Appointment, qualifications and term of commissioners. Vacancy. Designation of roads and streets SECTION 5. If, at such election a majority be found in favor of the policy of the improvement of the public roads of such township and the streets of such village by general taxation, the trustees of such township shall appoint three freeholders of whom if such township contains a village at least two shall reside within the incorporated limits of such village, as commissioners, who shall serve three years from and after the date of their appointment, and in the event of a vacancy occurring upon such board, from any cause whatsoever, such vacancy shall be filled by appointment for the unexpired term by the trustees. Such commissioners shall to be improved. designate and determine the established roads of such township and the streets of such village, which shall, in their opinion, be improved. The commissioners shall call to their assistance a competent engineer, who shall make a correct map of such township, plainly showing the established roads of such township and the streets of such village, which have been by such commissioners designated for such improvement; also, profiles of such roads and streets, showing the grade thereof, as they then exist, or have been established, which he shall turn over to the custody of the township clerk. Engineer's selection and duties. Oath and noncompensation of commissioners. Compensation of engineer. Order in which designated roads and streets SECTION 6. The commissioners so appointed shall before entering upon the discharge of their duties take an oath or affirmation, to honestly and impartially discharge their duties with a view to the public welfare,, and shall serve without compensation. The engineer shall receive such sum, not to exceed four dollars per day, as he may with the commissioners agree upon. The compensation of the engineer shall be paid out of the township funds, upon the order of the township clerk, after allowance by the township trustees. SECTION 7. After the report of the commissioners, and the map and profiles have been filed with the township to be improved. clerk, the township trustees shall, in determining which roads and streets shall be first improved, of those designated by the commissioners, select those nearest the center line of such township, north and south, and if, in their opinion, it is not expedient to improve all roads in all directions at one time, they shall proceed to improve the roads and streets, which in their opinion are the most traveled and used, within such township and village. Record of proceedings and account of receipts and expenditures. Payments from treasury, SECTION 8. The trustees shall cause to be kept by the township clerk in a book, to be provided by them for that purpose, a full and correct record of their proceedings under this act, relating to the matter of improving roads within such township and village; and also an accurate separate account of receipts and expenditures under its provisions; and no money raised for the improvement of public roads and streets shall be drawn from the treasury, except for liabilities already accrued, and then only in pursuance of orders caused by the trustees, whilst in session as a board, and be entered on the record of their proceed ings, and by orders drawn in pursuance thereof by the township trustees, upon the township treasurer, and in favor of persons only to whom the money is due. tracts. SECTION 9. When the township trustees have by Letting of con-resolution determined to improve a designated road, or street, the work of its construction shall be by them publicly let to the lowest responsible bidder, after notice given of such letting by publication in one or more newspapers if published in such township, and by handbills judiciously posted, at least fifteen days before the letting of the contract. and bids. SECTION 10. For the purpose of letting contract, Specifications as the trustees shall cause each road or street about to be im- to such letting proved, to be divided into suitable sections, and the sections numbered from the point of beginning, toward the township line, and shall let the same by sections. All contracts shall be let upon proper specifications of the various kinds of labor required upon each section and also the material, which shall enter into the construction of the same. Bidders shall be required to separately state their bids for each class of work, in such manner as the trustees may demand, and shall also bid separately for the material to be furnished. SECTION 11. Contractors shall be required to give Bond of conbond in amount at least equal to the contract price, with tractor. sufficient security for the faithful performance of his contract, payable to the township trustees, for the use and benefit of such township, and with the necessary stipulations on part of the contractor, and specifications of the work and material inserted therein. SECTION 12. In all cases the constructions of such roads and streets shall commence at the point of beginning, and no payment for work shall be made except upon the estimates made by the superintendent of improved roads and streets, appointed by the trustees, and by him duly certified, for work actually done and for material actually furnished, after reserving such per cent., not less than fifteen, as may be fixed by the parties to the contract, to guarantee the performance thereof. Point at which construction to begin; payment for work. SECTION 13. No road or street shall be improved Specifications as under the provisions of this act which is less than forty feet to improvement. in width, and at least twenty feet thereof shall be turnpiked with earth so as to drain freely to the sides, and shall be raised with stone or gravel not less than ten or more than sixteen feet in width, and not more than sixteen inches thick in the center, nor less than twelve inches thick at the outer edge of said bed of stone and gravel, well compacted together in such manner as to secure a firm, even and substantial road. In no case shall the grade, or ascent, or descent, of the road be greater than seven degrees. The roads and streets shall be well provided with the necessary sidedrainings, waste-ways and under-drains to prevent overflow ing or washing of water; and the commissioners of the county Bridges and culin which such township is located shall, upon the application verts. of the township trustees, cause the necessary bridges and Free turnpikes; regulation of width of tires. Employment, compensation, superintendent of the improved culverts on said road or street to be constructed or reconstructed in a substantial manner so as to conform to the grade of the improved road. SECTION 14. All streets and roads improved under the provisions of this act shall be free turnpikes; but the trustees of any such township shall have the same power to regulate the width of the tires to be used on such road as is conferred upon the county commissioners in section 4904 of the Revised Statutes of Ohio, and the penalties provided in section 4905 of said statute, shall be applicable and imposed for any violation of the rules adopted by such trustees regulating the travel upon such improved roads and streets. SECTION 15. Before entering upon the improveoath and bond of ment of any street or roads, under the provisions of this act, the trustees of any such township shall employ some competent engineer, who shall be known as superintendent of the improved streets and roads, and who shall be paid not more than four dollars per day for time actually employed, out of the funds raised for the improvement of streets and roads. He shall, before entering upon his duties, take and subscribe an oath or affirmation to faithfully and honestly discharge his duties, and shall give bond in the sum of five thousand dollars, payable to the trustees for the use and benefit of said township, conditioned that he shall faithfully and honestly discharge his duties, all and singular as superintendent of improved streets and roads of such township; and for the duties performed under the provisions of this act, the trustees shall, upon filing an itemized statement to the clerk of such township, as provided in section 1530, Revised Statutes, as amended April 21, 1890, receive two dollars per day in addition to the fees allowed in section 1530, for other services rendered for the time actually employed, and such compensation shall not in any one year exceed the sum of one hundred dollars each, for the services performed under this original act; and the trustees shall allow the township clerk for services performed under this act a reasonable compensation, not to exceed one hundred dollars in any one year. Compensation of township trustees and clerk. Duties and powers of superintendent; payment for work or material, etc. SECTION 16. It shall be the duty of the superintendent of improved streets and roads, of any such township, to prepare all plans, profiles, specifications and to determine the grade of any road or street about to be improved by the trustees of such township, when by them directed so to do; and all work done on said roads or streets shall be under his supervision, and all material shall be inspected by him, and both shall be subject to his approval. No payment shall be made for any work or material except upon his estimates and certificate that the same is in compliance with the contract. He shall make and furnish to the parties in interest, estimates for the work done and material furnished, at such times, as the contract may provide, and may employ such assistance as he may require, first having had the consent of such trustees thereto, who shall receive such compensation as the township trustees may allow. SECTION 17. For the purpose of providing the Bonds to provide money necessary to meet the expenses of improving such necessary funds. roads and streets, the trustees of any such township may, if in their opinion it be advisable, issue the bonds of the township, payable at such times as they may determine, not exceeding thirty years, in the sum of five hundred dollars each, bearing interest at a rate not to exceed six per cent. per annum, payable semi-annually; and such bonds shall not be sold for less than their par value, and accrued interest, and the aggregate amount of the bonds of any such township, at any one time outstanding, shall not exceed fifty thousand dollars. The sale of such bonds shall be advertised for at least thirty days and the same sold to the highest bidder, at the office of the trustees of such township. SECTION 18. When the trustees of any such township have determined to improve any street or road, as herein provided, in order to provide for the payment of such improvement and to provide a fund for the redemption of any bonds issued by them under the provisions of section seventeen of this act, together with the interest thereon, they shall, in addition to the other road taxes authorized by law [to] levy annually upon each dollar of valuation of all the taxable property of such township, including such village, an amount not exceeding three mills upon each dollar of such valuation, and shall continue such levy from year to year until all the roads and streets by said commissioners designated for improvement have been improved, as herein provided, and the bonds issued for that purpose, together with interest thereon, have been paid. Annual tax to ment, redeem pay for improvebonds and pay interest. SECTION 19. The trustees of any such township certification shall cause the amount of taxes by them levied each year, and collecti under the provisions of section 18 of this act, to be certified to the auditor of the county, in which it is located, as other taxes are certified to him, and the same shall be by him placed upon the duplicate of the taxable property of such township, including such village, and the same shall be collected by the treasurer of said county as other taxes are collected. Provisions for SECTION 20. The trustees of any such township shall provide for the keeping in repair of such improved repairs. roads and streets and for that purpose the provisions of sections 4891, 4892 and 4893, and any amendments thereto of the Revised Statutes are made applicable to such township. SECTION 21. To provide a fund for the keeping in Annual tax for repair of such improved roads and streets, the trustees of repairs. such township may levy annually an amount not to exceed one-half of one mill upon each dollar of the valuation of all taxable property in such township, including such village, in addition to other road taxes by them levied. Duties and fees of township treasurer Exemption from taxation or assessment. Application of cost where improvements made on assessment plan. Restrictions on ment and issue of bonds. SECTION 22. The treasurer of any such township shall receive and disburse all money arising from the provisions of this act. He shall receive as compensation therefor one-half of one per centum of the first ten thousand dollars, or less, distributed in any one year and one-fourth of one per centum of any amount in excess of ten thousand dollars, to be paid out of the township funds, and he shall receive no other compensation for services rendered under this act. SECTION 23. No taxes or assessments shall be levied. upon any property in such township, including such village, by the county commissioners of the county in which it is. located, under the provisions of chapters 6, 7, 8, title 7, of the Revised Statutes of Ohio, after any public roads thereof have been improved under the provisions of this act. SECTION 24. That in all cases where streets or roads. have been heretofore improved, or shall be hereafter improved by being macadamized or paved on the assessment. plan, and paid for, or in process of being paid for, by abutting property owners, that the entire cost of the improvement herein provided for such width as may be designated by the commissioners, and at such time as such commissioners may designate such streets or roads for improvement shall be paid to the treasurer of the village or township. as the case may be, and the money so paid shall be by him applied to the payment of outstanding bonds issued for said improvement. SECTION 25. That not to exceed five miles of roads.. annual improve or streets shall be improved in any one year, and that in no event shall the bonds herein authorized be issued for a sum greater than is required to pay the cost of the improvement of roads and streets for the current year. SECTION 26. That this act shall take effect and be in force from and after its passage. DAVID L. SLEEPER, Speaker of the House of Representatives_ JNO. C. HUTSINPILLER, President pro tem. of the Senate Passed March 13, 1896. 60G [House Bill No. 136.] AN ACT To amend section 1737 of the Revised Statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 1737 of the Revised Statutes of Ohio be amended so as to read as follows: SEC. 1737. Each officer of the corporation, or any department or board thereof, whether elected or appointed as a substitute for a regular officer, shall be an elector within |