of a mill, nor more than three mills; in counties where the SEC. 18. That if the trustees of any township shall deem Additional an additional road tax necessary, they shall determine the road tax. per centum to be levied upon the taxable property of their respective townships, not exceeding three mills on the dollar, and shall certify the same to the county auditor in writing, on or before the first Monday of June in each year; and the auditor of the county shall assess the same on the taxable property in the township not included in any city, town or incorporated village, and the same shall be collected in the December installment, and paid out as other taxes, except as hereinafter provided. SEC. 19. That the auditor of each county, immediately after the county commissioners and trustees of townships at their annual sessions for that purpose, have determined the amounts to be assessed for road purposes in their respective counties and townships, shall give notice in some newspaper in general circulation in the county of the per centum on each hundred dollars of the valuation so determined to be assessed in such county and township respectively, and that said tax may be discharged by labor on the roads under the direction of the supervisors of the several districts, and shall make out a list of the name of each tax payer, of the amount of the road tax with which each stands charged, and transmit the same to the clerk of the proper township. Duties of county au ditors. Rate per day for labor. SEC. 20. That it shall be duty of the township clerk, im- Duty of mediately after the reception of such list, to make out and township deliver to each supervisor aforesaid an abstract of the amount clerks. of road tax each person in said district is charged with. SEC. 21. Any person charged with a road tax may dis charge the same by labor on the public highways within the district where the same is charged, within the time designated in this act, at the rate of one dollar and fifty cents per day, and a ratable allowance per day for any team and implements furnished by any person under the direction of the supervisor of such district, who shall give to such person a certificate specifying the amount of tax so paid, and the Certificates. district and township wherein such labor was performed, which certificate shall in no case be given for any greater sum than the tax charged against such person, and the county Taxes to be expended in townships where collected, etc. Passways for use of land holders. How vacaney in office to be filled. treasurer shall receive all such certificates as money in the discharge of said road tax. All road taxes collected by the county treasurer shall be paid over to the treasurer of the township from which the same were collected, and shall be expended on the public roads in the township from which the said taxes were collected, under the direction of the trustees of the proper township, and all funds heretofore levied for road purposes, and not expended, shall be expended by the trustees as other taxes collected under the provisions of this act. SEC. 22. That any landholder through whose land any state, county or township road is now or may be hereafter laid out and established, is hereby authorized, under the direction of the supervisor of the proper district, to construct a passway or passways, either over or under such road or roads, so as to permit the stock of such landholder to pass and repass; provided, that such passway or passways shall not be constructed over or under any road within the limits of the outlots of any city, town or village, and shall not hinder or obstruct the travel on such roads; provided, further, that the said passway or passways shall be kept in good repair at the expense of such landholders. SEC. 23. That when any vacancy shall occur in the office of supervisor by death, resignation or otherwise, the trustees of supervisor of the township wherein such vacancy occurs, shall appoint some suitable person to fill such vacancy; the person so appointed shall, before entering upon the duties of his office, take an oath or affirmation to faithfully and impartially discharge the duties of his office, and shall be under the same restrictions and penalties as though he had been duly elected and qualified. Penalty of or neglect to No work to be done on roads not established by law. SEC. 24. That each and every supervisor who shall neglect or refuse to perform the several duties enjoined on him by this act, or who shall under any pretence whatever, give or sign any receipt or certificate, purporting to be a receipt or certificate for labor or work performed, or money paid, unless the labor shall have been performed or money paid prior to the giving or signing of such receipt or certificate, shall forfeit, for every such offense, not less than five dollars nor more than fifty dollars, to be recovered by an action before any justice of the peace within the township where such supervisor may reside; and it is hereby made the duty of the trustees of the township to prosecute all offenses against the provisions of this section; provided, that if any supervisor conceives himself aggrieved by the judgment of such justice of the peace, he may, on giving sufficient security to said justice for the payment of costs, appeal to the court of common pleas, who shall make such order therein as to them may appear just and reasonable. SEC. 25. That it shall be unlawful for any supervisor to perform or cause labor to be performed on any road not regularly laid out and established by law. SEC. 26. That each and every supervisor who shall cut and take any timber, stone or gravel, for the purpose of making, improving or repairing any road or building, or repairing any certificate for timber, gravel, etc., bridge or crossway within his district, shall, on demand of Supervisor the owner or owners of the lands, their agent or agents, or shall give the guardian or guardians of any ward, or the executor of any will having the lands in charge, from which timber, stone or gravel were taken as aforesaid, shall give a certifi- used. cate showing the quantity of such timber, stone or gravel, with the value thereof respectively, and the time and purpose for which the same were taken. SEC. 27. That any person or persons who shall receive a certificate as provided for in the foregoing section, shall present the same to the county commissioners of the proper county at any regular session of said commissioners, within twelve months after the taking and carrying away of such timber, stone or gravel, and the commissioners being satisfied that the amount as aforesaid is just and equitable, shall cause the same to be paid out of the county treasury; but if not so satisfied, they shall determine what sum, in their opinion, would be just. County com missioners to redeem such certificates. tion of super Supervisor shall cause obstructions to be remov ed. pervisor as SEC. 28. That each supervisor shall receive for his ser- Compensa vices two dollars per diem for the time actually employed on the roads, deducting the commutation for his two days' labor. SEC. 29. That at any time during the year when any pub. lic highway shall be obstructed, it shall be the duty of the supervisor of the district in which the same may be, forth with to cause such obstruction to be removed, for which purpose he shall immediately order out such number of persons liable to do work or pay tax upon the public highways of his district as he may deem necessary to remove said obstructions; if the person or persons thus called out shall have performed their two days' labor upon the public highways, or paid their road tax, the supervisor shall give to such person or persons a certificate for the amount of labor performed, and said certificate shall apply on the labor or tax that may be due from such person or persons the ensuing year. SEC. 30. That it shall be lawful for the supervisor of road districts, bordering on the state line between Ohio and any adjoining state, when a public highway has been located upon such state line in accordance with and under the provisions of the laws of the state of Ohio, to apply the labor of said district upon said roads in the same manner as on other roads located within the boundaries of this state; and in case any public road is or shall be established as a part of the line or boundary of any township, or incorporated village or city, the trustees in such adjoining township or townships and council of such incorporated village or city, as the case may be, shall meet at some convenient place as soon after the first Monday of March as convenient, and apportion such roads between the two townships, or township and village or city, as justice and equity may require, and the trustees in their respective townships or village or city council, shall cause said road or roads to be opened and improved accord. ingly. Duty of suto border roads on state, township or town lines. Penalties for obstructing roads and SEC. 31. That if any person or persons, corporations, or any conductor of any train of railroad cars, or any other agent or servant of any railroad company shall obstruct, unnecessarily, highways. How fines are be disposed to b of. liable for their employes. any public road or highway authorized by any law of this state by permitting any railroad car or cars, or locomotive, to remain upon or across any public road or highway for a longer period than five minutes, or shall permit any timber, lumber, wood or other obstruction to remain upon or across any such rood or highway to the hindrance or inconvenience of travelers, or any person or persons passing along or upon such road or highway, every person or corporation so offending shall forfeit and pay for every such offense, any sum not exceeding twenty nor less than two dollars, and shall be liable for all damages arising to any person from such obstruction or injury to such road or highway, to be recovered by an action at the suit of the trustees of the township in which such offense shall have been committed, or any person suing for the same before any justice of the peace within the county where such offense shall have been committed, or by indictment in the court of common pleas in the proper county; and all fines accruing under the provisions of this section, when collected, shall be paid over to the treasurer of the township in which such offense was committed, and by the trustees applied to the improvement of roads and highways therein; and every twenty-four hours such corporation, person or persons as aforesaid, after being notified, shall suffer such obstruction, to the hindrance or inconvenience of travelers, or any person or persons going along or upon such road or highway, shall be deemed an additional offense against the provisious of this act. SEC. 32. That every railroad company or other corporaCorporations tion, the servant or servants, agent or agents, employe or or employes of which shall, in any manner, obstruct any public road or highway, shall be liable to pay all fines which may be assessed against such servant or servants, agent or agents, employe or employes for so obstructing any such public road or highway, and such liability may be enforced by execution issued against such railroad company or other corporation on the judgment rendered against such servant or servants, agent or agents, employe or employes, for so obstructing such public road or highway. Acts repealed Proviso. When first meeting of trustees shall be held. SEC. 33. That the act entitled "an act relating to roads and highways," passed February 27, 1867, and the act entitled "an act supplementary to an act entitled 'an act relating to roads and highways,'" "passed February 27, 1867; passed April 8, 1867, be and the same are hereby repealed; provided, that such repeal shall not prevent the trustees of any township from executing any contract entered into by them under the acts hereby repealed for the purpose of repairing or building bridges, or for other purposes, and paying for the same out of the road funds of said township; and provided, further, that the first meeting of the township trustees shall be held on the third Monday of March, 1868, instead of the first Monday, as provided in the first section of this act. SEC. 34. This act shall take effect and be in force from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. President pro tem. of the Senate. Passed March 9, 1868. AN ACT To amend section three of an act entitled "an act to restrain dogs from running at large at night, and for the protection of sheep," passed March 24, 1863, passed April 4, 1866, (63 Ohio Laws, 94.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three of the act entitled "an act to amend an act entitled 'an act to restrain dogs from running at large at night, and for the protection of sheep,' passed March 24th, 1863," passed April 4th, 1866, be amended so as to read as follows: Section 3. That if any dog or dogs, owned, harbored, or kept by the same person, shall kill, worry, or injure any sheep, lamb, goat, or kid, the owner, harborer or keeper, of such dog or dogs shall be liable to the owner or owners of such sheep, lamb, goat, or kid, for all damage done by such dog or dogs. And if any dog or dogs owned, harbored, or kept, by two or more persons, or any two or more dogs, owned, harbored or kept by different persons, shall kill, worry, or injure any sheep, lamb, goat, or kid, the owners, harborers, or keepers of such dog or dogs, shall be jointly and severally liable to the owner or owners of such sheep, lamb, goat or kid, for all damage done by such dog or dogs. SEC. 2. That section three of the above recited act be and the same is hereby repealed; provided, that the repeal thereof shall not affect any rights acquired or liabilities incurred under said section. SEC. 3. This act shall take effect from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. Owner of le for sheep, lambs, &c., injured or killed. Owners of two or more dogs jointly and severally liable. dog or dogs President pro tem. of the Senate. Passed March 13, 1868. |