m 
 
1 LIBRARY OF CONGRESS. | 
 
 UNITED STATES OF AMERICA. 
 
 i 
 
A MANUAL "-^^^ ^^, 
 
 FOR 
 
 ROAD SUPERVISORS 
 
 I 
 
 IX oil 10 
 
 CONTAIXIXG THE PROVISIONS OF LAW RELATIXG TO THE DUTIES 
 OF THESE OFFICERS 
 
 WITH. 
 
 NOTES OP DECISIONS, NUMEROUS FORMS, 
 AND PRACTICAL SUGGESTIONS. 
 
 foubth MurisED ei>ition. 
 
 BY ^ 
 
 FLORIEN GIAUQUE, 
 
 Editor of the '' Revised Statutes of Ohio," Author of 
 
 " Settlement of Decedents' Estates," '*A Manual 
 
 for Assignees," *'xA Manual for Guardians 
 
 AND Trustees " etc. 
 
 
 CINCINNATI 
 ROBERT CLARKE & CO 
 
 1894 
 

 .©s 
 
 GrA- 
 
 v€'1^ 
 
 COPYRIGHTED, 
 
 ROBERT CLARKE & CO. 
 
 1882, 
 
 COPYRIGHTED, 
 
 ROBERT CLARKE & CO. 
 
 1894. 
 
 i^'9dh3 
 
>«5I 
 
 PREFACE 
 
 AND EXPLANATORY MATTER. 
 
 In this little manual, the author has tried to furnish super- 
 visors a practical and cheap guide — to tell them, in plain lan- 
 guage, what their duties are under the codified laws, and how 
 to perform these duties. To this end, he has tried to give the 
 substance of these laws, and of all reported decisions of our 
 courts bearing on the subject, to give complete references to 
 these laws and decisions, to furnish all necessary forms, to 
 make such practical suggestions as seemed useful, to give a 
 good index to all of this, and to arrange, classify, and have it 
 published in such a way that it will be easy to refer to, and to 
 carry about the person, or suitable to have in the office or li- 
 brary. 
 
 The numbers at the beginning of each paragraph indicate 
 the number of that paragraph in the chapter, each chapter 
 having its own series of such numbers. The numbers in large 
 figures inclosed in parentheses, found either at the end or in 
 the body of the paragraph, refer to the sections of the law as 
 numbered in the Revised Statutes of t]^ State of Ohio. Para- 
 graphs or parts of paragraphs not followed by such numbers 
 are generally the suggestions of the writer. The small fig- 
 ures refer to the notes below, which generally consist of de- 
 cisions of our own Supreme Court, and have, therefore, all the 
 force of law. The decisions quoted from the Ohio Reports are 
 indicated thus: 19 Ohio, 367, and would mean that the case re- 
 ferred to is found in the nineteenth volume of the Ohio Re- 
 ports, on page 367 ; and 26 Ohio St. 196, would mean that this 
 case is found in the twenty-sixth volume of the Ohio State 
 Reports, page 196. W. means Wright's Report. 
 
 Cincinnati, June, 1882 F. G. 
 
 (iii) 
 
PEEFACE TO FOUKTH EDITION. 
 
 Since issuing the third edition of this book, the legisla^ 
 ture has repealed all laws requiring persons to labor two 
 days each year on the public roads (see note on page 12), 
 thereby radically changing the entire system of road re- 
 pairs, at least in theory. But said roads must still be kept 
 in repair and free from obstructions, under the direction of 
 the road supervisor, by means of road taxes, which may 
 be paid in money, or worked out as formerly. These 
 changes in his duties, and the new duties imposed on him 
 in late years as to stock running at large on the roads , as to 
 hedges on the wayside ; as to weeds, briers, brush, etc., in 
 the roadway ; as to drift in streams, ditches, etc. ; as to the 
 making and cleaning of ditches themselves ; new road con- 
 struction under his direction, etc., make him one of the 
 most important of our lesser officers. It is therefore highly 
 necessary that he have at hand the means of knowing what 
 these duties now all are, and how to go about fulfilling 
 them, and also what are such no longer. To this end this 
 new edition is prepared. 
 
 As explained in th# Preface to the first edition, numbers 
 in the body or at the end of a paragraph, and in parentheses, 
 for instance (4889), show in what section of the statute the 
 law in that paragraph can be found. If such numbers are 
 now followed by others, for instance (4889, 91 0. L. 355), it 
 means that the law is from section 4889, as amended in vol- 
 ume 91 Ohio Laws, page 355. 
 
 Laws which refer to one county or neighborhood only 
 are not given, and have not been, in any edition. 
 
 Florien Gtauque. 
 
 Cincinnati, July, 1894. 
 
 (iv) 
 
ROAD SUPERVISORS. 
 
 CHAPTEE I. 
 
 RELATING TO ELECTION, OATH, BOND, ETC., OF SUPER- 
 VISOR. 
 
 1. Township trustees must divide township into road districts, 
 etc. On the first Monday of March of each year, the 
 township trustees must, 1st, divide their township into 
 road districts, when not ah^eady so divided, or alter the 
 existing districts, as they may deem proper; 2d, have a 
 description of such districts, as so made or altered, en- 
 tered in the proper township record ; 3d, give notice of 
 the number of supervisors to be chosen in the township. 
 They must also cause due notice of the time and place 
 for the election of supervisors to be given. (1457, 1503, 
 1445, 1446.) 
 
 2. Supervisors are township officers when elected, etc. Super- 
 visors of roads are regular township officers,^ and must be 
 elected at the annual township election, on the first Mon- 
 day of April, in the same way as other township officers 
 are chosen (1442. 89 0. L. 195; 1448, 90 0. L. 144); subject, 
 however, to the following special provisions: 
 
 3. Who may he supervisor, and how elected. Every super- 
 visor of roads must be a resident of the district for which 
 lie is elected; and no elector shall vote for more than 
 one supervisor of roads, or for any person for that office 
 who is not an actual resident of the district in which said 
 elector resides; and if a ballot contains more than one 
 named for the oftice of supervisor, or if it appears to the 
 satisfaction of the judges of election that an elector has 
 voted for any pei^on for that office other than for the dis- 
 trict in which such elector resides, such vote, as to that 
 office, must be deemed void; and if, on counting the votes, 
 it appears that there were more votes given for supervisor 
 
 (1) A supervisor of roads is an officer, within tiie meaning of section 20 
 (now sec. 69u8). whicli provides as follows: "That if any person sliall abuse 
 any jndi:e or justice of the peace, abuse or resist any siieriff. constable, « r 
 other officer in the execution of his office, the perso7i so offendini?," etc. 
 Woodworth v. State, 26 Ohio S. 19G. (See paragraph 17, Chapter IV.) 
 
 To constitute the offense of re-istinp: an officer, under the above section, 
 It Is not necessary that the officer should be assaulted, beaten, or abused, lb. 
 
 U) 
 
ROAD StJPERVISORs' MANUAL. [CHAP. 
 
 of a district than there were resident electors of such dis- 
 trict voting at such election, the judges must declare the 
 election, as to that district, void ; and the vacancy nnust 
 be filled by the trustees as in other cases of vacancy. 
 (1456.) 
 
 4. Penalty for refusing to serve, how collected. A person 
 elected or appointed supervisor, who neglects or refuses to 
 serve, must lorfeit and pay to and for the use of his town- 
 ship the sum of two dollars, to be recovered by an action 
 before a justice of the peace of said township;^ and the 
 township clerk must, in the name of said township, collect 
 said money, by suit, if necessary, and pay it over, when 
 collected, to the township treasurer; but no person shall 
 be compelled to serve in a township office two years in 
 succession. (1449.) 
 
 6. Vacancies^ and how filled. In case no annual elec- 
 tion is held, because enough voters do not assemble to 
 hold it, or if, by reason of non-acceptance, death, or re- 
 moval of a person chosen supervisor at an election duly 
 held, or when, from any other cause, a vacancy occurs in 
 the office of supervisor, the trustees of the township must 
 appoint some suitable person to fill the vacancy, who must, 
 before entering upon the duties of his office, take an oath 
 to faithfully and impartially discharge the duties of his 
 office, and shall be under the same restrictions and penal- 
 ties as though he had been duly elected and qualified. 
 (4741, 1451, as am. 87 v. 119.) 
 
 7. Oath and bond. Each person chosen or appointed to 
 an office under the constitution or laws of this state, must 
 take an oath of office.^ (2) The township clerk must, within 
 ten days after the election or appointment of the super- 
 visor, notify him thereof, by the constable, in the manner 
 required by law, and require him to appear before such 
 clerk or other officer authorized by law to administer oaths, 
 and take the required oath of office, and give bond, within 
 ten days after such election or appointment. (1453.) 
 
 8. It is best to take this oath before the clerk, as it 
 must be recorded by him, no matter who administers it'. 
 If administered by some other officer, the law imposes 
 upon such officer the duty of making a certificate of the 
 oath to such clerk, who must then record the oath. (2, 5, 
 1453, 1454.) But this is more troublesome, is liable to be 
 more expensive, and to be in part neglected, if not done 
 before the clerk himself 
 
 9. A supervisor's oath is in substance as follows: (3) 
 
 (1) A person refusing to serve as supervisor, after being elected or ap- 
 poinled, is liable to a fine of two dollars. But he can not be compelKd tc 
 accept any other township office at the s:ir.ie time he holds the office ot su- 
 pervisor. Hartford T'. Bennett, 10 Ohio S^ 441, . ^ ^. 
 
 i2) The Constitution of Ohio (art. XV. sec. 7) also requires such oath. 
 
I.] ELECTION, OATH, BOND, ETC. 3 
 
 The state of Ohio, ) ^^ 
 
 County, Township. J ^^' 
 
 Before me, C D , clerk of said township, per- 
 
 r-onally came A B , who, being duly sworn accord- 
 ing to law, says that he will support the constitution of 
 the United States and the constitution of the State of 
 Ohio; and that he will faithfully discharge his duties as 
 
 supervisor of road district No. , of township, 
 
 county, Ohio, during his continuance in said office, and 
 until his successor is chosen and qualified. 
 
 A , B — ™. 
 
 Sworn to before me, and signed in my presence, on this 
 
 day of , A. D. 18 — . 
 
 C— D- — , Township Clerk. 
 
 10. The failure of the super^nsor to take the oath does 
 not affect the liability of his sureties. (2) 
 
 11. Before entering upon the discharge of his duties, 
 each supervisor of roads must give bond, with sureties 
 approved by the trustees, in such sum as they deter- 
 mine, payable to them, and conditioned for the faithful 
 performance of his duties, which bond must be deposited 
 with the clerk; and if he fails to take the oath and 
 give the bond required, within ten days after his election 
 or appointment, he must be deemed to have declined to 
 accept, and the vacahcv must be tilled as in other cases. 
 (1515; 19, 1453, 1455.) 
 
 12.^ Form of bond. The following is the form of a super- 
 visor's bond: 
 
 Know all men by these presents : That we, A B , 
 
 as principal, and C D and E F as sureties] 
 
 are held and firmly bound under the trustees of 
 
 township, in the county of- , and State of Ohio, in the 
 
 sum of one hundred dollars, to be paid to the said trustees 
 of the township aforesaid, for the payment whereof well 
 and truly to be made, we jointly and severally bind our- 
 selves, our heirs, executors, and "^administrators firmly by 
 these 2>resents. 
 
 This done and signed by us, this day of — — , a. d. 
 
 The condition of the above obligation is such, that 
 
 whereas the said A B has been duly elected and 
 
 qualified as supervisor of road district No. of 
 
 township, county, and State of Ohio, for the 'term of 
 
 one year from the day of April, a. d. 18—, and until 
 
 his successor is elected, or appointed, and qualified 
 
 Now, if the said A B shall faithfully perform 
 
4 ROAD SUPERVISORS* MANUAL. [CHAP 
 
 his duties as said officer, then this obligation will be void; 
 otherwise to be and remain in full force and effect. 
 
 A B , [SKAL.; 
 
 C D , [SEAL.^ 
 
 E — - F , [seal.] 
 
 The sureties on the above bond approved bv us : 
 
 I K , y Trustees of said Township. 
 
 L M , J 
 
 13. The township trustees should hold a meeting within 
 the time required by law for approving the bonds, for 
 the express purpose of approving bonds and other similar 
 business, and of this meeting the supervisor elect should 
 be officially notified by the clerk. The supervisor should 
 go to this meeting with Lis sureties, and there request the 
 clerk to make out his bond. The clerk is, perhaps, not 
 bound to do this, but it is customary, and generally vvell 
 for him to do so. For this purpose he should be supplied by 
 the trustees with printed blank bonds, which need but little 
 time and labor to fill up accurately, and so as to be good 
 and valid at law. The bond having been duly executed, 
 may then be filed; and the oath of office having been ad- 
 ministered to the new supervisor, he can then receive such 
 instructions, laws, etc., as the clerk may have to give him. 
 
 14. Serves how long. The person elected or appointed, 
 as above described, and having duly filed a proper bond and 
 taken the required oath, is fully installed into the office 
 of supervisor of roads for his district, to serve till the next 
 regular spring election, and until his successor, then 
 elected or soon after appointed, is qualified. (8, 11, 1448, 
 90 0. L. 144; 1450, 1451.) 
 
 15. In hamlets. The trustees of hamlets may appoint an 
 elector of their corporation as marshal, who may be by or- 
 dinance required to act as supervisor; but, whenever they 
 provide by ordinance for the separation of the offices of 
 marshal and supervisor, they must annually, while such 
 ordinance is in force, select an elector as supervisor; and 
 they may, in either case, prescribe his duties and comr)en- 
 sation, and may remove him and appoint another, at their 
 discretion. (1700, as am. 77 v. 15.) The marshal, when 
 he acts as supervisor, must act under the direction of the 
 trustees, and be paid out of the proper hamlet treasury, or 
 treasuries, the same compensation allowed to other super- 
 visors; and where the offices of marshal and supervisor 
 are separated, the supervisor must perform his duties, be 
 paid in the same manner, and receive the same compensa- 
 tion, as the marshal when acting as supervisor. (1703, as 
 am. 86 v. 252.) 
 
1,.] 
 
 ROAD WORK, ETC., GENERALLY. 
 
 CHAPTER IL 
 
 supervisors' work, duties and powers generally. 
 
 1. Duty of supervisor as to opening roads. The law pro- 
 vides that every supervisor must open, or cause to be 
 opened, all public roads and highways which are laid out 
 and established in his road district.^ (47 J 5.) But new 
 state and county roads are now opened by the county 
 commissioners by contract. See par. 8 of this chapter. 
 
 2. But if a state road, or any part of one, has been 
 laid out for ten years, or a county road, or any part of one, 
 has been authorized, and has remained unopened for pub- 
 lic use for seven years after being ordered or authorized to 
 be so opened, the law declares such road to be vacated by 
 lapse of time and non-user.^ (4636, 4668, 89 v. 126.) 
 
 3. Public roads classified and defined. — For the purpose 
 of assisting the supervisor to know what his duties are, the 
 " public roads and highways," that are in some way con- 
 sidered such by the laws of Ohio, may be divided into:' 
 
 First. Toll roads, owned by incorporated companies, and 
 for traveling over which pay is collected at toll-gates, or by 
 other means. With these the supervisor has nothing what- 
 ever to do.* 
 
 (1) A supervisor is a local ministerial officer, whose authority and duties 
 to open, repair, and control public roads extends only to the roads within 
 his own district. Grove v. Mikesell, 13 Ohio St. 158. 
 
 A supervisor is, in ttiis state, regarded as a ministerial officer, whose 
 duties and authority are limited an-i prescribed by statute, and which, for 
 the most part, are confined to his own particular district. His duties gen- 
 erally are to open and keep in repair and unobstructed the public roads in 
 his particular district not owned or oi^erated under private charters or by 
 incorporated companies. His powers and authority have always, in this 
 state, been particularly prescribed by statute. And under these statutes, 
 we understand that the courts of ih'is state have always recognized the 
 right of supervisors to a very liberal exercise of an honest discretion in 
 the discharge of their official duties. It would be most unreasonable, un- 
 der such statutory provisions, to hold a supervisor to a rigid exactitude in 
 the use of the most aiipropriate means for the discharge of his duties. 
 Grove v. Mikesell, 13 Ohio St. 158. 
 
 See also notes on page 9. 
 
 (2) The statute providing that county roads shall be vacated by non-user 
 for seven vears applies onlv to roads that have been authorized, but never 
 opened. Peck et al. v. Clark et al., 19 Ohio, 367. 
 
 The limitation prescribed in that flection of law applies to roads author- 
 ized but never opened, and not to roads which have been opened and par- 
 tially obstructed bv a landholder fencing in a portion of tne same. Mc- 
 Cle.land v. Miller, 28 Ohio St. 488. 
 
 The public right to a highway may be lost by non-user. The law 
 would raise a presumption of an extinguishment of the right, when the 
 road has been abandoned for a long period, but where there has been a con- 
 tinued use of a highway, and tne width has been encroached upon bv the 
 adjacent owner for eighteen vears, the right is not lost, and the supervisor 
 may open such road to its full width. Fox v. Hart, 11 Ohio, 414. 
 
 (3) An exhaustive classification would include more than these. But for 
 the purposes of tnis volume, this is not required. 
 
 (4) A supervisor of highways has no jurisdiction or power over turn- 
 
 I likes or plank roads constructed by incorporated companies, and placed by 
 aw under their control: nor could he justify interference with such 
 ro^ds, although it should be directed by the township trustees. He is 
 
6 ROAD supervisors' MANUAL. [cHAP. 
 
 Second. Streets and alleys in cities and incorporated villages. 
 But these streets and alleys are under the exclusive con- 
 trol of the councils of the municipal corporations in 
 which they are situate, and over them the supervisor has 
 no control whatever,^ except as stated in paragraph 18, 
 Chapter III. 
 
 Third. Improved roads. These are classed by the Re- 
 vised Statutes as turnpikes (free), one-mile assessment 
 pikes, two-mile assessment pikes, and unfinished and 
 abandoned turnpikes, and are defined by statute in the 
 following provision : " All macadamized or graveled roads 
 which are free roads, whether constructed under general 
 or local laws by taxation or assessment, or both, or con- 
 verted by purchase or otherwise from a-toll road into a free 
 road under any law, and all turnpike roads, or parts thereof, 
 unfinished or abandoned by any turnpike company, and 
 appropriated or accepted by the commissioners of the 
 county, shall be kept in repair as provided in this chapter." 
 (4876.) The supervisor's duty relating to these improved 
 roads is treated of in Chapter III of this work. 
 
 Fourth, Ordinary free roads, classed by law and generally 
 known as state roads, county roads, and township roads. 
 
 4. Township roads. The law expressly declares township 
 roads "to be public highways" (4686, 89 0. L. 304). It 
 also defines them by providing, in substance, that if any 
 person wishes to have a township road laid out from any 
 person's farm or dwelling place, or from any mill or house 
 of public worship, or to any cemetery or burial ground, or 
 to a public road, or from one public road to intersect an- 
 other, or from any tract of wild land or timber land, or 
 from any stone quarries, coal mines, or mineral lands 
 (other than gas or oil lands) to a railroad or railroad sta- 
 tion, or from a railroad station, to a township, county, or 
 state road, or saw mill, he may petition the township trustees 
 for it, etc. (4672, 88 0. L. 561). It then provides how such 
 a road may be established, and that when so established, 
 it " shall be considered a private or township road, subject 
 to be kept open and in repair at the expense of the appli- 
 cants for the same, or otherwise, as provided by law." 
 (4677, as am., 79 0. L. 72.) 
 
 5. Supervisor must keep certain township roads in repair. But 
 it further provides, that a township road which commences 
 in a state, turnpike, township, or county road, or at a rail- 
 road station, and is not less than thirty feet in width, and 
 passes on and intersects another state, turnpike, county, or 
 township road, must be opened and kept in repair by the 
 
 bound to know what roads belong: to the public and Avhat tosuch trus- 
 tees. Chagrin Falls & Cleveland Plankroad Co. v. Cane et al. , 2 O. St. 419. 
 (1) ^ 2640. When any part of a road district is annexed to a city, that 
 part of the road lying in the annexed territory passes out of the'iuris- 
 diction of the supervisor, and into the control of the corporation* 
 Steubenville v. King, 23 Ohio St. 610. 
 
II.] ROAD WORK, ETC., GENERALLY. 7 
 
 supervisor in whose district it may be situated, in whole or 
 in part. (4678, as am., 77 0. L. 72.) 
 
 6. In certain cases, state, county, and township roads 
 may be improved under the instructions of the supervisor. 
 See pars. 57 to 61, this chapter. 
 
 7. State and county roads. From the foregoing it is seen 
 »that the supervisor has to do chiefly with the state and 
 
 county roads. In fact, the great majority of supervisors in 
 the state have no jurisdiction over, and no work to do on 
 any others ; and on these, only, as a general rule, after 
 they have been not only "laid out and established," but 
 also opened. His duties will generally be confined to keep- 
 ing them in proper repair and free from obstruction. 
 
 8. As to establishing^ opening^ straightening, vacating, etc., 
 roads, supervisor s course. The law provides how state, 
 county, and other roads may be " laid out and established," 
 and also how they may be turned, widened, or narrowed, 
 vacated, etc., and what proceedings must be had in such 
 cases. These proceedings are numerous and long, and 
 involve and require petitions, bonds, viewers, etc. But 
 these are the affairs of those desiring the road or the 
 changes mentioned, and with them the supervisor has 
 nothing to do. After all these proceedings are had, and 
 the county commissioners make the proper entries on their 
 minutes, establishing or changing the road as above men- 
 tioned, and after the time required by law has passed, they 
 must now^ have such roads opened by contract. (See 3 
 4650, as am., 90 0. L. 119; § 4634.) 
 
 9. In the case of township roads, the law provides that 
 (after the petition, bond, etc., and other preliminary steps 
 are attended to) if the township trustees deem the establish- 
 ing of such a road reasonable and just, they must order 
 the clerk of the township to record the report of the 
 viewers, and issue their order to the petitioners, or to the 
 proper supervisor where it is made his duty to open the road, 
 to open it to the width named in the report of the viewers. 
 (4677, as am., 88 0. L. 349.) The proceedings are substan- 
 tially the same in case of widening, narrowing, changing, 
 or vacating township roads, so far at least as the supervisor 
 is concerned. (See 4681-4685.) The trustees, through the 
 township clerk, should then order, in writing, the super- 
 visors of the proper road districts to open or change such 
 road as directed, particularly and definitely describing the 
 line of the road to be opened or the change to be made; 
 and till then, the supervisor should do nothing at all 
 toward opening or changing such roads. 
 
 (1) Formerly, $4650 provided that after the establishment of the road, 
 It should thenceforth " be considered a public highway, and the com- 
 missioners shall issue their order to the trustees of the proper township or 
 townships, directing the road to be opened." 
 
8 ROAD supervisor's MANUAL. [CHAP. 
 
 10. Having received such notice, he should then notify 
 the persons having control of the land over which such 
 road extends, to remove the fences from the ground such 
 road will occupy. He should do this chiefly to give them 
 a chance to protect their crops, ete., on and near the line 
 of said road, especially if it must be opened before such 
 crops have ripened and been removed. 
 
 11. Should such persons unreasonably delay to comply 
 with his notice, it is then his duty to proceed to so remove 
 them himself, and to improve such road by removing the 
 necessary trees, etc., by grading and otherwise working 
 said road as much as necessary or possible, having due re- 
 gard to the claims and needs of other roads in his district. 
 
 12. The notice by the supervisor, mentioned above, may 
 be oral, or in writing, in some such form as follows; 
 
 To O D— — ; You are hereby notified that a new town- 
 ship road has been duly established, which passes through 
 my district and through your land, as follows [here de- 
 scribe the line of the road through C D 's land.~\ 
 
 You are requested and required to remove all fences 
 and buildings on your land standing on the line of said 
 
 road, before the day of , 18 — . 
 
 A B , Supervisor. 
 
 13. If the road is narrowed, the adjoining land-owner 
 may set his fences out to the new line; and if the road is 
 ordered to be widened, the supervisor may, after being duly 
 notified thereof by the township clerk, cause the fences to 
 be set back to the new line by the owner, and on such ow- 
 ner's failure to do so, the supervisor may remove them as 
 he would any other obstruction, being careful not unnec- 
 essarily to damage or destroy the materials composing such 
 fences. He is simply to remove, not to rebuild, the fences. 
 
 14. Unlawful ditches along road. It is unlawful for any 
 supervisor to excavate or make any open ditch on and 
 along a public highway in front of any dwelling house or 
 yard surrounding it, or entrance thereto, or in front of the 
 entrance or approach to any barn on that side of the road 
 on which the said buildings are situate, unless he at once 
 puts in a sufficient underdrain, and fills up the excavation 
 to the original level; except when authorized to make 
 such open ditch at said points, by the owner of such build- 
 ings or trustees of the township. Any road supervisor 
 violating this paragraph is liable to. forfeit and pay to the 
 owner of any such buildings twenty-five dollars, to be 
 recovered in a civil action before any justice of the peace. 
 
 .(§ 4715a, 89 0. L. 41.) 
 
 15. Certain ditches must be kept open. The law provides 
 
n.] 
 
 ROAD WORK, ETC., GENERALLY. 
 
 how certain land owners may construct underground out- 
 let drains through the land of another, and that the ditches 
 and water-courses upon the highways into which such 
 underground drains empty, shall be kept open l)y the su- 
 pervisor of such public highways, to a depth sufficient for 
 the proper drainage of such highways. (88 0. L. 350.) 
 
 16. iSupervisor must repair roads, and remove obstructions. 
 The law provides that every supervisor must keep in re- 
 pair all public roads and highways which are laid out and 
 established in his road district, and remove, or cause to be 
 removed, all encroachments, by fences or otherwise, and 
 all obstructions that may from time to time be found 
 thereon. 1 (4715, as am. 86 v. 231.) 
 
 » 
 
 (1) Wnere there has bren a continued use of a highway, although its 
 width had been encioached upon by tlie adjacent owner for eiRliteen years, 
 the right is not lost. The supervisor may open such road to its full width. 
 Fox V, Hart, 11 Ohio, 414. 
 
 A supervisor is a local ministerial officer, whose authority and duties to 
 open, repair, and control jniblic i oads, extends only to tlie roads within 
 his own district. Grove v. Mikesell, 13 Ohio St. 158. 
 
 Where a liighway, sixty tect iii width, is established across a stream of 
 water, and a bridge twelve feetwide is constructed along the center of such 
 highway over the stream, and a proprietor of adjoining lands constructs 
 fences from the outer limits of the road, along the bank of the stream, to 
 the bridge: Held^ that such fences are, prima facie., at least, obstructions 
 of the highway, and as suali it is the duty of the supervisor of the proper 
 district, on due notice, and doing no unnecessary dama:^e, to remove them ; 
 and for so doing, an action for trespass will not lie against him. Baird u. 
 Clark, 12 Ohio, 87. 
 
 L. being the owner of lands adjoining a public highway, regularly laid 
 out and used by the public, extended his fence so as to inclose a portion of 
 the ground within the survevcd lines of the highway, which portion was 
 not then used nor required for the public travel, and kept up said fence 
 without any objection f»)r upward of twentv-one years: Held^ that such 
 partial encroachment upon the side of a surveyed and traveled highway 
 was not necessarily adverse to the public, nor inconsistent with its ease- 
 ment, and therefore constituted no bar to its reclamation by the super- 
 visor, when required for the public travel. Lane v, Kennedy et al., 13 Ohio 
 St. 42. 
 
 No penalty is given for obstructing a road authorized by law, nor for per- 
 mitting the obstruction t» rem;(in, unless it is to the Iiinderance or incon~ 
 venience of travelers, and therefore the defendant may show tUat travelers 
 were not accustomed to pass the state ro id obstructed by him, but that the 
 travel was on a turnpike road, shorter and more con veii lent. IngersoU v» 
 Herider, 12 Ohio, 527. 
 
 Tne right of transit in the use of the public highways is subject to such 
 incidental, temporary, or partial obstructions as manifest necessity re- 
 quires; and among these are the temporary impediments necessarily occa- 
 sioned in the building and repair of houses'on lots fronting upon the streets 
 of a city, and in the construction of sewors, drains, etc. These are not in- 
 vasions, but qualifications of the right of transit on the public highway; 
 and the limitation on them is, that they must not be unnecessarily and un- 
 reasonably interposed. Clark v. Fry, 8 Ohio St. 358. 
 
 As fuel IS necessary, a man may throw wood into tlie street for the pur- 
 pose of having it carried into his house, and it may lie there a reasonable 
 time. lb. 
 
 Where a road has been laid out in the manner prescribed by law, opened 
 ana used for manv years, it can not be allowed that it shall be suddenly 
 closed by any individual through whose laud it passes, on the hj'pothesis 
 tliat the road used does not exactly follow the courses and distances of the 
 recorded survey. ><or can it be required, after the lapse of many years, 
 that to sustain a public road, every preliminary siep necessary to be taken 
 to establish it, must be proven by existing papers or records. Arnold v. 
 Flattery, 6 Ohio, 79. 
 
10 ROAD supervisors' MANUAL. [CHAF. 
 
 17. Obstructions to he removed. At any time during the 
 year when any public highway is obstructed, the super- 
 visor of the district must forthwith cauce the obstruction 
 to be removed, for which purpose he must 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; if any person thus called out has 
 performed his two days' labor upon the pub'ic highways, 
 or paid his road tax, the supervisor must give him a cer- 
 tificate for the amount of labor performed under such 
 order, which may be applied on the labor or tax that may 
 be due from such person the next year. (4746.) 
 
 18. The order may be verbal, or written or printed, and 
 may be in form as follows: 
 
 Road District No. , Tp., Co., 0. 
 
 ,18-. 
 
 To : 
 
 You are hereby notified to appear on the day of 
 
 , 18 — , at 7 o'clock forenoon, at , to assist in re- 
 moving certain obstructions there on the public highway. 
 The labor then done by you will be credited as a part of 
 the two days' labor required of you by law, for the year 
 18 — . You will bring with you the following implements: 
 {name the implements.) , Supervisor. 
 
 19. The certificate must be written or printed, and may 
 be as follows : 
 
 Road District No. , Tp., Co., 0. 
 
 ,18-. 
 
 1 hereby certify that R L has performed {one 
 
 half, or more, as may be) day's extra labor on the roads of 
 said district in said year, for which he is entitled to credit 
 on any road labor required of him by law during the year 
 18—. ^ A — - B- — -, 
 
 Supervisor of said District. 
 
 20. Only public roads to be worked, A supervisor must not 
 
 A supervisor can not begin and conduct, in his own name, a suit for an 
 Injunction to prevent tlie obstruction of a public road. Putnam v. Valen- 
 tine, 5 Oliio, 187. , ^ , 
 
 Where, in an action before a justice (for obstructing the road), the plain- 
 tiff was described as "A. B.. supervisor of road district No. 6, Stonccreek 
 township, Clermont county," on appeal, the supervisor for the time being 
 may file his petition as '* supervisor of road district No. 6," etc. Hill v. 
 Supervisor, 10 Ohio St. 621. 
 
 Where private lands are erroneously included In a road by review and 
 survey, tlie supervisor is liable in trespass for entiring upon the land and 
 digging up the soil; and lie is not protected by the record of the survey 
 ai'd the declaration of the statute that the road as surveyed shall be con- 
 sidered a public highway. Beckwith v. Beckwith. 22 Ohio St. 180. 
 
 A supervisor is not liable for damao^es to an individual for injuries that 
 Individual has sustained because of the n« gleet of the supervisor to keep « 
 bridge within his district in repair. The supervisor is liable only for th< 
 penalty prescribed by law. Dunlap v. Knapp, 14 Ohio St. e4. (As to what 
 this penalty is, see paragraph 84, this chapter.) See also note 1, page 5, and 
 note 1, page 25, paragrapn 76. 
 
 
II. J ROAD WORK, ETC., GENERALLY. 11 
 
 perform nor cause to be performed labor on any road not 
 regularly laid out and established by-law. (4743.) 
 
 21. May eiiter lands for tiecs, gravel, etc. Supervisors may 
 enter upon any uncultivated or improved lands unincum- 
 bered by crops, near to or adjoining such roads, cut and 
 carry away timber,^ except trees or groves on improved 
 lands, planted or left for ornament or shade, and may dig, 
 or cause to be dug and carried away, any gravel, sand, or 
 stone which may be necessary to make, improve, or repair 
 any such road.^ (4715, as am. 86 v. 231.) 
 
 22. Certificate for timber, eic.^ taken for road. A supervisor 
 of roads, or a superintendent of a free turnpike, improved, 
 or other macadamized road having no gate thereon, who 
 takes any timber, stone, or gravel for the purpose of mak- 
 ing, improving, or repairing any road or structure, or re- 
 pairing any bridge or crossway within his district, must, 
 on demand of the owner of the land, or his agent, or the 
 guardian of any ward, or the executor of any will, having 
 the lands in charge from which the same were taken, 
 give a certificate^ showing the quantity of such timber, 
 stone, or gravel, with the value thereof respectively, and 
 the time and purpose for which the same was taken. 
 (4744, 4715, as am. 86 v. 231.) 
 
 23. The certificate may be as follows : 
 
 Road District No. , Tp., Co., 0. 
 
 , 18-. 
 
 I hereby certify that in making [or improving, or repair- 
 ing] the county \or state, or township] road leading from 
 
 to {or bridge, giving its name or location]^ within said 
 
 district, on the day of , 18—, I took from the land 
 
 of L M , the following materials for the purpose of 
 
 said improvement, as follows: 
 
 1 large oak tree, worth $7 00 
 
 1 locust tree, " 1 00 
 
 10 loads gravel, '' 2 00 
 
 3 perch of stone, " 1 50 
 
 Total $11 50 
 
 A B , Supervisor. 
 
 1 $ 4715 was unconstitutional, but has been amended to cure this. See 
 44 O. S. 208; 86 O. L. 231. 
 
 When a supervisor, entering to cut timber for repairing a road, com- 
 W riffhr364 ^^*^°^®^ * trespasser from the beginning. Palmer v. State, 
 
 ^JHf. ^}}^^^^^^y ^(^ cut timber to repair roads includes authority to 
 
 ^^ir.tV^'^ purpose of repairing a bridge on a road. This power is 
 
 operative whenever the road, etc., is out of repair. ]b ^^^^^'^ ^^ 
 
 Ihe owner of the material so taken is entitled to compensation 
 
 Hn^yi-^-' V-^^^''^''^1.^y^^^^ trustees, and paid as speci^ed in sec- 
 tion 4/4a i4/lo, as am. 86 v. 231). See next note y ^ ^^ ^t^c 
 
 (2) A person who receives such certificate must present the same to 
 the township trustees of the proper township, at anv regular or called 
 session, within twelve months after the taking of such timber stone 
 or gravel, and the trustees, if satisfied that the amount is just and 
 equitable, must pay the same. See more fully $ 4745. 
 
12 
 
 ROAD supervisor's MANUAL. 
 
 [chap. 
 
 24. May enter lands to make ditches, etc. A supervisor may 
 also eliter upon any lands adjoining or lying near the road, 
 and make such drains or ditches through the same as he may 
 deem necessary for the benefit of the road ; but he must do as 
 little injury to such lands, and the improvements and timber 
 thereon, as the nature of the case and the public good will 
 permit; the drains and ditches so made must be conducted 
 to the nearest water-course, and must be kept open by the 
 supervisor ; and they must not be obstructed by the owner 
 or occupier of the lands, or any other person having the 
 same in charge, under a penalty not exceeding ten dollars 
 for each offense, which must be collected by the supervisor, 
 and paid by him to the township treasurer, and applied to 
 the road fund of the township. (4716.) 
 
 25. Two days^ work on roads. Formerly, all male persons 
 between 21 and 55 years of age, with certain exceptions, had 
 to work two days on the public roads, under the direction of 
 the supervisor; but all laws requiring this two days' work 
 have been repealed.^ 
 
 26. Road taxes may he ivorked out, under the supervisor's 
 direction. See pars. 46-48, 54-57, and others, this chapter. 
 
 27. Trustees to furnish plows and scrapers. The township 
 trustees are authorized to furnish plows and scrapers for 
 the use of the several road districts within their township, 
 to be paid for out of any money in the township treasury 
 not otherwise appropriated. They must take a receipt from 
 each supervisor for such implements as they deliver to him, 
 showing the number, kind, and condition thereof; and such 
 supervisor will be liable for any injury or damage that may 
 result to such implements, or any of them, by the improper 
 use thereof, or by unnecessary exposure to the w^eather dur- 
 ing the time the same may be in his possession, to be recov- 
 ered in an action in the name of the trustees. On the first 
 Monday in March, annually, he must return these imple- 
 ments to the trustees. (4735.) 
 
 28-41. The supervisor's receipt may be as follows: 
 
 NO. 
 
 1 
 1 
 1 
 
 10 
 
 NAMES OF ARTICLES. 
 
 Road plow 
 
 Scraper 
 
 Scraper 
 
 Shovels 
 
 Etc. 
 
 CONDITION. 
 
 Nearly new. 
 New. 
 
 INfuch worn. 
 Worn. 
 
 Received the articles above mentioned from the township trustees, 
 this day of , 18—. A B , Supervisor. 
 
 (1) See act of 91 O. L. 342, repealing: sections 26r).S. 2659, 2653, 4717, 4718, 
 4719, 4720, 4721, 4722, 4723, 4724, 4725, 4726, 4727 and 472S. 
 
 A few provisions concerning such work, probably overlooked, still 
 remain. See, for instance, pars. 17, 70, 85, this chapter; pars. 14, 20, 
 chap. 3. 
 
II.] ROAD WORK, ETC., GENERALLY. 13 
 
 42. Road beds to he leveled off. Every supervisor must 
 cause to be graded and leveled off, the earth and gravel 
 that may be scraped, shoveled, or hauled into any public 
 road under his direction or charge, at the time that such 
 work is performed; and for any neglect or refusal, on the 
 part of such supervisor, to cause such leveling or grading 
 in a reasonable degree, he will forfeit not less than one dol- 
 lar nor more than five dollars, to be paid into the town- 
 ship road fund, to be recovered by an action in the name 
 of the township, before a justice of the peace within the 
 township w^here such supervisor resides; and the trustees 
 of the township, after having been notified by any resi- 
 dent freeholder of the township of such neglect or refu- 
 sal, must, by one of their number, examine the w^ork, and 
 if he find that it has not been X-)er1ormed, in a reasonable 
 degree, according to the provisions of this section, he must 
 prosecute such supervisor as provided herein. (4729.) 
 
 43. Ixoads on state or township lines. A supervisor of a 
 road district bordering on the state line between Ohio and 
 an adjoining state may, when a public highw^ay has been 
 located upon such state line in accordance with and 
 under the provisions of the laws of the State of Ohio, ap- 
 ply the labor of his district upon such road in the samie 
 manner as on roads located Vvithin the boundaries of the 
 state. (4747.) 
 
 44. In case any public road is or may be established as a 
 part of the line or boundary of any township or municipal 
 corporation, the trustees of such adjoining townships, and 
 council of such corporation, as the case may be, must 
 meet at some convenient place as soon after the first Mon- 
 day of March as convenient, and apportion such road be- 
 tween the townships, or township and corporations, as 
 justice and equity may require, and the trustees of the 
 respective townships, and council of the corporation must 
 have the road opened and improved accordingly. (4747.) 
 
 45. /additional road tax for cutting down hills, eic. If town- 
 ship trustees deem an additional road tax necessary, they 
 must determine the per centum to be levied upon the tax- 
 able property of their respective townships, not exceeding 
 three mills on the dollar; for the purpose of cutting down 
 hills, filling low places, and making repairs that may be 
 necessary by reason of any casualty that may occur in the 
 public highways of their respective townships, which must 
 not, in any year, exceed the sum of two hundred dollars, un- 
 less the question of a greater levy be submitted to a vote of 
 the qualified voters of the township, at a special election 
 called by the trustees for that purpose; if a majority of 
 the qualified voters at such election vote in favor of levy- 
 ing an increased tax, for the purposes aforesaid, the 
 trustees must certify the same to the county auditor, in 
 
14 ROAD supervisors' MANUAL. [CHAP. 
 
 writing, on or before the first Monday Qf June in each 
 year, and the auditor must assess the same on tlie taxable 
 property in the township, not included in any municipal 
 corporation, and the same must be collected in the Decem- 
 ber installment, and paid out as other taxes, except as 
 hereinafter provided.^ (4737.) 
 
 46. Rate of such levy to he published. 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, 
 must 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 resijectively, and that said tax may 
 be discharged by labor on the roads, under the direction 
 of the supervisors of the several districts; and he must 
 make a list of the names of tax payers, and the amount 
 of the road tax with which each stands charged, and 
 transmit the same to the clerk of the proper township. 
 (4738.) 
 
 47. Tax to be certified to supervisors. The township clerk, 
 immediately after the receipt of such list, must make out 
 and deliver to each supervisor an abstract of the amount 
 of road tax each person in his district is charged with, 
 (4739.) 
 
 48. How road tax icorked out or paid^ etc. Any person 
 charged with a road tax may discharge the same by labor 
 on the public highways, within the proper time, 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 
 the proper district, who must give to such person a certifi- 
 cate specifying the amount of tax so paid, and the district 
 
 (1) Section 2829, from llie title on taxation (Part First, Title XIII), is very 
 much like tlie law in this paragraph. It is as follows: 
 
 ** Sec. 2829 Additional road tax. If the trustees of any township shall 
 deem an additional road tax necessary, thev shall determine the per 
 centum to be levied on tiie taxable property of their township, not exceed- 
 ing one mill on the <]ollar, except in counties where the taxable property 
 is less than ten millions, in which counties the trustees of the different 
 townships thereof may, at their discretion, levy an additional road tax, 
 not to exceed two mills on the dollar valuation of the taxable property of 
 their township; which may be discharged in labor as hereiua.tcr pro- 
 vided, ail' I in addition thereto not exceeding one mill on the doll.ir for the 
 same purp >se to be collecied in money; but where a township shall include 
 an Incorporated village, the rate of tax so fixed by said township trustees 
 shall not apply, or be assessed or collected from the pr(!perty included 
 wiihin the incorporated hmits of such village; but the council of any such 
 village shall exercise the right conlerred by this title on the trusiees of 
 townsliips to make such additional levy, for road purposes, on the taxable 
 property within the corporate limits of anv such village, as trustees may, 
 by this title, make for road purposes in their respective townshii)s; and 
 said trustees and council shall certify the same to the county auditor, in 
 writing, on or before the fifteenth day of May each year; and the auditor 
 of the county shall assess the same on all the taxable propertv in the said 
 township or village, and the same shall be collected in the December in- 
 8t;?illmeQt," 
 
II.] ROAD WORK, ETC., GENERALLY. 15 
 
 and township wherein such labor was performed. This 
 certificate must in no case be given for any greater sum 
 than the tax charged against such person ; and the county 
 treasurer must receive all such certificates as money in the 
 
 lischarge of said road tax. When the commissioners of 
 any county ^o direct, the supervisor must write on the 
 margin of his lists, opposite to the amount charged against 
 all such as may pay the same by money or labor, the w^ord 
 
 ' paid," and must return his list to the township clerk on 
 or before the fifth day of SeiDtember of the year in which 
 the tax was levied. The clerk must then write on the 
 margin of the list sent him by the auditor, opposite to the 
 amount charged against each person who may have paid 
 the same in labor or money, as shown by the returns of 
 the supervisor, the word "paid," and must forthwith for- 
 ward the same to the county auditor, who must charge all 
 such as may remain unpaid, as showm by the returns of 
 the township clerk, upon the duplicate of the proper 
 county, and the same must be collected as other moneys 
 are collected, in the December installment, by the county 
 treasurer. .When such road tax is paid in labor, such labor 
 must be performed before the first day of September of 
 the year in which levied. (2830, as amended, 77 0. L. 184.) 
 
 49. '^Certain exceptions to this. In all counties containing either grav- 
 eled roads or free turnpikes, or both, except Shelby and Allen coun- 
 ties, the time for the payment of the road tax in labor on such roads 
 may extend to the fifteenth of October of the year the tax was levied ; 
 but on all other roads in such counties the labor must be performed 
 before the fifteenth of September; and the supervisors in such coun- 
 ties must return their lists before the twenty-fifth of October of the 
 year in which the tax was levied. (2830, as amended.) See also par. 
 2, chap. 4, of this book. 
 
 50. Form of certificate. I hereby certify that R — — L has paid in 
 
 labor dollars and cents, being in full [or, if not paid in full, 
 
 say, on account] of his road tax for the year 18—, in road district 
 
 No. , township, county, Ohio, *and that such labor was 
 
 performed between the day of and day of , 18—. 
 
 — » , 18— ' , Supervisor. 
 
 51. Extra road tax for improving certain roads. When 
 two-thirds of the resident freehold tax-payers living on 
 the line of any state road, county road, or turnpike road, 
 file a petition with the auditor of any county for an extra 
 tax for the purpose of constructing, improving, or repair- 
 ing such road, he must levy such tax, of any amount that 
 may be required, not exceeding six mills on the dollar 
 valuation, in any year, on all the lands and taxable prop* 
 erty for any distance on each side of such road not ex- 
 ceeding one mile, and in no case more than half the dis- 
 tance from such road to any other state, county, or free 
 turnpike road runnins: parallel or nearly parallel thereto. 
 (4925.) 
 
 52. How long such tax to continue. When any such tax i^ 
 
16 ROAD supervisors' MANUAL. [CHAP. 
 
 levied, it must continue for the term of three years and 
 no longer, unless at the expiration of three years the peti- 
 tion or request be renewed; and in that event such tax 
 may be levied for the term of three years longer. (4926.) 
 
 53. When such tax may be levied in a township. The auditor 
 of any county must levy such tax on the lands and prop- 
 erty on the line of any such road, in any township, when 
 petitioned for by three-fourths of the resident freehold 
 tax-payers on such road, in such township only. (4927.) 
 
 54. Such tax may he repaid in labor, under supervisor s direc- 
 tions. All taxes arising under the provisions of the three 
 preceding paragraphs may be discharged by labor on the 
 proper road, under the direction of the supervisors within 
 whose jurisdiction such road is located, as provided by 
 law in other cases; and the rate of labor shall be one dol- 
 lar and fifty cents per day, and a ratable proportion for 
 teams and implements. (4928.) 
 
 55. Supervisor to give receipts. If such taxes be discharged 
 by labor, the supervisors must receipt therefor, as in other 
 cases for like services, and their receipts must be received 
 by the county treasurer in discharge of such tax. (4929.) 
 
 56. The form of receipt is the same as given in para- 
 graph 50. 
 
 .57. The trustees of any township may, upon the written 
 petition of one or more persons interested, describing the 
 road or part thereof proposed to be improved, authorize 
 any person living on or near any unimpi'oved state, 
 county, or township road, situate within the township, 
 which intersects or connects with any turnpike or im- 
 proved road, to improve any part or all of such road sit- 
 uate within the township, within such time as they may 
 direct, by grading the same not more than sixteen feet 
 wide, and graveling such grade not exceeding twelve feet 
 wide, or otherwise improving the same; such improve- 
 ment must be made under the instructions of the super- 
 visors of roads within whose districts the road or part 
 thereof to be improved is situate; and as soon as such 
 road or part thereof authorized to be improved as afore- 
 said, within any road district, is fully improved and com- 
 pleted to the satisfaction of the supervisor of such district, 
 he must estimate the w^ork so done by the several persons 
 authorized, either by themselves or those employed by 
 them, under such rules and regulations as the township 
 trustees must prescribe as to extent and character of such 
 improvement, and give to such persons a certificate speci- 
 fying the amount of labor performed by them, stating 
 when authority was given to improve such road, and when 
 the same was completed in his district, and accepted by 
 him, and the value in money of such labor so estimated; 
 but in estimating the value of such labor in money, the 
 
II. J ROAD WORK, ETC., GENERALLY. 
 
 17 
 
 supervisor must not allow a greater sum than two dollars 
 and twenty-five cents for each team and driver, and not 
 to exceed one dollar for each hand per day for the time 
 actually employed; and in case of dispute between the 
 supervisor, and any person interested in such improve- 
 ment, as to the manner of making the same, its comple- 
 tion, or the value of the work, the matter in dispute must 
 be submitted to the trustees of the township, and their 
 decision will be final. (4755.) 
 
 58. The certificate mentioned above may be in the fol- 
 lowing form : 
 
 Road District No. , Tp., Co., 0. 
 
 , 18-. 
 
 1 hereby certify that L — — has performed labor 
 
 on the [here name or othericise describe the roacC] road within 
 
 said district, between the day of , 18 — , and the 
 
 day of , 1 8 — , the prices set forth being allowed 
 
 by me, as follows: 
 
 One [or more, as may be,'] hand, for — — days, at 
 
 per day $ 
 
 One [or more, as may be,] team, for days, at 
 
 per day 
 
 The authority to improve said road was given on the 
 day of , 18 — , and the improvement was com- 
 pleted in said district on the- day of , 18 — , and 
 
 accepted by me on the day of , 18 — . 
 
 A B , Supervisor. 
 
 59. The holder of any such certificate ^vill be entitled 
 to have its amount credited on anyroad tax, payable in 
 labor, levied on the property of such person situate within 
 the county, after the completion of such improvement; 
 if such road tax levied in any year on such property is 
 not sufficient to cover the amount of the certificate, it 
 must be so credited from year to year, until the certificate 
 is fully paid without interest. At the time of making 
 such credit upon the certificate, the supervisor must give 
 to the owner of the certificate a receipt for the road tax 
 charged against him for the current year; and the owner 
 of the certificate may transfer it, or any balance due on it, 
 to any subsequent purchaser of the property owned by 
 him when the certificate was issued. (4756.) 
 
 60. The receipt may be in form as follows: 
 
 Road District No. , Tp., Co., 0. 
 
 ,18-. 
 
 The road tax charged against L , in said dis- 
 trict, for the year 18 — , has been paid to the extent of 
 
 dollars and cents, by labor done in said district in the 
 
 year 18 — , and described in his certificate therefor, d-ated 
 
18 ROAD supervisors' MANUAL. [cHAP. 
 
 18 — , and signed by A B , supervisor. 
 
 I have this day credited said amount as 2-)aid on said cer- 
 tificatec C D , Supervisor. 
 
 At the same time the foregoing receipt is given, the fol- 
 lowing or its equivalent must be indorsed on such certifi- 
 cate : 
 
 On this day of , 18 — , I have given to L 
 
 , a receipt for road tax for this year, to the extent 
 
 of dollars and cents, on account of the within 
 
 certificate. C D , 
 
 Supervisor of within named District. 
 
 61. The trustees, at the time of authorizing such im- 
 provement, must direct in their order at what point the 
 materials therefor shall be taken, under the general laws 
 in force for procuring materials for the improvement of 
 public roads, which point must be the nearest and most 
 convenient to the place where the materials can be pro- 
 cured in the township. But where a road is located in 
 two townships, the material for the improvement thereof 
 may be procured at the nearest and most convenient 
 point in either township. (4757.) 
 
 62. Drift against bridges and culverts^ in ditches^ etc., to he re- 
 moved. The supervisor of each road district, or the super- 
 intendent of any free turnpike or improved road, must re- 
 move, or cause to be removed, all timber or drift lodged 
 against bridges, except toll bridges or bridges upon, toll 
 roads; and all timber, drift, and sediment lodged in and 
 obstructing the free passage of water in ditches Constructed 
 for the draining and protection of such roads, or under or 
 against any culvert over the same, or over any natural 
 water-course adjoining and upon the line of free turnpikes, 
 and all other public roads in his district. He will receive 
 the same compensation for such work or duties performed 
 as is prescribed by law for other road work. (4731, as 
 am. 86 v. 28.) 
 
 63. Penalty. In case any supervisor or superintendent 
 fails or neglects to comply with the provisions of this par- 
 agraph, he will be liable to a fine of not less than five and 
 not more than twenty-five dollars. Any adjoining land- 
 owner affected thereby may, at the expiration often days, 
 after serving a written notice on such supervisor or super- 
 intendent to remove any such drift or sediment, remove 
 or cause the same to be removed; for which he will receive 
 the same compensation and from the same source as such 
 supervisor or superintendent would have been entitled to 
 in the performance of his duty. (4731, as am. 56 v. 28.) 
 
 64. Sidewalks, foot-bridges, etc., along road. The supervisor, 
 when authorized by the trustees, may construct on either 
 side of any public road in his district a public foot-walk, 
 sidewalk, or foot-bridge over streams of water, of such ma- 
 terial and at such expense as the trustees shall prescribe, 
 
II.] ROAD WORK, ETC., GENERALLY. l9 
 
 which must not in any manner obstruct the public high- 
 way, or any private entrance; or the trustees may con- 
 struct, by contract with the lowest responsible bidder; all 
 such improvements to be paid for out of the township road 
 funds. (4733, as am. 78 V. 84.) 
 
 65. Passways may be consimicted. Any landholder through 
 whose land a state, county, or township road is now or 
 may be hereafter laid out and established, is authorized, 
 under the direction of the supervisor of the proper dis- 
 trict, to construct a passway either over or under such 
 road, so as to permit stock to pass and repass; but the 
 passway must not be constructed over or under any road 
 within the limits of the outlots of a city, town, or village, 
 and must not hinder or obstruct the travel on such roads, 
 and must be kept in good repair at the expense of the 
 landholder. (4740.) 
 
 66. Weeds, hushes ^ briers, etc, in road to be cut down. Road 
 superintendents, and supervisors, and street commission- 
 ers, must, between June loth and 30th, and between Aug- 
 ust 1st and 15th, and between September 15th and 30th, 
 of each year, cut all brush, briers, Canada or common 
 thistles, or any other noxious weeds growing within the 
 limits of any county or township road, or improved road, 
 street, or alley, within their jurisdiction. Such superintend- 
 ent or supervisor may allow any landowner or tenant to 
 cut and destroy any such brush, briers, or weeds, growing 
 on such highway along the lands abutting thereon owned 
 or occupied by such landowner or tenant, fixing a reason- 
 able compensation for such work before it is done. Such 
 compensation must be credited on the road tax of that 
 year assessed against said premises. Such superintendent 
 or supervisor must, by the township trustees, be allowed 
 $1.50 per day for all such necessary labor, to be paid by 
 the township treasurer out of the road fund, then in his 
 hands. Superintendents of toll roads must do likewise as 
 to such weeds, etc., growing along their turnpikes, at said 
 times, or the township trustees must have it done, and col- 
 lect pay and penalty therefor before any justice of the 
 peace in the township. (4730, as am., 90 0. L. 301.) 
 
 67. Canada thistles to be destroyed. It was formerly the 
 duty of the supervisor of any rc)ad district, when notified 
 in writing that any Canada thistles were about to go to 
 seed on any land within his district, to cause the same to 
 be destroyed in time to prevent the seed from spreading. 
 But this duty, is now imposed on the township trustees.^ 
 He must still destroy them along the road. See par. 66. 
 
 68. Obstruction of roads by railroad agents and other persons. 
 If any person or corporation, or a conductor of any train 
 
 (1) See $ 4732, as am., 90 O. L. 302. As to brush or thistles alon? par- 
 tition fences etc., see $$ [4255,-lH4255,-6], 7001, of Giauque's edition of 
 the Revised Statutes. 
 
20 ROAD SUPERVISORS MANUAL. [cHAP. 
 
 of railroad cars, or any other agent or servant of a rail- 
 road company, obstruct, unnecessarily, any public road or 
 highway authorized by any law of this state, by permitting 
 any railroad car or locomotive to remain upon or across 
 the same for a longer period than five minutes, or permit 
 any timber, lumber, wood, or other obstruction to remain 
 upon or across the same to the hinderance or inconven- 
 ience of travelers, or any person passing along or upon 
 such road or highw^ay, every person or corporation so of- 
 fending shall forfeit and pay, for every such offense, any 
 sum not exceeding twenty nor less than two dollars, and 
 will 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 ^vhich the offense is committed, or of any 
 person suing for the same before a justice of the peace 
 within the county where the offense is committed, or by 
 indictment in the court of common pleas in the proper 
 county ;^ every twenty-four hours such person or corpora- 
 tion, after being notified, suffers such obstruction to re- 
 main, must be deemed an additional offense against the 
 provisions of this paragraph ; and all fines accruing under 
 this paragraph, when collected, must be paid to the treas- 
 urer of the township in which the offense was committed, 
 and be applied by the trustees to the improvement of 
 roads and highways therein. (4748.) 
 
 69. Company liable for fines against employes. Every rail- 
 road company or other corporation, the servant, agent, or 
 
 (1) By section 32 of the act relating to roads (S. & S. 669), township trus- 
 tees are authorized to bring civil actions to recover the statutory penalty 
 lor obstructing and permitting obstructions to remain upon and across 
 public roads or highways authorized by the laws of this state, to the hin- 
 derance and inconvenience of travelers or other persons passing along or 
 upon such public roads or highwavs. Trust es of Burton Township v, 
 Tuttle et ai., 30 Ohio St. 62. 
 
 Thf statute giving the cause of action confers jurisdiction over it upon 
 justices of the peace. lb. , ^, ^ 
 
 In actions i ro?ecuted und' r the provisions of thi« statute, where the ob- 
 struction is alleged to have been cause i by a railroad car, or cars, or loco- 
 motive, it must be averred in the petition that the public road or highway 
 was obstructed unnecessarily, by permitting such railroad car or cars, or 
 locomotive, to remain upon or across t' e public road or highway for a 
 long* r period than five minutes, to the hinderance, etc. In actions tor ob- 
 structions to public roads caused by agencies other than railroad cars ana 
 locomotives, in describing lie manner of the ob-truction, the word *•%»- 
 necessarily'' forms no essential part of the description of the cause of ac- 
 
 It is no'valid objection to the jurisdiction of a justice of the peace 'ti this 
 cliss of cases, that, on the trial, the right of the public to the use of the 
 roadway, as a public high wav. may involve, to some extent, the title to the 
 land at the place of alh^ged'obstruction. As the statute confers original 
 lurisdiction'upon justices of the peace over the cause of action, by neces- 
 sary implication it "ests authority in justices' courts to hoar and deter- 
 mine alt questions necessary lo /eiider a final judgment, lb. 
 
 The person who maintains a n.ill-race, divertivig water trom its natural 
 flow through the race to his mill, for private u^ e, which mill race cuts and 
 crosses a public r ad previously established over his laud by authority' ot 
 law, which race unbridged is an obstruction across the highway, to tne 
 hinderance and inconvenience of travelers and persons gomg along ana 
 upon such public highway, must place a sufficient bridge oyer the race at 
 the point of obstruction, and keep it in repair so that the highwav will be 
 lis good and safe for public travel as before the race was constructed, lo. 
 
II.] ROAD WORK, ETC., GENERALLY. • 21 
 
 employe of which, in any manner, obstructs any public 
 road or highway, will be liable to pay all fines which may 
 be assessed against such servant, agent, or employe for so 
 obstructing the same, and such liability may be enforced 
 by execution issued against such corporation on the judg- 
 ment rendered against such servant, agent, or emplove. 
 (4749.) 
 
 70. How fires in icoods or prairies extinguished. Whenever 
 the woods or prairies in any township are on fire, so as 
 seriously to endanger property, the trustees of such town- 
 ship may order as many of the inhabitants of the town- 
 ship, liable to work on the highways, and residents in the 
 vicinity of the place where such fire is, as they may deem 
 necessary, to repair to the place where such fire is, and 
 there to assist in extinguishing the same, or stopping its 
 progress; and every person called out, under the provision 
 of this section, must be allowed, by the supervisor of his 
 road district, to be applied on his poll or road tax, the 
 same amount per day that he is now allow^ed for work on 
 public highways. (4750.) 
 
 71. Penalties for refusal to assist. If a person refuse or 
 willfully neglect to comply with such order, he shall for- 
 feit a sum not less than five nor more than fifty dollars, to 
 be collected before any justice of the peace of the town- 
 ship. (4751.) 
 
 72. The following certificate may be given : 
 
 Koad District, No. , Township, County, 0. 
 
 , 18-. 
 
 I certify that E- — F has been, by me, ordered out 
 
 to assist in extinguishing fires in the woods {or, prairies, as 
 may he), in said district; that he was thus employed for 
 one-half day, for which he is entitled to seventy-five cents, 
 to be credited to any road or poll tax against him now due 
 or to become due. A B , Supervisor. 
 
 73.^ Bridges over mill-races, etc. No person possessed of 
 the right to any water privilege is required by law to build, 
 nor keep in repair, and bridge over any mill-race or water- 
 course constructed by such person across any public road 
 for hydraulic purposes.^ (4752.) 
 
 74. When any road is hereai'ter established, the owner 
 of such right must file in the county auditor's office, 
 within a year after such road is established, a written de- 
 claration of such right, describing and stating as near as 
 practicable, where he intends some time to excavate a- 
 mill-race or water-course across the road. This declara- 
 tion must be recorded by the auditoi-, and will secure 
 such right to the owner, his heirs, and assigns. But 
 nothing in this section can prevent such owner from con- 
 structing a mill-race or water-course across any public 
 (1) See last paragraph of note, page 23. 
 
22 ROAD supervisors' manual. [chap. 
 
 highway already established, on giving the notice required 
 in the next paragraph. (4753.) 
 
 75. Duty of supervisor in certain cases. When any person 
 excavates or constructs a mill-race across a public high- 
 way, he must give at least thirty days previous notice, 
 in writing, to the trustees of the proper township, of his 
 intention so to do; and if he fail or neglect to give such 
 notice, the supervisor of the proper road district may, if 
 in his opinion the public good demands it, fill up such 
 mill-race or water-course, at the cost of the party so failing 
 and neglecting to give notice, to be recovered by the su- 
 pervisor, together with fifty per centum thereon, and the 
 costs of suit, for the use of such road district, in an action 
 before any court of competent jurisdiction.^ (4754.) 
 
 76. Supervisor must settle with township trustees^ when. At 
 the annual March meeting of the township trustees, they 
 must settle the accounts of the supervisors; and for Ibis 
 purpose the supervisors must attend that meeting. (1458, 
 as am., 90 0. L. 98.) 
 
 77. Supervisor s report to trustees. The supervisor should 
 render to the township trustees at this meeting an account 
 of his receipts and expenditures, and of his work, etc., 
 arranged under suitable heads or parts. Without it, a 
 proper settlement can scarcely be made at all. To aid in 
 making such report, and to secure uniformity, the trustees 
 should furnish him with suitable blanks therefor. 
 
 78. The form of such report may be substantially as fol- 
 lows: 
 
 supervisor's report and settlement. 
 
 79. [First] 
 
 Statement of moneys received by me as supervisor. 
 Amount received from [state ivhom — see pars. 24, 75]. $10 25 
 Total cash road tax collected, as show^n by "Abstract 
 
 of Koad Tax " returned to clerk on , 18—.. 89 50 
 
 Amount of road tax received from township trustees. 25 00 
 Collected by suit from [state ivhom—see pars. 24, 75]. 7 50 
 Etc., etc 
 
 Total receipts ' $132 25 
 
 (1) But he can not be held personally liable for the payment of costs 
 in such cases. See paragraph 3, and Bittle v. Hay, ^ Ohio, 269. 
 
 An action for obstructing a highway should be brought, not in the 
 name of the supervisor (individually), but the plaintiff should be su- 
 pervisor of road district No. , in township , of county. 
 
 Hill V. Supervisor, 10 Ohio St. 622. 
 
 Where, in an action before a justice of the peace, the plaintiff was 
 described as A. B., supervisor of road district No. 6, Stonecreek, Cler- 
 mont county, on appeal, the supervisor for the time being may file his 
 petition as '^The Supervisor of Road District No. 6," etc. lb. 
 
"•] 
 
 ROAD WORK, ETC., GENERALLY. 
 
 23 
 
 80. [Second.] 
 
 Statement of moneys expended by me as supervisor. 
 
 [Give the items of all moneys expended. It is sup- 
 posed, of course, that the supervisor has taken a receipt 
 for every cent expended. These receipts should be num- 
 bered in the order of their dates, and are, in this settle- 
 ment, the supervisor s vouchers for the truth of his state- 
 ments as to expended money.] 
 
 TO WHOM PAID AND WHAT FOR. 
 
 No. of 
 Voucher. 
 
 Amount 
 
 
 
 
 
 
 
 
 
 
 
 
 • 
 
 
 
 
 
 
 
 ^ 
 
 
 
 
 
 
 
 
 
 Total expeaditures 
 
 $1^28 75 
 
 Total received $132 25 
 
 Total expended 128 75 
 
 Balance on hand.. $3 50 
 
 81. [Third.] 
 
 Statement of my personal account. 
 
 I was employed in the discharge of my official duties, 
 as follows : 
 
 Superintending labor days. 
 
 Attending suits *' 
 
 Etc., etc <' 
 
 Etc., etc '* 
 
 Total 20 days. 
 
 Due me, at $1.50 per day, $30. 
 For which I ask an appropriation. 
 
 1 certify the foregoing to be a correct report of my pro- 
 ceedings, and a true statement of my receipts and ex- 
 penditures, during my term of office as supervisor since 
 my election in April last. 
 
 A B , Supervisor. 
 
 82. Receipt for road implements returned to trustees. The 
 supervisor should then get a receipt from the trustees for 
 
24 ROAD supervisors' manual. [chap. 
 
 the plows, scrapers, etc., which he returns to them as re- 
 quired of him by paragraph 25. 
 
 83. The form of this receipt may be as follow^s: 
 
 NO. 
 
 1 
 
 1 
 
 1 
 
 10 
 
 NAMES OF ARTICLES. 
 
 Road plow 
 Scraper . . . 
 
 Scraper 
 
 Shovels 
 
 Etc. 
 
 CONDITION. 
 
 Nearly new. 
 New. 
 
 Much worn. 
 Worn. 
 
 Received the articles above mentioned from A 
 
 B , supervisor of road district No. , this day 
 
 of ,18—. 
 
 J C , 
 
 C S , 
 
 0— P , 
 
 Township Trustees. 
 
 84. Ptnahies against supervisors. A supervisor who neg- 
 lects or refuses to perform the several duties enjoined on 
 him by this chapter, or who, under any pretense whatever, 
 gives or signs 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 before the giving or signing of such receipt 
 or certificate, will forfeit, for every such offense, not less 
 than five dollars nor more than fifty dollars, to be recov- 
 ered in an action before a justice of the peace within the 
 township where he resides; and the trustees of the town- 
 ship must prosecute all offenses agninst the provisions of 
 this paragraph ; but if a supervisor conceives himself ag- 
 grieved by the judgment of such justice, he may, on giv- 
 ing sufficient security for the payment of costs, appeal to 
 the court of common pleas; which must make such order 
 therein as to it may appear just and reasonable. (4742. ) 
 See also paragraph 63, chapter 2, and paragraphs 23 and 
 24 of chapter 4. 
 
 85. Compensation. Every supervisor must be paid for his 
 services, not more than one dollar and fifty cents per day, 
 for the time he is actually employed on the roads; but no 
 supervisor can be allowed, in any one year, more than 
 twelve dollars, in addition to the remuneration for his two 
 davs' labor on the roads, when the number of persons in 
 his district, liable to work on the roads, does not exceed 
 twenty-five; not more than sixteen dollars, when the 
 number so liable is more than twenty-five and less than 
 thirty-five; not more than twenty-five dollars, when the 
 
n.] ROAD WORK, ETC., GENERALLY. 25 
 
 number so liable is not less than thirty-five nor more than 
 fifty ; and not more than thirty-five dollars, when the num- 
 ber so liable exceeds fifty; but a supervisor that is required, 
 by any law of the state, to repair a turnpike road, or any 
 part thereof, must be allowed not exceeding eight per 
 cent, for the amount of the labor performed under his di- 
 rection as supervisor, repairing such turnpike or working 
 out the road tax in his district; but in no case shall he 
 receive more than one dollar and fifty cents per day. 
 (1533). 
 
26 ROAD supervisor's manual. [chap. 
 
 CHAPTER III. 
 
 RELATING TO FREE TURNPIKES. 
 
 1. Repairs of Improved Roads, 
 
 w 
 
 1. What are ^^ improved roads ^^ — How repaired. All macad- 
 amized roads which are free roads, whether constructed 
 under general or local laws by taxation or assessment, or 
 both, or converted by purchase or otherwise from a toll 
 road into a free road under any law, and all turnpike 
 roads, or parts thereof, unfinished or abandoned by any 
 turnpike company, and appropriated or accepted by the 
 commissioners of the county, must be kept in repair as is 
 provided in this chapter. (4876.) 
 
 2. The greater part of the duties relating to such re- 
 pairs fall upon officers other than supervisors, as will be 
 seen by this chapter. But it will also be seen that super- 
 visors are, or may be, also charged with certain duties in 
 relation to these repairs, and therefore so much of the law 
 relating to this subject as may be useful to supervisors, for 
 the purpose of showing them what duties are not theirs, 
 and what others are or may become theirs, is here given. 
 
 SPECIAL PROVISIONS FOR CERTAIN COUNTIES. 
 
 3. In certain counties. Formerly, in Darke, Logan, Cler- 
 mont, and Shelby counties, improved roads were under 
 the charge and control of officers entitled pike superin- 
 tendents, and with them supervisors had nothing to do, 
 except that the township trustees set off certain persons, 
 who had to perform their two days' labor, and their labor 
 in commutation of taxes, under the direction of these su- 
 perintendents. The supervisor could not order nor com- 
 pel such persons to labor under him. The township 
 trustees had to give these superintendents the use of the 
 township plows, scrapers, and other road implements. 
 Some understanding was therefore necessary, through the 
 township clerk and trustees, what persons were so set off, 
 and when those implements could be used by the super- 
 visor, and when by the superintendents, in such road dis-. 
 tricts where both these officers had work to do. See §§ 
 
 4877-4888. But by changes in the law,^ no counties are 
 now in this class. 
 
 4. In certain other counties. The law makes each town- 
 
 (1) Including the repeal of <S4877, in 91 O. L. 183; see old $4877; note 
 to par. 3, chapter 10, of Giauqhe's " Road and Bridge Laws," 
 
 i 
 
III.] RELATING TO FREE TURNPIKES. 27 
 
 ship in the counties of Belmont, Brown, Butler, Carroll, 
 Champaign, Clermont, Clinton, ColumlDiana, Cuyahoga, 
 Darke, Delaware, Erie, Fayette, Franklin, Geauga, Greene, 
 Hamilton, Harrison, Henry, Licking, Lucas, Madison, 
 Montgomery, Muskingum, Ottawa, Preble, Portage, Picka- 
 way, Ross, Stark, Summit, Trumbull, Tuscarawas, Wash- 
 ington, Warren, and Wayne, in which any such free road 
 is located, a road district for the care and maintenance 
 thereof. (4889, as am., 91 0. L. 355.) 
 
 5. Auditor to give notice to township clerk. Unless such no- 
 tice has heretofore been given, the auditor of each of said 
 counties must immediately give notice to the clerk of each 
 township in which any such road is located, that the 
 trustees are required to take the charge and control 
 thereof; and the auditor must give the like notice upon 
 the acceptance or appropriation of any other macadamized 
 or graveled road by the county commissioners. (4890.) 
 
 6. Powers of township trustees. The township clerk, on re- 
 ceipt of such notice from the auditor, must immediately 
 notify the township trustees of such fact, who will, upon 
 receipt of the notice, have full charge and control of all 
 such roads as are herein provided for within their town- 
 ship ; and the trustees must divide such road or roads into 
 sections of not less than one-half mile each, and keep 
 them in good repair, and in good condition for all kinds 
 ot public travel; and for that purpose they are invested 
 with all necessary powers as to drainage, and the procur- 
 ing and removal of material required for repairs on such 
 roads, as are or may be conferred by law upon supervisors. 
 (4891.) 
 
 7. 'Trustees may assign roads to supervisors. The trustees 
 may, at their regular March session, each year, apportion 
 and assign to the several supervisors of roads in their 
 townships, such road or roads, or any part or parts thereof, 
 in the road district of such supervisors respectively, to be 
 by them kept in repair, as required in paragraph 6, and 
 under the control and supervision of the trustees. (4892, 
 as am. 81 v. 187.) 
 
 8 Labor and taxes to be set off. The trustees must pro- 
 vide means for keeping in repair all such roads within 
 their township, and for that purpose must set off persons 
 and districts; such persons must perform their two days* 
 labor as required by law, and also labor in commutation 
 of taxes, the same to be worked out under the direction 
 of such supervisors, or other suitable persons, as provided 
 in paragraphs 6 and 7, and under the control and supervi- 
 sion of the trustees; and such supervisors or persons are 
 authorized to give receipts therefor. The trustees must 
 set off", from the common road fund of their township 
 such amount as seem equitable to them, to be an improved 
 
28 ROAD SUPERTISOR's manual. [ ^HAP. 
 
 road fund, especially applicable to the care and improve- 
 ment of such roads, and may also allow the use of any 
 plows, scrapers, or other implements owned by the town- 
 snip for road purposes, and do certain other things speci- 
 fied. (4894, as am, 84 v. 85, see par. 3, ) 
 
 IN ALL OTHER COUNTIES-^ 
 
 9. In every other county, the county commissioners are 
 constituted a board of directors, in which the management 
 and control of all such roads, in their respective counties, 
 is exclusively vested. (4896.) 
 
 10. Board of turnpike directors. The directors at their 
 first meeting, must divide the county into three districts, 
 as nearly equal in number of miles of turnpike, and con- 
 veniently located, as may be practicable, and each direc- 
 tor must have the personal supervision of one of such dis- 
 tricts, subject to all rules and regulations that may, from 
 time to time, be agreed upon by the board; and the direc- 
 tors must hold a meeting, as such board, at least once in 
 three months, at their office at the county seat, and be 
 governed, in all transactions, by the rules governing 
 county commissioners. (4897.) 
 
 11. The proceedings of these directors must be recorded 
 in a book, which must be open to the examination of all 
 persons interested; and they must cause notice to be pub- 
 lished, in at least one newspaper of general circulation 
 throughout the county, of such rules as may be adopted 
 for the regulation of labor and travel on such roads.^ 
 (4898, as am. 81 v. 96.) 
 
 12. The directors may appoint suitable persons to super- 
 intend the work of repairs on these improved roads. 
 (4898, as am. 81 v. 96.) 
 
 13. Theie is nothing to prevent them from employing the 
 supervisors of the districts in which such roads lie as such 
 superintendents, if they are suitable persons. Such superin- 
 tendents, whether supervisors or not, must be governed by 
 such lawful rules and instructions as these directors may 
 adopt and give to the superintendents, and by the laws 
 governing supervisors, as far as they are applicable. 
 
 (1) Champaign and Lucas counties have laws applicable to those 
 counties only. See 87 v. 198. 
 
 (2) They have other rights and duties, which need not be fully 
 specified here. For instance, they may contract for labor and mate- 
 rial, either at public sale or private contract; they may certify to the 
 county auditor the amount of money needed to keep the roads in re- 
 pair; they may enter any lands in the county, and take gravel or 
 other material necessary'for the repair of the roads, for which, and 
 for the damages done by reason of such removal of material, 
 they must give the owner a certificate, which must be paid for by the 
 county out of the turnpike fund. Provision is also made for the fix- 
 ing of the value of this material bv the probate court, if the owner is 
 not satisfied with the amount allowed, and for the levy of taxes for 
 the benefit of such roads, their collection and expenditure, etc. 
 (4899-4907.) 
 
 i 
 
III. J RELATING TO FREE TURNPIKES. 29 
 
 14. Township trustees to apportion road labor. In townships 
 wherein such roads are located, and placed under the con- 
 trol of turnpike directors under the provisions of this 
 chapter, tlie township trustees must, at their annual meet- 
 ing in March, designate and set off such portion of the 
 two days' labor as they may deem just and equitable, to 
 be performed under the control of the board of directors 
 or their superintendents, subject to all the rules and regu 
 lations of law for its performance under the direction of 
 road supervisors.^ (4902.) 
 
 15. Compensation. The compensation for services of su- 
 perintendents is subject to the agreement of the board, 
 but not to exceed two dollars and fifty cents per day for 
 time actually employed, and to be paid out of the turn- 
 pike fund. (4903.) 
 
 16. Width of tire prescribed. It is unlawful to transport 
 over the roads mentioned in paragraph 1, page 26, in any 
 vehicle having a tire of less than three inches in width, a 
 burden of more than 2,000 pounds. The county commis- 
 sioners, acting as turnpike directors, may also prescribe 
 the increased weight in quantity greater than 2,000 pounds, 
 that may be carried in vehicles having a width of tire of 
 three inches or upward, and cause such regulations to be 
 recorded in their journal. It is made the duty of designated 
 officers to prosecute for a violation of the requirements of 
 this section, or of the regulations prescribed by the board, 
 the person or persons violating the same ; and said com- 
 missioners may appoint some person or persons to enforce, 
 by suit, these provisions, for which such persons are to be 
 paid as further specified in the amended section 4904 ; in 
 which section injunctions are also provided for; but no 
 duties are prescribed for the supervisor. (4904, as am., 91 
 O. L. 162.) 
 
 17. Penalties for violation of rules. Any person who vio- 
 lates, either by himself or agent, any of the rules or regu- 
 lations adopted by the board, and recorded in their book 
 of records, must, upon conviction thereof before any jus- 
 tice of the peace of the county, or any court having com- 
 petent jurisdiction, be fined in any sum not less than ten 
 dollars for each offense; and all such fines must be paid 
 into the county treasury for the use of the turnpike fund. 
 (4905.) 
 
 18. Parts of roads in cities and villages to be repaired. The 
 commissioners must keep in repair such portions of such 
 roads within their respective counties as have since their 
 completion been included, or may hereafter be included, 
 within the corporate limits of any city or village in such 
 counties, to points therein where the sidewalks have been 
 curbed and guttered, and no further. (4906.) 
 
 *l) See last part of paragrap^i 3, this chapter. 
 
30 ROAD supervisors' manual. [chap. 
 
 II. The Building of Free Turnpikes. 
 
 19. Certain taxes and labor to he applied toward building free 
 turnpikes. Chapter 7 of the law relating to roads is de- 
 voted to "One Mile Assessment Pikes," which are free 
 turnpikes, built at the request of a majority of the hold- 
 ers of land situate within one mile of such roads, from 
 taxes levied on all property so situated. It is only neces- 
 sary to state here that the law defines what proceedings 
 must be had; that the county commissioners must appoint 
 three freeholders of the county, who are then called road 
 commissioners, and who become a corporation to lay out 
 and establish such a road. All this in no way concerns 
 the supervisor, except so far as stated in the following 
 paragraphs. Though the provisions of these paragraphs 
 are found in the chapter mentioned, yet they are made ap- 
 plicable by section 4812 (as am., 91 0. L. 11), to all free 
 turnpikes, as well as to one mile assessment pikes. 
 
 20. So much of any part of the taxes annually levied 
 for road purposes by the trustees of townships, which may 
 be collected within the bounds of any free turnpike road, 
 including the two days* labor authorized by law, must be 
 applied in the construction and repair of the road, under 
 the direction of the road commissioners, or their agents, 
 until the road is completed. (4788.) 
 
 21. If, before the completion of the road, the trustees 
 fail to direct the supervisors of any road district, the 
 whole or any part of which is within the bounds of any 
 free turnpike road, to apportion the labor provided for in 
 the preceding paragraph, annually, before the first day of 
 May, and to give notice thereof in writing to the commis- 
 sioners aforesaid, then all persons liable to do two days' 
 labor, annually, on the public highways, residing within 
 the bounds of any free turnpike road, must do the same 
 under the direction of the commissioners or agents of such 
 road. (4789.) 
 
 22. All such persons must perform such labor, after 
 being notified three days previous to the time of doing the 
 same, between the first day of April and the first day of 
 July; but they may pay to the superintendent the sum 
 of three dollars, in lieu of said two days' work, if paid 
 when notified to do the work; and in case of refusal or 
 neglect to do the same, the person so offending shall pay 
 a fine of one dollar, and shall further be liable, in case 
 of non-attendance, to the amount allowed for two days* 
 work, to be collected by the road commissioners, in the \ 
 same manner that supervisors are authorized to collect in ^ 
 similar cases. (4790.) ? 
 
 23. When such roads turned over to county commissioners ^ hoio 
 kept in repair^ etc. These road commissioners must pros- 
 
 -^i 
 
m.] RELATING TO FREE TURNPIKES. 31 
 
 ecute for all obstructions or other injuries to such roads 
 while in their charge, and as fast as completed, such road 
 must be turned over to the county commissioners, and 
 must then be kept in repair as stated in the first part of 
 this chapter. (4795, 4796, 4827.) 
 
 24. Road may he made toll road, how and why. When two 
 consecutive miles or more of any free turnpike road is 
 made in good order for travel or transportation, and the 
 taxes applicable thereto and the two days' labor will not 
 keep the same in repair, the county commissioners may, 
 in the manner prescribed by law, but not necessary to be 
 described here, place toll-gates on such road, and so much 
 toll may be collected as, when added to the common tax 
 of the grand levy and the two days' work, will keep the 
 road in good repair. (4801.) 
 
 25. Who io build bridges, culverts, etc. When the county 
 commissioners believe the public requires it, they must 
 build any or all bridges and culverts on such roads, 
 and pay for all material used in the construction or repair 
 of such roads, in such manner as they deem best. (4800, 
 as am. 83 v. 167.) 
 
32 ROAD supervisor's manual. [chap. 
 
 CHAPTER IV. 
 
 MISCELLANEOUS PROVISIONS 
 
 POINTING OUT WHAT ARE THE DUTIES OF THE SUPERVISOR, ANB 
 WHAT ARE NOT IN CERTAIN MATTERS — SOME CRIMINAL LAWS. 
 
 1. Guide-hoards. The township trustees must cause to be 
 erec+^ed and kept in repair, at the expense of the town-, 
 ship, a post and guide-board, at all such forks and cross^ 
 roads as are kept in repair for general public travel, and 
 lead to some village, depot, or other important public place. 
 This guide-board must direct the way and distance to 
 the village, etc., on each of such roads. (4734.) 
 
 2. Watering places — taxes abated. The township trustees may 
 expend fifty dollars per year in providing and maintaining 
 suitable places for procuring water for persons and animals 
 on the public highways in their township. (4736, as am., 
 87 0. L. 14.) They must annually abate three dollars from 
 the highway tax of any inhabitant of a road district, who 
 constructs on his own land, and keeps in repair, a water- 
 ing trough beside the public highway, well supplied with 
 fresh water, the surface of which is two or more feet above 
 the level of the ground, and easily accessible for horses 
 with vehicles. But said trustees may designate the num- 
 ber necessary in each road district, and this tax will be 
 abated for these only. (87 v. 38.) 
 
 3. ^^ Black knot,^^ '^ peach yellow,^' etc. For about a year, the 
 law required road supervisors (and others) when notified in 
 writing by any person that any plum or cherry trees in his 
 district had "black-knot," or that any peach trees had 
 either '^ peach yellows," or " peach rosettes," to cause such 
 trees to be cut down and burned ; or, where practicable, 
 the deceased branches of such trees to be so destroyed each 
 yeai; as to prevent the spread of said diseases. But this 
 law is now repealed, and provision is made for the appoint- 
 ment of a commission by the township trustees. These 
 commissioners, and the owners of any such trees, have 
 powers, rights, etc., fully provided for bv law, which need 
 not be stated fully here. (See 91 v. 108-il3.) 
 
 4. How road funds used^ etc. When the township receives 
 money from the county treasury for road purposes, the 
 trustees must cause it to be appropriated to building bridges 
 or repairing roads within their township; and after public 
 notice, let by contract to the lowest bidder (if, in their 
 opinion, he is competent to perform it) such part or parts of 
 any road as they deem expedient, so far as such money will 
 go; and when such labor is performed agreeably to the 
 contract, the trustees must draw an order in favor of the 
 contractor who did said work, to pay for it. (1459 ) 
 
 
IT.] MISCELLANEOUS PROVISIONS. 33 
 
 5. Bridges and approaches on state and county roads, etc. The 
 county commissioners must construct and keep in repair 
 all necessary bridges, and the approaches to them, over 
 streams and public canals, on all state and county roads, 
 free turnpikes, improved roads, and abandoned turnpikes 
 and plankroads, except in certain cities and villages.^ The 
 trustees of the several townships must cause to be built 
 and kept in repair all bridges and culverts, except upon 
 improved and free turnpike roads, when the cost of con- 
 struction does not exceed fifty dollars, and must keep in 
 repair all bridges constructed by the commissioners; but 
 such repair by said trustees of any such bridge, in any 
 year, must not exceed ten dollars. (860, as am., 91 v. 19; 
 861, 4940.) 
 
 6. As to overflowed roads. When any of the principal pub- 
 lic roads in any county, except turn-pike toll-roads, are 
 subject to overflow, so as to render them at any time unfit 
 for public travel or transportation, the county commission- 
 ers may repair or reconstruct such roads by changing the 
 beds of small streams to avoid crossing, or by changing 
 roads to avoid bridges, or by building embankments suflic- 
 iently^levated above all such overflows. (4922, as am., 77 
 V. 86.) 
 
 7. County commissioners to repair certain dafnaged highways, 
 how. When any one or more of the principal highw^ays of 
 any county, or any part of such higways, have been de- 
 stroyed or damaged by freshet, land-slide, wear, or water- 
 courses or any other casualty, or by the large amount of 
 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 com- 
 missioners of such county are satisfied that the ordinary 
 levies authorized by law for such purposes will not provide 
 enough money to repair such damages or to remove ob- 
 structions from or to make the changes or repairs in such 
 road or roads as are rendered necessary from the causes 
 herein enumerated, said commissioners may annually there- 
 after, levy a tax at their June session, of any sum not ex- 
 ceeding five mills upon the dollar upon all taxable property 
 of the county, to be expended under their direction in such 
 manner as may seem to them most advantageous to the 
 interest of the county, for the construction, reconstruction, 
 or repair of such road or roads, or any part thereof. There 
 are other provisions as to levies in this law% which need not 
 be stated here. (See 4919, as am., 91 v. 399.) 
 
 8. Repair of, in certain cases. AVhen a county road is in- 
 jured or destroyed by the washing of any lake, river, or 
 creek, or by any washing or sliding of land occasioned by 
 natural drainage, the trustees of the township in which 
 such injury or loss of road has occurred, upon petition of 
 any six freeholders of the township, must call to their aid 
 
 (1) Supervisors have nothing to do in or with these cities and vil- 
 lages. See page 6. 
 
34 BOAD supervisors' manual. [chap. 
 
 a competent surveyor, and proceed to examine such road; 
 and if, upon such examination, the trustees, or a majority 
 of them, are satisfied that such road has been destroyed, 
 or so much injured that the public good requires an altera* 
 tion of the same, they must proceed to alter and lay out 
 so much of the new road as may supply the several parts 
 of the road thus destroyed or injured. (4665.) 
 
 9. When the supervisor finds that a county road has 
 been so injured or destroyed, he should not attempt to re- 
 pair it with the work at his command, but should report 
 it to the trustees for their action. 
 
 10. Sidewalks along roads authorized. Any person, board 
 of education, village council, cemetery association trustees, 
 or any agricultural or religious society, may appropriate on 
 any public road of sufficient width on either side thereof, 
 sufficient land to construct thereon a public sidewalk not 
 exceeding six feet in width, and may construct such side- 
 walk thereon ; but such sidewalks must not obstruct any 
 private entrance or public highway. (4909, as am. 86 v. 33.) 
 
 11. Certain toll-roads may be declared abandoned. Turn- 
 pikes and plankroads, or parts of them, remaining unfin- 
 ished for five years, or allowed to remain out of rejjair for 
 six months, may be declared abandoned, and may be ap- 
 propriated by the county commissioners in such way as 
 the law prescribes. (4913-4918.) But the supervisor will 
 have nothing to do with such abandoned road, until offici- 
 ally notified in writing by the proper authorities. See note 
 4, page 5. 
 
 12. Whenever a public road is crossed by a railroad, the 
 railroad company must erect, at a sufficient elevation from 
 such public road to admit of the free passage of vehicles 
 of every kind, a sign with large and distinct letters placed 
 thereon, to give notice of the nearness of the railroad, and 
 to Avarn persons to be on the lookout for the locomotive. 
 Such railroad company must also make, at every point 
 where any public road, street, lane, or highway used by 
 the public crosses such railroad, safe and sufficient cross- 
 ings, and keep the same in good repair; and for any 
 neglect so to do, such company will be liable to all dam- 
 ages to person or property, in any manner caused therebv. 
 (3323, 3324, as amended, 91 0. L. 297.) 
 
 13. Toll-roads may be made free turnpikes — Repairs of. The 
 law provides that toll-roads owned by private corporations 
 may be purchased and converted into free turnpikes, to be 
 kept in repair as provided in Chapter III; but if the 
 county commissioners are of opinion that such road is not 
 in repair and condition equal to free turnpikes in the 
 vicinity thereof, they are authorized, at their discretion, 
 to assess on the lands taxed for the purchase thereof an 
 amount which will, in their judgment, put it in repair 
 equal to the free turnpikes. (4865-4872.) 
 
 14. Debts not to be contracted by supervisors ^ ete.^ without au- 
 thority. No officer or agent of the township can make anj^ 
 
j IV.] MISCELLANEOUS PROVISIONS. 35 
 
 j contract binding, or purporting to bind the township, to 
 I pay any sum of money not previously appropriated for the 
 ' purpose for which such contract is made, and remaining 
 j unexpended and applicable to such purpose, unless he'has 
 ii been authorized to make such contract; and if he make 
 ! or participate in making a contract without such appro- 
 j priation or authority, he will be personally liable thereon, 
 ! and the township in whose name or behalf the same was 
 ] made will not be liable thereon. (17.) 
 
 j 15. Duties, etc., of supervisors as to hogs running at large. 
 
 ! It is the duty of all road supervisors, upon view or infor- 
 
 riiation, to cause all swine found running at large upon 
 
 roads within their respective districts to be impounded, 
 
 and such further proceedings had as are required by law 
 
 I in such cases ; if any such road supervisor fails or refuses 
 1} to perform such duty, he is liable to be fined not less than 
 \ two, nor more than five dollars for each offense, to be col- 
 i' lected in a suit brought in the name of the State of Ohio, 
 
 i on complaint of any person feeling aggrieved, before a jus- 
 ' tice of the peace or other court having jurisdiction where 
 the offense is committed; and the trustees of the township 
 'jare authorized and required to retain, from any sum that 
 |i may be due and unpaid to such supervisor for services ren- 
 i dered in his official capacity, any unpaid costs or fines so 
 
 II arising. He is entitled to fifty cents for each swine so im- 
 'pounded by him. (4203, as amended 77 0. L. 318; 4204, 
 ,4208.) 
 
 i 16. Supervisor s duty as to hedges. If the owner of any 
 
 i hedge along a public highway permits such hedge to be 
 
 more than six feet high or w^ide for a longer time than 
 
 : six months, or leave the cuttings therefrom on the high- 
 
 t'way longer than ten days, he will be liable to the town- 
 
 I ship trustees in a sum not over fifteen cents per rod of 
 
 such hedge; audit is the duty-of the supervisor to bring 
 
 suit against such owner so offending, before a justice of 
 
 the peace of the township in which the hedge is, first giving 
 
 such owner twenty days' notice or more, that such hedge 
 
 is unlawful, and that unless cut to a proper height Vvithin 
 
 twenty days, suit will be commenced for such violation. 
 
 (4253, 4255.) 
 
 SOME CRIMINAL LAWS RELATING TO ROADS AND SUPERSVISORS. 
 
 17. Whoever abuses any judge or justice of the peace in 
 V the execution of his office, or knowingly and willfully re- 
 sists, obstructs, or abuses any sheriff, constable, or other 
 j officer \ in the execution of his office, shall be fined not 
 more than five hundred dollars, or imprisoned not more 
 I: than thirty days, or both.^ (6908.) 
 
 (1) See note 1, page 1. this book. 
 
 (2) Includes supervisor; see note 1, page 1. 
 
36 
 
 ROAD SUPXRVISOR S MANUAL. 
 
 CHAP.' 
 
 18. Any supervisor, whether elected or appointed, who 
 embezzles, or converts to his own use, or conceals with such 
 intent, any thing of value that comes into his possession 
 by virtue of his office, or sells any property of the town- 
 ship for his own use, is guilty of embezzlement, and shall 
 be punished as for larceny of the thing embezzled.^ (6847, 
 6842, as am. 83 v. 23 ) 
 
 19. Whoever maliciously demolishes, throws down, al- 
 ters, or defaces any mile-stone, mile-board, mile-post, guide- 
 board, or guide-post, standing on any public road, shall be 
 fined not more than fifty dollars, or imprisoned not more 
 than ten days, or both. (6879.) 
 
 20. Depositing dead animals^ offals, etc., into or upon roads, etc. 
 Duty of supervisor. Whoever puts the carcass of any dead 
 animal, or the offal from any slaughter-house or butcher's 
 establishment, packing-house, or fish-house, or any spoiled 
 meats, or spoiled fish, or any putrid animal substance, o.' 
 the contents of any privy vault, upon or into any lake, 
 river, bay, creek, pond, canal, road, street, alley, lot, field, 
 meadow, public ground, market space, or common, and 
 whoever, being the owner or occupant of any such place, 
 knowingly permits any such thing to remain therein, to 
 the annoyance of any of the citizens of this state, or neg- 
 lects or refuses to remove or abate the nuisance occasioned 
 thereby within twenty-four hours after knowledge of the ex- 
 istence of such nuisance upon any of the above described 
 premises owned or occupied by him, or, after notice thereof 
 in writing from any supervisor, constable, trustee, health 
 officer of any municipal corporation or township in which 
 such nuisance exists, or county commissioner, is liable to 
 be fined from ten to fifty dollars, and to thirty days im- 
 prisonment. (Part of 6923, as am., 87 0. L. 349.) 
 
 21. Suffering Canada thistles to grow on land or highway. 
 Whoever knowingly vends any grass or other seed, in or 
 among which there is any seed of the Canada thistle, 
 white or yellow daisey, and whoever, being the owner or 
 possessor of any land, suffers any Canada thistle to grow 
 and ripen seed thereon, or on the highway adjoining the 
 same, shall be fined twenty dollars. (7001.) 
 
 22. The owner or operator of any mill, or other manu- 
 facturing establishment, near to any public highway, who 
 fails to build or maintain a covert to any water or other 
 wheel attached to such mill or establishment, and exposed 
 to view, shall be fined not more than fifty dollars, and be 
 liable in damages to any person injured in person or prop- 
 erty in consequence of the fright or alarm of any animal 
 from the action of such wheel. (7009.) 
 
 (1) For the larcenv of anything of less value than thirty-five dollars, 
 the penalty is fine of two hundred dollars or less, or imprisonment in 
 the county jail not more than thirty days, or both. If valued at thirty- 
 five dollars or more, imprisonment in penitentiary from one to seven 
 years. (6556.) 
 
IT,] MISCELLANEOUS PROVISIONS. 37 
 
 23. Whoever, knowing the same to be false or fraudu- 
 lent, makes out or presents for payment, or certifies as 
 correct, to the general assembly, or to either house thereof, 
 or any committee thereof, or to the auditor of state, or 
 other state officers, or board of officers, or to the auditor 
 or commissioners, or other officers, of any county, or to 
 the auditor or other accounting officer of any municipal 
 corporation, or to any township trustees^ or other township offi- 
 cer, any claim, bill, note, bond, account, pay-roll, or other 
 evidence of indebtedness, false or fraudulent, in whole or 
 in part, for the purpose of procuring the allowance of the 
 same, or an order for the payment thereof out of the 
 treasury of the said state, county, township, or municipal 
 corporation ; and whoever, knowing the same to be false, 
 and fraudulent, receives payment of any such claim, ac- 
 count, bill, note, bond, pay-roll, voucher, or other evidence 
 
 j of indebtedness, from the treasurer of the state, or of 
 f any county, township, or municipal corporation, shall, if 
 f such evidence of indebtedness so made out and presented, 
 I or certified, or of which payment is received, is false or 
 't fraudulent to the amount of thirty-five dollars, or more, 
 be imprisoned in the penitentiary not more than ten years, 
 nor less than one year, or, if false or fraudulent to an 
 amount less than that sum, be fined not more than two 
 hundred dollars, or imprisoned not more than thirty days, 
 or both. (7075.) 
 
 24. No supervisor shall directly or indirectly be con- 
 erned in any contract for working out the road tax, other 
 
 I' than his own, under penalty provided in paragraph 84, 
 • page 29. (87 v. 222.) See also said paragraph 84. 
 
 l! 
 
ll 
 
 I 
 
INDEX 
 
 Action. See Suit, Justice of the peace. 
 
 Agent — 
 
 of corporation must not obstruct road 19, 20 
 
 Auditor. See County Auditor. 
 
 Ballot- 
 cast for supervisor, when void, etc 1 
 
 Black-knot, etc., in Fruit Trees— 
 
 who must destroy 32 
 
 Bond — 
 
 supervisor must give 2, 3 
 
 form of 3 
 
 effect of not giving 3 
 
 blanks for, should be furnished 4 
 
 must be given in case of new road, etc 7, 9 
 
 Briers. See Weeds, etc. 
 
 Bridge, Culvert- 
 how made, repaired, etc., and by whom 11, 31, 32, 33 
 
 drift against, to be removed by supervisor 18 
 
 foot-bridges may be built by supervisor 18 
 
 over mill races* * note 20, 21, 22 
 
 Bushes, Burrs. See Weeds, etc. 
 
 Canada Thistle and other Noxious Weeds, etc. 
 
 must be destroyed, when and by whom 19, 36 
 
 penalty concerning .' 36 
 
 Cars. See Railroad. 
 Cemetery — 
 
 road to 6 
 
 Certificate — 
 
 of extra work done on roads ^10 
 
 of materials taken to make, etc.. roads * 11 
 
 of work done in improving certain roads 15, 17, 18 
 
 holder entitled to what credit for 18 
 
 Clerk— 
 
 of township. See Township Clerk. 
 
 Commissioners. See County Commissioners. 
 
 Co m m utatio n — 
 
 in lieu of poll tax 15,16,30 
 
 Cotnpensation. See also Labor, Taxes. 
 
 of supervisor 18,19,24,25 
 
 of land-owner, for cutting weeds, etc 19 
 
 of pike superintendents 29 
 
 Conductor. See Railroads. 
 
 Counties — 
 
 free turnpikes among, classified, etc 26,27,28 
 
 County Auditor — 
 
 duties of, in certain cases .7, 13, 14, 15, 21, 27 
 
 Corporation — 
 
 must not obstruct roads 19, 20 
 
 liable for fines, etc., against emploves 20,' 21 
 
 turnpike directors are a .* 30 
 
 County Commissioners— 
 
 duties of, in certain cases 7, 26, 30, 31, 32, 33 
 
 as to free turnpikes 26 31 34 
 
 may prescribe width of tire .'...' 29 
 
 Damages. See also Penalty 20, 34 
 
 (39) 
 
40 INDEX. 
 
 IHstricts. See Road Districts. 
 Ditches and Drains— 
 
 must be marie anrl kept open, by whom, how, etc 8, 12 
 
 must not bo obstructed under penalty '12 
 
 county drain along road ' 8, 34, .34 
 
 Drains, See Ditches and Drains. 
 
 Drift— 
 
 against bridges, to be removed by supervisor. 18 
 
 JElection — 
 
 of supervisor. 1 
 
 as to extra road tax 13 
 
 Electors— 
 
 who may vote for supervisor 1 
 
 vote as to extra road tax, when 13 
 
 Ji'mbanh^neut — 
 
 to protect road, to be built when. 33 
 
 Engineer, See also Railroads. 
 
 must not obstruct road crossing 19, 20 
 
 Eocecntors — 
 
 to receive certificate of materials taken 11 
 
 Fences — 
 
 to be removed by whom, and when 7, note, 8, 9, and notes. 
 
 Fines. See also Penalties 20,21,22,23,24,29,35 
 
 Fires— 
 
 in woods, prairies, etc., ho)^ extinguished 21 
 
 penalty for starling, etc 35 
 
 Fonns — 
 
 of oath of office 3 
 
 of official bond 3 
 
 of notice to remove fences, etc 8 
 
 of notice to help remove obstruction 10 
 
 of certificate for work in such case 10 
 
 of certificate of materials taken for road 11 
 
 of certificate for road tax worked out 15, 16, 21 
 
 of indorsement on certificate 18 
 
 of certificate for labor against fires 21 
 
 of supervisors' report and settlement 22, 24 
 
 of supervisors' receipt for plows, etc., received from trustees. 12, 25 
 
 Freeholders — 
 
 may do what, if gravel, etc., on road is not leveled off 13 
 
 may petition for certain extra road tax 15,33 
 
 duties of, as to width of tire, weight of load, etc 29 
 
 Free Boads. See also Roads and Highways, Free Turnpikes. 
 
 defined 6,26-31 
 
 duties of supervisor, as to. See Supervisor. 
 
 Free Turnpikes — 
 
 defined ... 6.26 
 
 how built, repaired, etc 6,26-31 
 
 directors of certain 28, .30 
 
 may become toll road, how and why 31 
 
 Gravel. See Materials for Making, etc., Road. 
 
 Guardian — 
 
 to receive certificates for materials taken. 11 
 
 Guide Boards — 
 
 trustees must erect, where, etc '^2 
 
 must contain what 32 
 
 penalty for injuring 36 
 
 Mouse of Worship — 
 
 road to 6 
 
 I 
 
INDEX. 
 
 41 
 
 Hedges— 
 
 owner's and supervisor's duty as to 
 
 Itnplenients, etc. — 
 
 must be furnished by trustees to supervisor. 12, 26 
 
 and to pike superintendents 30 
 
 how paid for 32 
 
 must be receipted for and described. 12, 24 
 
 must be returned, when, 12 
 
 Improved Boads— 
 
 defined ' ^ 
 
 duties of supervisor, as to 5, 14-17 
 
 Judges of Election— 
 
 duties of, as to supervisor 1, 2 
 
 Justice of the Peace. See also Suits. 
 
 suits may be brought before 2, 13, 20, 21, 25, 29-31, 35 
 
 Labor on the Public Boads— 
 
 when person may be ordered to do 10 
 
 how credited, in such case 10 
 
 notice and form of, in such case 10 
 
 must be done only on what roads 10, 11, 26, 29, 30 
 
 who must do. and who exempt 12, 27, 29 
 
 to be done when and how 10, 21, 27, 29, 31. 32 
 
 in lieu of road (not poll) tax 14-17 
 
 value of, in money, to be estimated by supervisor 16 
 
 dispute concerning, to be settled by trustees, when 17 
 
 receipts, etc., for work or money 10, 16, 17, 27 
 
 by contract with trustees 32,33 
 
 Laborer on Hightvay — 
 
 • must appear when and where 12, 26, 27, 30, 32 
 
 rate per day allowed in certain cases 16, 17, 30 
 
 must assist in extinguishing certain fires.' 21 
 
 must be sued, in case of neglect, etc 22, 30 
 
 Land Oivner or Occupier — 
 
 to receive notices, as to what 8, 32 
 
 his duty as to fences, hedges, etc 8, 35 
 
 to receive certificate for materials taken 11 
 
 must not obstruct certain ditches 12 
 
 his rights and duties as to improving certain roads 14-17, 27 
 
 should get certain receipts, etc., for work in such case 17, 18 
 
 some of which are transferable 17 
 
 may construct pass ways across road, for stock 19 
 
 duties of, as to bushes*, w^eeds, etc 19, 32 
 
 ievee — 
 
 to be built to protect road 33 
 
 Mateinuls ]or flaking, Bepairing, etc., Boads — 
 
 supervisor may take, where and how 11 
 
 he must give certificate for, form of 11 
 
 he must level off, on the road, or pay . ... 13 
 
 what freeholder, etc., may do about it 13 
 
 trustees to direct place of getting, in some cases 18 
 
 Mile Stone, Mile Board, Mile Post, Guide Board — 
 
 penalty for injuring 36 
 
 Mill- 
 
 road to 6 
 
 race of, and bridges over race 20, note, 21, 22 
 
 wheel of, to be kept covered 36 
 
 penalty for neglect 36 
 
 Money, See Tax, L.ibor, Township Trustees, Supervisor, 
 
 COMPENSATION, ETC. 
 
 Mules, See Team, etc. 
 
42 INDEX. 
 
 Wiinicipal Corporation — 
 
 controls its streets, etc 5 
 
 duties of, as to roads on its boundary 13 
 
 Neglect — 
 
 penalties for. See Penalties. 
 
 of railroad company and employes 18, 34 
 
 Newspaper — 
 
 notice in, when 14 
 
 Notice— 
 
 of election, to be given 1,2 
 
 concerning new or changed roads 7,8 
 
 form of, in certain cases 8 
 
 to trim hedges, etc ... 35 
 
 penalty for disregarding 35 
 
 of extra road tax, to be given, how 14 
 
 of intended road improvement 32 
 
 Oath of Office— 
 
 supervisor must take, and before whom 2 
 
 form of 2,3 
 
 Ohstrtictions— 
 
 on roads, to be removed by whom 9, 10, 17, 20, 31 
 
 when permissible note. 9 
 
 by railroads, etc., not allowed 19, 20 
 
 Order— 
 
 to work in removing obstructions 10 
 
 form of 10 
 
 to make certain improvements 16, 18 
 
 Overflotv of JRoad-^ 
 
 how remedied 33 
 
 Owner, Occupiei', See Land Owner. 
 
 Oa^en, See Team, etc. 
 
 Penalty — 
 
 imposed for what, and who recovers . ,2, 12, 13, 19-21, 20-31, 35, 36 
 
 T ass ways for StocTc— 
 
 may be built, by whom, how, etc 19 
 
 must be kept in repair by owner 19 
 
 JPike Superintendents— 
 
 duties of 26 
 
 Prairies, See Fires. 
 
 Plows. See Implements. 
 
 Public Boad, See Roads and Highways. 
 
 Poll Tax 12 
 
 Mailroad— 
 
 road to. ^ 
 
 employes of, not to obstruct roads. 19, 20 
 
 penalties for so doing -^' ^1 
 
 must erect sign at crossing 34 
 
 must make crossings, where 34 
 
 Receipt— 
 
 for money in lieu of labor. 27 
 
 Moads and Highways— 
 
 must be opened by supervisor, when, etc - a o« 
 
 classified and defined '^»^' 2b 
 
 when and how vacated, narrowed, Avidened, etc -,n oa qI 
 
 must be repaired by whom m o-^ oq q? q- - 
 
 obstructions thereon, how removed 10, 19, 20, o3, 34, ^o 
 
 labor on what roads only ■ 10, 11, 26-31, o4 
 
 materials for making, etc., where to be taken. rV oq qo 
 
 labor on, by whom, and when • -12. 14-16, 27, 29, 32 
 
INDEX. 43 
 
 a Hoads and J^if/Ziirai/s.— Continued. 
 
 on boundary line, how worked, opened, etc 33, 32 
 
 levy and extra tax for 13-16 
 
 'how worked out or paid 14-16 
 
 passways for stock may be built across ... 19 
 
 width o'f tires used on, and burdens on 29 
 
 in cities and villages, how repaired 6, 29 
 
 road money, how expended 32 
 
 when damaged or destroyed by freshets, etc.. who to repair. 33, 34 
 
 toll road may become free road, repairs of, etc 34 
 
 penalty for depositing dead animal, or other nuisance, upon . 36 
 
 Road Districts — 
 
 when and how township divided into 1 
 
 record of, where made, etc : . . . 1 
 
 roads in, how opened, widened, closed, etc 5-10 
 
 Road Tax — ~- 
 
 how paid, in work or money 10,14-18,27 
 
 certificate for 10,15-17,27 
 
 extra in certain cases 13-16, 34 
 
 how long to continue in som^ of these cases 15, 16 
 
 Sand, See Material for Making, Repairing, etc., Road. 
 Scrapers. See Implements. 
 Shovels, See Implements. 
 Sidewalks — 
 
 may be made by whom, where and how 34 
 
 Stone, See Material for Making, Repairing, etc , Road. 
 Streets and Allet/s— 
 
 who controls them 5 
 
 supervisor, nothing to do with 5 
 
 Suit. See Justice of the Peace. 
 
 Super V iso r — 
 
 notice of election of 1 
 
 who may be. 1 
 
 are regular township officers .. . 1 
 
 penalty for abusing, etc., note, 1, 35 
 
 when elected, and how 1 
 
 refusing to serve, penalty for 1 
 
 vacancy in office of 2 
 
 must take oath of office, when, etc 2 
 
 must give bond, when, etc 2 
 
 when fully installed into office 4 
 
 serves how long 4 
 
 duties of, as to opening roads 5 
 
 duties of, as to toll roads ... 5 
 
 is a ministerial officer . . notes, 5, 9 
 
 duties of, as to streets and alleys 5 
 
 duties of, as to improved roads 6 
 
 duties of, as to township roads 6-37 
 
 duties of, as to state and county roads 7-37 
 
 duties of as to fences, hedges, etc., in certain cases. . .7, 8, 9, 32, 35 
 
 must repair roads, remove obstructions, etc • 9 
 
 must give certificates for labor or money 10 
 
 form of 10 
 
 must do no work on what roads 10 
 
 must make certain drains and ditches, how 8,12 
 
 must collect penalties, judgments, etc 12, 22 
 
 must account for money received . . 21-26 
 
 must apply money, how 22-26 
 
 must take receipts for all monev expended 23 
 
 compensation of ' 18, 19, 24, 25 
 
 must get plows, scrapers, etc., from trustees 12 
 
 duties as to these generallv 12,26 
 
 must level off" road bed, or sufTer what 13 
 
44 INDEX. 
 
 Supervisor— Continued. 
 
 may work state line road. jo 
 
 as to roads on other boundary line.s. i3 
 
 duties of, as to road tax assessed ou property 14-17 
 
 duties of, as to certain roads to be improved 16, ; 7 
 
 must give certificate and receipt in such case 16,17 
 
 duties of, as to li02:s. etc 35 
 
 must remove drift from bridges 18 
 
 may construct foot bridges 18 
 
 must superintend building of passways 19 
 
 duties of, as to bushes, burrs, weeds, etc 18, 32 
 
 duties of, as to ('anada thistles, common thistle?, etc 19, 32 
 
 duties of, as to fires in woods, prairies, etc 21 
 
 duties of, as to mill-races, watercourses, etc., in certain cases. 21, 22 
 
 must collect fines, penalties, etc 22, 35 
 
 must settle with trustees, when and how 22-24 
 
 must report what, at that time 22 
 
 penalties agai ust, for what 24, 35-37 
 
 may appeal from, to court of common pleas 24 
 
 duties of, as to repairs of free turnpikes 26-29 
 
 black-knot, ppach yellows, etc 32 
 
 can not contract debt for township 31, 35 
 
 will be personally liable for, if he does 35 
 
 penalty for resisting.' abusing, etc note, 1, 35 
 
 penalty upon, for embezzling, etc., township property. .... 35 
 
 duty of, as to dead animal, etc., on road *. 35, 36 
 
 penalty for presenting, etc., fraudulent claim 36, 37 
 
 Surveyor — 
 
 when one to be employed 34 
 
 Tadc. See Road Tax, Poll Tax. 
 Tax-Payers — 
 
 list of, to be made and given to whom 14 
 
 may petition for extra road tax, in certain cases 15 
 
 Team, Mules, Oxen, etc. — 
 
 must be furnished, when; price allowed for 14, 16, 17 
 
 Timber. See Materials for Making, etc., Road; also, Drift. 
 Toll Boad. See also Turnpike. 
 
 defined, and supervisor's duty as to 5 
 
 may become free road, how 34 
 
 Toll Gate 5 
 
 Tools, See Implements. 
 
 Township Jioacls. See also Roads and Highways. 
 
 how built, repaired, etc — 5-10,14-17 
 
 Toivnship — 
 
 must be divided into road districts, when 1 
 
 extra road tax, and road improvement, in 13-17 
 
 materials for road, to be obtained in 18 
 
 Totvnship Clerk — 
 
 duties of, as to suits against supervisor 2 
 
 duties of, as to supervisor's oath and bond 2-4 
 
 duties of, as to opening, changing, etc., road 7-9 
 
 duties of, as to road tax . ■!'*' 1'*^ 
 
 duties of, as to free turnpikes 26-31 
 
 Township Trustees— 
 
 must lay off road districts, etc 1 
 
 duties of, in case of vacant supervisor's office 2 
 
 duties of, as to approving supervisor's bond 3 
 
 duties of, as to opening, etc., road 6-9 
 
 must furnish plows, scrapers, etc 12 
 
 must get them again, Avhen 12, 23, 24 
 
 duties of. as to roads not leveled off 13 
 
 13 
 as to additional tax . . ' 13, 16, 17 
 
 as to roads on boundary lines 
 
 II 
 
INDEX. 45 
 
 Town ship Tr lis tees— Continued. 
 
 as to where road materials must be taken from, when ... 18 
 
 as to weeds, etc., on hi^'hway •. 19, 36 
 
 as to fires in woods, prairies,* etc 21 
 
 ' settling witli supervisors 22,23-25 
 
 as to certain persons to be sued 23 
 
 as to free turnpikes 26-31 
 
 may assign care of certain free turnpikes to supervisors .... 27 
 
 must assign certain ro.<id labor to same 27, 29 
 
 must erect guide boards, where 32 
 
 must provide watering places: cost of 32 
 
 must expend road money, how 32, 33 
 
 must build bridges, approaches, etc., when 33 
 
 TotvnsJiip Officers— 
 
 supervisors are 1 
 
 no one needs serve as, two terms in succession . . 2 
 
 Treasurer— 
 
 cei tain matters relating to 12,16-20,29 
 
 Trustees of Township. See Township Trustees. 
 
 Turnpikes — 
 
 owned by incorporated companies. See Toll Roads. 
 
 as to abandoned 6, 34 
 
 as to weeds, bushes, etc., along line of 19, 35 
 
 Turnpikes, Free, See Free Turnpikes. 
 
 Vacancies in Office of Supervisor — 
 
 how filled 2 
 
 Vacanci/— 
 
 how filled, etc 1 
 
 Vote, See Election. 
 
 Voter, See Electors. 
 
 Votes— 
 
 for supervisor, when valid, void, etc 1 
 
 Vouchers — 
 
 what are 23 
 
 Wagon, See Team, etc. 
 
 Ward, See Guardian. 
 
 Watering Places — 
 
 lor persons and animals, may be provided 32 
 
 Weeds, Bushes, etc. — 
 
 must be cut down, when and by whom 18, 19, 32, 34 
 
 IForfe. See also Labor. 
 
 how much should be done on new road , . 8 
 
 Yellows, Blach-knot, etc.— 
 
 who must destroy 32 
 
FOR THE USE OF ROAD SUPERVISORS. 
 
 Abstract of Road Tax. 
 
 The township clerk must make out and deliver to each Supervisor 
 an abstract of the amount of road tax each person in his district is charged 
 with, as soon as he receives from the county auditor a list of the road 
 tax for his township. (See page 14, this book.) 
 
 We sell an abstract specially prepared for this purpose. It contains 
 ruled columns and printed headings for the names of the tax-payers, 
 for the proper description and amount of each one's property liable 
 to taxation, the rate of tax on each dollar, the total road tax (to be 
 filled in by the clerk) ; also, ruled columns and printed headings for 
 the amount paid in labor by each one, the amount paid in money, the 
 amount still due, and a column in which to write "paid," as the law 
 requires, opposite the names of those who pay in full, either in money 
 or labor. The columns, "Amount paid in labor" and "Amount paid 
 in money," enable the supervisor to keep readily the account of his 
 receipts in cash, which he must account for on his settlement. It 
 also contains printed instructions, laws, etc., and is well and neatly 
 hound in strong glazed pasteboard covers. 
 
 Size A (large enough for 125 names), price i3er copy 10c. , per doz. $1.00. 
 
 Size B (large enough for 325 names), priceper copy 12c., per doz. $1.20. 
 Larger sizes furnished if required, at slight additional cost. 
 
 Supervisor's Bond and Oath. 
 
 We have had a new form of bond prepared to meet the demands of 
 the law as now in force. The supervisor's official oath is printed on 
 the same page, each sheet containing two bonds and two oaths, with 
 proper indorsements for filing, etc. As the law now requires this oath 
 and bond each to be recorded by the township clerk in the same book, 
 this arrangement will be found the most convenient and desirable. 
 
 Price, per sheet, 5 cents; per quire, 75 cents. 
 
 Other Blanks for Supervisors. 
 
 Supervisor's certificate or receipt for road tax. Per 100 blanks, 35 
 cents. 
 
 Supervisor's certificate for timber, stone, or other material used. 
 Per quire of 96 blanks, 60 cents. 
 
 ROBERT CLALKE & CO., Publishers, 
 
 61, 63, 65 West Fourth Street, 
 
 i 
 
 Cincinnati. 
 
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Amount of 
 
 NAME. Road Tax. Paid When, 
 
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NAME, 
 
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LIBRARY OF CONGRESS 
 
 028 145 877 2