[House Bill No. 841.]

AN ACT

To authorize the trustees of any township in any county which, at the last federal census had, or at any succeeding federal census may have a population of not less than twenty-nine thousand and fifty, and not exceeding twenty-nine thousand eight hundred, to improve public roads, levy taxes therefor and issue bonds in anticipation of such taxes.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the trustees of any township in any county, of this state, which, at the last federal census, had or which, at any subsequent federal census, shall have a population not less than twenty-nine thousand and fifty and not exceeding twenty-nine thousand and eight hundred, shall have power to issue the bonds of such townships, respectively, in any sum not exceeding twelve (12) per cent. of the valuation as shown by the last tax duplicate, bearing interest at a rate not exceeding six per cent. per annum from the date of issue, payable semi-annually, for the purpose of improving the highways in such townships, respectively.

Township highway imhonds (Van

provement Wert county).

bonds.

SECTION 2. Said bonds shall be signed by the trustees Issue, sale and of such township and countersigned by the clerk; and shall redemption of not be sold for less than par value; the principal shall be payable after ten years from the date of the issue of said bonds, in annual installments, of not less than ten per cent.

of the bonds so issued; and the said trustees are hereby Levy of tax. authorized to levy a tax on all the taxable property of such township to pay said bonds and interest thereon as the same becomes due, and the funds so realized from the sale of said Application of bonds shall be used by the trustees of such township for no proceeds of other purpose than that specified in section 1 of this act.

bonds.

improved.

surveyor or

engineer;

SECTION 3. The board of trustees of such township after Examination having determined which roads are to be improved, shall of roads to be examine such roads and ascertain if the proposed roads are sufficiently graded and drained; and if such be not the case, then they may take to their assistance a competent surveyor engin or engineer, whose duty it shall be to make, under the direction of the board of trustees, a survey and level of the roads selected, fix the grade of the road and the grade and capacity of the drains on the side thereof. The trustees shall cause to Culverts; be constructed all necessary culverts on such roads, fix the width and depth of width of the graveled or macadamized track not less than track. nine feet nor more than sixteen feet wide, and the depth thereof not less than eight inches nor more than twelve inches in the center, and the slope from the center to the sides. The trustees may consolidate the road districts through which Consolidation any such road improvement passes, and direct the supervisors of road disof such road district to work the two days' labor in such dis- days' labor. trict, and in such manner as shall be prescribed by the

trustees.

SECTION 4. A majority of the board of trustees shall be Ordering and necessary to order the said improvement, and the work of letting of imconstruction and the furnishing of material for such road

provement.

Contracts for material and hauling.

Notice of letting

Lowest bidder; bond; separate

bids.

Rejection of bids; examination and acceptance of work; order for payment.

Overseer; compensation.

Township

clerk's record and compensation.

Payment fees.

Itemized aocounts.

improvement shall be publicly let, excepting such work as may be done by the supervisors of the road district as herein provided. The contracts for material to be used in the construction of said road improvement and the contracts for hauling said material upon the roads shall be let separately. SECTION 5. The trustees, after having given public notice of the time and place for such letting, for at least two weeks, in a newspaper of general circulation in the township or county, or by handbills, or both, at the discretion of the board of trustees, specifying the kind and quality of the material, and the part of the road upon which the same is to be used, shall let the same to the lowest bidder, who shall give bond to the acceptance of the trustees. The bids for the material and for the work of hauling the same shall be separately stated, and the trustees may reject any or all bids. The trustees shall examine and accept the work when completed, and ascertain the amount of material furnished under the provisions of this act, and if found in all respects correct, shall draw an order for the amount due for work, or for material furnished, upon the township treasurer, which shall be countersigned by the township clerk.

SECTION 6. The board of trustees may appoint one of their number or some other suitable person who shall oversee the work, and for the services rendered under the provisions of this act, such person shall be entitled to receive for each day actually employed, a sum not exceeding two dollars. And the trustees shall provide for the township clerk a suitable book in which there shall be kept a complete record of the business transacted under the provisions of this act, and it is hereby made his duty to keep a full and complete record of the action of the board of trustees under this act, and the township clerk, for making said record, shall be entitled to receive ten cents per hundred words, and for all other services such reasonable compensation as may be allowed by the board of trustees.

SECTION 7. The fees of the township officers, the engineer, and the person who may be appointed by the board of trustees under the provisions of this act, shall be paid out of the township road fund. But before any payments shall be made for services rendered under the provisions of this act, the person entitled thereto shall make out and file with the township clerk an itemized account of his services, whereupon the Order for pay trustees shall, if they find the same correct, draw an order on the township treasurer, countersigned by the township clerk. SECTION & The roads graveled or macadamized under public travel; the provisions of this act shall be free to the public travel, and shall be kept in repair by the trustees, out of the funds that come into the township treasury from the county treasury, as provided for in section one thousand four hundred and fiftynine (1459) of the Revised Statutes of Ohio.

ment.

Roads free to

repairs

Question to be submitted to Voters

SECTION 9. The question of issuing said bonds and levying said tax and the improvements of said roads of such township shall be submitted to a vote of the qualified electors of said township at a special or general election to be ordered

by the trustees of such township at the usual place of holding elections. Notice of said election to be posted up at least in five conspicuous places in such township at least ten days before said election. The tickets to be voted at said election shall have written or printed thereon the words, "Road improvement-Yes," or "Road improvement-No." And if the majority of those voting on said proposition are in favor of the same, then it shall be the duty of said trustees to make said levy as herein before directed.

SECTION 10. Provided, that after the trustees of such Exemption township have made the levy and commenced and continue from taxation. to improve the public highway as herein provided, the property in such township shall be exempt from any levy by the commissioners of said county for the purpose of constructing, maintaining or improving roads.

SECTION 11. This act shall take effect and be in force from and after its passage.

To amend section 3033, as amended April 28, 1886; section 3036, as amended April 28, 1886; section 3037, as amended April 28, 1886; section 3044, as amended April 28, 1886; section 3045, as amended April 28, 1886; section 3048, as amended April 15, 1889; section 3051, as amended April 28, 1886; section 3056, as amended April 28, 1886; section 3064, as amended April 28, 1886; section 8070, as amended April 28, 1886; section 3076, as amended April 28, 1886; section 3085, as amended April 28, 1886.

SECTION 1. Be it enacted by the General Assembly of the State Militia: of Ohio, That section 3033, as amended April 28, 1886; section 3036, as amended April 28, 1886; section 3037, as amended April 28, 1886; section 3044, as amended April 28, 1886; section 3045, as amended April 28, 1886; section 3048, as amended April 15, 1889; section 3051, as amended April 28, 1886; section 3056, as amended April 28, 1886; section 3064, as amended April 28, 1886; section 3070, as amended April 28. 1886; section 3076, as amended April 28, 1886; section 3085, as amended April 28, 1886; be so amended as to read as follows:

Sec. 3033. In times of peace the active militia shall congist of one hundred and two companies of infantry, eight batteries of artillery, and two troops of cavalry, to be allotted and apportioned in such localities of the state as the necessi ties of the service in the discretion of the commander-in-chief may require.

Active militia: tuted and apportioned.

how consti

Infantry organization.

Cavalry organization.

Election and

Sec. 3036. Each regiment of infantry shall consist of not more than twelve nor less than eight companies, and shall be formed into battalions of not less than three and not more than five companies each, and shall have a colonel, a lieutenant-colonel, one major for each battalion, a surgeon with rank of major, one assistant surgeon with rank of captain, a quartermaster with rank of first lieutenant, an inspector of rifle practice with.rank of captain, a regimental adjutant with rank of first lieutenant, a chaplain and a noncommissioned staff, to consist of a sergeant-major, one quartermaster-sergeant, one commissary-sergeant, a hospital steward, two principal musicians, and a drum-major. A commander of a regiment may enlist a regimental band to consist of a leader and not more than twelve men for each battalion, and a hospital corps of not more than six men for each battalion. Each company shall consist of a captain, a first lieutenant, a second lieutenant, one first sergeant, four sergeants, eight corporals, two musicians, an armorer, and not less than thirtytwo and not more than fifty-six privates.

Sec. 3037. Each troop of cavalry shall consist of a captain, a first lieutenant, a second lieutenant, a chaplain and an assistant surgeon with rank of captain, one first sergeant, four sergeants, eight corporals, two trumpeters, two farriers, two blacksmiths, a saddler, a wagoner and not less than thirty nor more than eighty privates, and a non-commissioned staff consisting of a sergeant-major, a quartermaster-sergeant, a commissary-sergeant, a color-sergeant, veterinary-sergeant, a hospital steward, who may be enlisted as such.

Sec. 3044. The officers of the national guard shall serve term of officers. for the term of five years, unless sooner di-charged, and shall be elected as follows: Field-officers of regiments and bat:alions by the written or printed votes of the officers and enlisted men of the respective regiments and battalions; captains and lieutenants by the written or printed votes of offcers and enlisted men of the respective companies, troops and batteries.

Regulations governing such elections.

Rank of officers.

Dishonorable discharge.

Term of enlistment.

Sec. 3045. All meetings for the election of officers shall be ordered by the commander-in-chief, and shall be governed by such regulations as he may prescribe. Each officer shall be separately voted for, and any person receiving a majority of the votes of the electors present at such meeting shall be deemed elected; provided, that no election shall be held unless a majority of the electors be present and voting.

Sec. 3048. Officers shall take rank from date of commission; an officer who has served in the same grade continuously, either by reëlection or reappointment, shall take rank from the date of his first commission in that grade.

Sec. 3051. An officer may be discharged by the commander-in-chief to carry out the sentence of a court martial.

Sec. 3056. All enlistments in the active militia shall be for the term of five years, but all persons honorably discharged at expiration of term of service may be reënlisted Discharge, and for the term of one year. No enlisted man shall be discharged before the expiration of his term of service except by order

reasons there

for.

of the commander-in-chief, and for the following reasons: To accept promotion by commission; upon removal of residence from the state, or permanent removal to such distance from the command to which he belongs, that in the opinion of his commanding officer, he can not perform his military duty; upon disability, established by the certificate of a medical officer, whenever, in the opinion of the commander-in-chief, the interest of the service demands such discharge; to carry out the sentence of court martial; dishonorable discharge, or discharge in such form as to forbid reënlistment, shall be given only in accordance with the sentence of a general

or regimental court martial. Every soldier discharged from Certificate of the service of the state shall be furnished with a certificate of discharge. such discharge which shall state clearly the reasons therefor. The adjutant-general shall publish in his annual report the Publication of names of all officers and enlisted men dishonorably discharged during the period of the year.

dishonorable discharges.

and battalion Courts martial.

Sec. 3064. The commanding officer of each regiment or Regimental battalion may appoint a regimental or battalion court martial, to consist of a field-officer, for the trial of offenses that are within the jurisdiction of a field-officer's court of the United States army; and the commanding officer of a company, troop Court of discior battery may appoint a court of discipline to consist of three pline. enlisted men, who shall try and dispose of minor offenses of enlisted men. The findings of a court of discipline may be appealed to a field-officer's court.

Sec. 3070. The fatigue and dress uniform and overcoat Uniforms. of the officers and enlisted men shall conform and correspond with the uniform prescribed for the United States army, except the coat of arms, which shall be that of the state.

inspections.

commissioned

Sec. 3076. Each company of national guard shall as- Company semble for drill and instruction at least once each week, and drills and the commanding officer of each regiment and battalion shall inspect each company of his command at least twice in each. year, or detail a field-officer for that purpose. The command- Instruction of ing officer of each regiment and battalion shall call meetings officers. of the commissioned officers of his command, at the place most convenient, at least once in each quarter for instruction in tactics, and customs of the service; but nothing in this section shall be construed as allowing compensation for attendance at such meetings

Sec. 3095. The board of county commissioners of the Armories. county in which all or a majority of the officers and enlisted men of any regiment, battalion, company, troop or battery reside, shall provide for each organization a suitable armory for the purposes of drill and for the safe keeping of the arms, equipments, uniforms and other military property furnished by the state, subject to the inspection and approval of an officer detailed for such purpose by the commander-in-chief, and the expense of armories, including the necessary care of said armories, fuel and light, shall be paid either by the county wherein all the members of [any] such organization reside, or by counties in proportion as they have resident members of any such organizations.