and Thorn, in the county of Perry, are hereby authorized to cause to be made the surveys and estimates of the parts of certain roads within their respective townships, which the commissioners of said county were authorized to make by the act of February 17, A.D. 1880, entitled "an act to authorize the survey and estimate of the grading of certain roads in Perry county," and which surveys and estimates said commissioners have failed to make. Such surveys and estimates shall be made and paid as provided in said act, and the trustees of each of said townships are hereby vested with all power and authority by that act given to, and the duties in that behalf imposed upon the county commissioners in relation to such survey within the township, or the payment therefor. SEC. 2. Such surveys and estimates thereof may be made of more than one line or parts of lines between any of the villages named in said act, and shall not be required to follow the lines of public roads. SEC. 3. The county commissioners of the said county, upon the demand of a majority of the trustees in any two or more of the townships aforesaid, for the construction of a free turnpike, connecting consecutively within their several townships, villages named in said act, on the line from Thornport to New Straitsville, shall construct a free turnpike, making such connections, and in that behalf shall appoint three competent, judicious, disinterested freeholders of the county as commissioners to view, survey, and locate the route of such free turnpike, and running by such direct and eligible route as shall be adjudged to be, as far as practicable, the best, cheapest, and most convenient route between such villages; but they are not authorized or required to construct or maintain such road within the limits of any village, nor shall it be constructed along and within one hundred feet of any railroad for a distance of over two hundred feet in any mile of the turnpike. SEC. 4. A majority of the trustees of any of said townships may agree with the trustees of any other township or townships upon a branch line or lines to said above named free turnpike to be constructed to a fixed point thereon, and from some designated point or points on the east or west side of said first named line; and thereupon, upon the demand of a majority of the trustees of each of said townships, said commissioners shall, under the provisions of this act, cause a free turnpike to be constructed between said agreed points, and appoint commissioners in that behalf, who shall do and perform, in that behalf, the duties of such office, as before provided. SEC. 5. Commissioners appointed, as aforesaid, to view and locate any route, shall make report of the probable and relative cost of the construction of a free turnpike upon different available routes between points designated for the turnpike, upon demand of a majority of owners along any suggested line, or without such demand, if by them deemed best. SEC. 6. Except as otherwise provided in this act, the location, establishment, construction, and maintenance of any free turnpike herein authorized, shall be under and in accordance with the provisions of sections four thousand seven hundred and fifty-nine, four thousand seven hundred and sixty, four thousand seven hundred and sixty-one, four thousand seven hundred and sixty-two, four thousand seven hundred and sixty-eight, four thousand seven hundred and seventy, and four thousand seven hundred and seventy-one, four thousand seven hundred and seventy-two, and four thousand seven hundred and seventy-three; further excepting, that where sufficient survey has been made by the township trustees, no further survey shall be required; and further excepting, that the said commissioners shall not be allowed to require donations of money or written agreements for special taxation before determining upon the opening or establishment of any road, or part thereof; and further excepting that no submis sion of any vote or question to the voters of the county shall be had in the premises; and the expense of the necessary grading in any township shall be paid by the township out of the township treasury, and also so much of the expense of the turnpiking as with the grading, shall not exceed one thousand dollars per mile in the township, shall be paid likewise out of the township treasury, and all other costs and expenses of every kind accruing or arising in or about the locating, establishing, and constructing any free turnpike under this act shall be paid by the county out of the county treasury, in the manner provided by law. The township trustees shall be furnished with a copy of the specifications for grading in the township; and the contracts for grading shall be separate from other expenses, and the commissioners shall cause the cost of grading to be certified in duplicate to the trustees and county auditor, and the tax levied for the payment thereof by the township, as in other cases. SEC. 7. The township trustees of any township in which such free turnpike is constructed, or to be constructed, are authorized to levy and cause to be certified and assessed on all the taxable property of the township a tax not exceeding, annually, five mills on the dollar, to pay the expenses of grading and macadamizing free turnpikes under this act, within the township, and to pay bonds issued and disposed of in that behalf and interest thereon, and are hereby authorized to issue bonds, not exceeding ten thousand dollars, in any township, in such denominations as the trustees may deem best, to bear interest not exceeding six per cent., to be sold at not less than their par value, and to run not exceeding six years from the date of issue. SEC. 8. Commissioners of the county, for each day's services under this act, shall receive the same per diem compensation as allowed by law in other cases, and commissioners appointed as viewers, and trustees of townships, shall receive the same compensation for each days's service as is now provided by law for services of township trustees. SEC. 9. The bridge across St. Joseph creek, on the Somerset and New Lexington road, is also hereby made and established as a point on the line for survey and free turnpike between said towns. SEC. 10. Electors of any township, numbering as many as a majority of the votes cast in the township at the last preceding election held therein, when the trustees have failed to act in the premises, may, by their petition to the county commissioners, demand the construction of a turnpike, which the township trustees might by this act demand, and may agree to any line to which the township trustees under this act might agree, and such petition shall have all the force and effect of the demand or agreement of the township trustees in the premises, and they also by such petition may require the county commissioners to make preliminary surveys and estimates in the township where the trustees and commissioners have failed to make such survey and estimate. SEC. 11. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. Passed April 15, 1881. [Senate Bill No. 429.] AN ACT To relieve certain purchasers of section No. 16, in Wilkesville, Vinton county. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whereas, section 16, in Wilkesville township, Vinton county, donated by the Ohio company for school purposes, was, in the years 1864, 1865, and 1866, sold according to law, and from a misapprehension of the law said lands were not put upon the tax duplicate nor appraised for taxation until the year 1876, when the auditor of said county entered upon his books said taxes for each year from the day of sale, with penalty and interest, and has declared said lands delinquent therefor, and proposes to enforce the collection thereof, which now makes an amount which is oppressive and will cause the loss of their land to the poor owners thereof, if collection is enforced; therefore, the commissioners of said county be and they are duly authorized and empowered to settle with the owners of said lands and release them, or any of them, from all or any portion of said taxes, whether state, county, or township, as to said commissioners shall seem just. SEC. 2. This act shall take effect and be in force from and after its passage. Speaker of the House of Representatives. Passed April 15, 1881. [Senate Bill No. 344.] AN ACT To enable Union township, Brown county, to settie a claim for bounty. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the trustees of Union township, Brown county, be and they are hereby authorized to pay Rufus Martin, the sum of two hundred and thirty-five dollars ($235.00), the balance alleged to be due him from said township, upon bounty, as a soldier, with interest from September 4, 1864, and if necessary, to levy a tax for that purpose; provided, that the said trustees of Union township, upon proper investigation, are satisfied that the said Rufus Martin, as alleged, enlisted in the fourth independent Ohio volunteer cavalry during the year 1864, and was credited to said Union township, with the guarantee by a local recruiting committee that he should receive the sum of four hundred and thirty-five dollars ($435.00), as bounty, and did receive, from said local committee, the sum of two hundred dollars ($200.00); that the balance of two hundred and thirty-five dollars ($235.00), was paid by the said local committee into the township treasury, and not having been kept separate from other funds was appropriated for township purposes, and the said Martin has not received the balance, and that the same is justly due him. SEC. 2. That this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. President pro tem. of the Senate. Passed April 15, 1881. [Senate Bill No. 416.] AN ACT To authorize the commissioners of Adams county to construct a free turnpike road from the terminus of the Rome and Mineral Springs free turnpike road to the village of Jacksonville, in said county of Adams. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the commissioners of Adams county be and they are hereby authorized to construct a free turnpike road from the terminus of the Rome and Mineral Springs free turnpike road to the village of Jacksonville, Adams county, Ohio. SEC. 2. Said road shall be constructed on the shortest and most practical route, and shall be opened not more than sixty feet wide nor less than forty feet, and at least twenty feet in width; shall be turnpiked with earth so as drain freely to the sides, and raised with stone, or gravel, or both, not less than twelve nor more than sixteen feet in width, nor less than twelve inches thick in the center, and not less than eight inches thick at the outer edge of such bed of stone or gravel, well compacted together, in such a manner as to secure a firm, even and substantial road; and said road shall be provided with the necessary side-drains and with substantial bridges or culverts at all the crossings. SEC. 3. Before determining upon the location and construction of said road, said commissioners shall require donations of money not exceeding fifteen per centum of the estimated cost of said road, together with the right of way. Persons contributing to said donation shall sign a written agreement subjecting their taxable property to taxation until such donations as they may make are paid, which agreement shall be filed and recorded in the office of the county recorder; and from the time of such filing and recording, shall operate as a lien upon the real estate of the several parties joining therein, as donors, for the purpose herein provided. the SEC. 4. Said commissioners may, if they deem best, assess a tax upon taxable property of said county to pay for the construction of said road, or pay for the same out of funds lying in the county treasury and unexpended, levied for road improvement purposes. SEC. 5. A majority of said board of commissioners shall, at a regular session, be necessary to agree upon specifications and order said improvement. SEC. 6. The locating, viewing, selling, and advertising of said road, shall be done in accordance with the statutes now in force and provided, governing such matters. SEC. 7. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tem. of the Senate. Passed April 15, 1881. [Senate Bill No. 448.] AN ACT To authorize the construction of a town hall by the trustees of Burton, Ohio, and empower them to borrow money therefor. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it having been decided by the electors of Burton, Geauga county, Ohio, at the April election of 1881, by a vote of two hundred and twenty-six to forty-seven, to remove, rebuild and enlarge the town hall in said township, and the trustees, with many of the citizens and tax-payers of the township, believing it will better subserve the interests of the township to sell the old hall and build anew, the said trustees are authorized to sell said old hall upon the best obtainable terms, and build a new hall upon the site named in the notice for the election before referred to, and the funds received for such sale shall be used solely in the construction of such new hall. SEC. 2. That for the purpose of carrying out the provisions of the foregoing section, the trustees are authorized to levy such tax as they shall determine as necessary, not in any one year exceeding one and one-half mills on the dollar valuation, and for not exceeding ten years. In anticipation of the collection of such tax, they may issue the bonds of said township, running from one to ten years, at a rate of interest not exceeding six per cent., to be disposed of at not less than par, and in the aggregate not to exceed the amount to be realized by the levy named. SEC. 3. This act shall take effect from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. President pro tem. of the Senate. Passed April 10, 1881. [House Bill No. 718.] AN ACT To authorize the commissioners of Delaware county to levy a tax to pay certain county bonds issued to the Ashley and Delhi gravel road company. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the commissioners of Delaware county, Ohio, be and they are hereby authorized to levy a tax on all the taxable property within the limits of said county, not exceeding one-eighth of a mill on the dollar, to be applied in payment of the remaining outstanding bonds of said county, and the interest due thereon, issued by said county of Delaware, to the Ashley and Delhi gravel-road company; and the surplus, if any, after payment of said bonds and interest, to be used for ordinary county purposes. SEC. 2. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tem. of the Senate. Passed April 15, 1881. |