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the board of supervisors of the county may fill the vacancy Temporary ap

pointment of by a temporary appointment, to expire when the person so to surveyor, be elected at the annual election shall be duly qualified to act, and in no case shall there be two road surveyors in said township elected or appointed who at the same time reside in the same road precinct. The road surveyors so elected shall, within ten days after being duly notified thereof by the township clerk, and those so appointed shall, within ten days after being duly notified thereof by the clerk of the board of supervisors of the county, proceed to qualify by taking the several oaths prescribed by law, which oaths the township Oaths of surveyclerk is hereby authorized to administer; a copy of which oaths, signed by the road surveyor on taking the same, shall be filed by him in his office.


8. Any two of said road surveyors shall constitute a quo- Quorum. rum for the transaction of any business.

9. Stated meetings of said road surveyors shall be held at Stated and sper

cial meetings of the place of voting in their township on the second Tuesday surveyors, of April of every year, and special meetings at such other times as a majority of the surveyors may determine.

vided into sec


10. It shall be the duty of the surveyors, within twenty days after the first day of January, eighteen hundred and seventy-one,


years thereafter, to lay out and Roads to be didivide all the county roads in their said township into sections. tions not exceeding one-half mile in length, which they shall Sections to be number and describe in a book kept by them for that purpose; they shall also distinctly specify therein what they may deem necessary for the improvement and keeping in repair each section of said county roads for the term of three years.

and described in a book,

11. It shall be the duty of said road surveyors to expose Sections to be of

fered at public all the county roads, one section at a time, at public sale, to sale. the lowest and best bidder, commencing on the third Tuesday in April, eighteen hundred and seventy-one, and to continue from day to day, if necessary, until all are sold, and every three years thereafter, commencing on the third Tuesday of April, and continuing as aforesaid until all are sold, of which sales at least ten days' notice shall be given by not Notice of sales. less than ten handbills posted in the most public places in

tract to give bond.

Purchaser of con- the township. Provided, that any person purchasing a con

tract or contracts at any sale herein provided for shall give bond, with freehold security, to be approved by said surveyors, in a sum to be fixed by said surveyors, for the performance of every contract so purchased.

Road hereafter established to be

12. The road surveyors shall divide all the roads that may divided into sec- hereafter be laid out, altered or established in said township,

into sections not exceeding one-half mile in length, number and describe them, specify the nature and character of the work to be done, within twenty days after the time they may receive an order for the opening of the same, and after giving

ten days' notice by posting handbills at ten of the most pubSale of sections. lic places in the township, shall proceed to sell the same at

public sale in the manner and form provided in the eleventh section, for such a length of time as they deem necessary for the opening of the same, after which they shall be kept in repair in the same marner as other roads in the township.

Contractor to sign his name to



13. It shall be the duty of every purchaser to sign his or surveyors' book. their name or names, as the case may be, and write the sum

he or they are to receive for repairing his or their section or sections in the book kept by said road surveyors, mentioned

in section ten of this act, under the description thereof, and to keep a chose feil any contractor or contractors neglecting or refusing to keep tion in repair, his or their section or sections in repair in conformity there

to, upon complaint of any citizen of the township in which such road is, made to the road surveyors thereof, it shall be their duty to examine thereinto within four days after such

complaint, and if upon such examination they deem the comsurveyors to give plaint well founded, they shall give notice thereof in writing tor, and if he still to the party or parties so complained of, and accompanying fail,

said notice with a request that the party or parties so complained of shall put in good repair, within six days thereafter, his or their portion of road so out of repair, and if he or they shall still neglect or refuse to repair the same, it shall be the duty of the said road surveyors to cause the same to

be put in good repair, and the costs of said repairs shall be cause repairs at cost of contrac- recoverable by said road surveyors before a justice of such

township, or in the circuit court of the county if such costs exceed the sum of one hundred dollars, as other debts or claims of equal amount are now recoverable by law. Provided, however, that if any road surveyor shall become a pur

surveyors to



chaser or contractor as aforesaid, and shall neglect or refuse Notice in case of to keep in repair, according to his contract, any portion of contractor, on his section so purchased, it shall be the duty of the supervi- roads in repair. sor of the township in which said road is, upon complaint of any citizen of the township made to him, to examine the sec. If neglect con: tion or sections so complained of within four days from the to have road put time of such complaint being made, and if such complaint is of person in dedeemed well founded, he shall give notice in writing to the person or persons so complained of, accompanying the same with a request that he or they so notified to put his or their section or sections so complained of in good repair, according to his or their contract, within six days thereafter, and if such neglect or refusal to repair the same shall continue for any period of time after said six days, it shall then be the duty of said supervisor of the township to cause the same to be put in good order at the costs of the person or persons so complained of, in manner and form hereinbefore provided for other delinquencies.


14. It shall be the duty of the road surveyors to inspect Inspection of all the roads in the township at least once


two months, and if they find any contractor or contractors have notice to conneglected to fulfill his or their contract or contracts, to give of their neglect. notice thereof as provided in the preceding sections, in case of complaints being made, and to enforce the same.

tractors in

port amount


levy for amount

15. It shall be the duty of the road surveyors, as soon as Surveyors to repracticable after the sale of said county roads, or of any necessary to newly established or altered road, and annually thereafter, keep up roads.

, to ascertain, and report in writing immediately after such ascertainment, to the board of supervisors of their county, the amount of money necessary to keep in repair and open the . roads in their township; whereupon the said board of supervi- Supervisors to sors, at their first stated meeting thereafter at which said board so reported, may be required to levy the estimates covering county debts and liabilities, shall provide for the amount so reported to them by the road surveyors as aforesaid, and any other ex- Capitation tax. penses pertaining to the same, by levying a tax of one dollar on every male inhabitant of said township who has attained the age of twenty-one years; and the balance, after deducting said capitation tax and estimated delinquencies, shall be Tax on property. levied upon the property of said township taxable for state and county purposes, and in the same manner; a list of

urer to collect taxes.

Township treas- which persons liable under said assessment, together with

the amount with which they are severally chargeable, shall be delivered to the township treasurer of such township, who shall proceed to collect the same in the manner in which he may be now or hereafter required to collect other township taxes; and he is hereby authorized and empowered to use the same means to enforce the collection thereof that he may pos

sess as to other township taxes. Provided, that if at any thority of town- time the authority of township treasurers to collect all other ship treasurers

township taxes shall hereafter by law or otherwise cease, the board of supervisors of the county shall appoint a suitable person to collect the taxes herein provided for; and such person so appointed shall in all respects discharge the duties, and be liable as said treasurer is now herein required to discharge any duty, or made liable in any manner.

Collector to be appointed if au


Bonds of survey ors and collectors.

16. Every road surveyor and collector of taxes provided for in this act shall, before entering upon the duties of their office, give bond, with security, to be approved by the supervisor of their township, in such sum as may be required by the board of supervisors of the county, the same to be made payable to the board of supervisors of their county, and be conditioned as any other fiduciary public officer's bond.

Contractors re

17. It shall be lawful for any contractor or contractors who moving may give up contract,

may remove out of the township to yield up to the road surveyors the unexpired portion of his or their contract or contracts by giving notice thereof in writing, at least twenty days before the next annual election thereafter; and the unexpired term of such contract or contracts so yielded up, and any section of new road that may have been opened, shall be

sold at private sale by the road surveyors, for the unexpired and shall be paid portion of the triennial term. Provided, that in case of they are justis death or removal out of the township, the road surveyors

shall cause to be paid, in the same manner as other claims required to be paid to contractors, to the representatives of such person so deceased, or to such person so removing, such portions of the money specified in their respective contracts as they shall believe them justly entitled to.


entitled to.

Right to reject

18. The road surveyors shall have the right to reject any bids if too high, and sell at pri- ' bids that may be by them deemed too high, and sell such

section or sections, or new road, at private sale.

vate sale.

vices of survey

19. The road surveyors shall each keep a regular account Payment for serof the amount and kind of services performed by them sev- ors. erally, with the date thereof, and render an account thereof, sworn to, to the board of supervisors of the county, who shall audit, and if by them found correct and proper, order payment of the same, or such part thereof as may be deemed proper, out of the funds for road purposes in the township of such road surveyor.

how returned

20. Delinquent lists of taxes uncollected under the provis- Delinquent lists ; ions of this act shall be returned to the board of supervi- and disposed of. sors of the county, and shall be disposed of relatively to this act as township levies for school purposes are disposed of.


21. All claims of any contractor or contractors, or others, Road claims to for money which may, under the provisions of this act, be due be paid by colto such contractor or contractors, or other person, shall be garerfisboard of paid by the collector of taxes herein provided for, upon the order or warrant of the board of supervisors, signed by the president.


fusal of surveyor

22. Any road surveyor duly elected under this act, and Penalty for rewho may have qualified as such, neglecting or refusing to per- to act. form the duties of his office, shall be subject to all the fines and penalties now provided by law for any township officer.

23. Upon the adoption of the provisions of this act by any Conflicting acts township, as provided herein, all laws or parts of laws in con- township which flict with this act, shall be, as to such township, void and of adopts this act. no effect.

24. This act may be amended or repealed by the legisla- Act may be ture at any time.


CHAPTER 104.-An ACT releasing a portion of the taxes

charged upon the lands of F. A. Donohower.

Passed March 3, 1870.

WHEREAS, By an act of the legislature, passed on the Preamble. fourth of March, eighteen hundred and sixty-eight, the boundary lines between the counties of Wayne and Logan were so changed as to put the farm known as the Lewis Brewer farm

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