ship, and when collected the same is to be paid to the township treasurer for township purposes.1 1463.

Pay of trustees.-Each trustee is entitled to one dollar and fifty cents for each day's service in the business of the township, to be paid out of the township treasury, and to one dollar and fifty cents for each day's service in the discharge of his duties in relation to partition fences, to be paid in equal proportions by the parties, but in no township can the compensation to be paid any trustee out of the treasury, including services in connection with the poor, exceed one hundred and fifty dollars in any one year. In any township in a county having a population of 21,175, according to federal census, and not having an infirmary, the compensation of the trustees, at one dollar and a half per day, may not exceed two hundred and fifty dollars each, per annum. And it is provided that each trustee shall present an itemized statement of his account for per diem and services to the township, which, before it is allowed, must be verified before a justice of the peace or the township clerk, and by him preserved. 1530.2

Plows and scrapers may be purchased. The trustees are authorized to purchase a sufficient number of plows and scrapers for the use of the township, to be used exclusively for that purpose, and pay for the same out of any money in the township treasury not otherwise appropriated. The plows and scrapers are to be put in the possession of the road supervisors, whose duty it is to take care of the same. If there is not sufficient money in the treasury to purchase the plows and scrapers, the trustees may apply any road labor or tax to that purpose which may be due within the township. 1460.

May purchase statutes or standard work.-The township trustees are authorized to purchase, for their own use, one copy of the revised statutes, or one copy of some standard work containing all the sections of the Revised Statutes of Ohio, applicable to township officers, with forms and citations for their guidance, to be paid for out of any unappropriated funds in

179 0. L. 50.

As amended, 84 Laws, 35; 86 Laws, 119; and 87 Laws, 236.

the township treasury. The trustees are also required, when there are sufficient unappropriated funds to pay for the same, to purchase for the use of each justice of the peace, not already supplied, one copy of the revised statutes. Copies so purchased are the property of the township, and must be so marked.

All trustees and other township officers are required to deliver to their successors in office all books, records, documents, laws, obligations, papers, blanks, and all other articles and property belonging to their respective offices or deposited with tnem in their official capacity; and any person who has been such officer refusing to deliver over the same, or any part thereof, forfeits not more than fifty nor less than five dollars, to be recovered by action for the use of the township. 1529.1

When the office of trustee ceases to exist.-Whenever the corporate limits of any city or incorporated village become identical with those of any township, then and thereafter the office of township trustee ceases to exist, and the powers and duties of the trustees pass to and vest in the council of the corporation, except such as relate to binding out apprentices and administering relief to the poor, which pass to and vest in the directors of the infirmary. 1623.

Property to pass to corporation.-All property, together with all moneys and credits, books, vouchers, records, files, accounts, documents, and bonds of an official character, in possession of, or under the control of the trustees, whose offices thus cease to exist, vest in the council, and the trustees must cause a full statement of their accounts to be delivered to the council, together with said property and documents. 1626.

May sell stocks.-The trustees of any township owning any railroad, plank-road, or turnpike stock, may cause the same to be sold at public or private sale, as they deem best, and pay the proceeds into the township treasury to the credit of the general fund. 85 Laws, 143.

For the method to be pursued by the trustees in making large contracts for improvements, see the Appendix, p. 383.

2 As amended, 88 Laws, 42.

The bodies of animals dying from contagious diseases must be burned or buried at least four feet below the surface of the ground by the owner thereof. If the owner neglects or refuses so to do within twenty-four hours after having knowledge of such dead animal, or after notice in writing from the trustees of the township in which it may be found, it becomes the duty of the trustees to dispose of the dead animals as above provided, but they may be removed to a fertilizing establishment, if removed in a water-tight tank.

6923a.1

The owner so neglecting or refusing to remove dead animals, is liable to a fine of not less than five nor more than twenty dollars, with all costs of suit, and expenses incurred by the trustees in disposing of the animals. Action to recover the fine, costs, and expenses, must be brought by the trustees before a justice of the peace where the owner resides. 6923a.1

For laws relating to soldiers' bounties, see 86 Laws, 193; 77 id. 294; and R. S. 8164 to 8167.

188 Laws, 188. See also ante, page 217

CHAPTER XXXI.

TREASURER OF TOWNSHIP.

SECTION 1. TOWNSHIP DUTIES.

Election of.-The township treasurer is elected at the election on the first Monday of April, to continue in office for two years from the first day of September following, and until his successor is chosen and qualified. The treasurer and clerk can not be elected at the same election. 1448.1

Vacancy, how filled.-In case of a vacancy in the office of treasurer, arising from any cause, the township trustees are required to appoint a suitable person, having the qualifications of an elector, to fill the same until the next annual election occurring more than thirty days after the vacancy happens, when a treasurer must be elected for the unexpired term. 1448.2

Oath and bond.-Each person elected or appointed treasurer, previous to the time for entering upon the office, must take an oath or affirmation, before a person authorized to administer the same, faithfully to discharge the duties of his office; and give bond, with security, to the trustees of the township and their successors in office, in such sum as the trustees may deem proper, conditioned for the faithful discharge of his duties, and for the paying over, according to law, of all moneys that may come into his hands by virtue of his office. Failure to take the oath or give bond within the time limited is to be deemed a declination of the office, and the vacancy is to be filled as in other cases. 1453, 1509.

Record of bond and suit thereon.--The bond, after being approved by the trustees, must be lodged with the township clerk and recorded by him-a certified copy of which record be used as evidence in any court of the state. 1509,* 1507.

may

1 As amended, 85 Laws, 131. 2 As amended, 87 Laws, 118.

3 As amended, 85 Laws, 192.

An action to recover money received by a township treasurer and converted to his own use, as for money had and received

How sureties and new bond may be required of treasurer The trustees may at any time require the treasurer to give additional security on his accepted bond, or to execute and deliver a new bond. If the treasurer fail for ten days after service of notice in writing, to give additional security or a new bond, as required, the office is to be considered vacant. and must be filled as in other cases. 1509.

No. 151. FORM OF BOND.

Know all men by these presents, that we,

cipal, and

, as prinas sureties, are held and firmly bound anto the trustees of township, in the county of and State of Ohio, in the sum of hundred dollars, to 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 ourselves, our heirs, executors and administrators firmly by these presents.

In testimony whereof, we have hereunto set our hands, A. D. eighteen hundred and

this

the said

urer of

day of

The condition of the above obligation is such that, whereas, has been duly elected and qualified as treastownship, county, and State of Ohio, day of September, A. D. 18, and until his successor is elected, or appointed, and qualified.

for the term of two years from the

Now, if the said.

shall faithfully discharge his duties as said officer, and pay over, according to law, all moneys that come into his hands, by virtue of his office, then this

by the defendant for the use of the plaintiff, is barred by the limitation of six years, and is not governed by the limitation of ten years, provided by the code. Mount v. Lakeman, 21 Ohio St. 643.

The action not being on the official bond of the treasurer, the township clerk was not the proper party plaintiff, although the trustees of the township ordered him to sue for and collect the money. Ibid.