in connection with the pro- ceedings for its improvement. (107 v. 84.) 250 TowNsHIe TRUSTEES Sec. 3298-27. [Petition to trustees by landowners. ] When a petition is presented to the board of trustees of any township containing a road district asking for the con- struction, reconstruction, resurfacing or improvement of any public road, or part thereof, within such road district, under the provisions of sections 3298-25 to 3298-53 inclusive of the General Code, signed by at least fifty-one per cent of the land or lot owners, residents of the county, who are to be specially taxed or assessed for said improvement as here- inafter provided, the township trustees shall, within thirty days after such petition is presented, go upon the line of said proposed improvement and, after viewing the same, determine whether the public convenience and welfare require that such improvement be made. The petition shall state the method of paying the compensation, damages, costs and expenses of the improvement desired by the petitioners, who may request that the same be apportioned and paid in any one of the methods provided by section 3298-38 of the Gen- eral Code. (107 v. 84.) Sec. 3298-28. [Who counted.as petitioners.] Lot and land owners who are not otherwise taxed than to raise the proportion of the cost and expense of said improvement to be paid by the road district as a whole shall not be con- sidered as specially taxed or assessed for said improvement, and such persons shall not be counted either for or against the improvement in determining whether the required num- ber of persons have signed the petition for said improvement. (107 v. 84.) Sec. 3298-29. [Who not counted for or against improve- ment.] _In determining whether the required number of persons have. signed the petition asking for said improve- ment, necessary to give the township trustees jurisdiction thereof, the following persons shall not he counted either for or against the improvement. Owners of life and leasehold estates. TOWNSHIP TRUSTEES 251 Minors, and other persons under legal disability, unless represented by legal guardians, in which case the action of such guardian shall be binding upon such persons. All tenants in common of any undivided estate, resident within the county, shall be counted as a unit, and if all are not united either for or against improvement, none of such tenants in common shall be counted in determining whether the requisite number of persons have signed such petition. No person signing a petition shall be permitted to with- draw therefrom unless the trustees shall find that there was fraud or misreprescntation in obtaining his signature. (107 y. 84.) Sec. 3298-30. [Improvement without petition.] The township trustees may, without the presentation of a peti- tion, take the necessary steps to construct, reconstruct, re- surface, or improve a public road, or part thereof, within such road district, as hereinbefore provided, upon the passage of a resolution by unanimous vote declaring the necessity therefor. The cost and expense thereof may be paid in any one of the methods provided in section 3298-38 of the Genera! Code, as may be determined by the township trustees in said resolution. (107 v. 85.) Sec. 3298-31. [Resolution; plats; surveys, etc.] When the board of township trustees has determined that any road within such district shall be constructed, reconstructed, resurfaced or improved, as herein provided for, such board shall determine by resolution by unanimous vote, if acting without a petition, and by a majority vote, if acting upon a petition, the route and termini of such road, the kind and extent of the improvement, and at the same time shall order the county surveyor to make such surveys, plans, profiles, cross-sections, estimates and specifications as may be required for such improvement. The township trustees may order the county surveyor to make alternate surveys, plans, profiles, cross-sections, estimates and ,specifications, providing therein for different widths of roadway or dif- 252 TOWNSHIP TRUSTEES ferent materials, and approve all or any number of such alternate surveys, plans, profiles, cross-sections, estimates and specifications. The county surveyors may, without in- structions from the township trustees, prepare alternate sur- veys, plans, profiles, cross-sections, estimates and_ specifica- tions, providing therein for different widths of roadway or different materials. Where alternate surveys, plans, profiles, cross-sections, estimates and specifications are approved by the township trustees, or submitted by the county surveyor on his own motion, the township trustees and county sur- weyor shall after the opening of the bids agree which of the surveys, plans, profiles, cross-sections, estimates and specifications shall be finally adopted for the construction of the improvement. (107 v. 85.) Sec. 3298-32. [Plans, surveys, etc., notice of improve- ment.] Upon the completion of the surveys, plans, pro- files, cross-sections, estimates, and specifications, for such im- provement by the county surveyor, he shall transmit to the township trustees copies of the same; and thereupon, except im cases of reconstruction or repair of roads, where no lands or property are taken, the township trustees shall cause to be published in a newspaper, published in the county and of gen- eral circulation within such district, if there be any such paper published in the county, but if there be no such paper published in the county, then a newspaper having general circulation in said district, once a week for two consecutive weeks, a notice that such improvement is to be made and that copies of the surveys, plans, profiles, cross-sections, estimates and specifications for said improvement are on file with the township trustees for the inspection and examination of all persons interested therein. Such notice shall also state the time and place for hearing objections to said improvement, and for hearing claims for compensation for lands and prop- erty to be taken for said improvement or damages sustained on account thereof, and that unless such claims are filed in writing with the township trustees on or before the time fixed Tare ee TowNsHip TRUSTEES 253 for hearing said claims, the same shall be waived, except as to minors and other persons under disability. (107 v. 86; 108 > gad Sg Wa Bee EN Sec. 3298-33. [Appropriation of property; notice; hearing.] In the event that land or property is to be taken for such improvement, such notice shall state whose land or property is to be appropriated, and the township trustees shall also cause such notice to be served at least ten days before said hearing on the owner of such piece of prop- erty to be appropriated. If resident within the county, such service shall be made by the county surveyor or his deputy or assistant by handing to each person personally a copy of such notice, or by leaving the same at the usual place of_resi- dence of such person. If any owner or owners are non- residents of the county, a copy of the newspaper containing such notice shall be mailed by the township clerk to each such owner whose property is to be taken, if his address be known to said clerk. Return of the time and manner of service shall be made and filed with the township trustees on or before the date fixed for hearing claims for compensa- tion. (107 v. 86.) Sec. 3298-34. [Claims to be in writing.] All claims for damazes sustained on account of, or incident to, such im- provement and claims for compensation for land and property to be taken shall be in writing, setting forth the: amount of damages or compensaticn, or both, claimed, together with a description of the property to be taken or damaged, and the same shall be filed with the hoard of trustees of the town- ship containing such road district on or before the time fixed for hearing such claims. (107 vy. 86.) Sec. 3298-35. [Allowance of compensation and dam- ages.]_ The board of township trustees shall upon actual view of the premises allow compensation for land or prop- erty taken, and such damages as in their judgment will accrue from the construction of said improvement, to each person, firm, or corporation, making application therefor, as herein 254 TOWNSHIP TRUSTEES provided, and they shall award such compensation and dam- ages without any application to minors or other persons under disability, owning lands or property to be taken or damaged by the proposed improvement. Such compensation and dam- ages shall be computed without decuction for benefits to such land or property. (107 v. 86.) Sec. 3298-36. [Appeal; bond.] Any person, firm or cor- poration aggrieved by the finding of the trustees upon any application for compensation or damazes, may appeal to the probate court by giving the notice provided for in Sec. 6891-1 of the General Code and by filing the bond therein provided. and such proceedings shall be thereafter had upon such ap- peal as are provided for appeals in road cases generally. (107 v. 87.) Sec. 3298-37. [Procedure after hearing claims.] If, after hearing and determining all claims for compensation and damages on account of land or property taken for said improvement, or after the determination of such claims in the probate court on appeal, said board of trustees is still satisfied that the public convenience and welfare require that such improvement be made, and that the cost and expense thereof will not be excessive in view of the public utility thereof, said trustees shall order by resolution that they pro- ceed with such improvements» and shall adopt the surveys, plans, profiles, cross-sections, estimates and specifications therefor, as reported by the surveyor, or with such modifica- tions thereof as the trustees and surveyor may agree upon. If, in view of the amount of the compensation and damages allowed, said board is of the opinion that said improvement should not be made, the trustees shall so order. (107 v. 87.) Sec. 3298-38. [Methods of payment.] The compensa- tion, damages, costs and expenses of the improvement shall be apportioned and paid in any one of the following methods, as set forth in the petition: All or any part thereof shall be assessed against the real estate abutting upon said improvement, or against the real TownsuHip [TRUSTEES 255 estate situated within one-half mile of either side thereof, or against the real estate situated within one mile of either side thereof, according to the benefits accruing to such real estate; and the balance thereof, if any, shall be paid out of the proceeds of any levy or levies for road purposes upon the grand duplicate of all the taxable property in the road dis- trict or from any funds in the hands of the township treas- urer, belonging to such road district, available therefor ; When the board of township trustees acts by unanimous vote and without the filing of a petition, the trustees, shall set forth in their resolution declaring the necessity for the im- provement, the method of apportioning and paying the com- pensaticn, damages, costs and expenses of the improvement, which may be any one of the methods above provided: (107 y. 87.) Sec. 3208-39. [Property separated from improvement. | Where property is separated from an improvement by a canal. street or interurban railway, steam railway or in any other similar manner, such property shall be regarded for the purpose of assessment under the road district improve- ment laws as property abutting upon said improvement and both the land owned or occupied by said street, interurban or steam railway and the land lying back thereof shall be assessed on account of said improvement in the mafner pro- vided by law. (107 v. 87.) Sec. 3298-40. [AI] costs paid by tax levy.] The town- ship trustees upon a unanimous vote, may without a petition therefor, order that all the compensation, damazes, costs, and expenses of constructing any improvement be paid out of the proceeds of any levy or levies for road purposes on the grand duplicate of the road district or out of any road im- provement fund of the district available therefor. (107 v. 88.) Sec. 3298-41. [Estimated assessment by surveyor; hearing.] As soon as all questions of compensation and damages have been determined, the county surveyor shall 256 TOWNSHIP TRUSTEES make, upon actual view, an estimated assessment upon the real estate to be charged therewith of such part of the com- pensation, damages, costs and expenses of said improvement as is to be specially assessed. Such estimated assessment shall be according to the benefits which will result to such real estate. In making such estimated assessment the sur- veyor may take into consideration any previous special assess- ment made upon such real estate for road improvements. The schedule of such estimated assessments shall be filed with the township trustees for the inspection of the persons in- terested. Before adopting the estimated assessment so made and reported, the trustees shall publish once each week for two consecutive weeks in some newspaper published in the county and of general circulation within such district, if there be any such paper published in the county, but if there be no such paper published in said county then in a newspaper having general circulation in said district, notice that such estimated assessment has been made, and that the same is on file with the township trustees, and the date when objections, if any, will be heard to such assessment. If any owner of property affecte’ thereby desires to make objections, he may file his objections to said assessments in writing with the township trustees before the time for said hearing. If any objections are filed the township trustees shall hear the same and act as an equalizing board, and they may change said assessments if, in their opinion, any change is necessary to make the same just and equitable, and such trustees shall approve and confirm said assessments as reported by the surveyor or modified by them. Such assessments, when so ap- proved and confirmed, shall be a lien on the land chargeable therewith. (107 v. 88.) Sec. 3298-42. [Assessments certified to county auditor. ] All assessments, with interest accrued thereon, made as here- inbefore provided, shall be certified to the county auditor and by him placed upon a special duplicate to be collected as other taxes, and the principal shall be payable in not more TowNsHIp [RUSTEES 257 than twenty semi-annual. installments extending over a period of not more than ten years, as determined by the township trustees, In the event that bonds of the road district are is- sued to pay the compensation, damages, costs and expenses incident to such improvement, the principal sum of such as- sessments shall be payable in such number of equal. semi- annual installments as will provide a fund for the redemp- tion of the bonds so issued, and such assessments shall bear interest from the date of and at the same rate as the bonds, and the interest shall be collected in like manner as the prin- cipal of such assessments. (107 v. 88.) Sec. 3298-43. [Apportionment between life estate and fee; appeal.] If any lands to be assessed are subject to a life estate, the assessments made thereon shall, upon appli- cation of the life tenant, to the trustees, be apportioned be- tween the owners of the life estate and the owner of the fee in proportion to the value of their respective estates. Upon the filing of the application the trustees shall fix a date for hearing the same and cause notice of such hearing to be served on the owner of the fee in the manner provided by section 3298-33 of the General Code. Either party to such apportionment may appeal to the probate court of the county from the decision of the trustees relating to the apportion- ment of such assessment by giving the notice provided for in section 6891-1 of the General Code by filing the bond pro- vided for therein, and such proceedings shall be thereafter had upon such appeal as are provided for appeals in road cases. (107 v. 89.) Sec. 3298-44. [How proportion of road district paid.] The proportion of the compensation, damages, costs and ex- penses of such improvement to be paid by the road district shall be paid out of any road improvement fund available therefor. For the purpose of providing by taxation a fund for the payment of the road district’s proportion of the com- pensation, damages, costs and expenses of constructing, re- 258 ‘TOWNSHIP TRUSTEES constructing, resurfacing or improving roads under the pro- visions of sections 3298-25 to 3298-53, inclusive, of the Gen- eral Code, the board of trustees of any township containing a road district is hereby authorized to levy annually a tax not exceeding three mills upon each dollar of the taxable prop- erty of said district. Said levy shall be subject only to the limitation on the combined maximum rate for all taxes now | in force. The taxes so authorized to be levied shall be placed by the county auditor upon the tax duplicate against the tax- able property of the road district and collected by the county treasurer as other taxes. When collected such taxes shall be paid to the treasurer of the township containing the road district from which they are collected and the money so re- ceived shall be under the control of the township trustees of such township for the purpose of constructing, reconstruct- ing, resurfacing or improving the public roads of such dis- trict. (107 y. 89,) Sec. 3298-45. [Road district bonds authorized in an- ticipation of tax.] The township trustees, in anticipa- tion of the collection of such taxes and assessments, or any part thereof, may whenever in their judgment it is deemed necessary, sell the bonds of said road district, in any amount not greater than the aggregate sum necessary to pay the esti- mated compensation, damages, costs and expenses of such improvement. Such bonds shall state for what purpose they are issued and shall bear interest at a rate not to exceed six per cent per annum, payable semi-annually and in such amounts and to mature at such times as the trustees shall determine, subject to the provision, however, that said bonds shall mature in not more than ten years. Prior to the issu- ance of such bonds the township trustees shall, in case all or any part of said bonds are to be redeemed by special assess- ments, provide for the levying of a tax upon all the taxable property of the road district, to cover any deficiencies in the payment or collection of any such special assessments. The sale of such bonds shall be advertised once, not later than TowNsHip TRUSTEES 259 two weeks prior to the date fixed for such sale, in a news- paper published in the county and of general circulation within such district, if there be any such paper published in the county, but if there be no such paper published in the county then in a newspaper having general circulation in said district. Such bonds shall be sold to the highest bidder for not less than par and accrued interest. The proceeds of such bonds shall be used exclusively for the payment of the compensa- tion, damages, costs and expense of the improvement for which they are issued. (107 v. 89; 108 v. Pt. II, 1190.) Sec. 3298-46. [Notice for bids; award of contract.] After the trustees have decided to proceed with said improve- ment, they shall advertise for bids once not later than two weeks prior to the date fixed for the letting of contracts in a newspaper published in the county and of general circula- tion within such district, if there be any such paper published in the county, but if there be no such paper published in the county then a newspaper having general circulation in said district. Such notice shall state that copies of the surveys, plans, profiles, cross-sections, estimates and specifications for such improvement are on file with the township trustees, and the time within which bids will be received. The township trustees may let the work as a whole or in convenient sections as they may determine. They shall award the contract to the lowest and best bidder. The contract shall be let upon the basis of lump stm bids, unless the trustees order that the same be let upon the basis of unit price bids, in which event it shall be let upon such basis. (107 v.90.) Sec. 3298-47. [Award not for more than estimated cost; bids rejected.] No contract for any improvement shall be awarded at a greater sum than the estimated cost thereof. The bids received shall be publicly opened at the time stated in the notice. If no bids are made within the estimate, the township trustees shall either re-advertise at the original es- timate, or amend the estimate and proceed to advertise at 260 TowNsuHtie TRUSTEES the amended estimate. The township trustees shall have the right to reject all bids. (107 vy. 90.) Sec. 3298-48. [Bond of contractor; payment of esti- mates.] Before entering into a contract, the township trustees shall require a bond payable to the’ state of Ohio, for the use of said road district in a sum equal to the con- tract price with good and sufficient sureties or with a surety company authorized to do business in the state of Ohio, con- ditioned on the faithful performance of the work in accord- ance with the plans and specifications. Such bond shall also indemnify the road district against the damages that may be suffered by failure to perform such contract according to the provisions thereof, and in accordance with the specifications for said improvement. No warrants shall be drawn in favor of any contractor nor shall any payments be made to any contractor for any estimates on account of any contract let under t*e provisions of the precedinz sections, until the afh- davit of such contractor, or its officer or agent, in the case ofa corporation, that all indebtedness of such contractor on account of material incorporated in the work or delivered on the site of the improvement or labor performed thereon is filed with the’ township clerk. In lieu of such affidavit the contractor may file the written consent of all persons who have furnished matemal, either incorporated in the work or delivered on the site of the improvement, or performed labor thereon, that any estimate or estimates then due may be paid. Such consent shall be accompanied by the affidavit of tke contractor, or its officer or azent, in the case of a corporation, that the consent bears the signature of all per- sons who have furnished material, either incorporated in the work or delivered on the site of the improvement, or performed labor thereon, and who have not been paid in full for such labor or material. Nothing herein contained shall be held to prevent the payment, out of any estimate or esti- mates that may be due, upon the assignment by the con- tractor to any person who has furnished material for the TowNsHIP [TRUSTEES 261 work or performed labor thereon of the amount due for such material or labor. (107 v. 90.) Sec. 3298-49. [New contract for extra work.] In case of unforeseen contingency not contemplated by the contract, allowances for extra work may be made by the township trustees, but they must first enter into a new contract in writing for such extra work. In all cases where the amount of the original contract price is less than ten thousand dol- lars, and the amount of the estimate for such extra work exceeds five hundred dollars, the preceding sections relating to advertising for bids shall apply to the letting of contracts for such extra work. If the amount of the original contract price is ten thousand dollars or more, the preceding sections relatiug to advertising for bids shall apply toeall cases where the estimate for such extra work exceeds five per cent of the original contract price for such work. If the estimate for such extra work is less than five hundred dollars, in all cases where the amount of the original contract price is less than ten thousand dollars, or if the estimate for such extra work is less than five per cent of the original contract price in all cases where the original contract price is ten thousand dollars or more, the contract for such extra work maybe let by the township trustees at private contract without publi- cation or notice, but no contract shall be awarded for such extra work at any price in excess of the original contract unit price for the same class or kind of work, if such there be, in connection with such contract. In case of any new class or kind of work the township trustees and contractor shall agree as to the price to be paid. The contractor shall submit his bid in writing and if accepted by the trustees they shall immediately enter into a»written contract covering the extra work. The costs and expense of such extra work shall be paid by the township trustees out of any funds of the road district available therefor and the amount shall be charged to the cost of construction of said improvement and 262 5 TowNsHipe [TRUSTEES apportioned as the original contract price for said improve- ment. (107 v. 91.) Sec. 3298-50. [Donations of labor or material.] The trustees may accept donations of labor or material for a proposed improvement within a road district, and in de- termining which road:shall first be improved they may, when acting by unanimous vote and without a petition, take into consideration the amount of such donations. The trustees may require the person or persons donating such labor or material to enter into a contract with the road district that such labor will be performed and material furnished at the time required by the trustees. Such contract shall set forth the value of such labor or material and in case of failure to so furnish such labor or material the value so fixed in the contract shall be conclusive in any suit brought by the town- ship on behalf of the road district for damages for the breach of contract. (107. v: °92.) Sec. 3298-51. [Supervision by county surveyor.] The work shall be done under the general supervision and direc- tion of the county suftveyor and he may appoint some com- petent person or persons to act as inspector during the construction of such improvement. The person so appointed as inspector, shall receive for each day actually employed at such work a sum not to exceed four dollars to be fixed by the county surveyor and to be paid out of any fund available for the construction of the improvement upon the order of the township trustees with the approval of the county sur- veyor. (107. v. 92.) Sec. 3298-52. - [Estimates in excess of 85 per cent. not to be paid.] Estimates may be paid to the contractor on account of said work from time to time but such estimates shall not exceed eighty-five per cent of the value of the labor performed and material furnished prior to the date of such estimate. The trustees may pay such estimates as may be furnished from time to time by the county surveyor and no TOWNSHIP TRUSTEES ‘ 263: payment shall be made except with the approval of such surveyor. The trustees shall inspect the work when com- pleted and make final payment therefor, with the approval of the county surveyor. (107 v. 92.) Sec. 3298-53. [Record of improvement proceedings. |] The trustees shall provide the township clerk with a suitable book in which he shall keep a complete record of. proceedings for the construction, reconstruction, resurfacing or improve- ment of the public roads of such road district. For making such record he shall receive ten cents for each one hundred words and for all other services in connection therewith he shall receive such reasonable compensation as may be allowed him by the township trustees. Such compensation shall be paid out of the funds of the district. (107 v. 92.) Sec. 3298-53a. [Townships outside municipalities erected into road district; tax levy.] The board of trustees of a township, in which township there is located a municipal corporation or corporations, or a part of a municipal corpo- ration, and in which township that portion thereof not in- cluded within the corporate limits of such municipal corpo- ration or corporations has been erected into a road district, shall be authorized to enter into an agreement with the county commissioners of the county within which such town- ship is situated, providing for the construction, improvement, maintenance or repair by said board of county commission-: ers of a road within such road district, and such board of township trustees shall be authorized to assume on_ behalf of such road district such proportion of the compensation, damages, costs and expenses of said improvement as they may deem proper. The remainder of the compensation, dam- ages, costs and expenses of such improvement shall be paid in part by the county and shall in part be assessed against the real estate abutting upon said improvement, or against the: real estate situated within one-half mile of either side thereof,. or against the real estate situated within one mile of either: 264 TOWNSHIP TRUSTEES side thereof, or against the real estate situated within two miles of either side thereof, as may be fixed by the terms of said agreement between the county commissioners and town- ship trustees. For the payment of that part of the compen- sation, damages, costs and expenses assumed by the town- ship trustees on behalf. of said road district, said trustees shall be authorized to levy taxes against said road district and issue the bonds of said road district under the provisions of sections 3298-44 and 3298-45 of the General Code. The road district shall pay to the county treasurer its agreed pro- portion of the estimated compensation, damages, costs and expenses of said improvement as fixed in said agreement be- tween the county commissioners and the township trustees out of the proceeds of any such tax levies or bond issues. All proceedings relating to the letting of the contract, the supervision of the work and the making of assessments and all other proceedings in connection with such improvement except as provided for by this section shall be conducted by the county commissioners as in the case of the construction, improvement, maintenance and repair of county roads. Such board of township trustees shall also be authorized to enter into an agreement with the county commissioners pro- viding for the construction by the state highway department upon the application of such county commissioners of a road improvement within such road district and shall be author- ized to assume on behalf of such road district such propor- tion of the compensation, damages, costs and expenses of such improvement as may to them seem proper. In the event of their making such an agreement, they shall in like man- ner be authorized to levy taxes upon and issue the bonds of such road district as hereinbefore provided and pay to the ‘county commissioners out of the proceeds of such tax levies and bond issues, their agreed proportion of such compensa- tion, damages, costs and expenses. (109 v. 165.) TowNsHip TRUSTEES 265 Road Dragging and Repair by Township Trustees Sec. 3370. [Methods of maintenance and repair.] The township trustees shall have control of the township roads of their township and shall keep the same in good repair. The township trustees may, with the approval of the county commissioners or state highway commissioner, as the case may be, maintain or repair a county road or inter-county highway or main market road within the limits of their township. In the maintenance and repair of roads the town- ship trustees may proceed in any one of the following methods as they may deem for the best interest of the public, to-wit : — 1. They may designate one of their number to have charge of the maintenance and repair of roads within the town- ‘ship, or 2. They may divide the township into three road districts, in which event each trustee shall have charge of the main- tenance and repair of roads within one of such road districts, or 3. They may appoint some competent person, not a mem- ber of the board of trustees, to have charge of the mauin- tenance and repair of roads within the township which per- son shall be known as township highway superintendent, and shall serve at the pleasure of the township trustees. The method to be followed in each township shall be determined by the township trustees by resolution duly entered on their records. (106 v. 5938; 107 v. 93.) Secs. 3370 to 3376 are a substitute for Chapters IV and V of the Cass law relating to repair work and dragging by township trustees. The present statutes have proven cumbersome and-an effort has been made to repeal all useless and “red tape’’ provisions and to provide a plain, simple and easily understood statute. The experiment of giving the county surveyor some measure of control over minor repair and dragging operations by township trustees has proven a failure and under this Act the trustees will act independently in these minor operations. 266 TowNsHipe JRUSTEES In section 3370 an effort has been made to meet the general de- mand for some measure of local self-government in these matters and. the trustees are authorized to proceed in any one of three methods. They may designate one of their number to have charge of the repair and dragging, or they may divide the township into three road districts and assign one trustee to each district; or they may appoint a township road superintendent not a member of the board of trustees to have charge of the repair and dragging of roads within the township. Township trustees,. in appointing a township highway superin- tendent in accordance with sections 3370 and 38371, General Code (107. O. L. 98), are not authorized to fix the compensation on the basis of a month or longer period, but must apportion the compensation. to the time for which the superintendent is actually employed in the discharge of his duties; nor are such trustees authorized to employ such superintendent for any fixed period. Opinions of Attorney General, 1919, v. 1, p. 362. Sec. 3371. [Township highway superintendent; bond.] When the trustees of any township determine to proceed. - in the third method hereinbefore . provided and appoint a township highway superintendent such superintendent. shall before entering upon the discharge of his duty give bond to the state of Ohio for the use of the township in the sum of two hundred dollars, conditioned upon the faithful per- formance of his duty. Such bond shall be anproved by the trustees of the township and filed with the clerk thereof. The township trustees shall fix the compensation of the township highway superintendent for time actually employed in the discharge of his duties, which compensation shall be paid from the township road fund. The compensation and all proper and necessary expenses, when approved by the trustees, shall be paid by the township treasurer upon war- rant of the township clerk. (106 v. 594; 107 y. 93.) Sec. 3371-1. [County surveyor has supervision of main- tenance and repair.] In the maintenance and repair of roads the township trustees and any township highway super- intendent, appointed by them, shall be subject to the general supervision and direction of the county surveyor. They shall follow the direction of the county surveyor as to methods to be followed in making repairs and all expenditures made: aie TowNsuip [TRUSTEES 267 by them for maintenance and repair purposes shall where the amount involved exceeds fifty dollars receive the approval of the county surveyor before payment is made. (108 v. Pt. I, 499.) Sec. 3372. [Per diem when trustee designated.] When the trustees of any township determine to proceed in either the first or the second method hereinbefore provided, the trustee or trustees designated to have charge of the main- tenance and repair of roads and culverts within the town- ship, or within a road district thereof, shall receive two dollars and fifty cents for each day of service in the dis- charge of such duties, but the total compensation of any township trustee to be paid from the treasury under this and all other sections of the General Code shall not exceed two hundred and fifty dollars in any year. (106 y. 594; 107 vi. 93:) The salary provisions for township trustees found in section 3372 was amended in order to harmonize with the provisions of another Act previously passed by the present General Assembly. The-trustees are authorized to proceed either by contract or force account}. The proper dragging of roads has been made mandatory in so far as that result can be accomplished by law by requiring the trustees in their semi-annual appropriation resolution to set aside out of their road funds a.sum sufficient to pay for dragging the roads during the ensuing six months before making any other appropriation from such fund Sec. 3373. [Maintain or repair by contract or force account; competitive bidding.] In the maintenance and repair of roads the township trustees may proceed either by contract or force account. When they proceed by contract the contract shall, in case the amount involved exceeds two hundred dollars, be let by the township trustees to the lowest responsible bidder after advertisement for bids once not later than two weeks prior to the date fixed for the letting of such contract, in a newspaper published in the county and of gen- eral circulation within such township, if there be any such paper published in the county, but if there be no such paper 268 TowNsuHip TRUSTEES . published in the county, then in a newspaper having general circulation in said township. If the amount involved is two hundred dollars or less the contract may be let without com- petitive bidding. Such contract shall be performed under the supervision of a member of the board of township trustees or the township highway superintendent. Township trustees are hereby authorized to purchase or lease such machinery and tools as may be deemed necessary for use in maintaining and repairing roads and culverts within the township. The town- ship trustees shall provide suitable places for, housing and storing machinery and tools owned by the township. They shall have the power to purchase such material and to employ such labor and teams as may be necessary for carrying into effect the provisions of this section, or they may authorize the purchase or employment of the same by one of. their number or by the township highway superintendent at a price to be fixed by the township trustees. All payments on account of machinery, tools, material, labor and teams shall be made from the township road fund as provided by law. All pur- chases of materials, machinery, and tools, shall, where the amount involved exceeds five hundred dollars, be made from the lowest responsible bidder after advertisement made in the manner hereinbefore provided. All force account work shall be done under the direction of a member of the board of township trustees or of the township highway superintendent. (106 v..594; 107 v, 98% 108 v2 Pt. I, 499.) Bonds may not be issued by township trustees for the purpose of purchasing road machinery. Opinions of Attorney General, 1919, v. II, p. 1069. Sec. 3374. [Annual report to county surveyor.] The township trustees shall make a report to the county surveyor annually on or before the fifteenth day of January on blanks furnished by said county surveyor in relation to the highways, bridges and culverts within their township, con- taining such matter in such form as may be prescribed TowNsuHip TRUSTEES 269 by the county surveyor. A copy of such report shall be entered on the records of the township trustees. (106 v. 594; 107 v. 94.) ‘Sec. 3374-1. [Removal of obstructions.] It shall be the duty of the township trustees to cause all the highways within the township, including the state, county and town- ship roads, to be kept free from obstruction by snow. The cost and expense thereof shall be paid from the road funds of the township. (107 v. 94.) In Secs. 3874-1 and 3374-2 the duties of keeping highways free from snow and cutting noxious weeds are transferred from the county high- way superintendent to the township trustees, in the belief that the smaller governmental unit is better prepared to handle these duties. Sec. 3374-2. [Cutting of brush, weeds, etc.] All brush, briers, burrs, vines, Russian or Canadian, or common thistles or other noxious weeds growing along the public highway shall be cut between the first and twentieth days of June and the first and twentieth days of August of each year, and if necessary between the first and twentieth days of September of each year. This work shall be done by the township trustees in their respective townships, or by the township highway superintendent, if one be appointed, who may employ the necessary labor to carry out the provisions of this section. All expenses incurred shall, when approved by the township trustees, be paid from the township road fund by the township treasurer upon the warrant of the town- ship clerk. (107 v. 94.) Section 71/6 G. C. (108 O. L. 232) does not repeal section 3374-2 G. C. (07 O, L. 94) by implication; and notwithstanding the enact- ment of the former section, township truste*s remain under the. duty of cutting brush, weeds, etc., along state and county highways, as well as along town:hip highways. Opinions of Attorney General, 1923, v. I, p. 795. Sec. 3375. [Dragging unimproved roads semi-annually, | The township trustees shall cause the graveled and unim- 270 TowNsuHip TRUSTEES proved public roads of the township to be dragged in the manner hereinafter provided. At the beginning of each fiscal half year the township trustees, before making any other appropriations from the road fund in the township treasury, shall appropriate and set aside out of said fund a sum sufficient to meet the expense of dragging the graveled and unimproved public roads of the township during the ensuing six months. Such sum shall not be used for any purpose other than that for which it was appropriated. (106 v. 594; 107: v. 95.) . Sec. 3376. [Dragging roads; supervision; employment of labor.] The township trustees shall from time to time designate the roads to be dragged and shall furnish suitable road drags, hones, scrapers or other tools, which shall be paid for out of the township road fund. The work of dragging the graveled and unimproved public roads of the township, or of any road district thereof, in case the trustees divide the township into road districts, shall be done under the supervision of the township trustee or trus- tees or township highway superintendent designated to have charge of the maintenance and repair of roads as provided in section 3370 of the General Code as herein amended. Such trustee or trustees or township highway superintendent shall employ the necessary labor and teams at a price to be fixed by the board of township trustees. Bills for dragging shall be paid from the dragging fund hereinbefore provided for upon the order of the township trustees. (106 v. 595; 107 v. 95; 108 v. Pt.-II, 1244.) Sec. 3377 Repealed 107 v. 142. Sec. 3378 Repealed 107 v. 142. Sec. 8379 Repealed 107 v. 142. CHAPTER VIII APPEALS IN ROAD CASES Sec. 6890. [When order to open road shall be ex- ecuted.] No order of the county commissioners for locating, establishing, altering, straightening, widening or changing the direction of a public road, shall be executed until ten days have elapsed after the county commissioners have made their final order in the matter of compensation and damages, on account of said improvement. If, at the end of ten days, any person, firm or corporation interested, shall have effected an appeal, then said order shall not be executed until the matters appealed from shall have been disposed of in the probate court. (106 vy. 583.) Sec. 6891. [Matters upon which appeal may be taken.] Any person, firm or corporation interested therein, may appeal from the final order or judgment of the county commissioners made in the proceeding and entered upon their journal de- termining either of the following matters: 1. The compensation for land appropriated. 2. The damages claimed to property affected by the im- provement. 3. The order establishing the proposed improvement. 4. The order dismissing or refusing to grant the prayer of the petition for the proposed improvement. (106 v. 583.) Sec. 6891-1. [Notice of appeal and specifications shall be in writing; appeal; bond.}] Any person, firm or cor- poration desiring to appeal to the probate court, when the improvement is located in two or more counties, may appeal to the probate court of either county in the manner herein- after provided. Any person, firm or corporation desiring to appeal from the final order or judgment of the county commissioners (271) 272 APPEALS IN RoAp CASES upon any of said questions, shall at the final hearing had before them upon such matters of compensation or dam- ages, give notice in writing of an intention to appeal, specify- ing therein the matters to be appealed from. The commis- sioners shall fix the amount of the bond to be given by the appellant, which shali be reasonable, and cause an entry thereof to be made upon their journal. The appellant within ten days thereafter shall file, with the auditor, a bond in the amount so fixed with sureties to be approved by the auditor, and such bond shall be conditioned to pay all costs made on the appeal, if the appellant fails to sustain such appeal or the same is dismissed. (106 v. 584.) Sec. 6892. [Date when notice of appeal must be given. | In case the petition for an improvement is dismissed, or the prayer thereof be not granted, then a person, firm or corporation desiring to appeal therefrom must give the notice hereinbefore provided on the date when the order is made dismissing said petition, or refusing to grant the prayer thereof, and file the bond required within the time prescribed herein. (106 v. 584.) Sec. 6893. [Appeal by minors, etc.] Minors, or other persons under disability, or their respective guardians, may appeal to the probate court as aforesaid, without giving bond for the payment of costs. The probate court shall, however, cause an entry showing such disability to be made on the journal. The estates of such persons shall be liable for all costs adjudged against them or their legal repre- sentatives. (106 v. 584.) Sec. 6894. [Commissioners shall transmit papers to court.] Within ten days after the filing of such appeal bond or the making of the entry as aforesaid, the county commissioners shall transmit to the probate court the original papers in the proceedings, and a certified transcript of the record of said commissioners of all proceedings in connec- tion therewith. Upon receipt thereof, the probate judge shall forthwith docket the cause and the appellant shall be APPEALS IN ROAD CASES 273: designated ‘as the plaintiffs, and the county commissioners. and other parties in interest shall be designated as defendants. (106 v. 584.) Sec. 6894-1. ixiearing of preliminary questions and motions.] The probate judge shall designate a day not exceeding five days thereafter for the hearing of all pre- liminary questions and motions on said appeal, and for the examination of the papers and proceedings. On the day so fixed all preliminary motions and questions arising upon the appeal shall be heard and determined, and if the probate court finds that the proceedings are irregular, or that the ap- peal is not perfected according to law, hé shall dismiss it at the cost of the appellants, and certify such dismissal with his proceedings thereon to the commissionets. The court may waive technical defects, errors or omissions in such proceed- ings. (106 v. 584.) Sec. 6894-2. [Trial by jury; drawing and listing of names; venire.] . If the probate judge finds that said appeal has been properly perfected, and that said proceedings are substantially regular, he shall fix a day, not more than twenty days thereafter, for the trial of the case by jury. He shall forthwith notify the clerk of the court of common pleas, who shall cause to be drawn from the jury box in the manner provided by law, the names of sixteen persons as jurymen. The clerk shall make a list of such names in the order in which they are drawn and certify it to the probate judge, and he shall issue a venire commanding them to ap- pear on the day, and at the hour set for trial. He shall de- liver it to the sheriff who shall serve it within five days there- after, and make return of such service before the day set for ‘trial. (106 v. 585.) Sec. 6894-3. [When cases shall be consolidated.] If more than one party appeal, the probate court shall order the cases to be consolidated, and tried together, but the rights of each person, firm or corporation, as to compensation or 274 APPEALS bes RoAp CAsEs damages shall be separately determined by the jury in its verdict. (106 y. 585.) Sec.-6894-4, [Challenge of jurors; filling of panel.] On the trial, the probate judge shall take the list of jurymen as furnished by the clerk and call each name in the order in which it appears on the list, until twelve answer, when each of them must answer as to his qualifications as a juror. Ifa juryman is challenged for cause and excused by the court, the next on the list shall be called, until the panel is full. If the panel is not filled from the jurymen whose names ap- pear on the list, the sheriff shall fill the panel from among the bystanders who have the lawful qualifications, unless for good cause shown the court order a special venire io issue. The appellants shall be considered as one party and the de- fendants as one party, and each party shall have the number of peremptory challenges allowed in civil cases in the common pleas court. (106 v. 585.) Sec. 6894-5. [Oath of jurors.] The probate court shall administer to the jurors an oath that they will faithfully, impartially and to the best of their ability, determine the particular matters appealed from, and render a true verdict according to the evidence, under the charge of the court. (106 v. 585.) Sec. 6894-6. [Right to view premises before testimony submitted.]} On motion of either party, the jury under the care of an officer of the court and with such person or persons as the court may designate to show them the prem- ises, and before any testimony shall be submitted, except the plat and a survey of the improvement and the title papers of the claimant, if produced, which the jury may take with them, shall examine the route or location of the improvement as petitioned for or as ordered, and the property of the several claimants who have appealed on account of property taken therefor, or alleged to be damaged thereby, and after making such examination, the jury shall return to the pro- bate court at the time appointed therefor. After the jury APPEALS IN ROAD CASES 275 has returned to the probate court the parties shall offer their evidence to the jury under the direction of the court upon the matters appealed from.. The rules of law and procedure governing civil cases in the common pleas court shall apply to the trial of the cause in the probate court. (106 v. 585.) Sec. 6894-7. [Verdict of jury; what it shall contain; rendition of judgment; error proceedings.] At the con- clusion of the trial, the court shall charge the jury and the jury shall find and return a verdict separately upon each claim for compensation and damages, if a final order or judgment or the county commissioners in reference to com- pensation and damages be appealed from. The jury shall also determine in their verdict whether the improvement petitioned for or granted will be conducive to the public convenience and welfare, if an order establishing the proposed improve- ment or dismissing or refusing to grant the prayer of the petition be appealed from. If a new trial shall not be granted for cause shown, the probate court shall render a judgment in favor of the appellants for the amount of the verdict, if any, returned by the jury in their favor. He shall also make a finding for or against the improvement, based on the ver- dict of the jury. In case of error proceedings to the common pleas court, a bill of exceptions shall be allowed as in cases in the common pleas court. (106 v. 586.) Sec. 6895. [Record of proceedings in probate court; taxing costs.] The probate judge shall make a record of all proceedings before him, and tax the costs in favor of the prevailing party and against the losing party. If more than one matter be appealed from, and a party prevail as to one matter and lose as to another, the court shall determine how much of the costs each party shall pay. The costs on mo- tions or continuance and the like shall. be taxed and paid as the court directs. If there are several persons upon the side taxed with costs, the court shall apportion the costs equitably among them, and in case several persons are interested on one side of the case and part of them fail; the court shall 276 . APPEALS IN ROAD CASES make such order as to costs as he shall deem just and equit- able. In cases not hereinbefore specially provided for, the court shall render such judgment in respect to costs as is equitable, and the..county commissioners shall pay any costs adjudged against them out of the county treasury. (106 v. 5&6. ) Sec. 6896. [Enforcement of judgment.] Any judgment rendered by the probate court in favor of any party in such ‘cause may be enforced by execution issued out of the probate court on its own motion or at the instance of the persons ‘entitled to said judgment or a part thereof, and the money when collected shall be paid to the persons respectively en- ‘titled thereto. (106 v. 586.) Sec. 6897. [Transcript and papers certified to county -auditor.] The probate judge shall make a record of all proceedings had in the probate court, and after the termina- ‘tion of such proceedings, or at the conclusion of error pro- ‘ceedings, if error be prosecuted, shall certify the same to the ‘county auditor, together. with all of the original papers filed with the probate court on appeal. (106 v. 586.) Sec. 6898. [When orders for payment of compensation ‘and damages shall be issued.] If it appears by the trans- -cript so transmitted to the county auditor, that the damages allowed on appeal do not in the aggregate exceed the amount assessed, approved and ordered paid to the claimants by the county commissioners, then the auditor shall forthwith make -a record of the proceedings had on appeal, together with the ‘proceedings had before such commissioners prior to the appeal, and the county auditor shall issue the necessary or- ders for the payment of compensation and damages in con- nection therewith. Such orders shall be drawn in favor of claimants for the amounts allowed them on appeal in all cases where appeal is taken to the probate court. (106 vy. 587.) Sec. 6899. [Additional compensation and damages, how «determined and paid.] If the compensation and damages ‘so assessed exceed in the aggregate the amount allowed by APPEALS IN RoAp CASES 277 the commissioners, the county auditor shall lay the papers and transcript of the proceedings before the county commis- sioners at their next meeting, Thereupon, the county com- missioners may order said improvement established, and order the additional compensation and damages allowed to be paid out of the county treasury, or they may order such additional compensation and damages to be paid ,by the petitioners, or they may order a portion of such additional compensa- tion and damages paid out cf the county treasury, and the balance thereof by the petitioners. In determining whether the damages so allowed on appeal exceed the amount of the aggregate, allowed by the commissioners, the aggregate amount of such compensation and damages allowed in the probate court on appeal in favor of the appellants, shall be added to the compensation and damages awarded to the claimants who did not appeal. (106 v. 587.) Sec. 6900. [Procedure when proceedings for appropria- tion of land abandoned.] The county commissioners may abandon the proceedings for the appropriation of lands for any such improvements as aforesaid, upon paying into the probate court the amount of the appellant’s costs and ex- penses, and attorney fees as fixed and determined by the court, and the court is hereby empowered to fix and determine the same. In case the county commissioners fail to pay the compensation and damazes awarded to appellants within thirty days after confirmation of the verdict, on motion of any party entitled to. such payment, the judge shall enter an order directing the county commissioners to make such pay- ment, or deposit the same with the court within ten days, and unless the county commissioners within the time fixed make such payment or deposit, they shall be held: thereby to have abandoned the property, rights or interests sought to be ap- propriated, and all claims under said proceedings, and the judge shall so order. He shall also enter a judgment against such commissioners and in favor of the parties entitled thereto for the amount of costs, expenses, and attorney fees, as the 278 APPEALS IN RoAD CASES court may deem just, for which execution may be issued as in other cases. In case the county commissioners abandon the improvement contemplated by the proceedings, they shall so order upon their journal; provided, however, that in case error is prosecuted to the proceedings ‘had in the probate court, the probate court shall make no order in respect to the payment or deposit of the amount allowed as compensa- tion, damages, costs or attorney fees, until such error pro- ceedings have been finally determined. (106 v. 587.) Sec. 6901. [Fees and compensation of officers.] For their services required on appeal the officers and other per- sons herein mentioned shall be entitled to the fees and com- pensation which they are entitled to by law for like services in other cases. The persons appointed by the court, if any, to show the premises to the jury, shall receive such compensa- tion as the court may direct, and the same shall be taxed with the other costs in the case. (106 v. 588.) Sec. 6902. [Procedure after judgment establishing im- provement.] If an appeal is taken from the order of the commissioners dismissing or refusing to grant the prayer of the petition, and the jury find in fayor of such improvement, the probate court shail render judgment establishing such im- provement, unless a new trial is granted by the probate court, and the said improvement shall henceforth be established unless the judgment of said court be reversed by proceed- ings in error. The commissioners shall thereupon take the necessary steps to have said improvement platted and sur- veyed, and shall proceed in the manner hereinbefore provided to have the compensation and damages, on account of said improvement determined. The commissioners shall give no- tice as hereinbefore provided of the time of hearing on the questions of compensation and damages, and all proceedings shall thereafter be had as if no appeal had been taken. (106 v. 588.) Sec. 6903. [Appeal; limitation.] An appeal may be taken from the order of the commissioners upon the questions APPEALS IN RoAp CASEs 279 of compensation and damages when said improvement is es- tablished by the verdict of the jury upon appeal. But no further appeal can be taken upon the question of whether the improvement will be conducive to the public convenience and welfare. (106 vy. 588.) Sec. 6904. [Review of judgment of probate court.] The final judgment of the probate court may he, reviewed by pro- ceedings in error as in other cases. If error is prosecuted to the judgment of the probate court, the county commission- ers may enter upon the land appropriated by first Paying into the court for the use of the appellants, the amount of the judgment in their favor with the proportion of the costs and expense of said proceedings adjudged against the county, and at the same time, the commissioners shall pay to those persons who did not appeal, the amount of compensation and damages allowed such persons; provided, however, if an appeal has been taken to the probate court involving the question of whether said improvement will promote the public convenience and welfare, such commissioners shall not enter upon said land until said proceedings are finally disposed of. (106 y. 588.) CHAPTER IX CONDEMNATION OF MATERIALS FOR ROAD BUILDING Sec. 7214. [Power to purchase materials and appropri- ate land; application to court.] The county commis- sioners or township trustees may contract for and purchase such material as is necessary for the purpose of constructing, improving, maintaining or repairing any highways, bridges or culverts within the county, and also appropriate additional land necessary for cuts and fills together with a right of way to or from the same for the removal of material. If the county commissioners or township trustees, and the owner of such material or land, cannot agree on the price therefor, the county commissioners or township trustees may apply to the probate court or common pleas court of the county in which the same is located, and on receipt of such application, the court shall proceed to assess the value of the material or right to be appropriated in the manner hereinafter provided. (106 v. 645.) 1. County commissioners may, under authority of section 7200 CC 107) Ove ak. 115) se-ptirehase machinery, tools or equipment for the purposes specified in said section, without resorting to advertising or competitive bidding. 29. No authority exists for the issuing of bonds for the purpose of purchasing machinery, tools or equipment for the purposes named in said section 7200. 3. County commissioners may, under authority of section 7214 G. C. (406 -O. L. 645), purchase materials for the purposes specified in said sections, without resorting to advertising or competitive bidding, Opinions of Attorney General, 1919, v. 1, py A10. Sec. 7215. [Notice to land owners; how served; con- tents.] Upon the filing of such application, an order (280) CONDEMNATION OF MATERIALS 281 shall be made by the.couri, directing that notice in writing be served by the county commissioners or township trustees upon the person or persons whose property is sought to be appropriated, that at a day fixed which shall not be less than ien days thereafter, appraisers will be appointed to assess the value of the same. Such notice shall contain a descrip- tion of the property or rights sought to be appropriated, state the use to which it is to be put and the time when such ap- praisers will be appointed. (106 y. 646.) Sec. 7216. [Appointment of appraisers; assessment of value and damage.] Upon the day so fixed, the court before which such application is filed, shall appoint three disinterested freeholders of the county, who, after being duly sworn to impartially assess the value of the material or right to be appropriated, snall enter upon the premises of the owner and assess the value thereof. They shall also assess the damages, if any, that will accrue to the owner by the removal of the material through his premises, and within ten days after their appointment, they shall return their award te the court. (106 y. 646.) Sec. 7217. [Copies of award to commissioners and Owners; summoning jury.]| The court upon the return of the award shall forthwith furnish the county commis- sioners with a copy thereof, and also furnish a copy to each owner of the material or right which it is sought to appro- priate. Thereupon, if either party within three days after such copy is furnished requests, the court shall cause a jury tc be summoned in the manner provided in the statutes relat- ing to appeals in road cases. If neither party requests the court to summon a jury, the court shall forthwith render judgment for the amount of compensation and damages awarded by the appraisers aforesaid, and order that upon payment of such sum and costs, to be taxed by the court, the county commissioners or township trustees may enter upon such lands and remove such material and enter into pos- 282 CoNDEMNATION OF MATERIALS - session of such rights or easements as may have been appro- priated. (106 v. 646.) Sec. 7218. [Bond when jury trial requested.] In case an owner of land or material sought to be appropriated, re- quests a jury trial, the court shall fix the amount of bond which shall be given by the party making such request, and such bond shall be conditioned that the party requesting such jury trial shall pay all costs and expenses of said trial in case he fails to recover more at the hands of the jury upon such trial than the amount fixed by the appraisers heretofore pro- vided for. (106 v. 646.) Sec. 7219. [Date and conduct of trial.j In all cases where a jury trial is requested the court shall forthwith after the drawing of such jury, fix a date for such trial, which shall not be more than twenty days thereafter, and such trial shall be conducted in all respects as is provided in appeals in road cases, and in all matters not covered by the practice re- lating thereto the ordinary rules governing similar matters shall apply. (106 v. 646.) , : ‘™ 4 ay a Se ed DOE ae EO Gg MON Dg ee Pee. A ae oar ee Ts ee Se CHAPTER X CONVICT LABOR ON ROADS Sec. 2228. [Employment of convicts.] The board of managers of the Ohio penitentiary, the board of managers of the Ohio State reformatory, or other authority, shall make no contract by which the labor or time of a prisoner in the penitentiary or reformatory, or the product or profit of his work, shall be let, farmed out, given or sold to any person, firm, association or corporation, Convicts in such institu- tion may’work for, and the products of their labor may be disposed of, to the state or a political division thereof, or for or to a public institution owned or managed and under the control of the state or a political division thereof, for the purposes and according to the provisions of this chapter. (98 v. 177 § 1.) Sec. 2229. [Convicts shall be employed.] The board of managers of the penitentiary and the board of managers of the reformatory, so far as practicable, shall cause all prisoners serving sentences in such institutions, physically capable, to be employed at hard labor for not to exceed nine hours of each _day other than Sundays and public holidays. (98 v, 177 § 2.) Sec. 2230. [Nature of work by convicts.] Such labor . shall be for the purpose of the manufacture and production of supplies for such institutions, the state or political divi- sions thereof; for a’ public institution owned, managed and controlled by the state or a political division thereof; for _ the preparation and manufacture of building material for the construction or repair of a state institution, or in the work of such construction or repair; for the purpose of in- dustrial training and instruction, or partly for one and partly for the other of such purposes; in the manufacture (283) 284 Convict LABor ON RoaDs and production of crushed stone, brick, tile, and culvert pipe, suitable for draining wagon roads of the state, or in the preparation of road building and ballasting material. (98 v. 177 § 2.) Sec. 2231. [Disposition of products.] Such tile, brick and culvert pipe and road building material and such products of convict or prison labor as are used in the construction or repair of the public roads shall be furnished the political divisions of this state at cost. The convicts from the peni- tentiary shall not be intermingled with the convicts from the reformatory in the performance of such labor. (98 v. 177 $22) Sec. 2232. [Township trustees and county commis- sioners may call for supplies.]| The trustees of a town- ship or the board of commissioners of a county may make application to the board of managers of the penitentiary or to the board of managers of the reformatory for supplies manufactured under the provisions of this chapter or for road building material, machinery, tools or other appliances so manufactured, needed or required by them for the public institutions under their charge or for the construction, im-~- provement or repairing of public roads in their respective townships or counties. They shall obligate themselves to use such road materials according to the rules and regula- tions approved by the state highway commissioner, (98 Vv. 178 § 3.) Sec. 2233. [Managers may lease or purchase beds of limestone.] The board of managers of the penitentiary or the board of managers of the reformatory, may lease or purchase beds of limestone, or other suitable road build- ing material, after they are approved by the state highway commissioner as being suitable for the construction of roads. No contract for the purchase or leasing thereof shall be made until it is approved by the governor and the state high- way commissioner. (98 v. 178 Say) Convicr LaBor on Roaps 285 Sec. 2234. [Managers may lease plant for manufac- turing.]| Such boards may lease and operate plants for the manufacture of brick or road building material or sup- plies, needed for the construction and maintenance of public roads, which shall be furnished at cost to a township or county proportionately as demanded. No contract for the lease of such plant as provided shall be operative until ap- proved by the governor and the state highway commissioner, (98 v. 178 § 4.) Sec. 2235. [Prison labor only to be used.] Such beds of limestone or other suitable road building material or plants for the manufacture of ‘road building material, supplies or machinery, as herein provided, shall be operated by prison or convict labor, and the products thereof shall not be dis- posed of except to a township or county in this state for the construction, repair or maintenance of public roads outside of the limits of incorporated cities or villages. No contract shall be made under the provisions of this chapter unless the money to pay for it has been lawfully appropriated. (98 v. 178 § 4.) Sec. 2235-1. §2. [Erect buildings and equip stone quarry and crushing plant.]_ That the board of managers of the Ohio penitentiary shall erect upon the said land described in this act, such building or buildings as are necessary for the operation of a stone crushing plant and quarry, and_ shall equip the said building or buildings for the purpose of man- ufacturing and the production of crushed stone and in the preparation of road building and ballasting materials to be sold by the board of managers of the Ohio penitentiary in the open market, and may also conduct the business of quarry- ing and selling dimension and other stone. (102 v. 106.) Sec. 2235-2. §4. [Detail prisoners upon requisition of board. Guards; transportation of same.] The warden of the Ohio penitentiary shall, upon the requisition of the board of managers, detail the prisoners needed in the erec- tion, equipment and maintenance of said building or build- 286 Convict LABor on Roaps ings, and shall also detail to the board of managers the prison- ers needed to properly operate said stone crushing plant and quarry; but the warden shall furnish the guards and shall have control of the discipline of the prisoners and shali be responsible for their safe keeping and shall maintain and safely transport any prisoners detailed for work at the said stone crushing plant. (102 v. 106.) Sec. 2235-3. §3. [Employment of architect, engineer, superintendent, etc.] That said board of managers is authorized and directed to employ a competent architect or architects, engineer or engineers, superintendent of superin- tendents, and supervisors of labor in the erection, equipping and maintaining said stone crushing plant and quarry specified in section 2, [G. C. § 2235-1], of this act; and before erecting the said building or buildings and equipping the same as provided herein, plans and specifications therefor shall be made by a competent architect or architects and submitted to the governor and shall be approved by him, [Labor to be performed by prisoners.] All labor neces- sary for the erection, equipping and maintaining of the said stone crushing plant and quarry, as far as possible shall be performed by the prisoners of the Ohio penitentiary; and all materials as far as practicable, shall be obtained from the lands belonging to the state. [Tools, machinery and equipment.] The board of man- agers is authorized and directed to furnish all the proper tools, machinery and equipment necessary to carry out the provisions of this act when the same is completed and ready for operation. The board of managers shall comply with the general pro- visions of the statutes of Ohio in regard to advertising and receiving bids for material and labor for the erection of public buildings. (102 v. 106.) Sec. 2236. [County commissioners may lease or pur- chase beds of limestone.] The board of commissioners of a county may purchase or lease beds of limestone, or Convict Lasor oN Roaps 287 other suitable road building material, after they are approved by the state highway commissioner as suitable for the con- struction of roads, or such board may lease and operate a plant for the manufacture of brick or other road building materials or supplies needed for the construction or main- tenance of public roads in such county and employ a super- intendent to oversee and supervise the work. When such property is so purchased or leased, the board shall make the arrangements necessary to work the convicts of the county thereat. (98 v. 179 § 5.) Sec. 2237. [When court may sentence prisoners to hard labor in county.] When a county, by action of its board of commissioners has secured property and completed ar- rangements for the working of its convicts as herein pro- vided, it shall be lawful for a court or magistrate to sen- tence persons convicted of offenses, the punishment of which is, in whole or in part, imprisonment in the county jail or workhouse, to be imprisoned at hard labor within such county for the same terms or periods as may be prescribed by law for their confinement in such jail or workhouse. (98 v. 179 § 6.) Sec. 2238. [Duty of county commissioners.] In such counties, the board of commissioners, whenever practicable, shall cause to be worked as provided in this chapter all con- victs so sentenced to imprisonment at hard labor, and also all male convicts, physically capable of performing hard labor, confined in the county jail or workhouse for failure to pay a fine or costs in criminal prosecution, or who plead in- solvency or inability to pay such fine or costs. A person so confined for failure to pay a fine or costs shall be released when the fine or costs have been discharged by their labor at the rates to be fixed by such board, regard being had to the amount of such labor such person may perform. (98 v.. 179 § 6.) Sec. 2239. [Control of prisoners at labor.] | The prison- ers sentenced to hard labor under the provisions of the pre- 288 Convicr LABor oN Roaps ceding section shall be under the control of such board, who may enact all needful ruies and regulations for the successful working of such prisoners according to the provisions of this chapter. This chapter shall not take a prisoner convicted in a city from the control of the proper officer thereof and give him into the control of the board of county commis- sioners. (98 v. 179 § 6.) Sec. 2240. [Resentence of prisoner sick or incapacitated for work.] When a prisoner sentenced to imprisonment at hard labor under the provisions of section twenty-two hundred and thirty-seven, becomes sick or incapacitated for work, or the board of county commissioners find it imprac- ticable to employ him, he shall be taken forthwith before the court or magistrate imposing sentence and resentenced to confinement in the jail or workhouse for the unexpired portion of his sentence. If he becomes able to labor before completing his sentence, or the board finds it practicable to employ him, he shall be liable to work, as herein provided in the case of convicts imprisoned for failure to pay fine and costs, until sentence is completed. (98 v. 179 § 6.) Sec. 2241. [County commissioners may employ super- intendents, etc.] The board of county commissioners may employ a superintendent and such guards and attendants as are necessary for the safe keeping, proper working and welfare of the convicts, and, in all other respects, shall make efficient the service contemplated in this chapter. (98 v. 179 § 6.) Sec. 2242 [Tax levy.] The board of county commis- sioners of a county taking advantage of this chapter may levy a tax annually as other taxes are levied, for paying the expenses of such convicts and for carrying out the pur- poses of this chapter. (98 v. 181 § 8.) Sec. 2243. [Purchase of supplies for the state or its in- stitutions.] No articles or supplies manufactured under the provisions of this chapter by the labor of convicts of the penitentiary or reformatory shall be purchased from Convicr Lapor on Roaps 289 any other source for the state or its institutions unless the board of managers of the penitentiary and the board of managers of the reformatory shall first certify, on requisition made to them, that such articles can not be furnished. Such requisitions shall be honored as far as possible. (98 v. 181 § 9.) | Sec. 7496. [Use of prison labor upon state roads.] Whenever the state highway commissioner desires to use any number of prisoners, confined in the state penitentiary or reformatory, to work upon the state highways, known as the inter-county or main market roads, or to employ the prisoners in such institutions in the preparation of road building materials of any kind for use upon any of the said state highways, such commissioner shall make a requisi- tion upon the warden or superintendent of such institution where such prisoners are confined, stating the number of prisoners which it is desired to use in said work, and the place where they are to be employed. Said requisition shall be made through the officials having general charge of said institution, and such officials and said highway commissioner shall by agreement provide for the cost of transportation and maintenance of said prisoners, and the discipline and government thereof. The discipline of such prisoners shall be under the control of guards furnished by the prison authorities. The rules and regulations under which such prisoners shall work shall be prescribed by the prison author- ities, but the work to be done and the manner of doing such work shall be under the control of the state highway com- missioner or those acting under his authority in charge of such work. (106 v 655.) Sec. 7497. [Cost of transportation, maintenance and discipline, how paid; agreement with prison official.] The state highway commissioner may lawfully expend any - moneys available for the construction, repair and mainte- nance of roads to meet the cost of transportation, mainte- 290 Convict LABOR oN ROADS nance and discipline of such prisoners while at work, and for the purchase of tools, machinery, supplies and road build- ing materials needed in connection with the use of such prisoners upon. said state highways, or in the manufacture of such road building materials. The amount to be paid to said prison authorities, if anything, for the use of said prisoners, in addition to the entire cost of transportation, maintenance and discipline of said prisoners, shall be agreed tipon between the officials having charge of said institutions and the said highway commissioner, but. the amount so paid shall not exceed the cost of such transportation, maintenance and discipline of said prisoners plus the amount to be credited to such prisoner on account of his labor upon such highways. In the cost of such discipline, however, may be included an equitable portion of the overhead charges of the institution in which such prisoners are confined. (106 v. 655.) Sec. 7498. [Use of prison labor upon county roads; cost.] The county commissioners may make requisition in like manner as the state highway commissioner for the number of prisoners desired. for use upon the county high- ways within said county, or in the manufacture and prepara- tion of road building material of any kind. The county com- missioners shall have full power and authority to enter into an agreement with the authorities controlling such prison, and all the provisions of law relating to the transportation, maintenance and discipline of prisoners when working upon the state highways, under requisition of the highway com- missioner, shall apply to prisoners working upon county high- ways, and the same testrictions as to the amount to be paid said prison authorities for the use of such prisoners, shall be applicable to agreements entered into between such county commissioners and such prison authorities relating to the use © of said prisoners. (106 v. 655.) Sec. 7499. [How requisitions for prison labor shall be filled.] All requisitions for prisoners from the various counties of the state shall be filled in the order in which el eae a Convict LABor oN Roaps. 291 they are received, provided, however, that the requisitions of the state highway commissioner for the use of such prisoners shall at all times be given preference by the prison authorities. (106 v. 656.) Sec. 7500. [Use of jail and workhouse prisoners upon county roads; agreement with prison official.] The county commissioners may make requisitions upon the author- ities in charge of any workhouse located within such county for any number of prisoners confined therein, or upon any jailer for any number of prisoners sentenced thereto, desired for use upon the highways of said county, or in the manu- facture of road materials, and the authorities in charge of said workhouse, and the jailer in charge of said jail, may furnish such prisoners, if available, out of the number in their charge. An agreement shall first be entered into be- tween the county commissioners, and the authorities in charge of said workhouse or jail, prescribing the amount which shall be paid for the labor of such prisoners in addition to the cost of transportation, maintenance and discipline of said prisoners. The restrictions hereinbefore provided for de- termining the amount to be paid for the labor of such prisoners when the same are procured from the state penal institutions, shall apply to all contracts for the use of prison- ers of any workhouse or jail. Persons sentenced to imprison- ment for non-payment of fines shall be liable to work upon the roads as other prisoners. (106 v. 656.) Sec. 7501. [When prisoners shall not be used on high- ways.] No state penal institutions or workhouse shall be required to furnish such prisoners to be employed on the highways or in the manufacture and preparation of road building materials, if the labor of such prisoners is required in the regularly maintained operations of such institution or workhouse. (106 v. 656.) Sec. 7502. [What prisoners subject to labor on high- ways.] All persons convicted of crime and sentenced to be confined in the state reformatory, penitentiary, jail, work- 292 Convict LABor on Roaps house or other penal institutions, shall be subject to labor upon the highways and streets. as hereinbefore provided. (106 v. 656.) Sec, 7503. [Prisoners unable to give bond may work on roads or streets.] Prisoners confined in said institutions or_either of them, and unable to furnish bond after the same has been fixed by the court or examining magistrate, may, at their request, be permitted to work upon the roads, streets, or in the manufacture of road building materials under the same conditions as persons convicted for offenses. (106 v. 657.) -Sec. 7504. [Workhouse prisoners may be used upon streets.] Any city, having a workhouse located therein, shall have full power and authority to use the prisoners con- fined in said workhouse upon the streets of said city, or in the manufacture of any material required in the repair of said streets. (106 v. 657.) Sec. 7505. [Magistrate may sentence prisoners to work on streets.] Any magistrate of a city or village not hav- ing a workhouse located therein, shall have full power and authority to sentence prisoners convicted therein to work upon the streets of said city or village, or in the manufacture of any material required in the repair of said streets. (106 v. 657.) Sec. 7506. [Cost of transporting, maintaining, etc., prisoners; how paid.] The county, city and village au- thorities having charge of such roads and streets may law- fully expend any moneys available .for the repair and main- tenance of such roads or streets to meet the cost of trans- porting, maintaining and disciplining such prisoners while so employed upon such roads or streets. (106 y. 657.) Sec. 7507. [Provision for use of prison labor on con- tracts of private individuals.]| The state highway com- missioner, the county commissioners, or the authorities havitig¢ charge of the streets of any city or village may provide fox” the use of prison labor in connection with contracts let to’ <= « $0) Convicr LABor oN ROADS 293 private individuals for the construction, maintenance and repair of such roads and streets, in which case the specifica- tions for such improvement shall clearly set forth the amount of money to be deducted from the price paid for such improvement in lieu of the designated amount of prison labor employed on such improvement by the state, county or mu- nicipality. The discipline and legal custody of such prisoners shall, at all times during such work, remain under the con- trol of the respective institutions furnishing such prisoners. If any prisoner does not perform his work to the satisfaction of the authorities employing such labor, such prisoner shall be taken from the road force at the request of the proper authorities and another substituted. (106 v. 657.) Sec. 7508. [Reports of prison authorities of. estimate of road materials required.] The state highway com- missioner and county commissioners shall, on or before Sep- tember first of each year report to the prison authorities an estimate of the amount and kind of material and supplies that can be used in connection with the construction and repair of the state and county highways during the coming year. This information shall be furnished to enable the authorities in charge of said prisoners to make arrangements, where practicable, for the manufacture and preparation of such materials within such prison or at such other places through- out the state as the prison authorities shall decide. (106 v. 657.) Sec. 7509. [Annual report by state highway commis- sioner of work done by prison labor.] The state high- way commissioner shall include in his annual report a state- ment showing the amount and kind of work done upon the roads of the state by the use of prisoners from the various penal institutions and such statements shall show the total cost and expenses of such labor reduced to per diem basis, and the state highway commissioner shall require such reports from the county commissioners or other officials using such prison labor as he may deem necessary. (106 y. 658.) 294 Convict Lasor on Roaps Sec. 7510. [Prisoner attempting to escape shall lose credits.] Any prisoner, attempting to escape while en- gaged in work on any of the roads or streets of this state or in the manufacture of any of the materials for use on said roads or streets, under the provisions of this act, shall lose any credits which may have accrued to him on his prison term for good behavior, and the authorities, having charge of the prison from which said prisoners are detailed may, by special regulation, allow additional credit on the terms of such prisoners for good conduct while engaged in work un- der the provisions of this act. (106 v. 658.) Sec. 7511. [Annual report of prisoners available for work.] The prison authorities shall, before January first of each year, advise the state highway commissioner and county commissioners of the probable number of prisoners that will be available for work upon the roads of the state during the coming year. (106 vy. 658.) Sec. 7512. [Selection of guards.] The guards, if any, in charge of said prisoners shall, so far as possible, be selected from men who are competent to supervise the work under construction and, so far as practicable, said guards shall supervise such work under the directions of persons having the supervision of the construction or repair of said roads or streets, in addition to their duties as guards. (106 v. 658.) . Sec. 7513. [Power to contract with prison authorities.] The county commissioners shall have power to make con- tracts with the authorities in charge of any workhouse or penal institution under the control of any other county, or city in this state, for the use of the prisoners in such institu- tions on the roads, or in the manufacture of road building materials. (106 v. 658.) Sec. 7514. [Power of state, county and city authorities to make provisions effective.] The authorities of the various institutions having custody and control of prisoners as hereinbefore referred to, and the various authorities ogg Convicr LABor on Roaps 295 of the state, counties, cities and villages having charge of the roads and streets of the same shall have full power and authority to do all things necessary to make the provisions of this act -effective, for the use of prison labor upon the highways and streets of this state, and the authorities having charge of such roads and streets shall have power to expend any of the moneys provided therefor in any way necessary to make this act effective. Nothing herein shall be held to repeal or modify any other provisions of law applying to prisoners, and prison labor, unless such provisions shall be entirely in- consistent herewith. (106 v. 658.) Suan CHAPTER XI USE OF ROADS BY MOTOR TRUCKS, TRACTORS AND OTHER HEAVY VEHICLES Sec. 7246. [Maximum load on road or street.] No trac- tion engine or-steam roller weighing it excess of twelve_tons, or no trailer, wagon, truck, automobile truck or other power vehicle, whether propelled by ‘muscular or motor power, weigh=— ing in excess of ten tons, including weight of. vehicle, object or abt. od contrivance and load, shall be operated over and upon theim— proved public frie eee re or culverts within~the state, exceptas hereinafter provided. This provision shall not apply to vehicles run upon rails or tracks or to fire engines, fire trucks, or other vehicles or apparatus belonging to any mu- nicipal or volunteer fire department or used by such depart- ment in the discharge of its furetions.| No object/shall be moved over or upon such streets, highways, bridges or cul- . ™~ . verts upon wheels, rollers or otherwise, except as herein- after provided, in excess of a total wei f twelve tons in- cluding weight of jie, insect and load with not more than thirty-five per cent of the weight of the load concentrated on any one wheel. If in the judgment of the deputy highway commissioner or county surveyor of any county in the state a main market or inter-county highway, or section thereof, would be damaged or destroyed by heavy traffic during the period when mois- ture is under, in or upon said main market or inter-county highway, such limitation of weight of vehicle and load as above provided may, with the consent of the state highway commissioner, be reduced by said deputy highway commis- sioner or county surveyor during such period of moisture to such weight as may in the judgment of the said deputy high- (296) ean , i Oe ee Oe, eae re ye ee ee ee ee ioe a ND a a” ty Use or Roaps py Motor Trucks, Tractors, Erc. 297 way commissioner or county surveyor be carried over such road without undue damage thereto, and the said deputy high- way tommissioner or county surveyor shall cause to be placed and retained on said highway or section thereof, during the period of such reduced limitation, two or more signs of sub- stantial construction which will conspicuously indicate the limitation of weight of vehicle and load which will be al- lowed on such highway or section thereof. The expense of the purchase and erection of signs provided for in this sec- tion shall be paid from funds for the maintenance and repair of the state highway department. The deputy highway commissioner or county surveyor may in like manner, during the same period reduce the maximum weight which shall be allowed vehicles with loads using im- proved highways, or sections thereof, within the county, other than main market and inter-county highways and high- ways or streets located within any municipal corporation or corporations. (106 v. 650; 107 v. 139; 109 v. 546.) When a city has adopted a charter under which it is authorized to exercise “‘all powers of local self-government’’ pursuant to the pro- visions of sections 3 and 7 of Article 18 of the constitution, the authority to locate, establish and protect the streets within its limits resides in the municipality, and it may adopt and enforce such reasonable regula- tions for their proper and economic use as it deems tobe proper. It may regulate the weight of loads and the width of tires of vehicles passing over the streets. It derives this authority not by grant from the legislature but under express authority from the people of the state given in the constitution. Froelich v. City of Cleveland, 99 O. S. 376. Sec. 7247. [Permission for excess weight.] The county surveyor of any county, upon application in writing by the owner or person having charge thereof, may grant permis- sion for the moving of vehicles, objects or structures in excess of a total weight of twelve tons, including weight of vehicle, object or contrivance, structure and load, over the improved public highways, bridges or culverts within such county and located outside of any municipal corporation or corporations therein situated. Such permission shall be in 298 User or RoAps sy Moror Trucks, Tracrors, Etc. writing and the county surveyor may grant the same sub- ject to such conditions and restrictions as in his judgment are necessary for the preservation and protection of such high- ways, bridges and culverts... The director of public service of a city or mayor of a village may in like manner grant such permission as to the improved public highways, streets, bridges or culverts within such city or village. (107 v. 140.) Sec. 7248. [Weight of load on highways and bridges and width of tires prescribed.] No person, firm or cor- poration shall transport over the improved public streets, alleys, highways, bridges or culverts within this state, in any vehicle propelled by either muscular, motor or other power, -any burden, including weight of vehicle and load, greater than the following: In vehicles having metal tires three inches (3”) or less in width a load of five hundred (500) pounds for each inch of the total width of tire on all wheels. When the tires on such vehicles exceed three inches in width an additional load of eight hundred (800) pounds shall be permitted for each inch by which the total width of the tires on all wheels exceeds twelve inches (12”). In vehicles having tires of rubber or other similar sub- stance, a load of six hundred and fifty (650) pounds for each inch of the total width of tires on all wheels. The total width of a tire on a wheel shall be, in case of solid tires or rubber or other similar substance, the actual width in inches of all such tires between the flanges at the base of the tires, but in no event shall that portion of the tire coming in contact with the road surface be less than two-thirds the width so measured between the flanges. And in the case of pneumatic tires of rubber or other similar substance, the total width of all tires on all wheels shall be the actual average diameter of all such tires measured when inflated. In no event shall the load, including the proportionate weight of vehicle that can be concentrated on any wheel ex- ceed six hundred and fifty (650) pounds to each inch in width : : . i | Use or Roars py Motor Trucks, Tracrors, Erc. 299 of the tread as defined above for solid tires; or each inch in the average diameter of pneumatic tires measured when in- flated. The provisions of this section shall not apply to metal tire horse drawn vehicles when in use upon the streets or thor- oughfares of cities and villages except such streets and thor- oughfares therein as have been or may hereafter be improved by the state or county. (107 v. 140; 108 v. Pt. II, 1241; 109 v. 547.) ‘ Sec. 7248-1. [Limitations of load on one axle.] No vehicle having more than seventy per cent of the gross weight of vehicle and load on any one axle, no vehicle having a gross weight, including load, greater than fourteen thousand pounds on both wheels of one axle, and no vehicle equipped with solid rubber tires averaging less than seven-eighths of an inch in thickness for tires of five inches and less in width, nor less than one inch in thickness for tires of more than five inches, but not exceeding eight inches in width, nor less than one and one-eighth inches in thickness on tires of more than eight inches in width, shall be operated upon the improved highways, streets, bridges or culverts within this state. Thick- ness of solid rubber tires as used herein shall be the average thickness of rubber measured from the top of the flanges of the tire channel. (109 v. 548.) Sec. 7248-2. [Width, height and length of vehicles on highways prescribed.] No vehicle shall be operated upon the highways of this state whose width shall not exceed one hundred and thirty-two inches, and no vehicle shall be oper- ated on the highways of a greater height than twelve feet six inches, or of a greater length than thirty feet, and no combination of vehicles coupled together shall be so operated whose total length, including load, shall be greater than eighty-five feet, provided that in special cases vehicles whose dimensions exceed the foregoing may operate under a written permit granted as provided in this chapter. Provided that this section shall not apply to fire engines, fire trucks, or other 300 Usr or RoAps py Moror Trucks, Tractors, Etc. vehicles or apparatus belonging to any municipal volunteer fire department or salvage company organized under the laws of Ohio or used by such department or company in the dis- charge of its functions. (109 v. 548.) Sec. 7249. [Maximum load and speed of vehicles on roads and streets.] No commercial cars of the kinds and weights enumerated in this section shall be operated in the business and closely built up portions of a municipality or in any other portions thereof, or outside of municipalities at a greater rate of speed than herein described: 1. No vehicle, equipped with iron or steel tires, of three inches or less in width having a load of over five hundred pounds for each inch of total width of the tires on all wheels concentrated upon the surface of the road, shall be operated upon the highways of this state. When the tires on such vehicles exceed three inches in width an additional load of eight hundred pounds shall be permitted for each inch by which the total width of the tires on all wheels exceeds twelve inches. No vehicle equipped with iron or steel tires carrying a gross weight of vehicle and load in excess of twelve thousand pounds shall be operated upon any street, highway, bridge or culvert at a speed greater than ten miles an hour. . 2. No vehicle equipped with solid rubber tires shall be operated upon the public streets and highways at a greater rate of speed than the following: When the combined weight of vehicle and load is less than five tons, twenty miles per hour; when the combined weight of vehicle and load is not less than five tons or more than eight tons, fifteen miles per hour; when the combined weight of vehicle and load is more than eight tons and not more than ten tons, twelve miles per hour. 3. No motor truck equipped with pneumatic rubber tires shall be operated upon the public streets and highways at a greater rate of speed than the following: Use or RoAps sy Motor Trucks, Tractors, Erc. 301 When the combined weight of vehicle and load is less than five tons, twenty-five miles per hour; when the combined weight of vehicle and load is not less than five tons or more than eight tons, twenty miles per hour; when the combined weight of vehicle and load is more than eight tons and not more than ten tons, fifteen miles per hour. (107 v. 140; 109 vy. 548.) Sec. 7250. [Weight and speed of vehicles; local ordi- nances.]| The weights of loads prescribed and the rates of speed mentioned in sections 7246 to 7249 inclusive of the General Code shall not be decreased or prohibited by any ordinance, resolution, rule or regulation of a municipal cor- poration, board of county commissioners, board of township trustees or other public authority. (107 v. 140.) Sec. 7251. [Liability for damage; prosecution for viola- tions.]_ Any person violating any provision of law relat- ing to or regulating the use of the public highways shall be liable for all damages resulting to any street, highway, bridge or culvert by reason of such violation. In case of any injury to a street, highway, bridge or culvert such damages shall be collected by civil action brought in the name of the state on the relation of the state highway commissioner and it shall be the duty of the attorney general or prosecuting attorney of any county to institute such action when so requested by the ‘state highway commissioner and to prosecute the same to final judgment. In case of any injury to an improved public road, bridge or culvert of a county such damages shall be recovered by a civil action prosecuted by the county commissioners, and in the case of an injury to an improved public street, high- way, bridge or culvert of a municipal corporation, it shall be the duty of the proper authorities of such municipal, corpora- tion to institute an action for the recovery of such damages. All damages collected under the provisions of this section shall be paid into the treasury of the state or proper political sub-division thereof, and credited to any fund for the repair of streets, highways, bridges. or culverts. 302. User or RoAps sy Moror Trucks, Tractors, Erc. Any violation of the provisions of this act shall be deemed a misdemeanor and on conviction thereof before any court in the state of Ohio authorized to prosecute for misdemean- ors, the party or parties so convicted shall be fined not more than one hundred dollars nor less than twenty-five dollars for the first offense, and not more than one thousand dollars nor less than one hundred dollars for a second or subsequent of- fense. And either the owner or the operator of any vehicle or vehicles enumerated in this act shall be deemed to be the offender and may be prosecuted for any such violation at the discretion of the proper authorities having jurisdiction in the premises. The sheriff of any county is hereby authorized to detail one or more deputies for the special work of enforcing the pro- visions of this act for such periods of time and in such man- ner as he shall deem necessary; and the county commission- ers of any county are hereby authorized to appropriate such amount of money, annually, from the ROAD FUND of such county as shall be deemed necessary to compensate such deputy or deputies for services rendered hereunder. (107 v. 141; 109 v. 549.) CHAPTER XII GENERAL PROVISIONS Sec. 7464. [Classes of highways.] The public high- ways of the state shall be divided into three classes, namely: State roads, county roads and township* roads. (a) State roads shall include such part or parts of the inter-county highways and main market roads as have been or may hereafter be constructed by the state, or which-have been or may hereafter be taken over by the state as provided in this act, and such roads shall be maintained by the state highway department. (b) County roads shall include all roads which have been or may be improved by the county by placing brick, stone, gravel ‘or other road building material thereon, or heretofere built by the state and not a part of the inter-county or main market system of roads, together with such roads as have been or may be constructed by the township trustees to con- form to the standards for county roads as fixed by the county commissioners, and all such roads shall be maintained by the county commissioners. (c), Township roads shall include all public highways of the state other than state or county roads as hereinbefore defined, and the trustees of each township shall maintain all such roads within their respective townships; and provided further, that the county commissioners shall have full power and authority to assist the township trustees in maintaining all such roads, but nothing herein shall prevent the township trus- tees from improving any road within their respective town- ships, except as otherwise provided in this act. (106 v. 648.) 1. Counties are authorized to co-operate with the state in mainte- nance and repair work, under the supervision of the state highway commissioner, upon ‘‘state roads’? as defined in sections 1224 and 7464 (303) 304 GENERAL PROVISIONS G. C., namely, those sections of inter-county highways or main market roads which were originally constructed by the state or taken over by the state for maintenance. (Certain language in Opinion No, 1480, Opinions Attorney General, 1918, vol. II, p. 1283, disapproved.) 2, Counties are not authorized, when so co-operating, to use funds arising from levy under section 6956-1 G. C., as appearing 106 O. L. 647, or as amended and supplemented by section 6956-la in 108 O. L., part I, p. 503. ; Opinions of Attorney General, 1920, v. I, p.\ 598. Sec. 7465. [How main market and inter-county roads constructed, that same may become state roads.] In all cases where a county or township has constructed or im- proved any main market or inter-county road, the state high- way commissioner, upon request, shall, within sixty days in- dicate what changes, or improvements, will be required in said road in order to bring the same up to the approved standard of construction of such roads, or in any case where such road is About to be constructed, reconstructed, or improved, the state highway commissioner shall, upon application, indicate within sixty days what changes will be required in the plans and specifications therefor, to bring said road up to the standard required by the state for the construction of inter- county highways and main market roads. Whenever the changes so specified by the state highway commissioner have been made, or when such roads have been constructed ac- cording to the plans and specifications so approved by the state highway commissioner, such roads shall at once become state roads. (106 v. 649.) Sec. 7466. [Commissioners shall specify changes to standardize township roads.] The county commissioners upon application by the township trustees, shall specify in like manner what changes are required in any township road in order to bring the same up to the standard of construc- tion of any new improvement, the county commissioners shall indicate what changes in the plans and specifications will be required in order to bring said road up to the standard of construction required for county highways, and when a town- GENERAL PROVISIONS 305 ship highway is so improved, or constructed, in accordance with the standard so fixed by the county commissioners, such road shall be a county road. (106 v. 649.) Sec. 7467. [Maintenance of all roads.] The state, county and township shall each maintain their respective roads as designated in the classification hereinabove set forth; - provided, however, that either the county or township may, by agreement between the county commissioners and town- ship trustees, contribute to the repair and maintenance of the roads under the control of the other. The state, county or township or any two or more of them may by agreement ex- pend any funds available for road construction, improvement or repair upon roads inside of a village or a village may ex- pend any funds available for street improvement upon roads outside of the village and leading thereto. (106 v. 649.) Sec. 7468. [Provision for planting of trees.] The state highway commissioner, county commissioners or township trustees or other proper officials, may, as a part of the plans or specifications for a proposed improvement, provide for the planting. of trees or shrubbery along or upon the public highway embraced within the proposed improvement. The state highway commissioner, county commissioners or town- ship trustees or other proper officials may provide for the planting of trees or shrubbery along any public highway. (106 v. 649.) Sec. 7469. [Attaching guide posts or signs to telephone and telegraph poles.]| Telegraph and telephone poles along the public highway may be used for the purpose of attaching thereto, or placing thereon sign posts, guide posts, warning signs or other signs, when prescribed by the chief highway engineer or county highway superintendent. (106 v. 650.) Sec. 7470, [Appropriation of drainage rights or ease- ments.]_ The state highway commissioner, county com- missioners or township trustees, may, in connection with any 306 GENERAL PROVISIONS improvement, appropriate any drainage rights outside of the line of said highway or any easement, right or interest what- ever in any property desired for any proposed improvement, and in case such official or either of them desire to appro- priate such drainage right, easement, right or interest in any property in connection with any existing highway, the same may be done in the manner hereinbefore specified for the condemnation of road materials. Any land or property rights required for the construction of a new bridge or for any addi- tions to, or repairs to any existing bridge, may be acquired in like manner. (106 v. 650.) Sec. 7471. [Procedure to remove buildings or other obstructions near railroad crossings.] If the state high- way commissioner or county commissioners deem it necessary at or near railroad crossings to remove buildings, or other obstructions near such railroad crossing, they shall pass a resolution declaring it necessary to appropriate said building or other obstructions and the ground upon which they are located, if they deem it advisable, and shall cause a notice of the passage of such resolution, to be served upon the owner or owners of the property sought to be appropriated, or if such owner or owners of the property sought to be appro- priated are non-residents, they shall cause notice of the pas- sage of such resolution to be given by one publication in some newspaper of general circulation in the county, in which the property sought to be appropriated is located, and if the address of such owner or owners is known to the county auditor, he shall cause.a copy of such notice to be mailed to such owner or owners. Within ten days after the service of such resolution or publication of the notice, such owner or owners shall file with the state highway commissioner or county commissioners, their claims for compensation and dam- ages. The state highway commissioner or county commis- sioners shall thereupon make allowances of compensation and damages, if any, to such owner or owners who have filed claims therefor, and, without the filing of such claims, shall | eA) ee _. . - ees ey GENERAL PROVISIONS 307 make allowances of compensation and damages to such owner or owners as are under disability. If such owner or owners are not satisfied with the allowances so made, they can ap- peal to the probate court in the manner provided for in the chapter relating to appeals in road cases. (106 v. 650.) Sec. 7477. Repealed. Sec. 7478. Repealed. Sec. 7479. [Grant of franchise to street or interurban railway; conditions.] No franchise or grant to any street railway, interurban railway or other railway shall here- after be granted by the state highway commissioner, by the board of county commissioners or by the council of any municipality, unless such franchise or grant shall provide, that such company, shall thereafter, when required by the proper authorities in charge of such road or street, make such changes in its grade and method of construction, as shall be necessary to conform to any improvement thereafter made of such street or road. The type of construction used by such company shall be approved in the first instance, by the state highway commissioner, if such road is under juris- diction of the state; by the engineer of a municipality, if such improvement is within the bounds of such municipality; or, by the county highway superintendent in the case of other roads, and shall also be approved by the proper authorities having jurisdiction over such street or road. (106 v. 652.) Sec. 7480. [Power to appropriate right of way, cross- ing or lands of railroad; proceedings.] The state high- way commissioner, county commissioners‘or township trustees shall have power to appropriate a right of way or crossing over railroad tracks, and lands held by railway companies, whether operated by steam or electricity, and shall also have the right to appropriate the necessary property and right to construct said crossing above or below the grade of said railway. Such proceedings shall be had thereon as are pro- vided for appropriation of property by municipal corporations. In case the grade of the road at such crossing shall be raised 308 GENERAL PROVISIONS ~ \ ) ? ae nse or lowered above or below the railroad tracks thereon, by — agreement or order of the court, the cost of raising or low-— bi ering stich grade shall be apportioned between the county commissioners or township trustees and the railroad com- pany in the same proportion as in cases where a grade is 4 raised or lowered on a crossing already established or exist ing. (106 v. 653.) ‘ CHAPTER XIII EMERGENCY ROAD LAW Sec. 7419. [Tax levy for road repairs.] When one or more of the principal highways of a county or part thereof, have been destroyed or damaged by freshet, landslide, wear of watercourses, or other casualty, or, by reason of the large amount oi traffic thereon or from neglect or inattention to the repair thereof, have become unfit for travel or cause difficulty, danger or delay to teams passing thereon, and the commissioners of such county are satisfied that the ordinary levies authorized by law for such purposes will be inadequate to provide money necessary to repair such damages or to re- move obstructions from, or to make the changes or repairs in, such road or roads as are rendered necessary from the causes herein enumerated, they may annually thereafter levy a tax at their June sessions, not exceeding five mills upon the dollar upon all taxable property of the county, to be ex- pended under their direction or by the employment of labor and the purchase of materials in such manner as may seem to them most advantageous to the interest of the county, for the construction, reconstruction or repair and maintenance of such road or roads or part thereof. (R. S. Sec. 4919.) For tax levy in Champaign county for road repairs, see appendix, § 14899. For a tax for road repairs in Van Wert county, see appendix § 14886, et seq. Cited: State, ex rel., vy. Fangbouer, 14 O. C. C. LOE 7 Oe Cun. vod Preuer y. Bardes, 6.0. N, P. (N..S.) 65, 18 O. D. (N. P.) 176. This legislation is of uniform operation throughout the state, and is constitutional: State v. Lewis, 13 O. D. (CN. 'P.) 148. The fact that other statutes contain specific provisions for the levy of a road tax in certain specific counties, and that such other (309) 310 Emercency Roap Law provisions are unconstitutional, does not render this section uncon- stitutional: State v. Lewis, 13 O. D. (N. P.) 148. An amendment to this section, which was subsequently repealed, was held to be unconstitutional, in State, ex rel., v. Pohling, 1 O. C. Cec4R6Fj 1 O.4 Coe DV 27k This case was, however, reversed, without report, in State, ex rel., v. Pohling, 17 Bull. 60. The fact that the record does not show a finding that the facts which will justify a tax levy exist, does not render invalid a tax which is levied under this section: Lima v. McBride, 34 O. S. 388. The council of a municipal corporation cannot control any part of the taxes levied under this. section: Lima v. McBride, 34 O. S. 338.> The tax provided for in this section is,to be levied upon townships, which are made independent road districts, as well as upon the rest of the county: ‘Bennehoff v. Mansfield, 2 O. N. P. 225, 2 O. D. (N. P.) 402. ¢ For the application of this section, see State v. Lewis, 13 O. D. (Ne P.)--188. If two different actions are brought by taxpayers to enjoin the levy of assessments for the same improvement, in two different courts of concurrent jurisdiction, the adjudication of the court in the first action which is brought is a bar to the second action: State, ex rel., vy. Lewis, 13.0. D. CN. P.) 101. For the extent of the power of a municipal corporation or township, to control any part of this fund, see G. C. § 7421. Exempted specifically from operation of Smith Law by Sec. 5649-4. The supreme court has decided that ‘Sec. 56494 General Code (page 317) is nota legislative declaration that all the conditions enumerated in, section 7419 are emergencies for which taxes may be levied in exceSs of the limitation, prescribed.” Such conditions must be shown to be emergencies. State, ex rel., v. Zangerle, 95 O. S. 1. Sec. 7420. [Exception.] The next preceding section shall not authorize the commissioners to refuse to make a levy for a road fund under the provisions of law relating to levies for road and bridge purposes. (R. S. Sec. 4919.) Sec. 7421. [How surplus of tax to be disposed of.] All money assessed and collected under the provisions of section seventy-four hundred and- nineteen, which remains in the hands of the county ‘treasurer, unexpended and unappro- priated, for a period of six months after the annual Septem- ber settlement for the fiscal year during which the tax was collected, shall be paid to the treasurer of the township or EMERGENCY RoAp Law 311 municipal corporation from which it was collected, and be expended on the public roads, under the direction of the trustees of the proper township or municipal corporation, in such manner as seems to them most advantageous to the in- terest of the township or corporation, for the construction, reconstruction, or repair of roads, and in building or repairing bridges. (R- S. Sec. 4921.) This section specifies the only part of the taxes levied for road pur- poses which the council may control: Lima v. McBride, 34 O. S. 338. CHAPTER XIV PORTAGE COUNTY PLAN Sec. 6886-1. [Commission, when fund contributed to assist in highway improvement.] When the county com- missioners of any county have determined to improve one or more highways within such county and any person, persons, firm, partnership, corporation or association of persons desire to contribute a fund for the purpose of assisting in the im- provement of such highway, such fund to be not less than ten per centum of the total cost of such improvement, the said person, persons, firm, partnership, corporation, or asso- ciation may apply to a judge of the court of common pleas of the county, who may appoint four suitable and competent freeholders of the county who shall in connection with the county commissioners, constitute a commission for the pur- pose of the improvement of such road and serve until its completion. (103 v. 782.) J. The road improvement commission provided for in sections 6886-1 to 6886-12 G. C., may not delegate to. the improvement association men- tioned in section 6886-12 authority to employ a surveyor; nor may such commission advance to such association for disbursement by the latter, funds representing the estimated cost of an improvement. 2. Public funds paid into the county treasury by township trustees are not to be counted as part of the ten per cent. contribution men- tioned in section 6886-1 G. C. 3. By reason of the provisions of section 7181 G. C., the county surveyor is not entitled to retain fees paid him out of funds on im- provements made in accordance with said sections 6886-1 et seq. G. Gc. Opinions of Attorney General, 1920, v. I, p. 534. Sec. 6886-2. [Compensation of appointees.] The per- sons so appointed shall receive a reasonable compensation for the time actually employed, to be fixed by the court of (312) 4 , * ¥ De ee Se Ss, PorTacE County PLAN 313 common pleas, and on its approval, paid from the fund pro- vided for such improvement. Their compensation in the aggregate shall not exceed one per cent. of the amount re- ceived by the county from taxes raised, or for the sale of bonds for the purpose of making such improvement. (103 v. 732.) Sec. 6886-3. [Expenses.] The necessary expenses for stationery, postage, correspondence and other incidental ex- penses required in the discharge of the duties of the com- mission, shall be paid from the county treasury on the order of the county commissioners and the warrant of the auditor. (103: vi 732.) Sec. 6886-4. [Bond; oath.] Before entering upon the discharge of their duties, the persons so appointed shall each take an oath of office and give bond for the faithful and hon- est discharge of his duties, in such amount as required by said judge of court of common pleas, with sureties approved by him. Such bond shall be delivered to the county treasurer and kept in his office. (103 v. 732.) Sec. 6886-5. [Vacancy.] In case of death, resigna- tion or removal of any member of said commission, the va- cancy shall be filled by appointment by the common pleas judge, as hereinbefore provided. (103 v. 732.) Sec. 6886-6. [Surveyor.] The commission shall employ a competent surveyor who shall go upon the line of such road and make such surveys as are necessary, and shall also make an estimate of the cost and expense of such improve- ment and transmit the same to the said commission, together with a copy of the plat, profile, cross-section, plans and speci- fications, (103 y. 732.) Sec. 6886-7. [Award of contracts.] After adopting Plans, specifications and estimates, the commission shall invite bids for such construction and award the contracts therefor. Until the construction and improvement js completed and accepted by the commission, it may determine all questions connected therewith and shall be governed by the laws relat- $14. PortaGE County PLAN’ ing to the construction and improvement of public highways, with the same power to appropriate land and road material, establish grades of roads and other rights, given by law to boards of county commissioners, relating to the repair and improvement of public highways. (103 v. 733.) Sec. 6886-8. [Employes.] The commission may employ engineers, superintendents and other necessary employes dur- ing such construction and improvement and fix their compen- sation and bond. (103 vy. 733.) Sec. 6886-9. [Plans and specifications; where filed. Alterations.} When approved by the commission, plans, drawings, profiles, bills of material, specifications of work and estimates of cost thereof, shall be filed by the county auditor in his office, and shall not be altered, unless such alteration shall first be drawn, specified and estimated as required by law for the original plans and approved by the commission. No such change shall be’ made until the price to be paid therefor shall have been agreed upon in writing between the commission and the contractor. (108 vy. 733.) Sec. 6886-10. [Resolutions, adoption of and record.] Resolutions for the adoption or alteration of plans or specifi- cations, or awards of contracts, hiring of engineers, super- intendents or other employes, and the fixing of their com- pensation, the approval of bonds and the allowance of esti- mates shall be in writing and require for their adoption the votes of five members of the commission taken by yeas and nays and recorded on the journal of the county commission- ers. When signed by five members of the commission, the county auditor shall draw his warrant on the county treas- urer for the payment of all bills and estimates of such com- mission, (103 v. 733.) Sec. 6886-11. [Record of proceedings.] Full and ac- curate records of all proceedings of the commission shall be kept by the county auditor upon the journal of the county commissioners. He shall carefully preserve in his office all plans, drawings, profiles, bills of materials, specifications of q ; Portace County PLAN 315 work and estimates of costs in detail and in the aggregate pertaining to such improvement or construction. (103 v. 733.) Sec. 6886-12. [When improvement may be made with-. out petition or competitive bidding.] Whenever, in any county in the state, there shall be a bona fide, voluntary as- sociation, either incorporated, or unincorporated, not for profit, of not less than one thousand citizens of any county, one of the purposes of which organization is the improve- ment, maintenance and repair of the public highways of said county, the commission as provided for in section | of this act, having the right to expend money in grading, draining, curbing and improving county and state highways by the use of gravel, macadam, stone, brick, slag, or other material, or expending money for improving, maintaining and repairing said highways from the public funds under their charge and control, applicable for the construction, maintenance or repair of public highways, may, without the necessity of petition being presented by property owners or of advertising for competitive bids, make contracts with said association, or its proper representatives, to do such work of grading, draining, repairing and.improving county or state highways within said county, by the use of gravel, macadam, brick, slag, or other material and for the betterment generally of the highways of said county and make payments therefor out of any road or bridge funds under the control of said respective boards of officials, in the treasury, or levied for the purpose of con- structing, maintaining and improving the public highways in said county. (103 v. 733.) CHAPTER XV , PENAL PROVISIONS Sec. 13421-3. [Altering, defacing or destroying guide- posts, signs, etc.; penalty.] Whoever unlawfully alters, defaces, injures or destroys any guide-post, sign-post, warn- ing-sign or other sign in, upon, along or near a public high- way, so placed under direction of the authorities having charge of such highway, shall be fined not more than fifty dollars, nor less than five dollars. (106 v. 659.) Sec. 13421-4. [Altering or injuring marker or monu- ment; penalty.] Whoever unlawfully alters, defaces, in- jures or destroys any marker or monument placed along, upon of near a public highway, by the proper authorities, to mark the boundaries thereof, or for any other purpose, shall be fined not more than fifty dollars, nor less than five dol- lars. (106 v. 659.) Sec. 13421-5. [Refusal or neglect of officials to perform duty; penalty.) If any county highway superintendent or township trustee or township highway superintendent, wilfuly neglects, fails or refuses to perform the duties of his office, he shall be fined not more than one hundred dollars, nor less than ten dollars, and said conviction shall operate as a removal from office. . (106 v. 659.) Sec. 13421-6. [Destroying or injuring bridge, culvert, etc.; penalty.]) Whoever wilfully injures, defaces or de- stroys any bridge, culvert or watering trough upon or along a public highway, or whoever alters, injures, defaceés, de- stroys or damages any tool, implement, machine or structure provided to shelter the same, belonging to either the state, county or township, for use in, or upon or along a public highway, or used in the construction, maintenance, improve- (316) os : ts > PENAL, PROVISIONS 317 ment or repair thereof, shall upon conviction thereof be con- fined in the penitentiary not less than one year or more than five years, or fined not more than five thousand dollars nor less than five dollars, or both. (106 v. 659.) Sec. 13421-7. [Obstructing ditch, drain or watercourse; penalty; duty of superintendent.] Whoever wrongfully obstructs any ditch, drain or water course along, upon, or across a public highway, or wrongfully diverts any water from adjacent lands to, or upon a public highway, shall be fined not more than one hundred dollars, nor less than five dollars; and whenever the township highway superintendent _ may learn of any such obstruction or diversion he shall forth- with notify the township trustees, who shall cause written notice thereof to be personally served upon the person, firm of corporation, or upon any agent in charge of the property of the persons, firm or corporations so causing such obstruc- tion or diversion, which notice may be served by a constable of the proper township or by any person authorized and ‘-deputed therefor, by the township trustees and which shall describe and locate said obstruction or diversion and direct the immediate removal of the same; if said person, company or corporation shall not within five days from the receipt of said written notice proceed to remove said obstruction and complete the removal of the same within a reasonable time, the township highway superintendent, upon the order of the township trustees, shall remove said obstruction, The ex- pense thereby incurred shall be paid in the first instance out of any money levied, collected and available for highway purposes and the amount of such expense shall be collected from said person, company or corporation by civil action by the township trustees, and paid into the highway fund of the township. (106 v. 659.) Sec. 13421-8. [Failure to make levy or furnish esti- mates; penalty.] Whoever, being charged with the duty of making any levy or furnishing any estimates or budgets requesting any levy or allowance for the construction, im- 318 PENAL PROVISIONS provement, maintenance or repair of any public highway, bridge or culvert, shall fail to make such’ levy or allowance, or furnish such estimate, budget or request shall be fined not more than two hundred dollars, nor less than twenty- five dollars. (106 v. 660.) Sec. 13421-9. [Driving over closed highway; penalty. ] Whoever drives over, upon, along or across a public high- way,’ or any part thereof, which has been closed, while in the process of construction, reconstruction or repair by order of the state highway commissioner, county highway super- intendent, county commissioners, township trustees or other official or employe having authority to close ‘such highway, shall “be fined not more than fifty dollars, nor less than five dollars. (106 v. 660.) Sec. 13421-10. [Hindering or obstructing an official making an arrest; penalty.] Whoever resists, hinders, obstructs or abuses any sheriff, constable or other official while attempting to arrest offenders under any of the pro- visions of this act, or interferes in any way, with any person charged under the provisions of this act with the enforce- ment of the law relative to public highways, shall be fined | ‘ not more than fifty dollars, nor less than ten dollars. (106 v. 660.) : Sec. 13421-11. [Placing obstruction in highway; pen- ‘alty.] Whoever unlawfully. places any obstruction in, or upon a public highway, shall be fined not more than fifty dollars, nor less than five dollars. (106 v. 660.) Sec. 13421-12. [Traction engines on improved high- ways; definitions.] Whoever drives over the improved highways of the state, or any political subdivision thereof, a traction engine or tractor with tires or wheels equipped — ~™ with ice picks, spuds, spikes, chains or other projections of any kind extending beyond the cleats, shall be fined ‘for~ each offense~not less than~-ten-doHars. nor- plore sane i hundred@doHars. The terms “Traction engine” or “Tractor” 5 as Eee in this act, shall apply to all age engines — PENAL PROVISIONS B49" equipped with metal-tired wheels operated or propelled by any form of engine, motor or mechanical) power, used for agricultural purposes. No city, county, village or township shall adopt, enforce or maintain any ordinance, rule or reg- ulation contrary to or inconsistent with the terms of this act; or require of any person any license tex upon or registration fee for any traction engine, tractor, or trailer, ot any permit or license to operate. Operators of traction engines or tractors shall have the same rights, upon the public streets and highways as the drivers of any other vehicles unless some other safe and convenient way is provided, and no public road open to traffic shall be closed to traction engines or tractors. (106 v. 660; 107 v. 652.) Sec. 13421-13. [Failure or neglect to drag road; pen- alty.] Whoever, being charged by law with the duty of causing any unimproved or gravel road or part thereof to be dragged, shall wilfully fail, neglect or refuse to cause the same to be done, in such manner and within the time fixed by the provisions of the sections applicable thereto, or by the proper authority, shall, on conviction thereof, be fined not more than fifty dollars, nor less than ten dollars. (106 v. 660.) Sec. 13421-14. [Digging, excavating, piling earth or building fence on highways; penalty.] Whoever digs up, removes, excavates or places any earth or mud upon any portion of any public highway or builds a fence upon the same without legal authority or permission so to do, shall be fined not more than two hundred dollars nor less than ten dollars. Each day that such person continues to dig up, remove or excavate any portion of the public highway shall constitute a separate offense. (106 v. 660.) Sec. 13421-15. [Failure or neglect to cut weeds, briers, etc.; penalty.] Whoever, being charged by law with the duty of cutting, destroying or removing any weeds, briers or bushes upon or along a public highway, wilfully fails, neglects or refuses to cut, destroy or remove such weeds, . \ ~~ \ i ; ,.) ne eSanrk, + Big | ae \ ‘ . ; | | Be 8g pw olny eae) PENAL PROVISIONS briers or bushes within the time fixed by law or on the order of the proper officials; shall be fined not more than fifty dollars, nor less than five dollars. (106 v. 661.) Sec. 13421-16. [Placing nails, tacks, glass, etc., upon highway; penalty.]| Whoever places upon any part of a public highway, lane, road, street or alley, any tacks, bot- tles, wire, glass, nails or other articles, except such sub- stances that may be placed there by proper authority for the repair or construction thereof, which may damage or injure any person, vehicle or animal traveling along or upon said public highway, shall be fined not more than two hundred dollars or imprisoned not more than six months or both (106 v. 661.) Sec. 13421-17. [Excess weight and speed of vehicles; penalty.] Any person violating any of the provisions of. sections 7246 to 7249 inclusive of the General Code shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars. (106 v. 661; 107 v. 141.) Sec. 13421-18. [Possession of tools, etc., belonging to state, county, etc., penalty.] If any person shail, without being duly authorized, have in his control or possession any equipment, tools, implements, or other property belonging to the state, county or township, such person shall be fined not more than one hundred dollars nor less than five dollars. (106 v. 661.) Sec. 13421-18a. [Use of county vehicle; penalty.] Any ‘person using or driving any automobile, motorcycle or other conveyance owned, hired or leased by the county commis- ioners of any county for the use of any county official or employe, for any purpose other than the transaction of official business. shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than twenty-five dollars nor more than two hundred dollars and imprisoned not less than ten days nor more than sixty days. (107 v. 141.) | . " : PENAL PROVISIONS 821 Sec. 13421-19. [Failure of manufacturer or dealer to keep record of motor vehicles; penalty.] Every manufac- turer of or dealer in motor vehicles and every owner, pro- prietor, person in control or keeper of any garage, stable, shop or other place of business who fails to keep or cause to be kept any record required by law shall be fined not more than one hundred dollars nor less than ten dollars. (106° v. 661.) s Sec. 13421-20. [Fines credited to maintenance and re- pair fund.] All fines collected under the provisions of this chapter shall be paid into the county treasury and placed to the credit of the fund for the maintenance and repair of the highways within such county. (106 v. 661.) Sec. 13421-21. [Courts having jurisdiction.] All courts of competent jurisdiction, including police judges, mayors of villages and cities, shall have jurisdiction as provided by law in all cases of violation of any of the sections contained in this act. (106 v. 661.) Sec. 13421-22. [Prosecution of offenses.] It shall be the duty of the prosecuting attorney of the county to pros- ecute all offenders under this chapter upon application of any official or individual filing any affidavit before any magis- trate of the county, charging an offense under this chapter. Nothing herein shall prevent the prosecuting attorney or any other official from prosecuting offenders under this chapter upon his own initiative. (106 v. 661.) CHAPTER XVI CURATIVE AND SAVING PROVISIONS Sec. [7574-1] 6956-la. [Contracts and proceedings vali- dated.]| That proceedings for the construction, improve- ment or repair of stone and gravel roads in this state under the provisions of sections 6926 to 6956 inclusive of the Gen- eral Code since May 10th, 1910, and all petitions filed or granted, bonds issued or to be issued, taxes and assessments levied or to be levied on account of such roads, and all-con- tracts made or to be made under the provisions of said sec- tions, and any and all steps taken thereunder are hereby de- clared and held to be valid, and boards of county commis- sioners or other officers shall have full power and authority to proceed with the construction and completion of all roads in process of construction under said sections or contemplated by any petition heretofore filed or granted under said sec- tions, and shall also have full power and authority to levy taxes and assessments and to sell bonds to pay for the con- struction and improvement of any such roads, and to do any and all things contemplated by such petitions under said sections. (103 v. 133.) Cass Highway Act Sec. 300. [Former proceedings, contracts, tax levies, bonds, etc., shall be valid.] All proceedings for the con- struction, improvement or repair of stone, gravel or other roads in this state under the provisions of sections 6956-1 to 6956-16 inclusive, of the General Code, had since May 10th, 1910, and all petitions granted, bonds issued, taxes and assess- ments levied or to be levied on account of such roads, and all contracts made or entered into, under the provisions of (322) alee em bes a ee eee eee ee ee ee ee Pe CURATIVE AND SAVING PROVISIONS 323 said sections, and any and all steps taken thereunder, are hereby declared and held to be valid, and boards of county commissioners or other officials shall have full power and authority to complete all roads in process of construction under said sections, and shall have full power and authority to levy taxes and assessments for such roads, and to sell bonds, to pay for the construction and improvement of all such roads, and to do any and all things contemplated by the provisions of said sections. : All petitions granted, bonds issued, contracts let, taxes and assessments levied or to be levied, on account of such roads, shall be deemed and held to have been done under the provisions of said sections 6956-1 to 6956-16 inclusive, notwithstanding any irregularity in said petitions, contracts, bonds, levies or assessments, and the proceedings had in connection therewith, and notwithstanding said proceedings may not have been had in strict conformity to the provisions of the sections above referred to; and all proceedings for the construction of stone, gravel or other roads which have not been had in conformity to any valid existing law, shall be deemed and held to have had under the provisions of the sections above referred to, and such proceedings and all the steps thereunder are hereby declared and held to be valid, notwithstanding any defect or irregularity therein, or any failure to conform strictly to the provisions of the above mentioned sections. (106 v. 662.) Sec. 301. [Proceedings in courts to enjoin or declare void; admissible testimony; apportionment of costs.] The court in which action is brought to enjoin, reverse or declare void, the proceedings, by which any road has been constructed or improved, or ordered to be constructed or improved, or to enjoin the collection of a tax or as- sessment levied or ordered to be levied for such purpose, or any part thereof, if there is manifest error in such proceed- ings affecting the right of the plaintiff in such action, may set 324 CURATIVE AND SAVING PRovisIoNs such proceedings aside as to him, without affecting the rights or liabilities of the other parties in interest. The court shall allow parol testimony, that said improvement will be con- ducive to the public welfare, and that any steps required by law for an improvement has been substantially complied with, notwithstanding any errors or defects in any record required to be kept by any board or officer, and without finding error, the court may correct any gross injustice in the assessment made by the commissioners. The court, on the final hearing, shall make such order in the premises as it may deem just and equitable, and order the tax or assess- ment levied against the plaintiff to remain on the duplicate for collection or order it to be levied in whole or in part,. or perpetually enjoin it or any part thereof, or if it has been paid under protest, order the whole or such part thereof, as is just and equitable to be refunded. The costs of such action shall be apportioned among the parties, or paid out of the county treasury as the court may direct. (106 v. 662.) Sec. 302. [Pending actions, civil or criminal, not af- fected.]| This act shall not affect pending actions or pro- ceedings, civil or criminal, pertaining to the construction, improvement, maintenance, supervision or control of high- ways, bridges or culverts, brought by or against the county commissioners, county surveyor, township trustees, or road superintendent under the provisions of any statute’ hereby repealed, but the same may be prosecuted or defended to final determination in like manner, as if such statute had not been repealed. (106 v. 663.) Sec. 303. [Contracts not impaired or affected.] This act shall not affect or impair any contract or any act done, or right acquired or any penalty, forfeiture or punishment incurred prior to the time when this act or any section thereof takes effect, under or by virtue of any law so re- pealed, but the same may be asserted, completed, enforced, prosecuted or inflicted as fully and to the same extent as if CURATIVE AND SAVING PROVISIONS 325 such laws had not been repealed. The provisions of this act shall not affect or impair any act done or right acquired under or in pursuance of any resolution adopted by the board of commissioners of any county, the trustees of any township, or the commissioners of any road district prior to the time of the taking effect of this act, ard wherever under any law repealed by this act any organization now exists for the purpose of improving, repairing or maintaining any public road or roads, such organization shall not be affected by this act and all officers of such organization or ‘organizations shall continue to hold office and exercise the powers heretofore exercised by them. Their successors in office with like powers shall be elected or appointed as heretofore till all contracts and obligations of such organiza- tion shall be fully met and complied with and all rights fully conserved. For such purposes such organization or organiza- tions shall have all the rights heretofore exercised by them to hire necessary assistance, clerical or otherwise; to fund or refund any indebtedness and to levy and collect taxes or certify the same for levy and collection; to pay such debts and expenses together with salaries and other expenses of such organization or organizations; but no such organiza- tion or organizations shall contract any new obligation or obligations, after the taking effect of this act, for the con- struction or repair of additional road or roads or the main- tenance or repair of roads already improved. When all obliga- tions existing at the time of the taking effect of this act have been fully met and complied with, such organization or organizations shall cease to exist and all property or funds of such organization or organizations shall be and become a part of the road fund of the county in which such organiza- tion or organizations exist. All roads macadamized or paved by any such organization shall be kept improved and in repair by the county highway superintendent at the cost of the county in which the same are located. (106 v. 663.) O26 CURATIVE AND SAVING PROVISIONS White-Mulcahy Act Sec. 2. [Pending action and proceedings.] This act shall not affect pending actions or proceedings, civil or crim- inal, pertaining to the construction, reconstruction, improve- ment, maintenance, repair, supervision or control of high- ways, bridges or culverts, brought in any court at any time prior to the taking effect of this act, under or involving the provisions of any statute hereby amended or repealed; but the same may be prosecuted or defended to final deter- mination in like manner ‘as if such statute had not been amended or repealed. (107 v. 141.) Sec. 3. [Contracts not impaired.] This act shall not affect or impair any contract entered into, any act done, any right acquired or any obligation incurred prior to the time when this act takes effect, under or by virtue of any statute hereby amended or repealed, but the same may be com- pleted, asserted or enforced as fully and to the same extent as if such statute had not been amended or repealed. Roads constructed by road districts consisting of a township or part thereof, or two or more townships, which road districts have been heretofore abolished by law, shall after the taking effect of this act be maintained and repaired by the township trustees of the township in which such roads are situated; unless such roads are constructed or reconstructed to con- form to the standards for county roads, and the maintenance and repair thereof assumed on behalf of the county by the county commissioner, (107 v. 141.) Sec. 1208-5. [Subdivisions authorized to reimburse con- tractor on contract entered into prior to May 25, 1918.] The board of county commissioners of any county, the board of township trustees of any township, or the council of any municipal corporation, or other corresponding board or officer in the case of a charter city or village not having a council, is hereby authorized and empowered to allow and pay to any contractor who has performed or who is CURATIVE AND SAVING PROVISIONS Oe engaged in performing any contract entered into with such county, township or municipal corporation or the proper authorities thereof, for the construction, reconstruction, im- provement, maintenance or repair of any public road, high- way, street, bridge or section or portion thereof, the in- creased freight charges paid by such contractor on materials transported over a railroad or railroads by him and used in the performance of such contract, where such materials were transported on and after the twenty-fifth day of June, nine- teen hundred and eighteen, and such increased freight charges were paid under and by virtue of the terms of a certain order issued by the United States Railroad Administration on the twenty-fifth day of May, nineteen hundred and eighteen, and known as general order number twenty-eight, or under and by virtue of any other order promulgated by said United States Railroad Administration or any other lawful authority on- or after the twenty-fifth day of May, nineteen hundred and eighteen. This authorization shall be effective and such payment shall be made to such contractor only in the event that his said contract was entered into with said county, township or municipal corporation or the proper authorities thereof prior to said twenty-fifth day of May, nineteen hun- dred and eighteen. The intent and purpose of this section is to fully authorize and empower such county, township or municipal authorities to fully reimburse such contractor for such increased freight charges so paid by him and the amount so authorized to be paid tossuch contractor shall be determined by computing the freight charges which such contractor would have been required to pay on such materials at the rate in force and effect on said twenty-fifth day of May, nineteen hundred and eighteen, and subtracting the amount of such freight charges so computed from the amount of freight charges actually paid on such materials by such contractor under and by virtue of the terms of said general order number twenty-eight or under and by virtue of ‘the terms of any other order promulgated by said United States 328 CURATIVE AND SAVING PROVISIONS Railroad Administration or any other lawful authority on or after the twenty-fifth day of May, nineteen hundred and eighteen. Where anything required to be done or furnished in connection with any such contract has been or shall be performed or furnished by a person, firm or corporation other than the principal contractor, and under and by virtue of a contract entered into by such other person, firm or corporation with the principal contractor prior to the twenty-fifth day of May, nineteen hundred and eighteen, such other person, firm or corporation shall be held to be a contractor within the terms of this act and proof of claim shall be made by and pay- ment made directly to him or it, provided he or it be required by the terms of such contract to pay in the performance thereof extra or added freight charges under said general order number twenty-eight or any order amendatory thereof or supplementary thereto. Such payments may be made by such county, township or municipal corporation from time to time during the performance of such contract by said contractor, or at the time of the completion of such contract, or at any time thereafter. Payments shall be made from any fund available for the construction, improvement, main- tenance or repair of roads, highways, streets or bridges created by general taxation and against which no contractual obligations exist. All bills presented for allowance under the provisions of this section shall be carefully examined before allowance for the purpose of determining that the materials upon which inéreased freight charges are claimed were actually transported for and employed in the construc- tion of the improvement covered by the contract in question and that the amounts of such increased freight charges are correct. ‘(108 v. Pt. I, 550.) 1. Under facts as stated in opinion, county not liable for items representing balance of contract price, and value of “extra work.” If the commissioners pay such items, however, there can be no recovery back by the county. CURATIVE AND SAVING PROVISIONS 329 2. Bonds may not be issued for the purpose of providing funds for reimbursement of contractors as authorized by act 108 O. L. 548, on account of losses due to increase of freight rates by governmental action. Opinions of Attorney General, 1920, v. I, p. 418. Road District Funds Sec. 1. [Authority to transfer funds of road districts.] Funds of road districts which were in existence at the time of the taking effect of the act passed May 17, 1915, approved June 2, 1915, entitled “an act to provide a system of highway laws for the state of Ohio, and to repeal all sections of the General Code, and acts, inconsistent herewith,” shall be trans- ferred to the road fund of the county, and the same shall be under the control of the county commissioners. Interest upon outstanding and unpaid bonds duly issued to meet the expense of the improvement of a road or roads in any road district, prior to the passage of said act, shall be paid from funds so transferred, and the county commissioners shall, annually make such tax levies upon the property comprised within such road districts as may be necessary to pay the interest upon such bonds and provide a sinking fund for their redemption at maturity. Whenever the same may be- come necessary, the county commissioners may refund such bonds in the manner provided by law for refunding of other bonds of the county. (108 v. Pt. I, 380.) Validation of Contracts Sec. 1, [Validation of certain highway contracts.] All contracts entered into, or purporting to have been entered into, by the state of Ohio, through the state highway ¢om- missioner or state highway department, prior to the first day of January, nineteen hundred and eighteen, as to the letting, awarding, carrying on or completion of which, or as to the proceedings preliminary to or in connection with which, there may have been failure on the part of any board, boards, officer or officers of the state, or any of its subdivisions, to ers eRe A Aa 330 CURATIVE AND SAVING PROVISIONS comply with the provisions of any statute or statutes, are, notwithstanding such failure, declared and shall be held to be valid and binding contracts and proceedings. Sec. 2. All contracts, or purported contracts, described in section 1 hereof, and all actions and proceedings of any and all boards and officers in respect thereto or under as- sumed authority thereof, are on behalf of the state of Ohio hereby ratified, approved and confirmed. Sec. 5. Neither this act, nor anything herein contained, shall operate to revive, reinstate or in any manner give rise to any right or claim against the state or any of its sub- divisions under or by virtue of any contract, action or pro- ceeding, which has been cancelled, vacated or abandoned by the state or its subdivisions; or to renew any right or claim against the state or its subdivisions under or by virtue of any contract which has been completed or compromised. (108: ve Pt? 2s; 1122-3.) Hopley-Gorrell Act, 1921 Sec. 4. The state highway commissioner shall be author- ized to place in a passable condition for traffic detour routes established in connection with road. improvements under the supervision of the state highway department, the contracts for which may have been entered into prior to the taking effect of this act, and he shall be further authorized to maintain such detour routes in a passable condition for trafhe until the reopening to traffic of the improvements under construction. The expense of carrying out the provisions of this section shall be paid from the maintenance and repair funds of the state highway department, or from any inter- county highway funds apportioned to the county within which such improvement is being constructed and against which no contractual liabilities exist. (109 vy. 170.) Sec. 6.. The provisions of sections 1207-1; 1208, 1222, . 1223, 5630-1, 6929 ‘and 6947 of the General Code as herein enacted or amended shall upon and after the taking effect of this act CURATIVE AND SAVING PROVISIONS 331 apply to pending proceedings for the construction, improve- ment, maintenance or repair of roads or highways. (109 v. 171.) Sec. 7. The provisions of sections 1212, 1212-2, 6947-1 and 6947-la of the General Code as herein amended shall apply to contracts let prior to the taking effect of this act, provided the written consent of the centractor’s surety or sureties is filed with the officer or board which entered into such con- tract; otherwise the matter shall be governed by the statu- tory provisions in force at the time such contract was made. C109 ove ETE) Sec. 7a. All bonds issued under authority of sections 1228 and 6929 of the General Code prior to the taking effect of this act, which have been sold for not less than par and accrued interest- and the proceeds thereof paid into the treasury, shall be held to be legal, valid and binding obliga- tions of the political subdivision issuing the same, without regard to whether any special assessments anticipated by such bonds were made prior to the issuance thereof. (109 Wiedote) Reimbursement of road contractors for losses due to governmental action Sec. 1. The claims of road contractors having contracts for the construction, improvement, maintenance or repair of inter-county highways and main market roads let by the state highway department or in the making of which bids were received and opened by the state highway department before the twenty-ninth day of July, nineteen hundred and twenty, or reimbursement to the extent of added freight charges paid by them under and by virtue of the terms of the decision of the Interstate Commerce Commission in the mat- ter of the application of carriers for authority to increase rates, docket number ex parte 74, known as the nineteen hun- -dred and twenty rate advance case, 58 I. C. C. 220, and made ,on the twenty-ninth day of July, nineteen hundred and 332 CURATIVE AND SAvING Provisions twenty, or under and by virtue of the terms of any decision or order of the Interstate Commerce Commission amenda- tory ot or supplementary to the decision in said docket number ex parte 74, or issued for the purpose of carrying into effect the terms of said decision, or paid by them under and by virtue of the terms of the decision of the Public Utilities Commission of Ohio in the matter of the application of the steam railroad companies operating in the state of Ohio for authority to file new schedules, effective upon less than thirty days’ notice, number 885, and made on the seven- teenth day of August, nineteen hundred and twenty, or under and by virtue of any other subsequent order or decision of the Public Utilities Commission of Ohio authorizing an in- crease in freight rates, upon materials transported to and used in such work on contracts so let or advertised for let- ting before such twenty-ninth day of July, nineteen hundred and twenty, are hereby declared to be valid and subsisting obligations of the state of Ohio, (109 y. 278.) Sec. 2. For the payment of such obligations there is hereby appropriated from the state highway improvement fund the sum of three hundred and eighty thousand dollars. (109 y. 279.) Sec. 3. The moneys hereby appropriated shall be available for and shall be used to reimburse only those persons, firms and corporations, who, on the said twenty-ninth day of July, nineteen hundred and twenty, had uncompleted contracts with the state of Ohio for the construction, improvement, main- , tenance or repair of a section or portion of an inter-county highway or main market road within the state, or who had prior to such date filed bids for such work, which bids had been opened, and upon which bids contracts were thereafter let, and such contractors shall be reimbursed from the moneys hereby appropriated only to the extent of any increased or extra freight charges paid by them under and by virtue of the terms of said decisions and orders of the Inter-state Com-. merce Commission and the Public Utilities Commission of CURATIVE AND SAVING PROVISIONS 333 LORS hereinbefore described. Where anything required to be done or furnished in connection with any such contract has been or shall be performed or furnished by a person, firm or corporation other than the principal contractor, and under and by virtue of a contract entered into by such other person, firm or corporation with the principal contractor prior to the twenty-ninth day of July, nineteen hundred and twenty, such other person, firm or corporation shall be held to be a con- tractor within the terms of this act and proof of claim shall be made by and payment made directly to him or it, provided he or it be required by the terms of such contract to pay in the performance thereof extra or added freight charges under said decisions and orders of the Interstate Commerce Com- mission and the Public Utilities Commission of Ohio herein- before described. The moneys hereby appropriated shall be available for the payment of such excess freight charges’ only in the event such materials have been or shall be transported to and de- livered upon the site of the improvement upon which they are to be used prior to the first day of November, nineteen hundred and twenty-one. No part of the moneys hereby appropriated shall be paid to any contractor who has been or who shall be removed from his control of the work cov- ered by his contract under the provisions of section 1209 of the General Code. The term “freight charges” as used herein shall not be held to include demurrage charges, but shall be held to include taxes paid on the added freight charges herein described. The word “materials” as used herein shall be held to include fuel consumed by the contractor in the prosecution of the work. (109 v. 279.) Sec. 4. All claims presented for allowance under the pro- visions of this act’ shall be filed with the state highway commissioner on or before the first day of December, nine- teen hundred and twenty-one. The state highway commis- sioner shall immediately after such date carefully examine all such claims and the proof offered in support thereof and 304 CURATIVE. AND SAvING Provisions shall allow thereon such amount as is found by him to be~ due under the terms of this act. The amount to be allowed to each contractor shall be determined by computing the freight charges which such contractor would have been re- quired to pay on such materials at the rate in force and effect on said twenty-ninth day of July, nineteen hundred and twenty, and subtracting the amount of such freizht+charges “so computed from the amount of freight charges actually paid on such materials by such contractor under and by virtue of the terms of said decisions and orders of the Interstate Commerce Commission and the Public Utilities Commission of Ohio hereinbefore described,’ and the balance or re- mainder shall constitute the amount to be allowed. Upon completing his examination of the claims filed, the state highway commissioner shall transmit the same, together with his report as to the amounts found due thereon, to the sundry claims board, which board shall thereupon examine such claims and the report of the state highway commissioner in reference thereto and which board may require additional proof as to any of such claims and shall allow such amounts thereon as are found to be due. Payment of the amounts so found to be due shall be made by the warrants of the auditor of state issued upon the allowance of the sundry claims board, the same to be paid from the moneys hereby appropriated. Should the amounts found to be due exceed the amount hereby appropriated and. should no additional allowance be made according to law, a pro rata distribution of the amount hereby appropriated shall be made. In the event of a change in the organization of the state highway department by legislative enactment, abolishing the office of state highway commissioner, the duties herein cast upon the state highway commissioner shall be performed by the chief officer of the department or sub-department of government having charge of state highway construction. In the event the sundry claims board should be abolished by legislative CURATIVE AND SAVING PROVISIONS 335 enactment, the duties hereby cast upon such board shall be performed by the auditor of state.- (109 v. 280.) An-act similar to the above (H. B. 279) was passed May 10, 1919. This act applied to contracts let prior to May 25, 1918, and provided that all claims should be filed with the state highway commissioner on or before December 1, 1919, It was not deemed necessary to repro- duce this act. Further proceeding under Cass Highway Act Sec. 1. All proceedings for the construction, improve- ment or repair of any stone, gravel or other road in the state of Ohio, under the provisions of an act of the General As- sembly of the state of Ohio, entitled, “An act to provide a system of highway laws for the state of Ohio, and to repeal all sections of the General Code, and acts inconsistent here- with,” passed May 17th, 1915, (105-106 O. L. pages 574 to 666, both inclusive), had prior to the tenth day of June, one thousand nine hundred and nineteen, or all petitions granted, . or the letting, or the awarding, or contracts made and entered into, or proceedings preliminary to or in connection there- with, or bonds issued, or taxes and assessments levied or to be levied on account thereof, are hereby declared and held to « be valid notwithstanding any defect or irregularity therein or any failure to conform strictly to the provisions of the above mentioned act. Sec. 2. The courts of the state of Ohio shall: give effect to, and enforce, the provisions of this act in all actions now pending or that may be hereafter begun or commenced therein. (109 v. 522.) ‘6 te et CHAPTER XVII FLOOD EMERGENCY ACT OF 1913 Sec. 1. [Local authorities empowered to make expend- itures rendered necessary by flood, March and April, 1913.] The commissioners of any county or any road district, the board of education of any school district, the council of any municipal corporation or the trustees of any township, are hereby empowered to authorize or enter into contracts temporarily to repair, reconstruct or replace any public property or public way which such commissioners, council or trustees are authorized to repair, reconstruct or construct under any general law of this state, if such public property or public way has been destroyed or injured by floods occurring in March, April and July, 1913, and if urgent public necessity exists for the making of such tem- porary repair, reconstruction or replacement; and to appro- priate money, levy taxes, borrow money or issue bonds for - «such purposes. None of the provisions of the General Code requiring notice of any like repair or improvement to be given, imposing any limitation upon the time within which like contracts may be entered into or authorized; requiring competitive bidding in entering into like contracts; requiring the issuance by the auditor or clerk of a certificate that the money for such contracts is in the treasury or in process of collecting, unappropriated for any other purpose; requiring ordinances for like purposes to be published; requiring the submission of propositions to make like repairs or to recon- struct or construct like public improvements, property or way, or to expend money or levy taxes therefor to a vote of the electors; or subjecting any ordinance or resolution making any such contract or authorizing the same to be made, to a refer- (336) FiLoop Emercency Act or 1913 837 endum of the electors, shall in any way apply to or govern proceedings for entering into or authorizing such contracts, or appropriating money therefor. Directors of public service or safety in cities shall not be required to advertise for com- petitive bids in entering into any contract authorized by this section. [Application to common pleas court when amount ex- ceeds $500.) Provided, however, before any such con- tract for temporary repair, reconstruction or replacement involving an expenditure of more than five hundred dollars is authorized or entered into, such commissioners, board or council shall apply to the common pleas court of the county. or of any county in which any part of any such school dis- trict, road district or municipal corporation is located, or to any judge thereof. Such application shall set forth the nature of the repair, reconstruction or replacement proposed to be made, and the amount of money proposed to be ex- pended upon each building, plant, sewer, aqueduct, reservoir, water) mains( including water pipes connected therewith), apparatus, levee, embankment, street, alley, bridge, culvert, viaduct, or approach thereto, or to any of them, or upon each like public improvement or public way, and the necessity. thereof. Such court or judge shall forthwith hear and finally determine such application, and if it is found that such public necessity exists, that the proposed repair, recon- struction or replacement is temporary in its nature and should be made forthwith, and that the amount of money proposed to be expended therefor is reasonable and justified by such necessity, said court or judge shall allow the application, and board of officers so applying shall be authorized to proceed in the manner provided in this section. [Authority to make regular levies not impaired.] This section shall not be so construed as in any way to restrict or impair the authority of any of the officers mentioned therein under any of the general laws of the state, nor to 338 FLloop Emercency Act or 1913 authorize any of them to refuse to make the regular levies “under the provisions of such laws for road and bridge funds. * (103 yT4 4 = 104 ve 1888) Sec. 2. [Borrowing money.] The council of any mu- “nicipal corporation and the commissioners of any county are hereby empowered to borrow money in the manner specified in section 3 of this act, for the purpose of removing from the public places and private grounds: or buildings in the corporation, or, as the case may be, in the county outside of municipal corporations therein, any obstruction or matter’ deposited therein by the floods mentioned in section 1 of this act, the presence of which is inimical to the public health, safety or convenience. The sum thus borrowed may be expended for the above mentioned purpose, in such manner and through such agencies as such council or commissioners, by resolution, may prescribe. Such resolution shall not be published nor be subject to a referendum. Contracts entered into by such council or commissioners, or -by any board, officer or employe authorized by either of them to expend funds acquired under this section, shall not be subject to any provisions of the general law requiring competitive bidding. In the event that the power provided for in this section is exercised the local boards of health or health officers within and for the territory under the jurisdiction of such council or commissioners, as provided in this section, shall not have nor, exercise any power or duty respecting the removal of such matter; but all the powers and duties of such local boards of health shall, for the purposes of this act, be vested in and imposed upon such council or commissioners and the agencies designated by them as provided in this section. (108 v. 142.) Sec. 3. [Authority to issue bonds or notes.] For the purposes mentioned in sections 1 and 2 of this act, and for the permanent repair, reconstruction or replacement of public property or public ways destroyed or injured in the manner, and at the time described in section 1 of this act, any board 7-2 si Froop Emercency Acr or 1913 339 » of county commissioners, board of education, township trus- tees or council of any municipal corporation or the» road: _ commissioners of any road district may issue bonds or notes of the corporation, subdivision or district as needed. Reso- lutions or ordinances providing for the issuance of such rotes or bonds shal! not be published, shall not require the approval of the electors nor be subject to any referendum. Such resolution. or ordinances shall state the facts bringing them within the terms of this act, so far as the emergency is concerned, shall require for their passage the votes of two- thirds of all members elected to such board or council and the recitals therein contained shall be conclusive evidence of the facts recited. (103 v. 143.) Sec. 4. [Execution of notes and time to run.] Notes issued under authority of section 3 of this act shall be signed - as bonds of the corporation, subdivision or district are signed; shall not run for a longer period than eighteen months; shall not bear a greater rate of interest than six per cent; and shall not be sold for less than par. Provided, however, that no greater amount of notes shall be issued under _ authority of said section 3 by the authorities of any sub- ae eee division, corporation or district than shall equal the aggre- gate of a tax at the rate of five-tenths of one mill on each dollar of taxable property in such tax district as is listed and assessed for taxation in the year 1912. (103 v. 143.) Sec. 5. [Execution of bonds.] Bonds issued under authority of section 3 of this act shall be signed as other bonds of the corporation, subdivision or district are re-~ quired by general law to be signed. They shall recite on their face the purpose for which they are issued and shall state therein that they are issued under authority of this act. They shall be issued in such denominations, at such rate of interest, not exceeding six per cent., and for such period of time as the authority’ issuing them may determine in the resolution or ordinance providing for their issue; provided, however, that no greater amount of such bonds my» 340 FLoop Emrercency Act or 1913 shall be made payable in any one year than shall equal one tenth of one per cent. of the total value of the property in such municipal corporation, subdivision or district, as listed and assessed for taxation in the year 1912. Such bonds may be sold at popular subscription or otherwise at not less than par; their sale shall be advertised by notice published once a week for two consecutive weeks in one newspaper pub- lished and of general circulation in the county, or in either county, in case the municipal corporation or district is located in more than one county. When sold at’ popular sub- scription they shall be distributed to bidders according to- the rules prescribed for municipal bonds by section 3927 of the General Code. Bonds of a municipal corporation issued under authority of said section 3 of this act need not be first offered to the trustees or commissioners of the sinking fund | or to the state liability board of awards as provided by gen- eral law. All other provisions of the general laws, not in- consistent with the provisions of this section, and with those of section 3 of this act shall apply to and govern the issuance and sale of such bonds. (103 v. 143.) Sec. 6. [Levy for payment of principal and interest. Sinking fund.]_ For the purpose of paying the principal and interest on notes issued under section 3 of. this act, the authorities mentioned in said section or those author- ized by general law to levy taxes for any of the subdivisions mentioned in section 1 of this act, may levy a tax irrespec- tive of any of the limitations of section 5649-2 to 5649-5b of the General Code. In case such notes are funded by the issuance of funding bonds under the general laws, levies for interest and sinking fund purposes to provide for the retire- ment of such bonds shall not be included within any of the limitations of said sections. For the purpose of paying the interest on bonds issued under authority of said section 3 and providing a sinking fund for their final redemption at maturity, such authorities. shall provide at the time such in- debtedness is incurred, for levying and collecting, annually, Fioop Emercency Act or 1913 341 by taxation, a sufficient amount, which amount shall be cer- tified to the auditor of the proper county, who shall com- pute and ascertain the rate of levy necessary to provide therefor, and shall place the same upon the duplicate of the proper taxing district for the year or years for which it is certified, in addition to all other levies, and irrespective of any of the provisions or limitations of sections 5649-2 and 5649-5b inclusive, of the General Code, or any other lim- itations on tax rates at present in force. In no case shall funds produced by the levy authorized and required to be made by this section be used otherwise than for the pur- poses specified herein. In case money levied or borrowed under any of the provisions of this act is more than sufh- cient for the purpose for which it is levied or borrowed, the unexpended balance thereof shall be credited to the sinking fund provided for herein, and shall in no case be subject to transfer to any other fund; and when in such case, the final redemption of such bonds is provided for, the levy shall thereupon terminate. The commissioners of the county, the sinking fund trustees of the municipal corporations, the sinking fund commissioners of school dis- tricts in which such commissions are established, the board of education of any other school district or the clerk of the township shall administer the sinking funds provided for in this section, and shall have like power of investment thereof as is vested in trustees of the sinking fund of a municipal corporation by the provisions of the general laws of this state. When in any year, through miscalculation or inad- vertence the amount of the tax originally certified to the county auditor, as herein provided, is insufficient to provide for the payment of the interest and the maintenance of the sinking fund as required by this section, such trustees, com- missioners or clerk shall compute and ascertain the necessary amount and shall certify the same to the county auditor, who shall compute and ascertain the rate of levy necessary to provide therefor, instead of the rate necessary to provide 342 FLoop EMErGENcy Act or 1913 for the amount originally certified, and place the same upon the duplicate of the proper taxing district for such year. Whenever in any year, by reason of accretions to the sinking fund provided for herein, from any cause men- tioned in this section, the amount originally certified is more than sufficient to provide for the final redemption of all out- standing bonds, and the payment of all interest due, such trustees, commissioners or clerk shall ascertain the amount necessary to provide for the final redemption of such bonds, and the payment of such interest, and shall certify such amount to the county auditor who shall ascertain the rate of levy necessary therefor, and shall place the same upon the duplicate of the proper taxing district for such year, in- stead of the rate necessary to provide for the amount origin- ally certified. In such event no further levy shall be made for such purpose notwithstanding the requirements of the original certificate. Except for the purposes mentioned in sections 1 and 2 of this act and except when acting for such purposes under the general laws of the state and not under said sections, none of the taxing authorities mentioned in this section shall borrow money or levy a tax for any of the purposes men- tioned in this act under the general laws of the state unless such tax is necessary to provide for the payment of notes or bonds issued for such purposes and authorized prior to the passage of this act; but all moneys borrowed or taxes levied for the purpose of making repairs, reconstruction and te- placement of public property and public ways destroyed or injured by the floods mentioned in section 1 of this act shall be borrowed or levied under the provisions of this act. 103 v. 144, 761.) Sec. 7. [Bonds not counted in ascertaining limitations. ] Bonds issued for any of the purposes specified in section three of this act, or for the purpose of funding notes issued for such purposes, shall not be counted in ascertaining any FLoop Emercency Act or 1913 343 of the limitations of sections 3939 to 3954-1, inclusive, of the General Code. (103 v. 145.) Sec. 8. [Proceedings not subject to certain laws.] Proceedings under the general laws of this state for the permanent repair, reconstruction or replacement of public property and public ways, destroyed or injured in the man- ner described in section one of this act, shall not be subject to any provisions of such laws requiring the submission of the proposition to make such repair, reconstruction or re- placement, or to expend money for.such purposes to a vote of the electors, or subjecting any ordinance or resolution making or authorizing to be made any such contract to a referendum. Money to be derived from bonds or notes issued under authority of section three of this act shall, when their issuance is authorized, and for the purpose of the cer- tificate that money for the specific purpose is in the treasury, as required by the general law, be deemed in the treasury and in the appropriate fund. (103 vy. 145.) Sec. 9. [Definitions.] The term “public property”, as used in this act means and embraces, among other things of like nature, any public building, school house, publicly owned and operated public utility and all equipment, wires, poles, pipes, machinery and all other things used in connec- tion therewith, any street or road machinery, fire and police apparatus, any public works of any kind, levee, embankment, ditch, drain, storm sewer, sanitary sewer, bridge, culvert, viaduct or approach to any of them, and, all and singular, every kind and description of public improvement, building, structure or article of public use which the. authorities men- tioned in this act are severally empowered by the laws of this state to make, construct, purchase or maintain and repair, save and excepting those which are herein defined to be public ways.. The term “public ways” means and embraces streets, alleys, sidewalks, and public places and all things<: appurtenant thereto in municipal corporations, and the pay- ing or other improvements heretofore constructed or made 344 FLoop Emercency Act or 1913 thereon, whether by assessment of abutting property or other- wise; and all public highways and roads, including those for the repair of which county commissioners are authorized to make emergency levies under sections 7419 and 5649-4, Gen- eral Code. Provided, however, that in case any road or high- way is repaired under authority of this act by any board of county commissioners, such commissioners shall not be au- thorized thereafter to levy for the repair of such road or highway under the provisions of section 7419, General Code, save for emergencies arising subsequently to the occurrence of the floods mentioned in section one of this act. The term “replacement? as used in this act includes the. tem- porary establishment and operation of ferries and the widen- ing, deepening or straightening of any river, creek or run which overflowed its banks and caused damage to public or private property at the time mentioned in section one of this act, as provided in sections 2428 and 3623 of the General Code, for the purpose of preventing the recurrence of de- structive floods. In addition to the powers vested in mu- nicipal corporations by section 3677, General Code, such municipal corporations shall have special power to appro- priate, enter upon and hold real estate within and without their corporate limits in furtherance of the above mentioned purpose. Provided, however, that proceedings for the per- manent deepening, widening or straightening of a river, creek or run shall be subject to the approval of the electors or to a referendum as provided by general law. (103 v. 146.) Sec. 10. [Additional engineers.] For the purpose of providing for the additional work imposed upon the engineer- ing departments of counties and municipalities by reason of the flood mentioned in section one of this act, the county com- missioners of any county and the council of any municipal corporation are hereby empowered to authorize the employ- ment of additional assistant or assistants to the county sur- “veyor or city or village engineer, and to appropriate any money borrowed under the provisions of this act, or otherwise Rahs ot hd Wi 4, ‘ah bt Pe ae ye Oa mee ae ek ii Fioop Emercency Act or 1913 345 available, for the salary or compensation of such assistant or assistants. (103 v. 147.) Sec. 11. [Prior bonds not counted in ascertaining limi- tations.] Bonds, the issuance of which has been pro- vided for, prior to the passage of this act, for the pur- pose of permanently repairing, reconstructing or replacing public property damaged or destroyed by the floods men- tioned in section one of this act shall not be counted in ascertaining any of the limitations of sections 3939 to 3954-1, inclusive, of the General Code. Interest and sinking fund levies to provide for the retirement of such bonds shall not be subject to any of the provisions or limitations of sections 5649-2 to 5649-5b, inclusive, of the General Code. (103 v. 147.) CHAPTER XVIII MISCELLANEOUS SECTIONS RELATING TO ROADS Sec, 23, [Street, etc., over lands of public institution.] _ A street, alley or road shall not be laid out or established through or over the lands belonging to a public institution of the state without the special permission of the general as- sembly. (R. S. Sec. 625.) Sec. 614-2. * * * Any person, or persons, firm or firms, co- partnership or voluntary association, joint stock association, company or corporation, wherever organized or incorporated ; * * * when engaged in the business of carrying and trans- porting persons, in motor vehicles of any kind whatsoever, for hire, from one village or city to any other village or city in this state, or to or from any city or village in this state to or from a point outside the state, is a transportation com- pany and as such is declared to be a common carrier. pee (109 v. 301.) ; Sec. 971. [Going under road or highways; bond.] Any person, firm or corporation now or hereafter owning any land containing mineral, coal, stone or clay, and over any portion of which shall pass any state, county or town- ship road or public highway, shall have the right and are hereby authorized to drill, excavate, mine or quarry through or under any such road; provided, however, that when any excavation is to be made in such manner that the top or highest level of such excavation will be extended within thirty feet vertical distance of such road, then and in that case before said work shall be commenced, such person, firm or corporation shall execute and deliver to the board of county commissioners in case of state or county roads, or to the township trustee in case of township roads, a bond, with _ (346) a: MISCELLANEOUS SECTIONS RELATING TO ROADS 347 good and sufficient surety in such amount as shall be con- sidered by said commissioners or trustees sufficient to cover any damages that may accrue by reason of excavating, min- ing or quarrying through or under any such road, the same to be approved by said commissioners or trustees; condi- tioned that while crossing over or mining or quarrying under any such road, a safe and unobstructed passageway or road shall be kept open by such person, firm or corporation for public use, and as soon as practicable such road shall be fully restored to its original safe and passable condition. When such crossing is made by excavation at a depth of more than thirty feet below the surface of such road, the person, firm or corporation making same shall be liable to the county commissioners or township trustees for any dam- age that may accrue by reason of such excavation, and shall be held to fully repair any such damage and to restore such road to its original safe and passable condition. The right to mine or quarry across or under public highways as hereinbefore provided shall accrue to the owner, lessee or agent of the land upon or through which such highway passes. (101 v. 52.) Sec. 1465-58a. [Bond regulations in relation to invest- ment of state insurance fund.] All bonds of any taxing district of Ohio purchased by the industrial commission shall be printed or lithographed upon paper of the size and the interest coupons shall be attached thereto in the manner required by the industrial commission. The principal and interest of such bonds shall be payable at the office of the treasurer of the state of Ohio. Such bonds shall be of the denomination required by the industrial commission in its resolution to purchase, and the proper officers of each taxing district issuing such bonds are hereby authorized and required without additional procedure or legislation on their part to comply with the provisions of this act. Provided, however, that the industrial commission shall not be authorized to change the date of maturity of any bond nor shall it require 348 MISCELLANEOUS SECTIONS RELATING TO ROADS a bond of any issue to be of larger denomination than the aggregate amount of such issue falling aie at any date. (108 ve Pt fe2Te) Sec. 2100. [Lancaster school made special road dis- trict.] The boys’ industrial school, with the lands thereto attached, shall be a special road district, and the superintendent is vested with all the powers of a road superintendent therein. He may alter the public roads on such lands in any manner found to be necessary for the general plan and outline thereof. No alteration shall be made by which existing roads will be greatly lengthened, their grade materially increased, or their general use to the public materially impaired. Before being made, such alter- ations must be approved by the commissioners of the county of Fairfield. (R. S. Sec. 764.) Sec. 2488. [Tax on infirmary farms for turn-pikes.] The commissioners of any county having an infirmary farm within the limits for taxation of any free turn-pike road, may levy a tax on the taxable property of the county, in addition to other taxes, for the purpose of paying the pro- portion of taxes which would be levied on such farm, if subject to such taxation, and apply the money arising there- from to aid in the construction of such road. (R. S. See. 916.) Sec. 5649. [Payment of road tax to county treasurer.] Any person. charged with a road tax shall pay it in money to the county treasurer in like manner as other taxes are ccllected and paid. Road taxes paid to or collected by the county treasurer shall be paid over to the treasurer of the township or municipal corporation from which they were collected, and be expended on the public roads and in build- ing and repairing bridges in the township and municipal corporation from which they were collected under the direc- tion of the trustees of the proper township or council of such municipal corporation. All funds heretofore levied for road purposes and not expended, shall be expended by z J MISCELLANEOUS SECTIONS RELATING TO ROADS 349 the trustees of the township or council of the municipal corporation from which the funds were collected as other taxes are collected under the provisions of this title. (R. S. Sec. 2830; 101 v. 118; 103 v. 489.) Sec. 6888. [Amended report.] The amended report when finished, shall be re-delivered to the county auditor to be dealt with as in the case of an original report. (R. S._ Sec. 4651a.) ; This section has not been repealed but the sections relating to ‘it were repealed by the Cass Road Act. Section 35 of the Cass Act was given section number 6888 by the attorney general’s department. Turnpikes and Plank Roads and Toll Bridges Sec. 3716 to 3722. When turnpike or plank road becomes street. Sec. 7405-1 to 7405-4. Purchase of toll roads by county commissioners. Sec. 9229 to 9304. Sections relating to turnpike and plank road companies. Sec. 9305 to 9319. Sections relating to toll bridge com- panies. Sec. 5813. [Duty of road superintendents.] Road super- intendents upon view or information, shall cause swine running at large upon roads within their respective districts to be impounded and further proceedings had as provided in this chapter, and if such superintendent fails or refuses to perform the duty, he shall forfeit not less than two dol- lars nor more than five dollars for each offense. The trus- tees of the township shall retain the costs or fines that may be due and unpaid from the superintendent for services ren- dered in his official capacity. (R. S. Sec. 4203.) Sec. 5817. Animal running at large may be treated as estray. Sec. 5820. Fees for taking up animals. Sec. 12938. Duty of road superintendent in regard to ani- mals at large. 350 MISCELLANEOUS SECTIONS RELATING TO ROADS Sec. 2977. [Fees, etc., for use of county.] All the fees, costs, percentages, penalties, allowances and other perquisites collected or received by law as compensation for services by a county auditor, county treasurer, probate judge,. sheriff, clerk of courts, surveyor or recorder, shall be so received’ and collected for the sole use of the treasury of the county in which they are elected and shall be held as public moneys belonging to such county and accounted for and paid over as such as hereinafter provided. (98 v. 89; 108 v. Pt. II, 1216.) L Under sections 2977°G. C. et seq. as amended 108 O. L. (part TI) 1203, 1216, the compensation of assistants and deputies of county sur- veyor for services in preparing preliminary plans and surveys, for pro- posed state highway improvement (section 1219 G. C.) is to be paid from county surveyor’s salary fund. To the extent, that the county may be entitled to reimbursement, moneys collected in reimbursement are to be credited.to the general county fund. In the matter of compensation of said assistants and deputies for services in superintendence and_ in- spection during progress of work, reference is made to opinion dated April 20, 1918, Opinions of Attorney General, 1918, vol. I, p. 584. Opinions of Attorney General, 1920, v. II, -p.. Ms Sec. 6905-6. [Street railroad provision.] Any street railroad company operating its line of street railroad in the street so improved shall be assessed for and shall pay for such part of said additional improvement as it ‘is re- quired to do by law, or by the terms of its franchise. (101 v. 334.) Sec. 6956-16. [Powers of commissioners and trustees. | Whenever the county commissioners or the township. trus- tees shall, under any of the provisions of this chapter, be authorized to levy on the general duplicate of the county or of any township therein, any portion of the cost and expense of the construction or improvement of any public road, and such levy shall in pursuance of such authority be made upon property already assessed, for the payment of the total cost and expenses of the construction of a public road under any provision of this title, and such assessments or any portion thereof remain unpaid at the time of the MISCELLANEOUS SECTIONS RELATING TO ROADS 351 making of such general levy, the county commissioners, in case such levy is upon the grand duplicate of the entire county, or the township trustees of the proper township, in case such levy is upon the grand duplicate of one or more townships in such county, may assume and pay out of any funds under their control, and not otherwise appropriated, such portion of such outstanding assessments as is repre- sented by the portion of the amount of the total cost and expenses of such subsequent improvement as shall be levied upon the grand duplicate of the county against the taxable property thereof, or of such township or townships therein. (102 v. 506.) Sec. 7129-1. Where a road district organized under the provisions of this chapter is dissolved by the provisions of section 7095, the roads built by the district roads commis- sioners before said dissolution shall be kept in repair by the county commissioners, who shall, for this purpose, levy annually an amount not exceeding one-fourth of one mill upon each dollar’s valuation of all the taxable property in said former road district. (106 v. 201.) Sec. 7095 was repealed by the Cass Highway act. Sec. 7146. [Destruction of brush, briars, weeds, etc., on highways.] Township trustees or street commissioners having control of and being charged with the duty of re- pairing macadamized, graveled or improved roads and turn- pikes, and road superintendents of county and township roads and the street commissioners of each city or village, between the first and twentieth days of June, and between the first and twentieth days of August, and, if necessary, between the first and twentieth days of September of each year, shall destroy or cause it to be done, all brush, briars, burrs, vines, Russian and Canadian or common thistles, or other noxious weeds, growing or being within the limits of a county or township road, turnpike, improved, graveled or macadamized oe MISCELLANEOUS SECTIONS RELATING TO ROADS road, street, or alley within their jurisdiction. (108 v. Pt. I, 232.) Sec. 7149. [Destruction of noxious weeds along toll, steam and electric roads; penalty.] The superintendent, or manager of a toll, steam or electric road-shall destroy, or cause it to be done, all brush, briers, burrs, vines, Russian, Canadian or common thistle, wild lettuce, wild mustard, wild parsnip, ragweed, milkweed, ironweed, and all other noxious weeds growing or being cut within the limits of such road, or within the limits of any right of way belonging to the company owning such road, whether or not such road is in actuial operation on such right of way or not, between such days as are specified in section 7146. In default thereof, and for five days thereafter, the trustees of a township through which such road passes, shall cause it to be done, and shall have a right of action against such toll, steam or electric road company for the amount of such work, with one hun- dred per cent. penalty, and costs of action, to be recovered before any justice of the peace of such county. (R. S. Sec. 4730; 102 v. 55.) For an act requiring the cutting of briers, thistles, etc., along parti- tion fences, 82 v. 181: G. C. § 52. Sec. 7177. [If a road is a boundary line.] If a road is established as a part of the line or boundary of a town- = ship or municipal corporation, the trustees of such adjoining townships and council of such corporation, shall meet at a convenient place as soon after the first Monday of March as convenient, and apportion such road between the townships, or township and corporation, as justice and equity requires. The trustees of the respective townships, and council of the corporation, shall cause the road to be opened and improved accordingly, and shall thereafter cause their respective por- tions to be worked and kept in proper repair. (R. S. Sec. 4747.) Wer | Ac et a MISCELLANEOUS SECTIONS RELATING TO ROADS 353 Where the center line of a section of township road constitutes the dividing line between a village and the township within which such village is situate, the village may improve the half of such section of road lying within its limits, and the township may improve the re- maining half. Apportionment should first be made under section WING. Ce Opinions of Attorney General, 1920, v. II, p. 986. Sec. 7472. [Obstructing roads by railroad agents.] t ‘ : —- “ae Motor VEHICLES 461 hundred feet in the direction in which said vehicle is pro- ceeding; such light shall be sufficient to reveal any person, vehicle or substantial object on the road straight ahead for a distance of not less than one hundred feet, and shall comply in all other respects with the requirements of this section. No headlights shall be used on any motor vehicle upon the highways except after the installation of a device to prevent glare, which device has been certified and approved by the state highway commissioner, in accordance with the provisions of section 6310-2 of the General Code, which device shall be applied and adjusted in accordance with the requirements of a certificate of approval to be issued by said state highway commissioner. No such certificate of approval of any device shall be issued by said state highway commissioner unless such device, by actual test, conducted under his direction, com- plies with the following requirements for light: Whenever there is not sufficient light within the limits of the traveled portion of the highway to make all vehicles, persons, or substantial objects clearly visible within a distance of at least two hundred feet, the forward lights which a motor vehicle, except commercial vehicles, as hereinafter provided, is required to display, shall, when the motor vehicle is in mo- tion, throw sufficient light ahead to show any person, vehicle, or substantial object upon the roadway straight ahead of the motor vehicle for a distance of at least two hundred feet. Any light thrown directly ahead or sideways shall be so arranged that no dazzling rays or beams of reflected light from it or from any reflector shall at any time be more than three and one-half feet above the ground on a level road a distance of seventy-five feet ahead of such vehicle, and such light shall be sufficient to enable the operator of the motor vehicle to see any person, vehicle, or substantial object upon the roadway or at the side of the road within ten feet of each side of the motor vehicle. No lamp or light prescribed in this section shall be more than thirty-two candle power. 462 Motor VEHICLE* No spot light shall be used when another approaching ve- hicle is in sight, except when projecting its rays directly on the ground at a distance not exceeding fifty feet in front of the vehicles using such spot light to the right of the center of the highway. (109 v. 219.) Sec. 6310-2. [Approval of devices by highway commis- sioner.] The state highway commissioner may, after proper laboratory tests, approve certain devices for control- ling the front lights on motor vehicles so that they shall comply with the provisions of this act, upon the payment of such fee as he may deem necessary to cover actual cost of such tests, not to exceed the sum of fifty dollars, and may issue a certificate to the applicant securing the device, certi- fying that such tests have been made and that the device, when properly applied, complies with the requirements of this act. (109 v. 220.) Sec. 6310-3. [Motor vehicle defined; other definitions. ] That the term “motor vehicle” as used in this act shall include only such newly manufactured vehicles as come within the definition of amended section 6290 of the General Code of Ohio sold or distributed by the manufacturer or dealer or other person after the passage of this act, and does not include “used motor vehicles.” The term “used motor vehicle”, for the purposes of this act, is defined to mean a motor vehicle which has been sold, bargained, exchanged, given away by, or title transferred from, the person who first took title to it from the manufacturer or importer, or the agent of the manufacturer or importer, and is to include all motor vehicles which have been in use in such manner previous to the passage of this act, as to have become what are now or may hereafter be commonly known among manufacturers or dealers as “second-hand” motor vehicles. The term “person” as used in this’act, shall include the sin- gular and plural numbers, and shall embrace all individuals of either sex, whether acting on their own behalf or as members, aE Motor VEHICLES 463 officers, employes, agents, or other representatives of any other individual or of any firm, co-partnership, corporation, association, or artificial body, of any kind or character what- soever. The term “manufacturer’s number” shall mean the manu- facturer’s original number affixed to or imprinted upon the chassis or other parts of the motor vehicle frame or engine of any motor vehicle. The term “bill of sale’ as used in this act shall mean the bill of sale or paper of conveyance issued by the corporation, partnership, association, or person, selling, giving away, trans- ferring, conveying or passing title to a motor vehicle or “used motor vehicle.” (109 vy. 330.) Under the provisions of Amended Senate Bill No. 3 it is necessary for a sheriff or constable. selling an automobile under court order to give a bill of sale. Attorney General, Opinion No. 2498, Oct. 24, 1921. Sec. 6310-4. [Unlawful disposition of motor vehicle.] It shall be unlawful to sell, convey, give away, transfer, ex- change, receive, purchase or obtain any “motor vehicle’ or “used motor vehicle” within this state, except in the manner and subject to the conditions hereinafter provided. (109 v. 331.) Sec. 6310-5. [Bill of sale in duplicate required.] It shall be unlawful for a corporation, partnership, association, or per- son, the manufacturer of motor vehicles or the importer of motor vehicles, to sell, convey, lease, give away, transfer or exchange a motor vehicle, directly or through an agent or agency of such manufacturer or importer, or other persons, unless such manufacturer, corporation, partnership, association, person or importer or the agent of either, shall, at or before such sale, conveyance, transfer, lease, gift, exchange or passage of title, execute, in the presence of two witnesses, a bill of sale in duplicate, and deliver both copies to the purchaser, buyer, transferee, or person receiving such motor vehicle. Such 464 Movor VEHICLES bill of sale shall contain the name of the manufacturer or maker, the manufacturer's number, the engine or motor num- ber, as well as any other numbers thereon, and the horse- power of such motor vehicle with a general description of the body thereto, the name and residence address of the purchaser, buyer, lessee, transferee, or person receiving such motor ve- hicle, together with a full account of any other number or marks on appliances attached thereto, which may identify or tend to identify such motor vehicle. If such motor vehicle was imported, the bill of sale, in addition to the above require- ments, shall contain the name of the importer and the name of the city and country where such manufacturer is situate, the name of the port of exportation and the name of the port of importation, the name of the manufacturer or maker, man- ufacturer’s number, the engine or motor number and the horse-power of stich motor vehicle, the name and address of the original purchaser, buyer, transferee, cr person receiving such motor vehicle from the manufacturer, together with a full account of any other number or marks thereon, which may identify or tend to identify such motor vehicle. (109 v. 331.) Sec. 6310-6. [Purchaser shall obtain bill of sale in duplicate.] Each buyer, purchaser, transferee or person receiving or obtaining a “motor vehicle” shall obtain from the manufacturer, or such manufacturer’s agent, or the im- porter of such “motor vehicle”, at or before such sale, convey- ance or delivery, the bill of sale and duplicate as provided for in section 3 of this act, and verified as provided in section 7 of this act. (109 v. 331.) Sec. 6310-7. [Bill of sale in disposition of “used motor vehicle.”] | Each corporation, partnership, association or person, in all sales, conveyances, transfers, gifts, exchanges of, or transactions in which title to a “used motor vehicle” passes, shall execute in the presence of two witnesses a bill of sale, in duplicate, and deliver the same to the corporation, part- nership, association or person purchasing, receiving or obtain- Bes 9 pat? eR ee Mey eee rt eee bay als Art ec ee ee a OS TS "] ~~ rT Motor VEHICLES 465 ing such “used motor vehicle”, at or before such sale, con- veyance, transfer, gift, exchange or passage of title; such bill of sale shall contain the name or names and residence or residences of each and every bona fide owner or owners of such used motor vehicle, beginning with the original or first purchaser of such used motor vehicle from the manufacturer or importer, or the direct agent or agents of either, and a record of each subsequent transaction, involving such used motor vehicle, down to the last owner, owners, or tranferee from whom the corporation, partnership, association or per- son selling, conveying, giving away or transferring derived title thereto; the residence or residences, so stated, shall be by city, village, township, county and state, together with the street and number or postoffice address, if any, of such for- mer owner or owners, or, if there be no such address, then by such description, designation, or information as may rea- sonably fix the place or places, residence or residences, of such former owner or owners, or the place where he may be found with his occupation and place of business or employ- ment, if employed by any other person or persons, and the name of such employer, and shall contain also the date and place where the ownership of the said motor vehicle by the cor- poration, partnership, association or person selling, convey- ing, giving away or transferring the same began, and whether he, acquired title thereto by purchase from such last owner or owners, or in what manner such title was acquired, and a statement of any and all changes and alterations in the finish, design or appearance of the said used motor vehicle which had been made within the knowledge of the person making the statement. (109 v. 331.) Sec. 6310-8. [Purchaser shall obtain bill of sale in duplicate.) Each buyer, purchaser, transferee or person receiving or obtaining a “used motor vehicle” shall obtain from the owner, vendor, or person conveying or transferring such “used motor vehicle’, at or before such sale, transfer, 466 Motor - VEHICLES conveyance or delivery, the bill of sale in duplicate, as pro- vided for in section 5 of this act and verified as provided fod for in section 7 of this act. (109 v. 332.) Sec. 6310-9. [Verification of bill of sale before delivery.] Each bill of sale shall be duly verified by the seller or other person as defined in section 1 of this act, before a notary public, or other person authorized by law to administer oaths, before the delivery of either, to the corporation, partnership, association or person buying, receiving or obtaining title to such motor vehicle or “used motor vehicle’, by the oath or affirmation of the manufacturer, importer, corporation, part- nership, association or person selling, transferring, conveying, giving away or passing title, or by the duly authorized agent of such manufacturer, importer, corporation, partnership, asso- ciation or person. Any bill of sale not verified before delivery as hereinbefore provided shall be null and void and of no effect in law. (109 v. 332.) Sec. 6310-10. [One copy of bill of sale filed with clerk of courts; seal and date of filing shall be affixed; fee.] Each corporation, partnership, association or person to whom title has in any manner been passed to a motor vehicle or a “used motor vehicle” shall file one of the copies of the dupli- cate bill of sale with the clerk of courts of the county in which the sale, transfer, conveyance, gift or passage of title is consummated within three days immediately thereafter. It shall be the duty of the clerk of courts to refuse to accept for filing the duplicate bill of sale if such instrument is not ex- ecuted and witnessed according to the provisions of this act. The clerk of courts shall, at the time of the filing of such duplicate bill of sale, or assignment thereof, affix his official seal and the date of the filing upon each instrument, and make an alphabetical index of the grantors and grantees thereof. Any instrument purporting to be a bill of sale, which does not bear the official seal of the clerk of courts of the county where the sale, gift, transfer, conveyance or passage of title took place shall be null and void. The clerk of courts of each 5 hs Se ate NaN acid 1 Pa) eau Ve: ¢ _ Motor VEHICLES } 467 county shall charge a fee of twenty-five cents for filing each duplicate bill of sale and the same fee shall be charged for the filing and indexing of each assignment of any such bill of sale. (108 v. 333.) Sec. 6310-11. [Assignment of bill of sale; assignments attached to original bill.] In all sales, conveyances, transfers, gifts, exchanges or transactions in which the title to a “used motor vehicle” passes, the original “bill of sale” executed by the manufacturer or importer, or the agent or agents of either, shall be assigned by the seller, conveyor, transferrer or person giving away or passing title to such “used motor vehicle”, to the purchaser, transferee, recipient or person obtaining title thereto; such assignment must be in writing, and witnessed by two persons and acknowledged by the seller, conveyor, transferrer, person giving or passing title te such “used motor vehicle’, before a notary public or other person authorized by law to take acknowledgments of con- veyances. All such assignments shall at all times be kept and attached to the original bill of sale, provided, that in the event the said “used: motor vehicle” was purchased from the man- ufacturer, importer or the agent or agents of either, prior to this act becoming effective, then a bill of sale, in duplicate, as required by sections 5 and 8 of this act, shall be executed and delivered by the seller, conveyor, transferrer, person giving or passing title to such used motor vehicle. (109 vy. 333. ) Sec. 6310-12. [Misrepresentation in bill of sale or assignment.] It shall be unlawful for any corporation, partnership, association or person, whether the manufacturer, importer, or agent of either, or the owner, holder, or person in possession of a motor vehicle or “used motor vehicle”, con- veying, transferring, delivering, giving away, selling, passing title to or attémpting to pass title to. such motor vehicle or “ased motor vehicle”, to misrepresent, in the “bill of sale” or “assignment” as required by this act, the name or names, and place or places of residence or business of the corporation, Partnership, association or person executing and delivering 468 Motor VEHICLES such “bill of sale” or “assignment” or to forge, change or counterfeit any part thereof or to misrepresent therein the number or numbers placed upon such motor vehicle or “used motor vehicle” by the manufacturer or otherwise misrepresent the description of the same, or to misrepresent or falsify the name or address of the corporation, partnership, association or person, purchasing, obtaining, or receiving such motor vehicle or “used motor vehicle.” (109 v. 333.) Sec. 6310-13. [Operation without having bill of sale.] No person residing in this state shall drive, use or operate, a motor vehicle or “used motor vehicle” upon the public high- ways thereof, without having a “bill of sale” for the motor vehicle as defined in this act, or without having first filed, with the clerk of courts, of the county in which his residence is established, a sworn statement containing the name, resi- dence of each and every bona fide owner or owners of the “used motor vehicle”, the name of the manufacturer or make, the manufacturer’s number, the engine or motor number, as well as any other numbers thereon, the horse power of such “sed motor vehicle’, and a general description of the body thereof, and obtain from said clerk, a certified copy of such statement. (109 v. 334.) Sec. 6310-14. [Penalties for violation of law.] Who- ever violates any of the provisions of sections 3, 4, 5 or 6 of this act, shall upon conviction, be subject to a fine of not less than twenty-five dollars nor more than one thousand dollars ; for a violation of section 7 of this act, the person or persons so convicted shall be fined not less than twenty-five dollars nor more than one thousand dollars; for violation of section 8 of this act, the person or persons so convicted shall be fined not less than twenty-five dollars nor more than five hundred dollars, or imprisoned for not less than one month, nor more than one year, or both; for a violation of section 9 of this act, the person or persons so convicted shall be subject to a fine of not less than twenty-five dollars and not more than one hundred dollars, or imprisoned not less than one month, Gi ie lh acct alee aka CME aOR ote Moror- VEHICLES 469 nor more than one year, or both; for a violation of section 10 of this act, the person or persons ‘so convicted shall be sub- ject to a fine of not less than one hundred dollars, and not more than one thousand dollars, or to imprisonment in the Ohio penitentiary for not more than five years, or both; for a violation of section 11 of this act, the person or persons so’ convicted shall be subject to a fine of not less than twenty-five dollars and not more than three hundred dollars for each and every violation. (109 v. 334.) Sec. 12448. [Penalty for stealing horse or motor vehicle.]_ Whoever steals a horse, mare, gelding, foal, filly, ass, mule, automobile, motorcycle or other motor vehicle of any value, or receives, buys or conceals a horse, mare, gelding, foal, filly, ass, mule, automobile, motorcycle or other motor vehicle that has been stolen, knowing it to have been stolen, with intent to defraud, or knowingly conceals a peg son who has stolen such animal or vehicle shall be imprisoned in the penitentiary not less than one year nor more than fifteen years. (107 v. 558.) Sec. 12603. [Operation of motor vehicle at unreason- able speed prohibited.] Whoever operates a motor ve- hicle or motorcycle on the public roads or highways at a speed greater than is reasonable or proper, having regard for width, traffic, use and the general and usual rules of such road or highway, or so as to endanger the property, life or limb of any person, shall be fined not more than twenty-five dollars, and for a second offense shall be fined not less than twenty-five dollars, nor more than one hundred dollars. A rate of speed greater than fifteen miles an hour in the business and closely built up portions of a municipality or more than twenty miles an hour in other portions thereof, or more than thirty miles an hour outside of a municipality, shall be presumptive evidence of a rate of speed greater than is reasonable or proper. (103 v. 161; 108 vy. Pt. I, 471.) Sec, 12604. Re. (108 v. Pt. I, 472.) ; 470 Motor’ VEHICLES Sec. 12605. [Failure to stop motor vehicle when sig- nalled.] Whoever, operating a motor vehicle, fails to stow down and stop it when signalled so to do upon meeting or overtaking a horse-drawn vehicle or person on horseback and to remain stationery until such vehicle or person has passed, provided such signal to stop is given in good faith, under circumstances of necessity, and only as often and for such length of time as required for such vehicles or person to pass, whether approaching from the front or rear, shall be fined not more than twenty-five dollars, and for a second offense shall be fined not less than twenty-five dollars nor more than fifty dollars. (99 v. 541, 543, Secs. 16, 25.) Sec. 12606. [Failure to stop motor vehicle in case of accident.] Whoever, operating a motor vehicle on a public road or highway, in case of an accident to a person or property thereon due to the operation of such motor vehicle, fails to stop upon the request of the person injured or a person present, give his name and address, and, if not the owner thereof, the name and address of such owner, shall be fined not more than twenty-five dollars, and for ‘a second offense shall be fined not less than twenty-five dollars nor mote than fifty dollars. (99 v. 541, 548, Secs. 16, 25.) Sec. 12607. [Third or subsequent offense.] For a third or subsequent offense, a person convicted of a violation of any provision of the next four preceding sections, shall be fined not less than fifty dollars nor more than one hundred dollars or imprisoned not more than thirty days, but if such subsequent offense occurred within one year after any former offense, he shall be imprisoned not less than ten days nor more than thirty days. (99 v. 543, Sec. 25.) Sec. 12607-1. [Penalty, revocation of certificate, etc.] Whenever a person is found guilty under the laws of this state, of operating a motorcycle or motor vehicle contrary to the speed laws, or of failing to stop the motorcycle or motor vehicle in case of accident to persons or property due to the operation of such motorcycle or motor vehicle, and to Motor VEHICLES 471 give the information required by law, or of operating a motorcycle or motor vehicle while intoxicated, the trial court may, in addition to or independent of all other pen- alties provided by law, prohibit such person from operating or driving a motorcycle or motor vehicle for a period not exceeding six months or if such person be the owner of a motorcycle or motor vehicle the court may suspend the certificate of registration of the owner of the motorcycle or motor vehicle for such period as. it may determine, not exceeding, however, the period for which such motorcycle or motor vehicle is registered. Upon finding a person guilty a second time of any of the offenses above referred to the court may, under the same conditions and terms as. above set forth, prohibit such person from operating or driving a motorcycle or motor vehicle for a period not exceeding two years or if such person be the owner of a motorcycle or motor vehicle the court may revoke the certificate of registra- tion of the owner of such motorcycle or motor vehicle, and after such revocation the owner shall not be entitled to register a motorcycle or motor vehicle for a period of not to exceed two years, as may be fixed by the trial court. After a certificate of registration has been suspended unless notice of appeal be given, the trial court shall cause the offenders to deliver to the court the registration number plates, and the court or the clerk thereof shall retain pos- session of such registration number plates during the period of suspension, and shall immediately notify the secretary of state of the action of the court, and the secretary of State shall not issue another registration number to the offender during the period of suspension. If a certificate of registration be revoked unless notice of appeal be given, the court shall direct the offender to deliver the registration number plates into the possession of the court or the clerk thereof, and the same shall forthwith be forwarded, together with a notice of such revocation, to the secretary of state, who shall forthwith cancel the registration of such motor- 472 Moror VEHICLES cycle or motor vehicle and shall not issue another cer- tificate of registration to the offender during the period of revocation. Any owner who makes application to have a motorcycle or motor vehicle registered during the period of time for which certificate of registration has been suspended or revoked, shall be fined not more than one hundred dollars or imprisoned not more than six months, or both. Who- ever operates any motorcycle or motor vehicle whatever at any time during the period in which certificate* of registra- tion is suspended or revoked as the result of his or her offense, or during a period for which the person has been prohibited from operating a motorcycle or motor vehicle under the provisions of this act, shall be fined not more than fifty dollars or imprisoned in the county jail or workhouse not more than ninety days or both. (107 v. 644.) Sec. 12607-2. [Appeal when certificate revoked, bond.] Any person whose certificate of registration has been sus- pended or revoked under the provisions of this act, or who has been prohibited, under the provisions of this act, from ‘operating a motorcycle or motor vehicle, shall have the right of appeal to the probate court of the county in which the trial was had, upon giving bond to the satisfaction of the trial. court in a sum not exceeding five hundred dollars, Said bond shall be given within three days after the rendi- tion of the judgment by the trial court, conditioned that the appellant will prosecute the appeal without delay, and if judgment be rendered against him, will pay all costs and fines assessed against him and comply with the order ‘of the court appealed to. The trial court, or clerk thereof, shall furnish forthwith to the party desiring to appeal, or his attorney, on demand made within three days from the rendi- tion of the judgment by the trial court and tender of the fees for the same, a certified transcript of the proceedings in said trial court, and the party desiring to appeal shall file such transcript in the probate court of the county in which the trial was had on or before the fifth day after ‘ : halted ty Motor VEHICLES 473) the rendition of judgment by the trial court. If such bond be not given or transcript filed within the times herein: prescribed the judgment of the trial court shall be in full’ effect and shall be forthwith enforced by it. Upon the filing of said transcript in the probate court that court shall’ cause the case to be docketed and such case shall thereupon stand as assigned for trial forthwith, and said court shall’ proceed to try the same at the earliest possible date. At the: time of taking said bond and furnishing said transcript the trial court, or the clerk thereof, shall forthwith forward all original papers in the case to such probate court. There: shall be no other or further pleadings, affidavits, or notice: required in the probate court and that court shall try the case in the same manner as is provided by law, for the trial’ of such cases in the court from which the appeal was taken. The prosecuting attorney of the county, or his as- sistant, shall prosecute all cases so appealed to the probate: court. If the probate court affirms or modifies the finding of the trial court it shall proceed to carry its judgment into: effect and take all action in connection therewith as is re- quired of the trial court. (107 v. 645.) Sec. 12608. [Municipality may not restrict provisions of law.] The provisions of section twelve thousand six hundred and three shall not be diminished, restricted or pro- hibited by an ordinance, rule or regulation of a municipality or other pubuic authority. (99 v. 541; 108 v. Pt. T. 471.) Sec. 12609. [Violation of first four sections by chauf- feurs.] Whoever, being a registered chauffeur, violates any provision of sections twelve thousand six hundred and’ three to twelve thousand six hundred and six. both inclusive, in addition to the punishment therein provided, shall be sus- pended from the right of operating a motor vehicle as a reg- istered chauffeur for thirty days for a second offense, and for a third offense, shall be so suspended for not less than one year and his registration as a chauffeur shall be null and’ void. (99 v. 544, Sec. 29.) 474 Moror VEHICLES Sec. 12610. [Chauffeur failing to wear official badge.] Whoever, being a registered chauffeur, fails to wear the badge issued to him according to law by, the secretary of state, fastened upon his clothing in a conspicuous place while operating a motor vehicle upon the public roads or ~ highways, shall be fined not more than fifty dollars or sus- pended from the right to operate a motor vehicle as a regis-_ tered chauffeur for a period of six months, or both. (99 vy. — 542, 548, Secs. 19, 28.) Sec. 12611. [Chauffeur permitting another to wear his — badge.] Whoever, being a registered chauffeur, volun- tarily permits another person to wear his badge, shall be fined not more than fifty dollars or suspended from the right to operate a motor vehicle as a chauffeur for a period of six months or both. (99 v. 542, 543, Secs. 20, 28.) Sec. 12612. [Subsequent offense.] For a second or subsequent offense, a chauffeur convicted of a violation of — any provision of the next two preceding sections, shall be — fined not less than fifty dollars nor more than one hundred dollars and be so suspended for one year or for such fur- ther time as shall be fixed by the trial court. (99 v. 543, Sec. 28.) Sec. 12613. [Penalty for violations by owner, manu- facturer or dealer.]. Whoever, being the owner of a motor vehicle, the manufacturer thereof, or dealer therein fails to have the distinctive number and registration mark, furnished by the secretary of state for such motor ve- hicle, displayed on the front and rear thereof, as an iden- tification mark, securely fastened so as not to swing, shall — be fined not more than fifty dollars. (99 v. 540, 543, Secs. 9, 24: 104°v. 249.) Sec, 12613-1. [Penalty for sale, etc., of motor vehicle from which number has been removed.] Whoever know- a ingly, buys, sells, receives, disposes of, conceals or has in his possession any motor vehicle, as defined in section 6290 of the General Code, from which the manufacturer’s serial 3 Motor VEHICLES 475 number or any other distinguishing number or identification mark has been removed, defaced, covered, or destroyed, for the purpose of concealing or destroying the identity of said motor vehicle, shall be fined not more than two hundred dollars or imprisoned not more than six months or both. (106 v. 191.) Sec. 12614. [Brakes and signal device.] Whoever Operates or drives a motor vehicle upon the public roads and highways without providing it with sufficient brakes to con- trol it at all times and a suitable and adequate bell or other device for signalling shall be fined not more than twenty-five dollars. (99 v. 540; 103 v. 766; 109 v. 220.) Sec. 12614-1. [Penalty for violation of law.] Any per- son violating the provisions of sections 6310-1 or 6310-2 of the General Code, upon conviction thereof, shall be fined not more than twenty-five dollars for the first offense, and not less than fifty dollars nor more than one hundred dollars for the second offense. (107 v. 540; 109 v. 220.) The penalty provisions of the act in question go to the point of the use of a motor vehicle upon the public highways without an ap- proved device; and that there is no provision requiring a manu- facturer of motor vehicles to equip his product with an approved device, nor prohibiting the sale of a vehicle not so equipped. Attorney General, Opinion No, 2405, Sept. 9, 1921. Sec, 12614-2. Repealed. (109 v. 220.) Sec. 12614-3. [Vehicles to carry lights after dark.] It shall be the duty of every person who operates, drives or has upon any public street, avenue, highway or bridge a vehicle on wheels, during the time from one hour after sunset to one hour before sunrise, to have attached thereto. a light or lights the rays of which shall be visible at least two hundred feet from the front and two hundred feet from the rear. Provided, however, that this section shall not apply to a vehicle designed to be propelled by hand or to a ve- hicle designed principally for the transportation of hay or straw while loaded with such commodities. A person vio- 476 Moror VEHICLES lating the provisions of this section shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed twenty-five dollars. (107 v. 58.) Sec. 12615. [Subsequent offense.] For a second of- fense, a person convicted of a violation of any provision of the next two preceding sections, shall be fined not less than twenty-five dollars nor more than fifty dollars, and for a subsequent offense, shall be fined not less than fifty dollars nor more than one hundred dollars or imprisoned not more than thirty days. (99 v. 543, Sec. 24.) Sec. 12616. [Wearing chauffeur’s badge of another or falsely pretending to be a chauffeur.] Whoever, while operating a motor vehicle upon the public roads or high-— ways, wears a chauffeur’s badge belonging to another per- son and fictitiously represents himself to be a registered chauffeur, shall be fined not more than fifty dollars or suspended from the right to operate a motor vehicle as a chauffeur for a period of six months, or both. (99 v. 542, 048, Secs. 20,. 28.) Sec. 12617. [Subsequent offense.] For a second or subsequent offense a person convicted of a violation of any provision of the next preceding section, shall be fined not less than fifty dollars nor more than one hundred dollars and shall be suspended from the right to operate a motor vehicle for one year or for such further time as shall be fixed by the trial court. (99 v. 543, Sec. 28.) Sec. 12618. [Fictitious tag or number of another; pen- alty.] Whoever operates or drives a motor vehicle upon — the highways of this state, displaying thereon a distinctive number or identification mark which is fictitious, or belongs to another motor vehicle or belongs to a motor vehicle the ownership of which has been transferred after initial regis- tration under such number or mark, shall be fined twenty-five dollars, and for a subsequent offense shall be fined not less © than fifty dollars nor more than three hundred dollars or v7 Motor VEHICLES 477 _ imprisoned for sixty days or both. (99 v. 543; 108 v. Pt. II, 1083.) Sec, 12618-1. [Operating with number of former owner; penalty.] Whoever operates or drives upon the high- ways of this state a motor vehicle acquired from a former owner who has registered the same, displaying thereon the _ distinctive number or identification mark assigned to such motor vehicle on such original registration, shall be fined twenty-five dollars and for a subsequent offense shall be fined not less than fifty dollars nor more than three hundred dollars or imprisoned for sixty days or both. (108 y. Pt. II, 1083.) Sec. 12618-2. [Operating with dealer number when ve- hicle not for sale; penalty.]_| Whoever operates or drives a motor vehicle upon the highways of this state displaying thereon a distinctive number or identification mark belonging to a manufacturer or dealer, when such motor vehicle is not held by such manufacturer or dealer exclusively for sale, lease or other like disposition shall be fined twenty-five dollars, and for a subsequent offense shall be fined not less than fifty dol- lars nor more than five hundred dollars or imprisoned for sixty days or both. (108 v. Pt. IT, 1084.) Sec. 12618-3. [Resident operating with number of an- other state issue; penalty.] Whoever, being the owner of a motor vehicle and a resident of this state, operates or drives such motor vehicle upon the highways of this state displaying thereon a distinctive number or identification mark issued by or under the authority of another state without com- plying with the laws of this state relating to the registration and identification of motor vehicles shall be fined twenty-five dollars and for a subsequent offense shall be fined not less than fifty dollars nor more than five hundred dollars or im- prisoned for sixty days or both. (108 v. Pt. II, 1084.) Sec. 12618-4. [False statement in application; penalty.] Whoever, being the owner of a motor vehicle or a manufac- turer of or dealer in motor vehicles, knowingly makes a false statement in an application for the registration of such vehicle 478 Movor VEHICLES or vehicles, shall be fined not less than twenty-five dollars and not more than two hundred dollars. (108 v. Pt. II, 1084.) Sec. 12619. [Penalty for operating motor vehicles with- out owner’s consent.] Whoever purposely takes, drives or operates or purposely causes to be taken, driven or operated upon the public road, highway or other public place, any motor vehicle without the consent of the owner thereof, shall, if the value of such motor vehicle is thirty- five dollars or more, be imprisoned in the penitentiary not less than one year nor more than five. years or in the workhouse or county jail not to exceed four months, or fined not less than one hundred dollars nor more than five hundred dollars, or both, or if the value is less than that sum, be fined not more than fifty dollars nor less than twenty-five dollars. (99 v. 548, 544, Secs. 22, 30; 103 v 524.) Sec. 12619-1. [Penalty for removing any part of motor — vehicle.] Whoever maliciously or with intent to steal or without authority from the owner, unlawfully removes from any motor vehicle any portion of the running or steering gear, pump or any tire, rim, cover, tube, clock, casing radiator, fire-extinguisher, tool, lamp, starter, bat- tery coil, spring, gas or oil tank, bell or any signal device, speedometer, license number, horn, box, basket, trunk, or carrier, shield, hood, oiler, gauge, grease-cup, chain, lock nut, bracket, valve, bolt, rod, cap, screws, wire, spark-plug, carburetor, magneto, pipe, fan, belt, cylinder, switch, brake, electric bulbs, or any device, emblem or monogram thereon, or any attachment, fastening or other appurtenance, or any other part or parts attached to said motor vehicle which are necessary in the use, control, repair or operation thereof, or whoever, knowingly buys, receives, or has in his possession any of such articles or any part thereof, so unlawfully re- moved as aforesaid, shall be imprisoned in the county jail or workhouse not more than six months nor less than three months, or fined not more than five hundred dollars nor less than one hundred dollars. 103 v. 525.) = Motor VEHICLES 479 Sec. 12619-2. [Penalty for starting or changing any device, etc., of motor vehicle.}] Whoever purposely and without authority from the owner, shall start or cause to be started, the motor of any motor vehicle or whoever purposely and maliciously shall shift or change the starting device or gears of a standing motor vehicle to a posi- tion other than that in which they were left by the owner or driver of said motor vehicle, or whoever, shall pur- posely cut, mark, scratch or damage the chassis, running gear, body sides, top, robe, covering or upholstering of a motor-vehicle, the property of another, or shall purposely destroy any part thereof with or by any liquid or other substance, or shall cut, mash, mark, or in any other way destroy or damage the cylinder, radiator, steering gear, fire- extinguisher, fan, belt, valve pipe, wire, cap, lamp, gas or oil tank, cup, signal device, clock, chain, tool, coil, spring, speedometer, starter, battery, spark-plug, brake, tool-box, oiler, pump, switch, nut, casing, tire, rim, tube, box, basket, trunk or carrier, rod, bolt, shield, fender, bracket, gauge, glass, _ hood, lock, cap screw, carburetor, magneto, license number, electric bulb or any device, emblem, monogram or other attach- ment, fastening or other appurtenance of a motor vehicle, without the permission of the owner thereof, or whoever purposely shall drain or start the drainage of any radiator or oil tank upon a motor vehicle, without permission of the owner thereof, or whoever purposely shall put any metallic or other substance or liquid, oin the radiator, carburetor, oil- tank, grease-cup, oilers, lamps, or machinery of a motor vehicle, with the intent to injure or damage the same or impede the working of the machinery, or whoever shall maliciously tighten or loosen any bracket, bolt, wire, screw or other fastening on a motor vehicle, or whoever shall pur- posely release the brake upon a standing motor vehicle with the intent to injure said machine, shall, upon conviction thereof, be imprisoned in the workhouse or county jail not 480 Motor VEHICLES more ‘than three months nor less than thirty days or fined not more than one hundred dollars nor less than fifty dollars. (103 +v. 525.) ‘Sec. 12620. [Failure to file application; penalty] Who- ever, being the owner or chauffeur of a motor vehicle oper- ated or driven upon the public roads or highways, fails to file or cause to be filed annually the application for registration required by law or to pay the tax therefor shall be fined not ‘more than twenty-five dollars. (100 v. 72; 108 v. Pt. II, 1084.) Sec. 12621. [Dealer or manufacturer, failure to file ap- ‘plication; penalty.]) Whoever, being a manufacturer or dealer in motor vehicles, fails to file or cause to be filed an ‘application for registration, as required by law, and to pay the tax therefor and to apply for and pay the legal fees for as many certified copies thereof, as the law requires, shall be fined not more than twenty-five dollars, (100 v. 73; 108 y. Pt. II, 1084.) Sec. 12622. [Operating vehicle of manufacturer or «dealer without placards.] Whoever operates or causes — to be operated upon a public road or highway a motor vehicle of a manufacturer or dealer unless it carries and ‘displays, as provided by law, two placards issued by the secretary of state, bearing the registration number of the make of such machine, shall be fined not more than twenty- five dollars. (99 v. 548, Sec. 24; 100 v. 73, Sec. 11.) Sec. 12623. [Subsequent offense.] For a second of- fense, a person convicted of a violation of any provision of the next three preceding sections shall be fined not less than twenty-five dollars nor more than fifty dollars, and for a subsequent offense, shall be fined not less than fifty dollars nor more than one hundred dollars or imprisoned not more than thirty days. (99 v. 5438, Sec. 24.) Sec, 12624. [Chauffeur operating motor vehicle with- -out lawful authority.] Whoever operates a motor ve- hicle as a chauffeur, without filing in the office of the secre- tary of state the application required by law and paying 2 Motor VEHICLES 481 the legal fee therefor, shall be fined not more than fifty dollars or suspended from the right to apply for regis- tration as a chauffeur for one year, or both. (99 v. 541, 542, Secs. 17, 27.) Sec. 12625. [Subsequent offense.] For a second or subsequent offense a person convicted of a violation of any of the provisions of the next preceding section, shall be fined not more than one hundred dollars and so suspended for not less than one year nor more than two years. (99 v. 542, Sec. 27.) Sec. 12626. [Proceedings under preceding sections.] A person taken into custody, because of the violation of any provision of this subdivision of this chapter, shall forthwith be taken before a magistrate or justice of the peace in a city, village or county, and be entitled to an immediate hearing. If such hearing cannot be had, he shall be released from custody on giving his personal undertaking to appear in answer for such violation at such time or place as shall then be indicated, secured by a deposit of a sum equal to the maximum fine for the offense with which he is charged; or, in lieu thereof, if he be the owner, by leaving the motor vehicle. If the person so taken is not the owner, he can leave the motor vehicle with a written consent given at the time by the owner, who must be present, with such judicial officer. (99 v. 544, Sec. 32.) - Sec. 12627. [Same if judicial officer not accessible.] If a judicial officer is not accessible, the accused under the next preceding section shall forthwith be released from custody by giving his name and address to the officer mak- ing the arrest and depositing with such officer a sum equal to the maximum fine for the offense for which such arrest is made or instead, if he is the owner, by leaving the motor vehicle. If the accused is not the owner, he can leave the 482 Motor VEHICLES motor vehicle with a written consent given at the time by the owner who must be present. (99 v. 544, Sec. 32.) Sec. 12628. [Officer to receipt for vehicle.] The of- ficer making the arrest as provided in section twelve thousand six hundred and twenty-six, shall give a receipt in writing for such sum or vehicle deposited and notify such person to appear before the most accessible magistrate, naming him, specifying the date, place and hour. In case such undertaking with security or deposit shall not be made by an owner or other person taken into custody, the provisions of law in reference to bail in cases of misdemeanor shall apply. (99 v. 544, Sec. 32.) Sec. 12628-1. [Intoxicated person operating motor ve- hicle upon public highway or street, unlawful.| That it shall be a misdemeanor for any person to operate a motor cycle or motor vehicle of any kind upon any public high- way or street while in a state of intoxication, and upon con- viction he shall be subject to punishment by a fine of not less than twenty-five dollars nor more than one hundred dollars, or imprisonment in the county jail for not more than six months, or both. (103 v. 133.) Sec. 12880-1. [Penalty for use of county vehicle.] Any county official or employe thereof who uses or permits the use of any such automobile or other vehicle for any purpose other than public business shall be guilty of a misdemeanor, and be fined not less than twenty-five dollars nor more than one hundred dollars for each offense. (107 v. 586.) —o ee PL” = CHAPTER XXIX FORMS RESOLUTION OF COUNTY COMMISSIONERS APPLYING FOR STATE AID PLECOINRU es Sadi iss Form 2—To be used by Ete NOr S28 tiles J eRe county commissioners in INAMeCODUNOAd a tien sacs ches applying for state aid on SAN Di, AB MD At Sa Ree RA inter-county highways. Inter-County Highway No.. BE It REsSoLvED, By the Board of Commissioners of ........ County, Ohio, That the public interest demands the improve- ment under the provisions of sections 1178 to 1231-11 inclusive of the General Code of Ohio of that part of inter-county high- Way NO Sess Situated-in< the County Of: eis, | ey and described as follows: (et SUITE b9 FSR | SOON Fahey SRINAPEE OM GN a BE AB te OLE i TaN ORAM Wat heset ePSatlacion fie ee dal ere) Ce Menara Se ty hers he ae SH kt Ne ces Palace nese A PSNI a es /0) 8261's Pee ca eh esse s/s. (ey ual w\\el “ahby0.'d\ 0.6) 0) be eviallel e's Bipice im, dice teow Pe ‘alla teh alle (6.\6-/ere le “aru @' b) ool ehe Sp eyjetia: Wisma neon be it further REsoLvep, That we, the Commissiouers of said County, do hereby make application to the Director of Highways and Public Works for aid from any appropriation by the state (483) 484 Forms { construction improvement } maintenance ( repair J from any fund available for the of inter- county highways and we do hereby agree for and on behalf of said county to pay in the first instance from the funds of said county one-half of the cost and expense of surveys construction de improvement and other expenses preliminary to the . maintenance { repair of said highway. Signed: Commissioners of .......... County. STATE OF OHIO, OFFICE OF THE COUNTY COMMISSIONERS. Nop a Comnty This: is’ to ‘certify, that ‘Loss cjsg is Wee See , as clerk of the Board of Commissioners of said County of.............+-+. have compared the foregoing copy of resolution with the orig- inal resolution now on file in this office and which was duly passed by the Board of Commissioners of said County of LEA EN te AMC IN MY ott thes thar edawotl Sains sh caaehe eae and that the same is a correct and true copy of said resolu- tion. fe 6.00 ib; 0. die ole 0. 410)6. We ie) © Bab CFOS 80) 2 16 Reh PUG Sian eee eee Sok lee ie eas Clerk of the Board of Commissioners POY UPR Rae A eae Rs MEA County, Ohio. ForMS 485. RESOLUTION APPROVING PLANS AND DETERMIN- ING TO PROCEED (Sec. 1200, G. C.) ee Wuereas, At a meeting of the Board of Commissioners of OE -CERE ST C MaN County, Ohio, held in the office of the Com- missioners of said county, on the...... UAT HOL cn yin ONS sh i 19.., a quorum being present, the improvement of the......... ROAM es Aer ay. of Highway {NG.c. iets under the provi- sions of Sections 1178 to 1231-11 inclusive of the General Code of Ohio, came on for further consideration; said section ot road as described in the preliminary application of this Board to the Department of Highways and Public Works, on HSE a eR dayrot ward cokes: ..., 19...,-being as follows: Sie SS REO Se oa Seah aay PRESET aa in ie Ae LAU A gad located: in theTownship of: ck ihn sn Use ee Fatally a. distance of about......... miles Wuereas, The Director of Highways and Public Works has approved said application and has caused a map of the fol- lowing described section of said highway to be made in out- Miers Pr OMlentO-Wit 7:2) Jaieucs Pow sik otek «eros Gods be seattle SCREW ASS Wey OLS 19 Vale mito. 8: 6)'6) 619101. + 0) erie iC Gh ola" wide) “ela |e) oa lce,-0 el alla d et aye) Op yearn: de: & ko etarteles 486 Forms and has caused to be made plans and specifications and an estimate of cost and expense for improving the above de- scribed highway, and has transmitted the same to this board, with the certificate of his approval indorsed thereon: There- fore, Be It REso.vep, That the section of highway above described in paragraph (2), be improved under the provisions of aforesaid law. That said work be done under the charge, care and superintendence of the Director of Highways and Public Works, and that said maps, plans, specifications and estimates for this improvement as approved by the Director of High- ways and Public Works, are hereby approved and adopted by this Board. RESOLVED, That the clerk of this board be, and he is hereby directed to transmit to the Director of Highways and Public Works a certified copy of these Resolutions. Signed: Commissioners .Of/s\ Greene: County STATE oF ‘Oui, Countyyat. cs... 5. 8Se OFFICE OF CouNtTY AUDITOR This 5 to certify that ahs vce kG Ae ate ogg eae ; as Clerk of the Board of Commissioners of the county of............. have compared the within and foregoing copy with the Tecot lution Approving Plans and Determining to Proceed adopted by the said Board of Commissioners on the............ day of co SAB aera a uanya ite orca any , 19..., and recorded in Commissioners’ Journal:"Volttmess <2: SUDAGE Saks Helena , and that the same is a true and correct transcript of such Resolution Approving Plans and Determining to Proceed and the whole thereof. Clerk of Board of Commissioners. ForMs 487 FINAL RESOLUTION (Sec. 1218, G. C.) Ce CY WHEREAS, on the.......... Gay Ole salsa eolcics g aiyak sekepArar aig this board adopted a resolution approving plans and deter- mining to proceed under the provisions of Sections 1178 to 1231-11 G. C. in the matter of the improvement of the follow- ing described section of highway, to-wit: .............. 02.005 Sees eet e see cere tees tee ee eee este ewer ree et Heer aeeseeseoeeeeresese Sesh 6+ < 0) 06 n' 6) so tele 6 © a6 ale 0.6 00 oie ese ce 0 © ate. 6/0 0 6-0 sie. £0 0 ele 06 6 ese 2 6 ee ole & Ce Ce rc i Cr re a er ey See ee ew we ee we ewww ee eee eee eens eee eee ee tH eee eeeseeeeeeeeseseoe SC e Bees vise es sevoe teres ever eere ss tsneseeet Ft oerevereeerereeeeves BLSie se Sje = se s ws wee tie ee te ee meso cee tees er sie ete Ve teccscce eee sees and directing the clerk of this board to transmit a certified copy of said resolution to the Director of Highways and Public Works; and WuereAs, The clerk has reported to this board that such certified copy has been duly transmitted to said Director of Highways and Public Works; and Wuereas, Funds for the payment of the estimated cost of said improvement other than the proportion and share of said cost that is to be borne by the State have become available, as to which funds the County Auditor has made a certificate, now on file with this board, and here recorded, as follows: I Heresy Certiry That the money, to-wit, $............ : required for the payment of the cost other than that part thereof assumed by the State, of the improvement known as Peele yet. IN Ojecc «28 ““Sectioné £5 hace COUNTY Oty aac a nates is in the ensure to the credit of, or has been levied, piaced on the duplicate and in process of collection for the state 488 Forms and county road improvement fund and not appropriated for any other purpose; or is being obtained by sale of bonds of said county issued on account of said improvement, which bonds are sold and in process of delivery. In Witness WHerror, I have hereunto set my hand and official seal as said county auditor, this............ day of PRUE eee ag CUPL D GE Cis WA (Stoned ha yetos ei 2 ee oA eet ee Ak ae ee County Auditor. pEEAD LB De Catan eee Baba nae County, Ohio. THEREFORE, Be It REsoLvep, That the sum of............... Dollars ($y. ires’sia.e Vem cli) cASattiet ak, wea eracdiqmteh se teen of the total cost and expense of construction (which total estimated cost and expense amounts to $............ ), be and the same is hereby appropriated for improving under the provisions of said law, the highway described above; and the County Auditor is hereby authorized and directed to issue his order on the County Treasurer for said sum or part thereof upon the requisition of the Director of Highways and Public Works, to pay the cost and expense of said improvement, as the same may become due under the provisions of said law. We hereby agree to assume in the first instance the share of the cost and expense over and above the amount to be paid by the State and guarantee the Director of Highways and Public Works that such money shall be available at such time or times as it may be needed in the construction of said highway. (Signed) cere fe ate)eie'e ce ete ore 0 a vjetele) «ele a» 9 eo .8 0 © ole eleyh ole) ane Cee ewe eeese ever e reese eerie ce wes eves s 00 oe & Forms 489 STATE OF OHIO, OFFICE OF THE COUNTY SNS Mens cant MC Sore SY te County, Ss. AUDITOR, pEiissisutoacertity that Paleo ekg cea ha , as Clerk of the Board of Commissioners of the County of................ : have compared the within and foregoing copy with the Final Resolution adopted by the said Board of Commissioners on BP RAG soe Caw OT Us) ing Fate e weet yitee , 19..., and recorded and that the same is a true and correct transcript of such Final Resolution and the whole thereof. PAL ESTE he Heda Dalkey a ceeds Siamin de susaieee anne Clerk of Board of Commissioners. To tHE ATTORNEY GENERAL: I do hereby certify that there has been appropriated from SE EE SR OREN AC fund of the Department of High- ways and Public Works the sum of $...../........ to the MMM ANE a bl dy oss ery Bagel ny nis County. Auditor, Department of Highways and Public Works. DEPARTMENT OF THE ATTORNEY GENERAL: Pursuant to the requirements of Sections 1178 to 1231-11 inclusive of the General Code of Ohio, the foregoing agree- “ment of the Board of Commissioners of 2.2.07 050) .15.00 5% County, Ohio, is approved as to form and legality. Cee ese ese asec sisawer veri Sovewee seeiesevrdvensesco Attorney General of Ohio. 490 ForMs ~ COUNTY AUDITOR’S CERTIFICATE (To be executed on or before day of passage of Final Resolution — Secs. 1218 and 5660, G. C.) I hereby certify that the money, to-wit: $.......... , re- quired for the payment of the cost other than that part as- sumed by the State, of the improvement known as I. C. H. Ose en + SCHON We sr wet ates COUNTYAO fo ean a mentee ee Pe is in the treasury to the credit of, or has been levied, placed on the duplicate and in process of collection for the state and county road improvement fund and not appropriated for any other purpose; or is being obtained by sale of bonds of said county issued on account of said improvement, which bonds are sold and in process of delivery. In Witness WHereor, I have hereunto set my hand and official seal as said county auditor, this....... wate 0) 6 0 ol eho Spiel 0. Wie ee of Ogle a ee « e:r9 0 “6 hal audiielle ve -sreh eye) Qe (ee County Auditor. tga Sng hecaer eo renale County, Ohio. Original to be filed with County Commissioners. Duplicate to be forwarded to Director of Highways and Public Works with certified copy of final resolution. Sec. 1218" G:. Ce FormMs 491 RESOLUTION OF TOWNSHIP TRUSTEES APPLYING FOR STATE AID (Sec. 1192 G C.) PR ECEIV BET A ieee Sic. ete fy Form 5—To be used by BOEING serie teen eos ieig ai township trustees in ap- Name-Ota Road GAN ee plying for state aid where RSME le penn ke alors ie county commissioners do not apply. Inter-county Highway No........... BE Ir Resotvep, By the Board of Trustees of.......0..26.. SUNOS EO oe Cu ae eM. OLS. County, Ohio, that the public interest demands the improvement, under the provisions of sections 1178 to 1231-4 of the General Code of Ohio, of that part of inter-county highway No......... , situated in the FOWOSHIPIOPS es ek ve I THE“ COUNTY OD sacha aes : and described as follows: eerste abe rae entice sualed Stes Slate Ua Is ote Chen a al ean i alla distanGesOfs os. sence. miles, and be it further ReEsotvep, That whéreas the County Commissioners of Dpttinhd: eaeteone a tad County, Ohio, failed to file before January 1, 19..., any application for state aid in the construction, im- provement, maintenance or repair of highways from’ funds which will be available for said purpose during the present year, Now, THEREFORE, we, the trustees of said township of , in said county, do hereby make applica- i 492 ForMSs tion to the Director of Highways and Public Works for aid from any appropriation by the state from any fund avail- construction improvement maintenance repair able for the of inter-county highways and we do hereby agree for and on behalf of said township to pay in the first instance from the funds of said township one-half of the cost and expense of surveys and other ex- construction f improvement | maintenance repair | penses preliminary to the | of said highway. (Signed) ee ee er er er ee a nore, agi eee ane\e. Wim aie e914 k6\ 6 /a :0\ ea @lelle ce ig te, wie se)! ad Ole Sie TErUstees Ona Rall ae: Township. RE ROR aes SPA Ht | Oar County. Phis: is to, /certify thathiLguunra sae ane as -cterk' oF Se EG Aa IRS Township stoke os.a etree cee ten CO he have compared the foregoing copy of resolution with the orig- inal resolution now on file in this office and which was duly ©. 6 ele af ele 8)\ee 0 of Wa) oy eile, im 'o fee. of 0 0). 6.% lelfare fe aa fu ie te wie se Ve mile |e) fey Clerk OF Mea ee cece Township, 2 thetic mara Trecaeie tel County, Ohio. ForMs 493 (TownsuHip TRUSTEFS) RESOLUTION APPROVING PLANS AND DETERMIN- ING TO. PROCEED (Sec. 1200,'G. C.) PRR VICRT elif ay etme rar NEC UaRS eae ole! SRL ccna oat County Bet INO ete accord Maite: SSA MD Ra aah cron Ws a Township INEMNG Ol HROACN Meh rcsh cin teee oh ee TAGE INO Y ISG dias s. Gre Pe eases er ewer ceces esse ee ee ae WuHuereas, At a meeting of the Board of Trustees of BiG Ly Ski at aie wea LOWHSHID, ty owe ey eee cae te ani an Ns County, Ohio, held in the office of the Trustees of said township, on REM Arte tee cha "UE REGO Wale Me Once ARE HE A a , 19..., a quorum be- ing present, the improvement of the.................00. Road, IeAG DBAs ca cite ieee ae Highway No........ under the provisions ot Sections 1178 to 1231-11 inclusive of the General Code of Ohio, came on for further consideration; said section of road as described in the preliminary application of this Board to WO ?e fo © \6) Ciara) 2-10) 6 .0-eh olin 6) 'e\'e)'9 eye eer 0 (0 a) eer a 976) © #66 6 is\'6 w1e)'d 10) \6 10) vee 0 el p ete whale © ace, et oye) SHS ay 6 16 \g1's wl ella ©) Se cee ie\e a0 0/8 gels sine eyalele esha es © 10.0 e e'(elee. © cle) & 10\\6 ley ole) wie ie Ueto Fos fore s8) tial ah wi) Ie eis) Belge e. w celal e et ulm el aie! TOY Bis «aie (6) 9 0178), ob) ie Moly ea) Wiiarist'd: ahiaite’\e hetie. ea. eich Pip tne 2 ie Athiale @\ eye) sa te oeinerare le “oe gleih je) ole ob 10) 076. 6, 68.) 8) es 9). 06-016 6, © eee. skeuheyw cLbY ae a Biave (i ClSirel sel simyiore (6 6 Ria’ ba e:'e 561.4: ete} e @\ \¢ 90 16, 619 8) €G0\6,/0 6% @ lbiepeio ls eve are Cm me wee eo me tere meres sees eee nee erneseeseeeseseeseseseeseseeeseereeee O28 fee fo, Cle ene (66 sudlae es) 00) 6%e 9) efoto ye 0. 00 pee ktece) 8 8) 6\/eUp.d | bi.6)'¢ elev og. 6 go 18 A 616. see Sle Cerio hye er 0\'o, © 07,0, eee Slim. clip Tel 6 "ove ep 6 0 OMe 0) piqi is) o ee) f SiLe m6 © fa 6) eerie ine) 6 6 0B) 0) € ttm) elm 6 and has caused plans, specifications, profiles and estimates to be made for the improvement above described and has trans- mitted the same to this Board, therefore be it RESOLVED, That the section of highway above described in paragraph 2 be improved under the provisions of the afore- said law; that said work be done under the charge, care and supervision of the Director of Highways and Public Works and that said maps, plans, specifications, profiles and estimates for this improvement, as approved by the Director of High- ways and Public Works, are hereby approved and adopted by this Board. RESotLven: That. phe. oui Ad hire n ceetunes aatentiels alisha, anes eye eo ee 0 fe, bee © v0 0 6 00 ole o eye 0 0,8 0 6 caw ise ee ee 0 8 ese OF 0 ey Be Via e bee 6 6 we wo eel eb feb © 0 6.6 6 le 8 ee Oye Cee 0.0 6 ee, Che 4.8 10) e Oe w6 60 6 6) OOS oo 06 2) als Behe ome 6 00) ele (which total estimated cost and expense amounts to $........ ) be and the same is hereby appropriated for improving, under the provisions of said law, the highway described in para- graph 2 above, and the township clerk is hereby authorized and directed to issue his order on the township treasurer for said sum or part thereof, upon the requisition of the Director of Highways and Public Works, to pay the cost and expense of said improvement as the same may become due under the provisions of said law. We hereby agree to assume in the ForMs 497 first instance the share of the cost and expense over and above the amount to be paid by the state and guarantee the Director of Highways and Public Works that such money shall be available at such time or times as it may be needed in the construction of said highway. (Signed) CASAS tel Soh One's. 66 tedal'o o's im eb Tere, Jia talle el Gade ey,b).4, elalaslcnnt en @ SACL eal .6) 06 So; ae 0), 0) alle) 6.) p\ 0! eal @ tw, lee 0p) 6, @ ie), of Ge teria toKbt wi O18 0:6 9 49) 0) mae, 0) we’ |e Lb\ 8) 0) wo Bw apes os el Bro elte jens te pllaheiienete AMS EBES: Of Ueiic: eartase ete Township. Py A Pa eae aa a tC County. I hereby certify that the money required for the payment of the township’s portion of the improvement known as Mee TUNING ley eel Pe OCLIOT cha Se soho t = KaoMb atiav 2 eats CNEL County, is in the founehi road Mind to the credit of, or has been levied, placed on duplicate and in process of collec- tion for the state and township road improvement fund. In Witness Whereof, I have hereunto set my hand_ this BR A ota) cE Ag LJ APLR CU Gi So ie am ny A Sa Sas 9 Clerk agic aaa ee Township Tae a are aly Aue nese A, OR County, Ohio. STATE oF, OHIO 2 Re a County, }ss. Orrice or THE TOWNSHIP CLERK, ae +++ss+.. Township Mmspts seo certify. that Lyte cs. alse SS , as Clerk of the Board of Township Trustees of................ Township of eG OUIT YT OT ms, OTs uk co aids , have compared the fore- going copy with the final cebolutons on the Record of Pro- ceedings and adopted by the Board of Township Trustees, on RETO? oon" 33 CLAN Oi AT Lie NN iy Ae eat ae ,19...., and that the 498 ForMs same is a correct and true transcript of such final resolu- tions and the whole thereof. I also certify that I have compared the foregoing copy of the certificate of the Township Clerk with that which ‘is on file with the Board of Township Trustees and recorded in their Record of Proceedings and that the same is a true and Ty. erat s correct copy of the original so filed with the Board of Town- : ¥ ship Trustees. FW 1) Saeed Peg eM P IC TNE Gere NEMA MURAI SS ID AARC Clerk of Board of Township Trustees. To THE ATTORNEY GENERAL: I do hereby certify that there has been appropriated from tHE RAE Ser duet Stee fund of the Department of Highways and Public Works the sum of $...-......... to the credit of IN OU ny cat a A Mattel Townships. O04 n.00 Ses ee BOURNE AB as 5e REPRO Wants es SRO Anes RL Auditor, Department of Highways and Public Works. DEPARTMENT OF ATTORNEY GENERAL : Pursuant to the requirements of sections 1178 to 1231-11 in- clusive, of the General Code of Ohio, the foregoing agree- ment of the Board’ of Trustees of... 2... oui oe te od Township, PTL ira coslnewe NAM A Ces County, Ohio, is approved as to form and fb 04e 0 he 0.8 Or US Ce be bake, Sane 05S 8 do he [472 elle iu: 0,4 ol akb ning lw a v6 eu — Forms | 499 TOWNSHIP CLERK’S CERTIFICATE (To be executed on or before day of passage of Final Resolution —. Secs. 1218 and 5660, G. C.) I hereby certify that the money, to-wit: $........ , required E: for the payment of the cost other than that part thereof as- _ sumed by the State, of the improvement known as I. C. H. BN Oe. cas, Retin: macy oS CEE Oe an peg mine - is*in the We is to the credit of, or has been levied, placed on the duplicate and in process of collection for the state and township road improvement fund and not appropriated for any other purpose; or is being obtained by sale of bonds of said township issued on account of said improvement, which bonds are sold and in process of delivery. In Witness Wuereor, I have hereunto set my hand and _ Official seal as said Township Clerk, this........... day of irs Sete ea% hiss « A ORS Oe ELS RSS 0 sito eile jo eq ie oNS (ole 68 0b. m 4: pee. st ed ore one eh eiiet bile: wie My Township Clerk. SeiSiat Nan Township, ’.........County, Ohio. Original to be filed with Township Trustees. Duplicate to be forwarded to Director of Highways and _ Public Works with certified copy of final resolution. 1218 G. C. (Secs. 1193-1 and 1231-3 G. C.) ORDINANCE: Nowenor Fea: GIVING THE CoNSENT OF THE VILLAGE TO THE IMPROVEMENT OF hi) SOG Ca ene STREET...., UNDER THE SUPER- VISION OF THE Director or HicHwAys AND Pusric Works. Wuereas, the Director of Highways and Public Works is _ considering the matter of the improvement under his super- _ Vision of the public highway known as Inter-County Highway my. Bit. ess, sand 500 Forms WY BRRBAS NS Ses Ck eter SSR Sin a I Street: .; within this Village lies in whole or in part along the line of said Inter-County Highway, said street.., or section.. of street.. being more particularly described as follows: ....... 9 o lg fe). 6 eof 8 Rb tele eb byle 0p 0 fel gis lols siyo)e, 0 Slat w lol ove 6) e hare § elie els bis 6s eliscn @ 6) ous ainis ELISA Mins ao aah SMARTS Soa HLLcaue iGo mel MUSA E yr a ITN Sam UY and Wue_rEAs, It is proposed to extend said highway improve- ment into, within or through this village and along the afore- said street.., or section.. of street..; Now, THEREFORE, Be it Ordained, by the Council of the Village of........... § Ae Wate ooh neue , State of Ohio: Section 1: That it is declared to be in the public interest that the consent of said Village be, and such consent is hereby, DIVER bate Sa 1a Cahors cel ae tied Vale excel cake ae oe Street. ., or so much thereof as is above described, lying along the line of said Inter-County Highway No.......... may be improved under the supervision of the Director of Highways and Pub- lic Works, | SEcTION 2: That the Clerk be, and he is hereby, directed to furnish to the Director of Highways and Public Works and to the Board of County Commissioners of.............-.-2.05 County, Ohio, a certified copy of this Ordinance immediately upon the taking effect thereof. Section 3: That this Ordinance shall take effect and be in force from and after the earliest period allowed by law. Passed? oi ade ainertinep acre hee Gene BRIE he RAO res PATEBSE Titi Pe gaat ata ke a ge Oe 00,60 %e «eles. @ e's 6 lo aleve 616 6000 6 ef & Fm mis © Sus Sim aie lore 6 Ssllene y Forms 501 CERTIFICATE ‘TO €OPY, State -of/ Ohio, County off io. bo Pood fi MAM at eCGE SEN ch S55 ard peg saa cael yak Siete deco She Ns , as Clerk of the Village of Bihan wonaties otis (at Uhr yas, , do hereby certify that the foregoing is a true and correct copy of Ordinance adopted by the Coun- cil of said Village on the....... day iotsehevocanee acts LOR Cas that the publication of such Ordinance has been made and cer- tified of record according to law; that no proceedings looking to a referendum upon such Ordinance have been taken; and _ that such Ordinance and the certificate of publication thereof are of record in Ordinance Record No........ eae pase ct In Witness Wuereor, | have hereunto subscribed my name and affixed my official seal, this...... dary OE ces Seon cee 192 4 eG we Sas OB idh sve te 16 Cie 6) 6) 0 0 6, om Oe tS le et bre ble be Wye 0.0. 6 lpia bes (SEAL) As Clerk of the Village of SAA aie. # aianunane at ye: , State of Ohio.. NOTE: — This Ordinance should be Sera either upon three read- ings or under suspension of rules (Sec. 4224). The Attorney General has ruled in connection with statutes similar to Secs. 1193-1 and 1231-2, G. C. that Ordinance similar to above must be published, and is subject to referendum. (See Opinions Atty. Genl. 1918, p. 481.) SUPPLEMENTAL SECTIONS Sec. 1224-2. [Removal of snow from state roads.] The state highway commissioner shall have authority to re-— move snow from the main traveled inter-county highways and main market roads within the state, and shall be authorized to. purchase the necessary equipment, including snow fences, employ the necessary labor and make all contracts in his judg- ment necessary to carry ott the provisions of this section. The authority herein conferred shall be in addition to that conferred upon the township trustees by law. The state high- way commissioner shall notify boards of township trustees as to all roads within their townships with respect to which he determines to act under the provisions of this section, and as to such roads the duties of such township trustees with- respect to removal of snow shall cease. The expense of - carrying out the provisions of this section by the state high- way commissioner shall be paid from the maintenance and repair fund of the state highway department. The county commissioners of a county shall in like man- ner be authorized to remove snow from any main traveled road within the county with respect to which the state highway commissioners has not acted under the provisions of this sec- tion, and the county commissioners of any county acting under this authorization shall in like manner give notice to the trustees of the township or townships within which such road is situated, and thereupon the duties of the trustees with respect to the removal of snow from such road shall cease. The county commissioners shall be authorized to purchase necessary equipment, employ necessary labor and make all contracts necessary to carry out the provisions of this section, and all expenses incurred in connection therewith shall be paid from the county road fund or funds. (109 v. 170.) (502) SUPPLEMENTAL SECTIONS 503 Sec. 1231-6. [Proceeding to enjoin collection of tax or assessment.] The court in which a proceeding is brought to recover a tax or assessment paid, or to enjoin a tax or assessment levied or ordered to be levied, to pay any part of the costs and expenses of any road improvement con- structed by the state highway department of the state of Ohio or by any county, township or road district of the state, may in its discretion upon the application of any party to such action direct and cause any necessary survey of the improve- ment and of the lands assessed therefor to be made by a com- petent, disinterested engineer, who shall upon oath report his fi:dings upon the matters covered by the court’s order, and such report shall be received and considered by the court as is other competent evidence upon the issues to be determined. The court shall in any such proceeding allow oral testimony that any acts required by law for such improvement have been substantially performed notwithstanding errors, defects or ir- regularities in the record kept or required to be kept by any beard or officer. In case of claimed want of notice as required by law, any evidence may be offered in any such proceeding that the plaintiff had knowledge of the proceedings for such improvement or of the proceedings for making and confirm- ing assessments and actual opportunity to appear therein and be heard, which evidence may also be considered upon the issues, , The court shall be authorized to make such judgment or order as will be equitable, and may order any tax or assess- ment to remain onthe duplicate for collection, or order it to be levied, or perpetually enjoin the levy or collection of the same or any part thereof as to the plaintiff, or if it has been in whole or in part paid under protest or without knowledge, order the whole or such part as is just and equitable to be refunded. The court may also make a reassessment of the whole or any part of the original assessment, or may order the board or officer by whom the assessment was made, or ‘other proper board or officers, to make a_ re-assessment. 504 SUPPLEMENTAL SECTIONS Upon the granting of partial relief to the plaintiff the court may apportion the costs equitably between the parties. Proceedings with respect to such taxes and assessments shall be liberally construed by the courts to secure a speedy comple- tion of the work at reasonable cost and the speedy collection of assessments after the time has elapsed for their payment, and merely formal objections shall be disregarded. Such pro- ceedings, shall, however, be strictly construed in favor of the owner of the property assessed as to the constitutional and statutory limitations on assessment of private property. No tax or assessment shall be held invalid by any court by reason of any error or omission in the proceedings, not substantially affecting the rights of the plaintiff. The provisions of this section shall apply to pending actions and proceedings. (109 v. 169.) Sec. 1231-7. [Public contract to be let only to citi- zens of U. S.]. No contract for the construction of any road, street, sewer, public building or other public improve- ment to be let by the state of Ohio or any political subdivision thereof, shall, where the same is let to a private individual, be made or entered into with any person other than a citizen of the United States, and no such contract shall, where the same is let to a partnership, be made or entered into with any partnership unless all the members thereof are citizens of the United States. Any contract attempted to be entered into con- trary to the provisions of this section shall be illegal and void. (109.v. 169.) / SECTIONAL INDEX Section +2 sPage hie Section 346 sha LDAP BARES SPAT ya 1 g BAT EcLtht Ser eit irae Mem Uy a 1 Ba DAP lB eg A tet ye a 2 D1 pee err Meee RACE 2 POTS sha attuned hale 3 VOM ei rete ee de ciate 2 1 A egy Sah DUBIN G RR 3 TA ea once tn 3 DOOR renee ay see ae 3 TAOS ea aha edie TaN pas 4 TOGA ears ae Nes 4 W2OSAG os aS a ee Ms 346 TPZOG VN MOR care Geo aes 346 POTN None atte, Lactate? 4 VOD ipetc Oyen al eaen etree cen 5 POLO eral | MANET Be ces 6 aA NOMS eins aie agree 5 fb Be BOT? PR Tate me ha 7 TAS Sets gat, Saar 8 1125 5g Steep lee A Da pt a 9 TOA li NB sen ap teers 3 10 11 12 12 13 13 14 15 15 17 18 19 20 22 22 23 25 27 or 28 29 29 TBO YS 8 aMireha ater tips 30 DOBOON TN Cae ares UE 30 TSO Oe eG eel eae 31 1b) Die Aas he ene (505) 506 SECTIONAL INDEX “i SECTIONAL INDEX — Continued ‘ee Section Page Section Pag> | | DISA Diicng eaters ota len atets 74 Che TOUS RI aera cate satan ope oat 74 377 ae STN aa atthe iaiaittin Calne 74 an TOS TA Ate Sie devas eetataserenae 75 877 a OST ios poate pee aa ete 76 O77 1IZI=B'ssstopiais el Oorerte entree Repealed 277 1231-6 jj. ce scnees Za a 508 377 L2BIA 7 yieiainte ares sisiere's we 504 877 PBSIAS ieee agate’ sitelat | Repealed 377 W23160 Con cotta Aes epasauty Repealed $77 las L2STS1O eaststvehasie eras cori Repealed 877 LABIA iapalnareek set dla Repealed 378 1a Ghat ia kes lone 347 378 PLO se eat hn ate 348 278 POOR Aone beaters aiere 283 378° PacaTA NUDE NAD REE SR Spee 283 378 f DIY items eb eia ko Goeee be 283 128 DIS erie stot alec ve easy 284 198 Pa ec TAS See RRM rhe 284 428 YDB SALAD ER oO URE ORM OT 284 129 DIBA Na ip tieoeie & NOOSE 285 129 DISD ve vaniv adnan says yale 285 129 DOS itp crsikarn eres hears. hare | 285 129 DIB5—2 Tick tistersiAtsle si task 285 130 DUA eats a tis Pane Se SO 286 180"aaen WOSB iiedos fame iene? 286 1309 DOO Tart a Seria ciao alalttaahe | 287 130 DLO raarete ir SAS etsy | 287 131 DIG Perse AVE Goes 287 131 DAO Oa atard gaits arate piers see | 288 132 AN iol iasetnoe akan Bina NS ONETE 288 132 \ y2427 a Naan CARS DS 288 132 DLN ASSL ee Ee eo ee pC 288 133 DISA aise waved cal ovine ike 4 133 BOOB Lo Vie ee bak 404 139 Sg DOR tee et Niall aaa 404 134: PAE TES FE Ra caer ob Ue 405 13t DOO engi aioe wie’s o-nleres' Page | GSO BT Wheres caesar | 427 GOST ye see eh eels bas 427 COIR EE Cees wees 428 " PC PR he AEP 430 ; BSEQLR TE ee eps t baie 77 3 GRHOABATbacta aa ulous cures 80 GSRO et kane tate 136 GRBs ieee cache atk 136 PSR OSPIE ORANAN Ci oa 8 Sh 136 GRCR sats Je chain sulatelse 137 GABA eo Ramen inne 137 CSR eee ane 138 GSO8 RRs nee eee 138 (Ts MAUS Ree RES 138 COBB a eee ce aoa 139 ESEO ON hase ace ebthe 1389 ORTON ce eae Tinie 140 CST Se ERTS 141 GOT Vict tecn se cette 141 (Ay lin ohne ar pant 142 ‘ COTES eka ah eta ‘ 142 i PY Eien plata en pene pea 142 i BSB ar Res: 143 fi GOTT. yen Rene 143 GSTS et the disease 143 st GRTO Lorn aaah ase ae 143 ; BST Daley uate vs ae ban hs 144 : COIS DAE onan 144 2 (bP SCARCE oR apa Pia 145 GS OaB a eae as Rite 145 GORD koe Toa Beatle 146 PSV ie MR RS ae A 146 TSI Pane yea un Gata 147 7) BOS oversea no N emcee 147 CESORT A Ea eR ae rats 147 BORA Nene Cea are sisteic 148 ; MASSA TPR aB. tare ess aun, 148 as ONT Shania tec AP: ta we 149 a NES RB eG Ee istics antes 148 es 1 chet soon Laan Se ene ac 319 GSEB=O HOO Re 312 BOBBED oad Seawater eae Vs B18 BSob ae ua as Soe ghils 313 WORE B AN Aoi e ne a Poth g13 BSS626 uae ca ocean 313 eh [Gata gad naee NY 3138 PERG. Fis Wpcclaue Ue panties B14 PASRGLOici. ci cuiasraan Wake 2 814 i HO886-10. owes sees eee suet eB A % HASRO—T EG Civics ka we bosleieele mse 3t4 . SECTIONAL INDEX 511 SECTIONAL INDEX — Continued Section Page Section | Page | 166 167 168 168 169 170 170 171 171 172 172 172 173 173 174 ‘ ' 174 MASS ais ed iat nats Repealed ee kena aaa Siany!s\a.2'e a mela kek apie WEDS NS Eta (uot 204 Baie cients oc! ti Voie ote Repnealedant Wish wan acts says | Repealed SONG ERM Oee COE 175 TIBOR STIS Gee Ee | Repealed BS ieie sien ce a sie, sibie-='s BOTT tA lay Roe SRR RU it ae 904 wpe tec eee nent ereees I PIB TIS Sa) Sac ae das ends 206 ; 176 TESS Tits cae ca ena altace « 206 Rin ee RE wereieate 207 GR vaio nisee nes Stik te 209 RU Sra Lead cies tre arsrarete 210 bs atleahaldaieieve wn feareee 210 BAN le Pits eee ee oe Repealed Op eee hala Bae aves Repealed paletrmetale atid. oft ss AO Pu RRM cn Ars ojate wetintctom mansions Repealed Piacruniew itigins se ell mR Ln FP LOOT aia wha oops eile wolg« sierae 210 Deere Otis ors STG el LOL TL Oger ae cy stay sep eonoiee ae Repealed 2 oN ee ee : cited erate kane scelacatrcanes 211 RM Can eager RR aa EAD MC HP LOO Tw idec ae vowing acre slave Repealed SPO rea eer Pee 211 213 214 214 214 216 217 217 217 218 218 219 220 220 221 221 512 SECTIONAL INDEX SECTIONAL INDEX — Continued Section Page } | Section | Page Repealed epeale Repealed 307 SECTIONAL INDEX 51S SECTIONAL INDEX — Concluded Section Page Section Page 358 480 359 480 859 480 359 480 849 481 349 481 856 481 390 482 469 482 391 357 357 357 357 357 469 ; 357 Repealed WEBEOSE eieiieg besoin Winla eevee 482 470 LO SSN nai Sie ret alate else! 349 470 TBSOT NER att aie s oiclotest aad elenath 357 BTOVE WN ROAAU ress aalae la: delaware 358 ER Re en te 470 bE» Da ORs SROs ea Sieg 316 BOF Mates ter 472 gS UA Ee VR ea eee Reker s 316 PER AS Si aS as 473 SPN Oe aioe sc eh eee ate poms 316 473 LA OM Re aticladis Oak irene 816 474 NYS .4 Us Mee ear rt a Se 317 2 474 ABADI E Birk crags sccvelaieuelt aimee 317 Rate tia nde aaiais.o Pieters 474 TSAO Org ite ests we ts 318 Ant OBA Een Pee 474 LRATIMLO Ver tumeideje pores 318 Petar on Gelinas € 474 a A220 BS IBA a eS a 318 RarAa Nae bhal apie sisra 475 ny: DAES PAB EE A A Be 318 Petal Wines iat ests 475 AP RNS es iil crelele a tie’ c 319 pad PRPS AIAN Ca aah Repealed mt 2] Co a A aa a ra 319 Mie micbe avert oie wieaty 475 WAITS Paget en ees aes 319 Art 50 SOMA AST era 476 13421-16 ei eae 320 De gains ke siiea ee ais 476 NSAQLET eo No viwlarelon 320 SPIO Sieteve sessile 476 13421-18 ee vais ahh 320 SPIN tai c's e aigl etal ere 476 W342i Meas ora eee Macey 820 477 VRAD 1G ae aarae occas ne siete 321 2 NAB BOS oe elie car oan te 321 477 Bis ni (20 Wash ORS aay CN Ala 321 477 OPAL ELA aay esejase chow le gore eee 321 478 18989-13996 ........ cee es 858 478 RAQQS IL on Ma krelevope ereeietere 358 Weta eis chucks dreicns's 479 L400 Ses ast tree tilts Mites 391 Pea rk One OLA och 480 s ‘oy oS wees 2 ) A e Section ABUTTING OWNERS — Conetrictionmofesidewalksic occ. 20s dueuk fete 7205 Not to be relieved from assessment for construc-— tidn of :state* roads. i020 3005 ck SACU ENERO aie 1217 Not to be assessed more than thirty-three percent OL MVAUME IO LW PLO DELL. Js cee Daice oa tales aeons 1191 ACTIONS. (See also Civil action.) — Civil or criminal, not affected by passage of Cass LN AUP Bide NAMI Bs OI RS AU Daa 302 ADJOINING LANDS. (See Entry.) ADVERTISEMENT. (See Notice.) - ADVISORY BOARDS — ; PND OMIENNSIU NO LEEy aierats cats eica ties Peelove ee eee one 154-15 ANIMALS — Penalty for depositing dead, upon public road.... 12649 RIPPIN AL AGRE Ie cdl olsheahiceeide ens se te ale co dewleecctethe 5813 APPEALS IN ROAD CASES — To common pleas court — Error proceedings to review judgment.......... 6904 To probate court — By landowner against action of joint board.. 6938 BY LMM OTS PANG Ot METS i.:o%ss. aeie'e's sie ers anes'e eeiaes 6893 Costs when improvement abandoned by com-— PUMSMOTENSS aneurin yest AH ean venay ae ca 6900 LD ENR Sg tan ieithaY neler gAP Pe eA Gp RNA EAS AFI ECAA tgp A PR en ONL 6892 Enforcement vol yudementias i. 2 osha. check daw et €896 Fees and compensation of officers in connec- PUGH MEEMCLE WALLY ieiavaeias cies chs siete Caaies were ehecs Sure OOO]: For compensation and damages by owners of PATI e rah chgn sean opie stenssNales Satwie «Scio eieioikl Sela aieicts 7208 For proceedings in appropriation of land...... 1201 From finding of county commissioners..... vane 2427-5 6916 From finding of township trustees...........+.. 3286-11 3298-15c 3298-36 (515) Page 516 INDEX APPEALS IN ROAD CASES — Concluded From joint board of commissioners or single board’: thened£= 3. 20s asa aces cate page wena Fearini e:cOfj oe in aey ant acai hale tare ule acum oader tia In proceedings for appropriation of property.. TAmitation of silos: tens ae Stes Cawley oh ouabt ave Notices (bond's tie wesay «canteens slamae nhmosere cen the On damages caused by entry on lands.......... On what matters may be taken.................. Procedure after judgment establishing im- PRO VEMENE Hs ssl wetaehs wee oo ohaleees e tan lone TERI SHOT Mm COSTS SAtIth jabs aoe ee icreeidel hale MW. eatay ete ert Ten, day tinte limiton sie 4ss ace sao aiee ie ee LPB Dyin WUT. .'. s seat ere ae wine eles ode as 6294-2 to Wihtescitakens vc cose tet iors uv eae nates Mltale rete ne APPLICATION BY PETITION. (See Petition.) APPORTIONMENT. (See also Compensation and damages; Method of payment) — Of, funds from: 'U..\S.) government.../.. 2.465545. Of state highway improvement fund by state ARNON, cd ode Wblde Ws CR e oie Sainte ata ena ee aa avers OP vatatey A] Evy aia sce key oro ah conten cule BialaMee eis ome areelee APPROACHES AND DRIVEWAYS — Destruction of, and compensation for.............. APPROPRIATION OF PROPERTY — By county commissioners or township trustees... By municipalities to lay pipe lines on public TODAS Sr icisleeete PeaMt isles No gia e sald Mnatenuaatie 3995 to By state highway commissioner.............0+.e000 Byx state yor Jocalwawthority,| ot os sean va klscemton a ales For crossing over railroad tracks................++5 For road purposes, procedure...... Pe i ea 7214 to For township; AMpLOveme nt csldivc asin /cialagaleie dices tcawietar TnhErOA Ge CISELIC Le. Sissseta cs cin ss asatalosnvaletelecn's hand ie Sia eteimateres Near. railroad: i ChOSSHAES A. vince, vate since Se ea cease Sale biaate Proceedings for, when abandoned........... a SHE ASSESSMENT — Abutting owners not relieved from,.............+:. Against abutting property owners when state pro- ceeds without co-operation of county or town- SHip i cecacaineas wibhiarenere anne Na AAA tA RE OIEE ak Against land within one-half mile.................. Section 6894-1 7471 157 INDEX ASSESSMENT — Concluded. Section Against land within one mile.......,...........0..0. 3298-14 3298-13 6919 Against land within two miles..................08... 6919 Against land in adjoining county.................. 1216-1 Against land within one and a half miles.......... 1214-1 Against property of railway ccmpanies............ 6956 Against railway company whose tracks are on BEALE TOAD Pacts oclavd pees ieee ha mene omens 12314 Apportionment of, between county’and munici-— Dalit yammaeeiee sey RA Nec na reiancann cle vehi tt pei pe 6951-1 Apportionment of, between estates................ 3298-15c By municipality against abutting owners........... 6950 By township trustees against land.............. vee (8298-18 3298-15b 3298-38 By village for additional width of state road...... 1193-2 EONECHOM GOL MA Smancias cd ae hee Red des he ne athe 1216 County commissioners to issue bonds in anticipa- POTMoteCONee ION HOE vais sccoee ia wica eae ete leks 5630-1 Estimate of, by county surveyor............sseeeeee 3298-lda 6922 For boulevards outside of municipalities........... 8852-4 For increasing width of state roads..............44. 1198 MOET OMMCOUNCY, TOAC Sai sa vic deck he ae kale oea hs 6934 How apportioned between life estate and fee.... 6925 How apportioned in improvement of state roads.. 1214 HAP OR NGISESICES Viay lah sleet se aisielbolcioa nue & eee bi oe 3298-538a Method and time of payment...........¢.....0000: 3298-15b 3298-42 6923 Not to exceed thirty-three percent of value........ 1191 On abutting property owners for construction of RAE WAIKS Ble crc exatoeieie aa trate cir here ooh ate bested bieie really 7205 On land of railway companies..........0..eceecuues 1215 Proceedings to enjoin collection of..............00. 1231-6 Provisions for, when. not paid.....)...).. 00.02.0808 6956-16 EUDUCAMON OF KTOLICe: Of. sis Co eal ware osu cllomeas 6922 3298-41 Upon canal and railway property................08. 6920 When improvement in more than one county...... 6944-1 When improvement within one county...... 6941 to 6944 PM ertmta ay HDEV mad Guy cues cits cleqde viet Dales rte vue 6929 518 INDEX ATTORNEY GENERAL — Section To approve agreements between township trustees and state highway commissioner................ 1218 AUDITOR OF STAT=— Apportionment of highway improvement fund by. 1231-1 To prescribe forms....... deb aise sine es eisai era veeee 1188-2 AUTOMOBILE REGISTRATION FUNDS — Application SOF ee vudmald stance wesinee eve nial bie'eis «Vola are 1221 AUTOMOBILES (See Motor Vehicles) B BALLOTS. (See elections) BICYCLE PATHS — Provisions asiviclas sist vee eas 1222 Tax levy for damage by freshet............ 7419 to 7421 Dae LEVY py TOL MAIteNan Ge i sia’ vias Wd ceeds Pe eR ycsie Views 6956-la Temporary highways may be constructed during.. 1225 7218 Township trustees without petition................. 3298-5 CONTRACTS — Allowance, fot: extras work one. lessee elses eee 6948 Mward Of On= Unit pride hasi§, «ecsese vas oobi Peak os 1207-1 Award of, by state highway commissioner for construction of inter-county highways.......... 1206 PA WAtd. OF iin 7 LOA SCISELICLS ste wish tiaaiec CAE ES case eee 3298-46 AWards0t “tO -CIIZENS (OF Uaiaet a coe Gace ies seul: aie 1231-7 ROMs TOL COMPLEMOnN Of cya at’ wah, soten Clo dedenioss 694.7 By county commissioners, when valid............. 2445 By state and local authorities with private indi- viduals for construction of roads may contain provision for use of prison labor............... 7507 By township EPUSTCES ie noe abe recinae ee sever uageen 3373 For extra work not included in original contract, Neh Ae t1 La he ee hie ae ae RNR ELAR SS RE WPAN EC SR 1210 7 3298-49 6298-15 For improvement of roads by township trustees.. 3298-15f Bor INDEX CREEKS AND WATERCOURSES — Section Straightening of, to protect roads and bridges.... r 2428 to 2439 _ CROSSINGS. (See Railroad crossings.) _ CURATIVE PROVISIONS — Contracts of state highway department............ PorCassihighway actos. cptieiulc secs cea Wala wale ails Honshopley=Gorrell actnviiai. sewed deen o docdoe bw oec One rOA dr Gisttace RUNS iat dvs hey Gon vais coke e enol s For White-Mulcahy act.......... Bs area rede bysists sia ataiys Al Reimbursement of contractors by subdivisions.... 1208-5 Reimbursement of road contractors by state...... Validating former proceedings, contracts, tax feviesmand? hon Giasstiesaccia sesh eres cso rece ous 7574-1 CULVERTS. (See Bridges and culverts.) D Pe Bs DAMAGES. (See Compensation and damages.) _ DEDICATION — Oieland for, roads purposes: s 2 fice vse gk cele eects 6886 DEPARTMENT OF HIGHWAYS AND PUBLIC WORKS — «Nera Tn op pata #123 BGG GI agi OL OU eae 1181-1 ereation cof. Costa. os IRA ROMA GIR Rag PE CNTRnT Las 154-3 PPVISIOUS OL ee Rates e ot he hae i ee OAS a 154-6 DETOUR SIGNS — Erection. of, on county’ roads..2. 8.0005. 0) vseae eee 7213 - Erection of on state roads..........02..eeeceeseeece 1225 __ DIRECTOR OF HIGHWAYS AND PUBLIC WORKS — (See also State Highway Commissioner.) PE ES OR MA DOAECT Tae oe oes oun es ek ce see 154-15 1180-1 PUNGENT LO Lt Jeutick out Laleceh schtcuesieome oo ees 154-4 ASSETS hae Gr leap RA BAA sg a aca A 154-5 to 154-7 PPCM Ey Marais tN SMC aes NORERL 2 trl SENN a id 154-14 Bae hS Oe ask am San a uals Prince cette on oe eee 154-8 MARYA mu IH Ess SR LER alo dtp cb coe eae eck: Saeed 2250 DITCHES AND DRAINS — ExCHOGuOTIpIIC HIShWAYSis <2. os Secession ek calvin 7202 Benent> to. public: roads» by... 6 cscvwscsncoescedseeVs 6445 In connection with public roads............ 6443 to 6464 Penalty for obstruction of, near public highway. 13421-7 DONATIONS OF LABOR AND MATERIAL — Township trustees may accept........:.esceeeceneee 3298-15j 532 INDEX DRAGGING UNIMPROVED ROADS — Section Demonstration of, by county highway superin- tetident ys oui Ses Arse a Alls ance eye ts en a iL +. 7190 Duties of township trustees in.............. 2375 to 3376 Penalty for refusal or neglect by officers charged © with ditty, of fant anuec sees Ney ye dece, Sera Ree 13421-13 DRAINAGE — Appropriation of property for, by state and local AULHOTIEVES Ness oh sauis ahs ei alla Seclelae eee ae ler Be 7470 Of public’ highwaySiacouste makes otelieeeseoeses eke 6443 DRINKING FOUNTAINS — Construction of, on public highways.............. 7211 E = ELECTIONS — Popmia 0£ Dalits aan sue a ein bata w Cinta ce eens Rad eae 6926-2 In county for two mills exemption................ 6926-2 On issue of bonds for building county bridge...... 5638 to 5642-1 Result OFS) ony (hax exempriomi in. ets esse ons avae een 6926-3 To determine tax levy for purchase of land con- taining) road: sMAtErISl. viens wena saebiess 3298-20 to 3298-21 EMERGENCY ROAD LAW — Max levy for repairs under. soy his depen. dee 7419 to 7421 EMINENT DOMAIN. (See Appropriation of prop- erty.) EMPLOYMENT. (See Labor; Labor and teams.) ENGINEERS — : Employment of, by county commissioners.......... 2411 ENTRY — Upon adjoining lands — By cotinty. ( Survevor sos avtawden coments cao. 7207 Damadves\ for: “hows Waid ses sctentiiacy an nunca sae 7208 Upon land by county commissioners.............. 2427-8 Upon land by employees of state highway com- SHISSPO ET Hr AG lt tinanreis Caw Wepre presi sacs owe eat 1184-5 1190 EQUIPMENT. (See Machinery and equipment.) ERROR PROCEEDINGS — Dim “roads CaSess so Cah eorubunpededencceby a cas ale eis Riera te 6904 ESTIMATES. (See Plans and estimates.) EXPENSES — Of county and township officials attending an- nual meetings called by county surveyor...... 7189 Page 209 269 279 2090 INDEX EXPENSES — Concluded. Section Of county highway superintendent, when attend- ing meetings called by state highway commis- SLOMCH A token bots eae Meena divkiey are cace we aerate 1185-1 Of county surveyor....... PEO ORONO Siete ee 3 Of deputies of state highway commissioner........ 1181 Of state highway commissioner.........seeseeeeeees 1180 EXTRA WORK — Allowance and new contracts for, ‘by county OMMUSSIONETS ogo ss w.0% vere Whey alee OR an eee 6948 Provisions applying to contracts for..........+...+- 1210 3298-165i 3298-49 F: FEDERAL AID — a Sepeata DS Ce eC Se NS nee nsec eae Me. PAP POLLONIMENE. Of LUGS. cv woes wese'e-s oelbiore vey egies 1228 BNC OES OF eASSCEENS « oheiiesice Cos Re se tea eae os ease 1228-1 RASIES™ AIT TCS UIAT ONG. cies a vic ouctislc tnivicinabe neces ele oe Pa Pemarcy a fasta Cs Sites cwreinio sie GPa d ais ipl eicrein ha vi ciuinte else Sappiemontals act. Ol 1010s. ccna weaeeeacceneuseesets cc Eimplemental—act Of 192Tso st oncs ce tcwics covenc sees FEES, COMPENSATION FOR SERVICES AND SALARIES — Of county auditor under road laws......... 2627 to 2628 Me) Poe OUIMEYy A FOIMGELS sickraccly c ive ao clot ectwlns dieaslewerele 2977 PP PEEOUMELY 1 SILEVEV OL iris cle cums sock > cece trace «as oe wine or 2822 7181 Of deputies of state highway commissioner........ 1181 Of officers and others in appeal cases.............. 6901 Of state highway commissioner.............seseeee 1180 FENCES — at beds wit ome pr OH I)itedscnccssic aa'cices. cs se seis olc'wwiers « 5941 Hedges on public highways............es006 5933 to 5938 OV EeWANGIN & ‘PLADEST. cuticle tae cV'svivs or.’ b/s naiein . 6948-2 Removal of, on public highway...-.....seecseeeees 8298-19 Removal of, on state road........ RI TELAT PS 1201 | - To be constructed by land owners on public roads. 5939 FINES — To be placed in county treasury to the credit of ShexrOaG oF ness iiatic vals oreo os ase Ss eee 13421-20 FIRES — Penalty for starting, on public highway........... 13397 FLOOD EMERGENCY ACT OF 1913 — Provisions for repair of roads under................ D042 % INDEX FORCE ACCOUNT — : Section Construction’ of :toads: byioriesissc oe. Ce ee 6948-1 Use: of; by. county “surveyors: ce eee eee 7198 Use. of; by~township’ trustees: .....cccaessessesacee 3373 FRANCHISES — Grant of, to street or interurban railways......... 7479 One stateshighways.7 sso. het ane oes 1227 G GLASS — Penalty for placing, on public highways.......... 13421-16 GRADE CROSSINGS. (See Railroad crossings.) GUARD RAILS. (See Bridges and culverts.) GUIDE POSTS. (See Sign-posts.) : GUN POWDER — Penalty for exploding, on public highways........ 12636 H HEARING. (See Petition.) HEDGE FENCES. (See Fences.) HIGHWAY — Defhinitidnsote 2 55 ceed ree Weer ee 1226 HIGHWAY ADVISORY BOARD — Abolishment: “Of i “tazuock poet ons ee en 1231-5 HIGHWAY IMPROVEMENT FUND. (See State highway improvement fund.) I IMPROVEMENT FUND. (See State Highway im- provement fund.) IMPROVEMENT. (See Construction, repair and improvement of roads.) Definition= Ofna ca sec cath bie eee 6862 INDUSTRIAL COMMISSION — CORB Cater Of.7 ace ane A ereae ere a ee ee 1218-1 Duties;*relative. tos hondSavsccut % Inventory of, by county surveyor furnished com- BISON ELS eee reieetriaarcnis stroke Seeten Lowe ieee news 7200 211 oS: Penalty for injuring or destroying................- 13421-6 316 i Penalty for possession of, without authority..... 13421-18 320 = Purchase of — : By commissioners and trustees.................. 7201 213: a BY County “COMBNSSIONELS ss 0's + ba vencieccctese os 7200 211 So By state highway commissioners................ 1231 72 Be) EO WAISDI p iEPUSECES 0%.o% or, stoic or’ s Grae cs sO exw 3373 267 CCEION eM ET tO™ PTO VIGG ar nasa howe ics oes Seon se 6959 193 1190-1 18 Store house and repair shop for..................05 3373 267 MAIN MARKET ROADS. (See also State roads.) Amount to be expended on by county or township. 1194 27 Application for state aid on two or more......... 1195-1 28 Application for, without petition................... 1204 85 Apportionment of state tax levy for................ 1221 57 Change of, by state highway commissioner....... 1189 15 Construction and improvement of.................- 1230-1 71 Contracts for construction and improvement of.. 1231 72 Co-operation of local authorities in construction Blid sta PLOVEMENt Estas hc sbiet oie, cee beens 1281 72 Designation of, by general assembly................ 6859-3 Yi) Duties and powers of state highway commissioner 3 Ie OUNCCLIOMM WIL; acct athe: Saas SEP ela 1184 ll 1224 63. EeTuployiMenbwof.-labOr a0 lies seo ab ees 1281 72 Extension of, through village.........2............. 1193-1 23 , Hearing on application for.........leeeeceeeecucccek 1230-2 72 List of, designated by state highway commissioner. .... 80 Method:of- payment ~of.co:<-sk2o.cecn. eh 1211 to 1214 44 Damconnny rine sR. Saas ates ees ee Nc 1220 57 Purchase’ of ‘materials for..c..c2..<.ssaehcnee ce, 1281 72 Resolution of commissioners and trustees relative thereto in application for state aid.............. 1193 eee Township trustees and_ state highway commis— sioner may co-operate in construction and . REPA OL mane von caren het tach oe ke 1192 22 MAINTENANCE. (See Construction, repair and improvement of roads.) eh 538 INDEX 5 MAINTENANCE ENGINEERS — Section Pages Appointment of, by county surveyor.............. 2788-1 107 25 MAINTENANCE SUPERVISORS — hs Appointment of, by county surveyor............... 2788-1 1972 MAPS AND PLATS — | ei Acceptance of, by county commissioners or town- =a Ship strustees yeciecac Samed ataceiivere Lees ancematers 1200 Som For inter-county and main market roads to be i made by state highway commissioner.......... 1196 29° To be furnished by county surveyor on request Ey of state highway commissioner.......ceeseeseee 1187 14 To be transmitted by ‘state highway commissioner ra to counties or townships............ ye ese 1199 31 a MARKERS. (See Monuments.) MATERIAL FOR ROADS — Application for, by county and township officials tot prison<- OMiClals. vs 'dec covet cee elne's Ee cart abreeee e 2232 284 Condemnation of — bi By county commissioners or township trustees. ioe 7214 to 7219 280 By state highway commissioner...........+++-+ 1202 34 County commissioners may contract with authori— ties 'fotiwe. sa Raa tcay Hear aa ora ica aan our 7518 294 County commissioners to provide.........--.+s+0e- 6958 192 Donations of, to township trustees........-.+eeeeee 3298-15j 241 3298-50 62. Manufacture of, by prison labor.......... 2233 to 2235-1 284 Payment, 0f:909%* of values Us. ove ca ssiacsee sie balesieine 1212-2 See Purchase and appropriation Of........-seeeeeeeecees 7560 885 = Purchase and manufacture of, by state highway = commissioner in connection with prison labor. 7497 289. 1224-1 65 Purchase of — 5 By county commissioners. ..+....ccesceeseeerees 7214 280 By. county Surveyor. ......s..teee. Yaichisicaey earoe 7198 21 By county surveyor or township trustees, from fo public institutions ...... din pre biel hac duate la iors 7203 pals. By township trusteeS..........ceceeesseeeee sees 7214 280 For. main. market roads... cit dense cee sden deme 1231 72 Land containing, by township trustees......... 3298-20 to 3298-22 245 Land containing, by trustees of one or more tia townships JFOiNtl yes. waiccuciss © sav ely cies gai/elnts 3298-23 246. |” INDEX + MATERIAL FOR ROADS -— Conciuded. Section Rc 5. Report of estimate of amount needed for coming ae year by state highway commissioner and = county commissioners to prison authorities... 7508 te Sale of, by township trustees...................0.. 3298-24 seh Mest Ser Oibe sf OTCGUR EES uige kas See cee SU os wad aaa Ga 1186 MAUMEE STATE ROAD — ES Provisions for transfer of, to counties............. 2 MEETING — Of county and township road authorities annually. 7189 METHOD OF PAYMENT — mae” Apportionment of costs ascertained by chief high- WEN RICE Mt. ice Latest risa kane Rae ee SS 1211 For construction of — Bridges and culverts on inter-county and main Aichi del pds): he (Ce Spee: papa tr ge oe 8a RE Rad 1197 For road improvement by township trustees.. 3298-13 Bs OneaPoa Cosi StiCte tiene vas oa sok hice ae ese os 3298-38 For state road upon county or township line. 1220 Inter-county and main market roads....1211 to 1214 HriEOA SGISELICES, tater casey Cee ne 3298-58a OME COUNTY TOAGS Hv a)c ox aera Geet ee es 6934 6944-1 Of preliminary expenses in case of state aid.. 1193 Roads, by county commissioners..........+..... 6919 Resolution of county commissioners or town- ship trustees relative to, on inter-county OPAMNains-matket TOAdS ces Pssk heats eae o ew lc 1194 Sidewalks along public highways............... 7205 When inter-county or main market roads are improved without co-operation of county OP LOWHSHID sie there. aches Rohe cote Se 1191 When property appropriated for grade cross— HEL Pes tates Ea Fenton Cisne Palpwteearcaakt stcas 7480 When road widened through municipality...... 6953 MINES — Excavation for, under or through public highways. 971 7493 to 7494 MONUMENTS — Penalty for altering or shen pb he bel ders teer ad taps ees pare 13421-4 Removal of, how rectified...........escccccecceeek. 6879-3 MOTORGVEHICEES 05 20000 oho ee 6290 to. 6310 12603 to 12628-1 Action — For injury caused by owner.................... 6308 44 » * -s ee 540 INDEX MOTOR VEHICLES — Continued. Section © Appeal when certificate revoked........... Oa padre 12607-2 Application — t For registration of motor vehicles............ 6294 Ofrchaufeutiawnz... teleRareanng a ain date arte tislu tetera eee oe Of manufacturer and dealer..............2-++% 6301 Bicycle — Rules for passing, on highway..............-.. 6310 Bill of, sales. -..%. BSBiah A nie Used BENE bee Ree vo Bae oe ORL OOS Cancellation — O£> registration, certificates. aatemcsdas ces nonceene 6294-1 Carriage — ; i Rules as to meeting, on highway.............. 6310 Certificate — Good for one year from January first........ 6297 ‘Chauffeurs — IA PplicattOn AO teal wan can wecwten maak eno ae Sateen, WOLD . - 6302 BAG Re! Of aa eccgettn aa eae wore e's's wate aig aipi\eelé pos ODOR Certificate of,° cancelled:...............s Cao aces coud Certificate revoked by court.......... aaa eats 12607-1 Examinations for ........ amore Sra dcied tpeaimanis OOUe Non-resident, when exempt from registration. 6303 Official Mist Oinwsite comet Re EI Seti REELS Fe . 6304 Penalty of, for failure to register............. 12620 Penalty of, for law violation...... Sa Se aie settee 9 2808 County clerk — To keep list of registered motor vehicles and SOWNES ==, ck suet = a eae aes aN dcelwaisir a Ono Dealers — , Application for registration of.......... oi lee eel OROL Definitions — Motorivehicleraix wotussoncsnvtecs Beisewa eh deen OCUO Motor vehicles relative to sales.......... Share . 6310-3 OWNERS dy caxwceweuess say NEA Re ORLae nee oe ee ear oe - 6290 Deposit of — TO: PSCCUTE* APD CALATICE cv aclere ia crt ieieiatels.c7s Cetavel Malarsie 12628 Examination — Of chauffeurs -..:.....% Pee ae an oe ... 6802 Fees. (See Registration fee.) Gross weight, how determined.............. Firestone 6298 Hearing — Before magistrate for violation of motor Velticle: la Wisi mare tit. o+ pretcrowsrere sieges teal oun’) 12626 INDEX 541 MOTOR VEHICLES — Continued. Section Page Horse back riding — Clean tes DISA WAY, dress Soe siecle chin cca wee oie vk 6310 459 Horse power — FLOW re COM PULE Cys Cras Cokin ere aa vats cetes seaite O200 449 Intoxicated persons — Penalty for operation by, of motor vehicle Of> PUDIICKMISHWAV + 5..5 sts saen cs cen nines ear 12628-1 482 Jurisdiction — PACH ON Se TOLy IJ ULV es conc < tow les hoes ero eawe 6308 456 deLgerIsea tax TOL Iss dss oo wee habe Paens Che cr oe euch coats 6291 448 PAPPOTLOMIMICMtecOL te sile baste cece son cook ban vk +. 6309 456 PUAN LOT OL cna ore Sats eee lo etek hay 6309-2 458 When yehicle purchased during the year.... 6295 451 PACERSE pas (TAGE Coes con oy So cae Se See u vine panies ae Ct 6292 448 Lights — Regulation: for, after dark. oo. 9o. 5. wapaccalowece 6310-1 460 S 12614-3 475 a Magistrate — For Hearing before, for violation of motor vehicle Tey RaW ire, ee tase ahicas oer tal iat ease .+. 12626 481 ” Proceedings, when not accessible.............. 12627 481 u 3 Manufacturer — £ Application for registration of...............-06 6801 453 = Meeting — Regulation of, on highway.............. SA Be 6310 459 Motor vehicle — WI elindHOre HOt Aas ee wonte roses takes no Ce 6290 447 Municipality — , Notwtosdiminish= speed-cof: sciawiviats tots scaeoeces 12608 473 Non-resident — Provisions relating t0..........0000% Rivretaelass see» 6306 456 Number plate — 3 IES PION NOP R tered acronis swe si ra - 63800 453 5 To be assigned to dealer..............0...¢ ‘isis POUL 453 ; Owner — oh Operating without consent of..............0e0- 12619 478 a Penalty for failure to register................ -. 12620 480 5 Ownership — : Transfer of, to cancel registration...... sates 6294-1 451 Penalty — Chauffeur permitting another to wear badge.. 12611 474 ieee te SUDSequent “Ofensewiacwrnone. cl ye S ciafetes SEOUL 474 False statement in application................. 12618-4 477 542 ee MOTOR VEHICLES — Continued. Section For acting as chauffeur without filing ap- plication with secretary of state......... .. 12624 subsequent offense .,.....+..-. hork ers «. 12625 For chauffeur failing to wear official badge.. 12610 For displaying wrong number........ Sek ooce bets . 12618 For failure of manufacturer or dealer to keep TECOLA:.Of see Poa tee haus aration op ae seen aye ate 13421-19 For failure of manufacturer or dealer to TELISTSH Sin cc osteoma stein ee A a CCE TS 32 A2OZL For failure of owner or chauffeur to register. 12620 For failure to display number.,.......++....+-. 12618 For failure to provide bell, brakes and lights. 12614 subsequent offense ......2.ceenseeeese 12616 For failure to stop in case of accident........ 12606 For failure to stop when signalled.......... «. 12605 For marking or damaging motor vehicles.... 12619-2 For operating improperly on public highways. 12603 For operating vehicle of a manufacturer or dealer, without. placards... 00.0.0. ceececeen 12622 For operating without owner’s consent........ 12619 For operation by intoxicated persons on public highway ccs cece ace Lechiacal derencsie Se hon PE IK) 12628-1 For private use of county.............++ eee . 13421-18a For removing number... ...cccc cet ee wees geeeeers 12613-1 For removing parts of motor vehicle.......... 12619-1 For sale of, when number removed...........- 12613-1 For starting motor without authority of O WHOL re Soilsw Wats pivots ero senate avers ate osaiche laiarers 12619-2 For stealing. i iiwie se cvice's tgs snentewsncedanense cis 12448 For ‘subsequent: offense. ic scenes scene cece ede eeee 12623 For third or subsequent offense..............-- 12607 For violation of law by chauffeur.............. 12609 For violation of law relative to meeting on public highway ...-.s.scueee cece erenceer renee 6310 For wearing badge of another chauffeur...... 12616 — “subsequent offense ...6. secre s cee esas 12617 Misrepresentation of bill of sale..........-...+5 6310-12 Operating with dealer’s number,............++- 12618-2 Operating with number of former owner...... 12618-1 Operating without bill of sale....... Ptah he 6310-13 Private use of public car........seeeee ees soeee ne L2880=1 Resident operating with number of another STATE 2 Linens veo SUS ste ted datos Hale eeaeee 12618-3 INDEX MOTOR VEHI-LES — Concluded. D>ection Proceedings — In case of violation of law relating to motor WENIGLEG om iiaia eR ee tin are a emiekicl ty aoearon 12626 Record of — Where kept /....... On SHEE card taste ie eo 6299 Registration — eancelia tian tee -cra sya. SO te tee ea cea 12607-1 6294-1 Ceriticnte+ of, How pissed ssinase toc wk cioditre lo ere 6298 ELOWat Obtained’ sere. wsthcs taclot cat cae ees 6294 Registration districts — Creamotte Oh uncann: eeushn areas eet he eat ce 6294 Wax apportionment 6% cise vag vaca eckcteet bose 6309 Tax distributed to.......... BocaRePN re es cess 6309-1. 6309-2 PVGVEIIUIES CISHOSIPLOM Ole ces nce eer pele ide 6309 Woe Ober eg ulated, sky lies vos cokes ede 6310-3 to 6310-14 Secretary of state — To assign distinctive number for different makes of motor vehicles................... 6301 To assign number to each motor vehicle...... 6298 To keep record of registration. ....2.....0c.000. 6299 Speed — Municipalities not to diminish rate of........ 12608 Meculateda Muar ceites eer aie ec ea 12603 Regulation of, by local authorities............. 6307 Trucks — . Bxcessiweipht allowed 21sssccs. alee tench one 7247 Liability for damages to roads.................. 7251 oadmand--speeds of sue yn cawlo cece a ues ee aoe 7249 HEOR MOT “OTE UAKI Gaon theese es ae es 7248-1 Docale regulations, -fOt. ess ee ek co 7250 Masimutp weight sOfscs see. son vieomoncnaankes bene 7216 Penalty for excess weight and speed............ 13421-17 Dipns (relative fo" weilghtvives ke okcdeaveel eee 7246 Wadthand height: Of5s.4. 04 bovtcas nae eon ek 7248-2 DVD omtimesu a siaeteNs pwc acts S Boa a ele, 7248 Vehicles — Rules. of meeting, on public highway.......... 6310 WSedh ott “Saleh kis trie ca Aaldnerneeaet wan 6310-7 WELCH COMIN OM SCALTIEts isso one eet hans 614-2 301 320 299 459 44 INDEX MUNICIPALITIES — Section Construction of roads through, by county com-— MISSIONETS ~F.ssiclaceceeveccincs cbs ceeevesaess00s0 tO 0008 Laying of pipe lines by, on public roads..3995 to 3997 Prison labor upon streets of............+.--7504 to 7505 Provisions relating to streets in........ +,+---8714 to 3783 Villages — Extension of road improvement into or through ......... PE RC TT ete 1193-1 to 1193-2 To co-operate with state in construction and improvement of main market roads..... wear = l2or NAILS — N: Penalty for placing, on public highways.......... .. 18421-16 NATIONAL ROAD — Provisions relative t0........-.-- Te Sire 7588 and 7535 NON-RESIDENTS — INGE Ce) tO vestoen tet eaiecaa wat catistanay apr sae cam ries Sar. SPOON 6888 ‘NOTICE — By township trustees...........++0.++2++- PSE ee . 3298-7 Date of, in appeals........s.+..seeees SP niles Kamae, Come How given to non-residents..........++..+- Arcee ER oe ORL Of additions or changes in main market or inter-county roads by state highway commis- SIOHET a mae OSE at siine es rine Rind eee IOS Of assessment for construction of sidewalks...... 7206 Of assessment on main market and inter-county highways when constructed without co-opera- tion of county or township............. By icte vm gromreLe Of bids for repair of roads........... ah ek Vaatesteas. “S298-1bE 6961 Of estimated aSS€SSMENt....... ee eeee eens ee teseeeees 8298-15a 3298-41 6922 Of hearing on aSsessment.......+es++sseees Seceeece O2I8—LOC Of hearing on petition for lane or road outlet.... 6888 Of improvement by county commissioners......... 6912 Of improvement in road districts....... 5 SNE ».. 8298-46 Of intention to appeal....... iia Sadho cantare 6891-1 Of letting contract for extra work..........-+++++:- 1210 Of proceedings to appropriate property..... Famer ey Ev) 7471 Of sale: of bonds.).e& 03.0300, ort ceatee sors Pwis .. 8208-15e INDEX _ NOTICE — Concluded. OTe SUnVEVOL SMP CDOLE vaca avics asia pd seperti clectineeeete Of tax exemption election................ ss hes Publication of — By council, relative to co-operation with COUNTY =. taovewss 9 ASE Soe ee eine Ree By county commissioners for letting contracts. By county commissioners, relative to hearing on petition ....... Se tihereinre ore Cire Sa Srah is wields neta On improvement by joint board................ Relative to bids for construction of inter- county highways .......e...e.. UL Gauaneraot ne Relative to road in road district..........se0e0% To abutting owner of apportionment for con- struction of inter-county or main market roads. To landowners, of hearing on claims.............. To non-residents, in proceedings for appropria- Honors land.jossseiass seas t oh bikinis Vee eS ieren ge oe To remove obstructions on highways............00. ae re) OBSTRUCTIONS ON ROADS — _ Bond conditioned against, while excavating under aa WighWaysies. By railroad companies...... Datineniet Benaltys £0te placings secs scotsaesce ences Seats n= municipalities). sic csesocs ce’ Reais sia viata cea Tacks, bottles, wire, glass, nails or other.... Without permission of legal authority........ A Removal of — ee By adjoining landowners.............ss0+0s ey ay By public utility companies.............. waidtaeea MeAperAatltda dBCKOSSINGES mises temccss im coco oane SILO carte a 3 Metta s seers Soage aet Beir e cake tia Nieha ae To be enforced by State Highway Commis- oe StONEHeencgtiek Saves bose ee ASE SRSA OS Sa Unlawful, without consent of county surveyor, = Or township’ trusteéss.:0.%..05s0sse;sstecdie. pate OFFICERS — Penalty for resisting...... EECA A Se HERE EE ie - OHIO BOARD OF ADMINISTRATION — moptarish=road.material-< cs cic iv cack ches oh ae Ses OHIO STATE UNIVERSITY — Apparatus and supplies of, to be used by state oes highway commissioner ....... She Goar iste RR oe Section 6879-1 6926-2 7494 7475 13421-11 13421 13421-16 13421-14 7204 7204 7471 3374-1 1201 7202 13421-10 1224-1 545 Page 144 167 183 176 546 INDEX Section ONE-HALF MILE ASSESSMENT. (See Assess- ment.) ONE MILE ASSESSMENT. | (See Assessment.) OUTLET — Petition to obtain, through lands of another.... 6887 to 6889 Pr PATROL — Establishment “of, In-“COUNLY.. 0.0. eo che esse ewetere 2788-1 i On county: roads. <.....62ceeseeeseees RCE en a wee 6957 192. Gee Onistate highways ncsaaseee otieen hls tsecewlenmente » 1221 o7 a PAYMENT. (See Compensation and damages; - Method of payment.) ae PAYMENT OF ESTIMATES — : as By .township trustees upon approval of county ve highway superintendent ............ Saray fre . 8298-151 242 e: CONGITIONGY LOL hace codon oon em ccleo an oNae melee nee eae 8298-15h 239 ee 3298-48 260 am On approval of State Highway Commissiqner eats 1212 44 SRS On *materials/ delivered <4 594. coc onen ete A ApoE «... 6947-la 180 Percentase toe bei paid \ivovsescee as oteiccsa cae do sears 3298-52 2620 6947-1 19 aaa When certified by Industria] Commission...... eae MDLeAL 55 ae PENALTIES — , ae For violations of road laws............-- 13421-8 to 13421-22 316 PENCE LAW — Relating to lights on motor vehicles.... 6810-1 to 6310-2 460 PETITION — Application | fo \commisslonerseii. oo nckiedineis aisle aiaibie 6862 186.33 Bond of petitioners....... Fae AN Re ae A eGo 6863 187. By abutting owners for state aid..............++.. 1204 85 By board of education...... SRB ORY Okt oR Le SIRENS aco 6862 136 By owner, to change road running through his he Arid ha heeicons cpu eupialie vee SPE APS Shae asthe creas 6880 1446/0 By owner, when change of road located in two : OF “MOLE: COUNTIES ys o.kias nine pics cclseln cain sas /eieces 6883-1 By real estate owners to township trustees........ 8298-2 8298-27 Final -hearitig2 On. .0¢ o0ceisiecea Ro estrelaie naan Sane - 6869 For construction of sidewalks along public high- WAYS” Site kon toutes ossee ees aoe Palais Lewes asain «. 7205 For finding true line of road...........-.,.seseees 6879 For increase in width of state roads.......... wees 1198 y < Z - ear ~ INDEX PETITION — Concluded. Section For roads across or upon county lines...... 6874 to 6878 Grant or refusal of........ Sarai eiigin bars Pale aise She BERS 6867 Hearing on — By county commissioners............... Sa Nees 6863 6882 For inter-county highways............... a thgh Sice 1205 To county commissioners for construction of EG AG Mery sachet Meat tract ieOr wea 4 Wa dbad dineberce iat peice Pree es 7518 Guards to “SUPerviSescsc.abwniec cece cess iarescer ieee 7512 -Power of state and local authorities to make provisions relative to, effective.............-.. 7514 Provision for use of, in contracts let to private individuals for construction and repair of LOAAS ie dnares's Regt ode ta tiene ds Cape ee ee Aon cele ema 7507 Relative to roads and road materials..........-..... 1224-1 2228 to -2243 Requisitions for, how filed......:....seeeeeeeeeeeee 7499 Use of — From jail and workhouse.........-+sssseeeeeeeee 7500 On inter-county or main market roads...... 7496 Upon county roads.......6.0- Soa ccars eeemhe a . 7498 Upon streets of municipalities.......... 7504 to 7505 When cannot be employed on highways......-.... 7501 When subject to work on highways........ 7502 to 7503 PROBATE COURT — Appeal to — By landowner from finding of joint board.... 6938 By persons not satisfied........... Rabieieesomuatces 6873 From finding of county commissioners........ 2427-5 6916 From finding of township trustees............ 3298-11 From order of commissioners........--s+.+++-- 6885 In appropriation proceedingS.......ssssseeseeeee TTL On hearing for compensation and damages.... 1190 Judgment of, in road cases reviewable by error PFOCEEMINGS ... es cececercccecsersecreccerescens 6904 Order of, when appropriation proceeding aban- GOnedor swe acase euixaee cde Seam caenaees agen ay chee a arson Proceedings in — For appropriation of land for road purposes.. 1201 On appeal Cases.......2+eeeeeres cesses se 6894 to 6897 PROSECUTING ATTORNEY — Duty of, in prosecuting violations of road laws.... 13421-22 May proceed against petitioners for costs.....-... 6868 PUBLI2 FUNDS — Transfer of, how: madezssc. dem eaeus’ ..-.2296 to 2302 PUBLIC INSTITUTIONS — is Purchase of material from......-...+- een eee 7208 Road over Jands belonging to..........+++- Soe hig 28 : with “county. en tishda saeewe sons ses 3298-58a Creation of, by township trustees.............s.0.. 3370 Township, outside of municipalities...... 8298-25 to 3298-538a When dissolved, how roads kept in repair.......... 7129-1 Ss SALARIES. (See Fees, compensation for services and salaries.) SAVING PROVISIONS — Relating to pending actions and proceedings.302 to 304 SCHOOL DISTRICT — PetitiOnefor 1 FOad adie ais tas aiesiataltoe's ctucieiaeins cen sate els . 6862 SECTION MEN — Appointment and duties of..:......+-.++- 6957 to 6964 BOnd'<0f 72. Suaceows Veen ERE TIA ee 6962 Gompensation: & £Os 2.1 canes snvonteate sede ve Peake Ic ..» 6963 SERVICE. (See Notice.) SIDEWALKS — Construction of — Along public highways upon petition.......... 7206 Approved by county SUrVeyOF......++...sseeeee 7206 Grade-and. width of.............. Oct peau hin .. 7206 SIGN-PCSTS — : Advertising, near railroad crossings prohibited.... 7204-1 to 7204-3 Erection and maintenance of, by county surveyor. 7196 May be attached to telegraph and telephone -poles on public highways..........+.-..+++ wa neste eas 7469 Penalty for altering or destroying..............+- 13421-3 Page 159 211 421 STATE AID — Application for — Approval of, by state highway commissioner.. By county commissioners.............cecseeees By township trustees...... AE Ran ae Baw oraeeete BRETECLOR SN Sctanttosic ast cnecs Sout nee aR are Petition by owners abutting on inter-county or main market road to county commissioners BOT abe Nae sisi sticks soe oo Danica cages t Deiaae ie Beesolution, s«< cesses ccbecne 3298-15n Joint board of, to control property bought Rointie for road purposes....... oBlemeeiae tsi vid oaeisiee cars 3298-23 Mbiabilievarar, “fOr. damages. ssi. c./.. cee ts we Seuscbieuee 3298-17 May assume entire cost of road construction in excess of amount received from the state...... 1217 May bring’ suit for injury to roads..... Saieamenrncee 8298-16 May contribute to the maintenance of county POG store's! cake ta ofS oS hla e’ oreo Mia's aoe Cate areh ess 7467 May co-operate with state in construction and improvement of main market roads....... eee 1281 _ May pay cost of increasing width of state roads.. 1198 _ Notice of improvement by.......... site niast af sidlante atts _ 8298-7 . Penalty for failure to perform duties of office.... 18421-5 i 411 352 269 225 227 re se oA 558 INDEX TOWNSHIP TRUSTEES — Concluded. Section — Penalty for violation of traffic regulations adopted Dy? Saisie victeracs aide Getter tere amen ners atten cee 12532 Permission of, to lay pipe line on township road. 7495 Petition: to; by slandownersss ssiioseias aw cos cane eee 8298-2 Planscand estimates. .e.tse aieRateveeey Eee -. 3298-6 Power of, to remove fences on public highways. 3298-19 Powers of, in road districts........ a aitoreigi ie tisite tens 8298-26 Powers of, when assessments not paid............ 6956-16 Provision by, for planting trees and shrubs...... 7468 Purchase by — Of roadsimaterial as coccwvardaesentalcste eae Sin liars Report of,..to county surVeVOLs. sce cee verse boats 3379 Resolution of, adopting maps and estimates of State highway commissioner..............00.+05 1200 Resolution of, relative to state aid........... Pe ts) Shall fix compensation of township highway Stipebintendernityinctits canacemnwn voc od all's eae eens 3371 Shall maintain: township roads.................ee0es 7464 Tax levy by — For construction, repair and improvement of TOMAS 2 rare ters iaiond pst aie Saint ohinre ak oars eateries 8298-15d 3298-18 For) purchase of machinery. os .ccsnae ctae? +. 7201 POre TOA day GISteiCtSeste von net esse deter pac eens ae 8298-44 To pay township’s proportion of cost of state NOAA Mdesaceces Bictaelaapiara cleat atamtetn ate eaeidtarstas Alar 1222 To provide watering troughs.......... aca Ronse 7491 Terms of purchase of machinery by.......-..++.+++ 7201 To certify assessment against railway company... 12314 Eransters,Ofe-Tunds Dy wavias-of, jon -paada. ic. fs sicespuss« qeaeleeeas cneleO Penalty for failure to destroy, on public high- WAYS sh fomceud tageaten seaside rece caimee ce nae aerate WERTZ LAW — : Relative to prison labor on roads..........2228 to 2243 To renew DATE DUE call 292-3900 cS =| bs (wre) | RO + S| 6 Go The Ohio State University Form 10620 wii i My I ll ] iui l Nea “2. “Ot "Be 08 ‘010 9