the county auditor, issued upon the certificate of the board of turnpike directors, properly attested by the clerk of the board; but in all counties wherein a levy is made for turnpike repair purposes, as provided in this paragraph, the commissioners can make no further levy for general road purposes; and in such case the township trustees in such counties may make such levy for common road purposes in their several townships as they may deem proper, not to exceed in amount the combined levy that would have been authorized by county commissioners and township trustees in case no levy had been made under the provisions of this paragraph. 4901.

Township trustees to apportion labor.-In townships wherein such roads are located, and placed under the control of turnpike directors, as above specified, the township trustees must, at their annual meeting in March, designate and set off each 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 regulations of law for its performance under the direction of road supervisors. 4902.

II. THE BUILDING OF FREE TURNPIKES.

Certain taxes and labor to be applied toward building free turnpikes-Chapter 7 of the law relating to roads is devoted to "One Mile Assessment Pikes," which are free turnpikes, built at the request of a majority of the holders of land situate within one mile of such roads, from taxes levied on all lands so situated. It is only necessary 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 com. missioners, and who become a corporation to lay out and establish such a road. All this in no way concerns the township officers, except so far as stated in the following paragraphs. Although the provisions of the six next paragraphs are found in the chapter 7 mentioned above, they

are made applicable by law to all free turnpike roads heretofore built, to all that were in process of construction when the law was passed, and to all that may be constructed hereafter. 4812.

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 ap plied in the construction and repair of the road, under the direction of the road commissioners, or their agents, until the road is completed. 4788.

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 commissioners 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 agent of such road. 4789.

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 cases1. 4790.

When such roads turned over to county commissioners, how kept in repair, etc.—These road commissioners must prosecute for all obstructions or other injuries to such roads

1 See page 244.

while in their charge, and as fast as completed, such roads 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.

Road may be made toll road, how and why.—When two consecutive miles or more cf 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 de scribed 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.

Who to 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. 4800 For the method to be pursued by the trustees in making contracts for large improvements see the Appendix, p. 401.

Abutting owner may lay pipes in roads. It is lawful for any owner of land abutting on a township road to lay a pipe line within the line of the road, for conveying water for public and other purposes, if approved by the trustees, but the laying of the pipe must in no way interfere with public travel or damage the road, and it is to be laid under such regulations as the trustees may prescribe.1

Roads or sidewalks leading to cemetery.-The trustees of any township, in which there is or may be a cemetery, when it becomes necessary to make or repair roads, or build or improve sidewalks from any public road or from any town or village to such cemetery, may borrow money and issue bonds not exceeding in amount fifteen hundred dollars, at a rate of interest not exceeding six per cent per annum, for the purpose of making, repairing, or building such roads or walks from such public highway, town, or village, to such cemetery. But the trustees must first submit the question of borrowing 1 Enacted April 25, 1891, 88 Laws, 399.

the money and issuing the bonds to a vote of the electors of the township at a special or general election, of which at least ten days' notice must be given, and such submission can only be made upon the petition of a majority of the owners of real estate abutting on the road or sidewalk; but if such petition be presented the law appears to require the submission of the question. 4910.'

Dedication of road by plat or deed.-Any person or persons may dedicate any tract or strips of ground to public use as a highway, either by plat or deed of gift to the township, filed with the trustees, and by them recorded as road surveys and other plats, and the trustees may, if they deem such road of sufficient public utility, accept the same, by entry to that effect on their record, and recording as aforesaid, whereupon said tract or slip becomes a legally established highway."

1 As amended May 4, 1891, 88 Laws, 590.

2 Enacted April 9, 1889, 86 Laws, 217.

CHAPTER XXI.

SUPERVISOR OF ROADS..

SECTION 1. ELECTION, BOND, OATH, AND TERM OF OF

FICE OF.

Road districts.-It is the duty of the trustees, on the first Monday of March, annually, to divide their townships into road districts, or to make such alterations in the existing division as they may deem proper. They should cause the clerk to enter a brief description of the respective districts on the township records.1 1457.

Election of supervisor.-A supervisor for each road dis trict is to be elected at the election held on the first Monday of April of each year, at the same time and place and in the same manner that other township officers are elected; and no elector may vote for more than one supervisor, nor can such elector vote for any other candidate for supervisor than one residing in the same district with him. self. If it appears to the satisfaction of the trustees that any person has voted for any person or persons for the office of supervisor other than for the district in which the voter resides, the same is to be deemed void so far as that office is concerned. If more votes are cast for any person

1A supervisor of roads is an officer, within the meaning of sec tion 20 (now sec. 6908), which provides as follows: "That if any person shall abuse any judge or justice of the peace, abuse or resist any sheriff, constable, or other officer, in the execution of his office, the person so offending," etc. Woodworth v. State 26 Ohio St. 196.

To constitute the offiense of resisting an officer, under the above section, it is not necessary that the officer should be assaulted, beaten, or abused. Ibid.

The boys' industrial school in Fairfield county is a special road district and the superintendent of the school has the pow ers of a supervisor. 83 Laws, 8.

For the act providing for township supervisors in Cuyahoga county, see 87 Ohio Laws, 101.