[Fifth.]

Statement of my personal account.

I was employed in the discharge of my official duties

as follows:

Notifying persons to appear and labor...........

Superintending labor.......

Attending suits..............

Etc., etc.......

Etc., etc.........

Total (say)....

Deduct two days for self.......

Remaining...

Due me, at $1.50 per day, $39.00.

For which I ask an appropriation.

I certify the foregoing to be a correct report of my pro ceedings, and a true statement of my receipts and expenditures, during my term of office as supervisor since my election in April last.

Supervisor.

Settlement. The trustees must examine the accounts of the supervisors; and if found just and correct, it is their duty to make an order allowing the same, including the account for compensation. 1458.

day of

filed his account for the year ending the March, 18 and it appearing upon examination that said account and the vouchers therewith filed are correct, the same is hereby allowed and settled, including the sum of dollars, the compensation claimed by said for

his services, which is hereby ordered paid out of the town. ship treasury.

The supervisor should get a receipt from the trustees for the plows, scrapers, etc., which he returns to them. This receipt may be in form like the one given on page 248, this chapter, except that it should end with these words:

Received the articles above mentioned from pervisor of road district No. 18

this

day of

Township Trustees.

Supervisor to pay to his successor.-All money that may remain in the hands of a supervisor at the time of the annual settlement with the township trustees, must be paid to his successor in office as soon as such successor is elected and qualified, and a receipt taken thereof, and he must deposit the receipt with the township clerk. 4728.

The best and proper plan would be to take two receipts, file one of them as required above, write the word "duplí cate" on the other, and file it among his private papers. These receipts may be in form as follows:

No. 124. FORM OF RECEIPT.

ROAD DISTRICT NO.

TP.,

Co., O. 18

Received of

dollars and

late supervisor of said district, cents, belonging to said road district, and

remaining in his hands after settling with the township

trustees.

Supervisor

SECTION 5. COMPENSATION AND PENALTIES.

Penalties against supervisors.-A supervisor who neglects. 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 certifi. cate, forfeits, for every such offense, not less than five dollars nor more than fifty dollars, to be recovered in an action before a justice of the peace within the township where he resides; and the trustees of the township must. prosecute all offenses against the provisions of this para graph; but if a supervisor conceives himself aggrieved by the judgment of such justice, he may, on giving 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.1 4742.

Penalty for embezzlement. 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 township for his own use, is guilty of embezzlement, and shall be punished as for larceny of the thing embezzled. 6842, 6847.

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

1 In an action against a supervisor to recover the penalty for obstructing a highway, it is competent for him to prove that there was a turnpike road, shorter and better than the altered state road, upon which travelers might and did pass without hinderance or inconvenience. Ingersoll v. Herider, 12 Ohio, 542. No civil action will lie against a supervisor of roads and highways, at the suit of an individual, to recover damages for an in jury which he has sustained in consequence of the neglect of the supervisor to keep a bridge within his district in repair. The only remedy for such neglect is a prosecution, under the statute, for the penalty it prescribes. Dunlap v. Knapp, 14 Ohio St 64.

twelve dollars, in addition to the remuneration for his two day's 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 num ber so liable is more than twenty-five and less than thirtyfive; not more than twenty-five dollars, when the number so liable is not less than thirty-five nor more than fifty; and not more than thirty-five dollars when the number 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 direction as supervisor, repairing such turnpike or working out the road tax in his district; but in no case can he receive more than one dollar and fifty cents per day. 1533.

The supervisor of any district in which the same is required may make application to the county commissioners for the construction of a county ditch as provided by the statutes. 4450, as amended, 82 Laws, 96.

Office of road supervisor abolished in the counties of Clinton, Green, Madison, and Warren. See Appendix.

CHAPTER XXII.

SECTION 1.

SCHOOL DISTRICTS.

TOWNSHIP AND SUB-DISTRICTS.

Classes of school districts.-By the revised statutes, the state is divided into school districts, to be styled, respectively, city districts of the first class, city districts of the second class, village districts, special districts, and township districts.

3885.

Township districts.-Each and every organized township, exclusive of any of its territory included in any city, village, or special district, constitutes a school district, to be styled a township district. 3890.

Sub-districts. The sub-districts and joint sub-districts existing prior to the passage of the revised statutes continue as before, but subject to the conditions and provisions of the same.2 3892.

Transfer of territory from one district to another.-A part

1The several provisions of the school legislation of the state should be so construed as to give harmony to our educational system, and secure, as far as practicable, its equal benefits, and reasonable facilities for their enjoyment, to every locality. Cist v. The State ex rel., 21 Ohio St. 339.

2 When an incorporated village is formed within, or to include a material part of, a sub-school district, no portion thereof is, by reason of such incorporation, withdrawn from the school jurisdiction of the township, but the whole continues to be a subschool district until the actual election or appointment of a separate school board. Cist v. The State ex rel., 21 Ohio St. 339.

The term "sub-district," as used in the act of April 9, 1867, in relation to common schools (S. & S. 717), applies exclusively to township or county sub-districts outside the limits of any city or village. Anders v. Spargur, 19 Ohio St. 577.