CHAPTER XXIX.

TOWNSHIPS.

SECTION 1. NEW TOWNSHIPS, OR CHANGE OF Boundaries. County commissioners may alter boundaries.-The county commissioners may alter or change the boundaries of any township or townships, or partition any township or townships among other townships within the county, by attaching a part of one township to another, or by dividing one township and attaching the parts to other townships, or by laying off and designating a new township from the territory of one or more townships of the same county. 1377.

Petition for change.-Before any order changing the boundaries, or forming a new township, can be made, a petition praying for such change or formation, and showing that the same is expedient or necessary, must be presented to the commissioners, signed by a majority of all the householders residing within the bounds of the township or townships to be affected.1 1377.

Notice of application.—At least thirty days' notice of the intended application must first be given by advertisement at three public places within the bounds of the territory proposed to be petitioned or changed. 1378.

Funds of divided township.—In case of a division or partition of any township, the funds in the treasury of such township are required to be apportioned to the township

1 Where a new township is set off, all persons residing within its limits, and who have resided there long enough to obtain a legal settlement in the original township, have a legal settle ment in the new township. Williamsburg Tp. v. Jackson Tp., 11 Ohio, 37.

or townships to which portions thereof may be attached, or the new township or townships established, to the extent the same were collected from the territory attached or es tablished into a new township. 1377.

Order for change and record thereof.-The commissioners, when satisfied that the proposed change is expedient or necessary, may order the same to be made, and must cause the boundaries of the township or townships so changed or altered to be recorded in a book to be kept for that purpose. 1378.

Dispute as to boundary, how settled.-Whenever any boundary line between two townships is in dispute, the commissioners of the county are required, upon application of the trustees of one of the townships, and upon notice, in writ ing, to the trustees of the townships interested, and after thirty days' notice published in some newspaper of the county, to establish the boundary line, and make a record of the same in a book kept for that purpose. 1379.

Area of township.-No township can be laid off having less than twenty-two square miles, or have its boundaries changed so as to reduce its territory below that quantity, unless such township includes a city or incorporated village. 1377.

For the act providing for establishing corner stones of all townships and sections in Hamilton county, see 88 Laws, 335.

SECTION 2. ELECTION IN NEW TOWNSHIP.

When a new township is formed, the county commissioners must forthwith give notice, by advertisement in three public places in such township, at least ten days before the time, of the time and place of holding an election for township officers; and the electors of such township will assemble at the time and place designated, and then and there elect township officers, and the officers so elected hold their offices until the next annual township election, and until their successors are elected and qualified. (As to manner of holding election, see ante, chapter ou "Elections.") 1441.

SECTION 3. DEBTS AND ACCOUNTS OF NEW TOWNSHIPS.

Auditor to open account with new township.—It is the duty of the auditor of any county, wherein a new township is formed, immediately after his semi-annual settlement with the treasurer of the county, to open an account with such new township in the same manner he is required by law to open an account with other townships. In such account he must credit the new township with such portion of all moneys with which he would otherwise be required by law to credit the township or townships out of which the new township was created, as arise from taxes collected in, or from moneys distributable to, the territory embraced in such new township; and he is authorized to charge the original townships respectively with the amounts so taken from them and credited to the new township. 1048.

Contracts and debts not affected by change of lines.—Whenever any township is altered, diminished, or in any way changed as to territory, the original township, and all parts and portions of the same, remain liable on all contracts, engagements, or liabilities, to the same extent as if no such change had occurred. 1385.

Bonds may be issued jointly.—When a township has been divided into two or more parts subsequent to the original issue of bonds, in aid of or for purposes of public improvement, it is competent for the authorities of the parts so constituted, jointly, to issue new bonds for the amount becoming due. 1489.

Meeting of trustees of divided township.-The trustees of said township so constituted out of the division of a tow ship, as aforesaid, are required to meet annually, within thirty days after the first Monday of April in each year, and jointly assess and levy on the property, real and personal, taxable within the limits of the original township, which has been divided, the taxes necessary to pay the interest of said bonds, and also such sum as seems to them

expedient for the redemption of the principal named in

such bonds. 1490.

Assessment of taxes in case of change. The trustees of the township, which, in case of such change or division retains the original name, in levying a tax for the payment of debts contracted prior to the change, must procure a certified ab stract from the auditor (or auditors, in case parts of the township have been attached to townships in different counties) of all the taxable property situate in such attached portion or portions, together with the names of the persons owning the same, and make the levy for the payment of such debts on all the taxable prope♦ty within the boundaries of the town ship as it was before the change, and certify an abstract thereof to the auditor; or in case parts of the township have been attached to townships in different counties, then the trustees must certify an abstract of the tax levied upon the property in such parts, respectively, to the auditors of the respective counties, together with the names of the persons assessed and the amount assessed upon each; and the auditor or auditors must enter the same upon the duplicate, designating the persons taxed, and for what purpose the levy was made. 1386.

Collection and payment of such taxes.-Such taxes are to be collected as in other cases, and the treasurer or treasurers of the counties collecting the same must, on demand, pay over to the treasurer of the township retaining the original name, on the order of the trustees, after each semi-annual settlement, all moneys that may have been collected for such township, and is entitled to the same fees, and subject to the same liabilities as in other cases. 1386, 1387.

SECTION 4. NAME OF TOWNSHIP.

Name of new township.-The county commissioners are required to give to every new township laid off by them such appropriate name as Viey may think proper; but no two

townships within the same county can be incorporated by the same name. 1378.

Change of township name.-Upon petition by a majority of the electors of any township, and good cause shown, the county commissioners may, if they deem necessary, alter the name of the township. 1384.

Notice of the application.-Thirty days' previous notice of the intended application for a change of name must be given, by advertisement posted in at least three public places within the township; and it is provided that such change shall in nowise affect the right of property or the internal concerns of the township. 1384.

SECTION 5. TOWNSHIP POWERS.

All townships of the state are declared bodies politic and corporate, capable of suing and being sued, pleading and being impleaded, in any court of this state,' and have the power to receive any devise, bequest, or deed of gift, for the conveyance of real estate or personal property to the township for the benefit of the township, for any useful purpose. 1376.

2

Gift property held for benefit of township.--Any property so deeded or devised to the township, is to be held by the trustees and their successors in office, in trust for the benefit of the township, for the uses and purposes apecified. 1376.

Real estate may be received to secure or pay debt.--The trustees may accept a conveyance of real estate when it is necessary to secure or pay any debt due the township, and may sell or convey any real estate received for such pur

Suits against the township should be brought against the trustees thereof, in their corporate capacity, but it is unnecessary and improper to give their individual names. Harding v. New Haven Tp., 3 Ohio, 227.

2 Civil townships have always existed in this state for the pur poses of local administration. Board of Education of Fairfield Township v. Ladd. Adm'r, 26 Ohio St. 210, 213.