same shall be taken into the estimate of any contract price, at the time of the sale of such roads; and contracts heretofore entered into for the purpose above named, remaining uncompleted, shall be held to fall within the provision of this section. [67 v. 52, § 1. } SEC. 4913. The county commissioners of any county through which any turnpike or plankroad, or part of the same passes, are author.zed to appropriate as county roads any part of such roads that may remain unfinished for five years; and they may proceed at any time after any such road has become a county road, under the provision of this section, to improve the same under the provisions of any law, and shall have the benefit of all work done on such road or parts thereof, by any company or corporation, with out any compensation for the same; but this section shall not be construed to authorize the appropriation of any part of such road already finished. [61 v. 26 § 1.]

SEC. 4914. Any turnpike or plank road in the state upon which toll has been or may be authorized to be taken, which has been or may hereafter be out of repair for the period of six months, shall be deemed and held abandoned; and upon such abandonment being declared, as hereinafter provided, it shall be unlawful for any company or person owning or claiming to own such road, or any person owning or claiming to own the right to take tolls thereon, or any person in behalf of such company or person, to take, demand, or receive toll for the use of such road, or so much thereof as may be so declared abandoned. [75 v. 85, § 1.]

SEC. 4915. Any twelve or more freeholders of a county in or through which any toll turnpike or plankroad, or any part thereof, has been or may hereafter be constructed, may present to the probate court of any county in which such road or part thereof is situate, their petition, stating that such road or part thereof has not been kept in repair for the preceding six months, and praying that the same may be declared abandoned and vacated as a toll road; to which petition the company or persons owning or claiming to own such road, and all persons owning or claiming to own the right to take toll thereon, shall be made defendants. [75 v. 85, § 2.]

SEC. 4916. On the filing of such petition the court shall fix a time for the hearing thereof, not less than thirty days nor more than forty days thereafter, and issue a notice in writing to the defendants, stating the filing of such petition, and the day fixed for hearing thereof, and requiring the defendants to appear and answer, which notice shall be served in the same way as a summons in civil cases; and on the hearing of such petition, if the courts find that the road or part thereof has been out of repair as aforesaid, the court shall declare the same abandoned and vacated as a toll road. [75 v. 85, § 2.] SEC. 4917. If any one of the defendants is a non-resident of the state, and this fact is made to appear by affidavit on the filing of the petition, the court shall order notice to be given by the petitioners to such non resident, by publication for three consecutive weeks, in some newspaper printed and of general circulation in the county, stating the time when such petition will be for hearing, and the object and prayer thereof, which publication shall be deemed sufficient service. [75 v. 85, § 2.]

SEC. 4913. When a toll road, or part thereof, has been declared abandoned and vacated, as aforesaid, the probate court shall file a certified copy of its findings and judg ment with the commissioners of the county, who may thereupon declare such road or part thereof to be a county road, if in their opinion the public convenience requires the same to be established as a county road; and if so declared a county road the same shall be in all respects treated as other county roads. [75 v. 85, § 3.1

SEC. 4319. When any one or more of the principal highways of any county have been

§ 4719. A tax under this section will not be regard as invalid on the mere ground that the record does not show the existence of facts which warrant the levy. Lima v. McBride, 34 O. S. 338. The council of a municipal corporation is not entitled to control any part of the taxes levied under this section. Ib, 338.

so damaged or destroyed by fresh et, land-slides, wear, or water-courses, or any other casualty, or by neglect, or inattention, as to render the same unfit for travel, and hinder free and necessary transportation, and the commissioners of such county are satisfied that the ordinary levies authorized by law for such purposes will be inadequate to provide money necessary to repair such damages, or to remove obstructions from or make the changes in such road or roads rendered necessary by such cause, they may, annually thereafter, levy a tax at their June session, of any sum not exceeding five mills upon the dollar, upon all taxable property of the county, to be expended under their direction, in such manner as may seem to them most advantageous to the interest of the county, for the construction, reconstruction, or repair of such road or roads. [66 v. 60, $1.]

SKC. 4920. To anticipate the receipts which may come into the county treasury by virtue of such tax, the commissioners may borrow, from time to time, such sums of money as shall not exceed in the aggregate four-fifths of the tax levied; but the money so borrowed in any year shall not exceed four-fifths of the tax levied in such year, and shall be paid, with lawful interest, at the county treasury, out of the taxes so levied. [66 v. 60, § 2 ]

SEC. 4921. All money assessed and collected under the provisions of section forty-nine hundred and nineteen, which remains in the hands of the county treasurer, unexpended and unappropriated, for a period of six months after the annual September settlement for [the] fiscal year during which the tax was collected, shall be paid to the treasurer of the township or municipal corporation from which the same was collected, and shall be expended on the public roads, under the direction of the trustees of the proper township or municipal corporation, in such manner as may seem to them most advantageous to the interest of the township or corporation, for the construction, reconstruction, or repair of roads, and in building or repairing bridges. [70 v. 118, § 1.]

SEC. 4922. When any of the principal public roads in any county except turnpike roads over which tolls are collected, is subject to over flow or inundation so as to render the same, at any time, unfit for public travel, or hinder free and necessary transportation, the commissioners of such county may repair or reconstruct such road by building an embankment or leveo sufficiently elevated above all such overflows or inundation; and the experse cf such embankment or levee shall be paid out of the money in the county treasury, or that may be hereafter raised by taxation, for road or bridge purposes. [67 v. 91, § 1.]

SEC. 4323. When any such road has been constructed by adjoining counties, the commissioners of such counties, conjointly, may repair or reconstruct such road above an elevation of such overflow or inundation, and the expense of the same shall be paid from any money which may be in or shall hereafter come into the treasury of such counties for road or bridge purposes, in proportion to the aggregate amount of the tax duplicate of their respective counties. [7 v. 91, § 1.]

SEC. 4924. When any county bridge has been destroyed by fire, flood, or any other cause, the county commissioners may, if in their opinion the public good requires it, establish, or cause to be established, a free ferry in lieu of such bridge; but the cost of maintaining such free ferry shall not, in any case, exceed the interest on the probable cost of constructing a bridge across the stream. [67 v. 91, § 2.]

Src. 4925. When two-thirds of the resident freehold tax-payers living on the line of any state road, county road, or turnpike road, file a petition with the auditor of any county for an extra tax for the purpose of constructing, improving, or repairing such road, he shall levy such tax, of any amount that may be required, not exceeding six

726

LAWS RELATING TO AGRICULTURE.

mills on the dollar valuation in any year, on all the lands and taxable property for any distance on each side of such road not exceeding one mile, and in no case more than half the distance from such road to any other state, county, or free turnpike road running parallel or nearly parallel thereto. [69 v. 179, § 1.]

SEC. 4826. When any such tax is levied it shall continue for the term of three years and no longer, unless at the expiration of three years the petition or request be renewed; and in that event such tax may be levied for the term of three years longer. [69 v. 179, § 2.]

SEC. 4927. The auditor of any county shall levy such tax on the lands and property on the line of any such road, in any township, when petitioned for by three-fourths of the resident freehold tax-payers on such road, in such township only. [69 v 179, § 3.] SEC. 4925. All taxes arising under the provisions of the three preceding sections may be discharged by labor on the proper road, under the d rection of the supervisors within. whose jurisdiction such road is located, as provided by law in other cases; and the rate of labor shall be one dollar and fifty cents per day, and a ratable proportion for teams and implements. [69 v. 179, § 4 ]

SEC. 4929. If such taxes be discharged by labor, the supervisors shall receipt therefor, as in other cases for like services, and their receipts shall be received by the county treasurer in discharge of such tax. [69 v. 178, § 5]

SEC. 4930. All taxes arising from the provisions of sections forty-nine hundred and twenty-five, forty-nine hundred and twenty-six, and forty-nine hundred and twenty-seven, and no discharged by labor, shall be collected as other taxes by the treasurer of the county, and by him paid to the treasurers of the townships in which such roads are situate, and be disbursed by the trustees of such townships upon the roads for which the same were levied; but if any road, for the benefit of which any tax is so levied, is on a township line, the county treasurer shall pay to each of the township treasurers the portion of the taxes collected belonging to his township. [69 v. 179, § 6. ]

SEC. 4931. The commissioners of counties through which any part of the National Road passes shall take under their care and control, in behalf of their respective counties, so much of said road as lies within the limits of their counties respectively, except such parts thereof as are or may be by law under the control of cities or villages; said roads shall be kept in such repair, by each county so taking possession thereof, as is contemplated by the ac's of congress ceding to the state the jurisdiction and control of such portion of said National Road as lies within the limits of this state: and such commissioners shall be governed in all respects by the laws in force relating to aid road, except as hereinafter provided; but they shall not assess or levy any tax for the repair or preservation of said road, except as provided in the general statutes for the repair and preservation of county and state roads. [73 v. 105, § 1 ]

SEC. 4932. The commissioners may cause gates and toll-houses to be erected on said road within their respective counties, at such places as they shall designate, for the collection of tolls, appoint the necessary collectors of tolls, and remove them at pleasure, and pay them reasonable compensation for their services; the collectors shall pay into the treasuries of their respective counties, at the end of each month, all money collected and remaining in their hauds after deducting the compensation allowed for their services, and the commissioners shall apply such money to the keeping in repair of said road within their respective counties; and in the collection of tolls the collectors shall be governed in all respects by the laws in force relating to the collection of tolls; but no toll shall be charged or collected for travel on the part of said road situate in Madison county, or the part lying between the city of Columbus and the Columbus asylum for

LAWS RELATING TO AGRICULTURE.

727

the insane; and all persors shall be permitted to travel on said parts of said road free of toll. [74 v. 34, § 2; 76 v. 131, § 25.]

SEC. 4933. The commissioners, if they deem it for the best interest of the road, may require the collection of toll from persons who may travel with horses and all kinds of carriages and wagons between toll gates, or between the county line and the nearest gate thereto, at the same rate per mile as may be charged for like travel on said road to persons traveling or hauling through the toll-gates thereof, and may make such rules and regulations with regard to the collection of such intermediate tolls as they may deem just and proper. [74 v. 65, § 3.]

SEC. 4934. When the consent of the congress of the United States has been obtained thereto, the commissioners of any county through which said road passes may, if they deem it for the best interest of the road, or the people whom the road accommodates, submit to the legal voters of the county, at any regular or special election, the question, "Shall the National Road be a free turnpike road?" and when the question is submitted, if a majority of all those voting thereon vote "Yes," the commissioners shall sell the gates, toll-houses, and any other property belonging to the road, to the highest bidder, apply the proceeds of the sale to the repair of the road, and declare so much of the road as lies within their county a free turnpike road, to be kept in repair in the way and manner provided by law for the repair of free turnpikes. [74 v. 62, § 3.]

SEC. 4935. The commissioners of such counties in which said road has never been completed, and in which no toll-gates are erected, or toll collected, may proceed in accordance with the provisions of chapter seven to make and declare such unfinished parts of the road a free turnpike or county road. [73 v. 105, § 4 ]

SEC. 4936. The commissioners of any county through which any canal or feeder or a canal of this state passes, except such as are built by incorporated companies, shall, at the cost of such county, keep in good repair all bridges, where any state or county road crosses such canals. [36 v. 51, § 1.]

SEC. 4937. When it is deemed necessary to construct a bridge upon any street, road, or public highway, across any of the canals or feeders of the canals of this state, in any city or village, the council of such city or village, or the commissioners of the county in which such city or village is situate, and having lawful authority to construct or erect a bridge on such road, street, or public highway, where the same crosses any such canal, or feeder of the canal, may erect and maintain, for public use, a swing bridge, or self-closing bridge, upon any such street, road, or public highway, at such place; but no such bridge shall be so constructed or erected without first obtaining, for the model and location thereof, the consent in writing, of the board of public works. [71 v. 84, § 1.]

1

SEC. 4933. The commissioners of the several counties shall cause to be constructed and kept in repair, in the manner prescribed by law, all necessary bridges in villages and cities not having the right to demand and receive any portion of the bridge fund levied upon property within such corporations, on all state and county roads, free turnpikes, improved roads, transferred and abandoned turnpikes and plank roads, which are of general and public utility, running into or through any such village or city. [69 v. 61, § 1.]

SKC. 4939. The commissioners of any county may contract with any railroad company for the construction, use, and maintenance of wagon tracts in connection with railroad bridges. [70 v. 245, § 1.]

Sxc. 4940. The commissioners of any county shall cause to be constructed, without nnnecessary delay, good and sufficient approaches or ways to bridges which have been or may hereafter be erected by them, and they shall contract for the construction thereof in the same manner as is provided by law for contracting for the erection of bridges by county commissioners; and the cost of constructing such approaches or ways shall be paid from the bridge fund of the county, on the order or the commissioners; but the trustees of the several townships shall cause to be built and kept in repair all bridges and culverts, except upon improved and free turnpike roads, where the cost of construction does not exceed fifty dollars, and they are authorized to levy a tax for the payment of the same. [73 v. 32, § 1.]

SEC. 4941. The commissioners of any county in which there is a toll-bridge may purchase the same at such price as may be agreed upon by them and the owners of such bridge. [66 v. 22, § 1.]

SEC. 4942. For the purpose of paying such agreed price, or any part thereof, the conmissioners may issue the bonds of the county, in sums of not more than five hundred dollars each, payable in installments, during a period not exceeding twenty years from the date thereof, with interest not exceeding the legal rate, payable semi-annually, which bonds shall not be sold at less than their par value. [66 v. 338, § 2.]

SEC. 4943. The commissioners may also cause to be levied and collected such tax, not exceeding one mill on each dollar of valuation of the taxable property of the county in any year, as will be necessary to pay the bonds issued in pursuance of the last section as they become due, together with the interest thereon. [66 v. 22, § 3.]

SEC. 4944. The commissioners of the several counties shall cause to be painted in large letters, and conspiciuously placed at each end of every free county bridge which they may deem proper to protect by the provisions of this chapter, a notice cautioning all persons against driving on or over the bridge faster than a walk, or driving on or over the bridge at any one time a greater number of cattle or horses than twenty head, under penalty of a fine not to exceed ten dollars nor less than one dollar. [66 v. 90, § 1. ] SEC. 4945. A constable of any township, or the marshal of any city or village, may arrest upon view, and without any process, any person violating the provisions of the preceding section. [66 v. 90, § 3 ]

Sxc. 4946. Prosecutions under the preceding section shall be in the name of the state, andhall be commenced within three months after the offense is committed; and nothing contained in this chapter shall be construed to take away from the county commissioners any right of action for changes [damages] which they may have against any person for injury done to such bridge. [66 v. 90, §§ 4, 5.]

$408. See Lote t§ 48-6.

Cannot construct bridge so as to obstruct navigation. Hickok v. Hine, 23 0. S. 523.