Admission to the infirmary.-If it appear that the alleged pauper has a legal settlement in the township, or has no such settlement in this state, or that such settlement is unknown, and the director is satisfied that the person requires public relief, he must forthwith furnish transportation for the pauper to the infirmary, and receive and provide for him therein. 974.1

Expenses of removal and relief.-The directors are to certify the correctness of the bill of the trustees for costs and charges incurred by them in affording relief to such pauper and removing the same, which bill is to be paid on the warrant of the county auditor, if the statement of facts is transmitted to the superintendent within five days after they came to the knowledge of the trustees. 974.1

Temporary relief.-If the directors are of opinion that removal is inexpedient, or that the pauper requires temporary relief only, they may indorse the fact upon the warrant, and direct the trustees to keep and afford the pauper such relief, and in such manner and upon such reasonable terms as they may prescribe, until removal becomes expedient or the necessity for relief ceases, and the trustees are required to notify the directors when the pauper can be safely removed or when the necessity for relief ceases. The directors must certify the correctness of the items of the bill of the trustees incurred in affording relief to the pauper after complaint made, which bill is to be paid on the warrant of the county auditor, and the failure of the trustees to transmit the statement above mentioned to the directors within ten days, will render the township liable for the relief furnished. 975.

1As amended, 80 Laws, 108; and 83 Laws, 202.

2 Where money is expended by the trustees of a township, in a county having an infirmary, for the support, as a pauper, of a wife abandoned by her husband, the money may be recovered from him, in a suit by the trustees, although the wife was not removed to the infirmary. Springfield Tp. v. Demott, 13 Ohio,

Accounts of expenses.-The trustees must keep a fair and accurate account of all expenses incurred in support of the poor, and make entries in a book of the names of paupers, and the time when each became chargeable, together with an account of their own service rendered. 1497.

Settlement of accounts.—Such accounts are to be adjusted and settled on the first Monday of March and September, annually, and the township clerk must record them in the township record, and issue an order on the township treasury for the amount thus paid and the services rendered as soon as the same have been paid or the services have been rendered; and the trustees are to issue orders on the treas ury for any and all such demands as may arise in relieving the poor as soon as they accrue. 1497.

Vouchers must be furnished-No account for the support of the poor can be audited or allowed to the trustees, or any other person, unless it is accompanied by the proper voucher, is sworn to by the claimant or his agent, and duly certified by the trustees. 1498.

Clerk's annual report.—Immediately after the September settlement, the township clerk is required to make and file with the county auditor a report of the administration of the poor laws in the township for the year preceding that settlement, showing all expenditures in that behalf, as follows: First, the aggregate of physician's fees paid; second, the aggregate paid for supplies, food, clothing, etc.; and, third, aggregate of per diem and expenses of trustees in connection with the poor laws. 1497.

Penalty for removal of pauper from one part of state to another.—Any person who transports, removes, or brings, or causes to be transported, removed, or brought, any poor or indigent person into any township in this state, without lawful authority, and there leaves such pauper, with intent to make the township chargeable with his or her support, becomes liable to a penalty of fifty dollars for each offense, to be recovered in a civil action, in the name of the State

of Ohio, before any court of competent jurisdiction, for the use of the poor of the township.1 985.

Trustees to make list of indigent soldiers, etc.-It is the duty of the towhship trustees, on the first Monday of May in each year, to make a list of the names of all the resident indigent Union soldiers, sailors, and marines, or the indigent wives, widows, or minor children of the same, requiring aid and entitled to relief, and place such list in the hands of one of their number, whose duty it is to meet with the county soldiers' relief commission, at the office of the county commissioners, on the last Monday in May in each year, and at such other times as may be necessary, to aid the commission in determining the probable amount necessary for the aid and relief of the indigent persons aforesaid for the ensuing year, or for the relief of any such persons living in the county, whose names may not be found on the list, but whose right to relief has been established to the satisfaction of the commission. After determining the probable amount necessary for the purpose, the commission must certify the same to the county commissioners, whose duty it is to make the levy necessary for the purpose, not exceeding three-tenths of a mill.2

Determination of amounts to be paid.-The soldiers' relief commission, together with a trustee from each township and a councilman from each ward, selected as aforesaid, are required to meet at the office of the county commissioners on the first Monday of December in each year, and at such other times as may be necessary, and carefully examine the list of those reported as requiring aid, and to fix the amount per month to be paid to each person or family whom they are satisfied require the same.2

List to be transmitted to auditor and township clerk.-When the list of those requiring relief is completed, the commission must certify it to the county auditor, whose duty it is to transmit to the clerk of each township, within ten days, a list of the names of the persons in that township to whom relief has been awarded and the amount thereof.2

Relief to be paid to township treasurer and by him disbursed.-On the first day of each month after the fund is ready for distribution, the amount awarded each township is required to be paid over to the treasurer thereof upon the warrant of the auditor, and the township treasurer is required to disburse the same upon the order of the township clerk to the persons named in the list furnished him by the auditor-taking receipts therefor. But when the commission is satisfied that any person entitled to relief will not properly expend the same, it may appoint a suitable person to draw out and expend the amount in such manner as the commission may direct; and it may at any meeting decrease or discontinue the amount previously awarded.2

177 Ohio Laws, 39.

283 Ohio Laws, 232; and 84 Laws, 38 and 100.

CHAPTER XX.

ROADS.

SECTION 1. ESTABLISHMENT AND MAINTENANCE OF TOWNSHIP ROADS.

Where township roads may be laid out.-A township road may be laid out from the plantation or dwelling-place of any person or persons, or from any mill or house of public worship, or to any cemetery or burial ground or schocl-house, or to any public road, or from one public road to intersect another, or from any tract of wild or timber land, or from a railroad station to a township, county, or state road, or sawmill.1 4672.2

Width of. Such a road must be not less than sixteen nor more than sixty feet wide. 4671.

Petition and notice thereof. --Any person or board of education desiring a township road so laid out, for the convenience of petitioner and neighbors, may petition the trustees of the

1 The statutes authorizing the establishment of township roads are not unconstitutional, for the reason that such roads are as free to public travel as any other roads in the state. Shaver v. Starrett, 4 Ohio St. 494.

The act of January 27, 1863 (S. & C. 1289), entitled "an act for opening and regulating roads and highways," as amended April 8, 1856 (S. & C. 1301), is not repugnant to the provisions of the constitution relating to trial by jury, as contained in sections 5 and 19 of article 1. The right of appeal, therein provided for, to the probate court, where a constitutional jury may be had, validates the statute; and the provision for an appeal bond, with sureties, conditioned for the payment of costs adjudged against the appellant, does not contravene the right of trial by jury, as guarantied by the constitution. Reckner v. Warner, 22 Ohio St. 275.

'As amended, 83 Laws, 44.

township in which the road is to be laid out. But he, or it, must first give thirty days' notice of such petition, by advertisement posted up at three public places in the township, setting forth in such advertisement the time when the petition is to be presented, the place of beginning, intermediate points, if any, and place of termination of the proposed road.1 4672.2

No. 85. FORM OF NOTICE OF PETITION.

Notice is hereby given that a petition will be presented to the trustees of township, in

meeting to be held at

county, at their day of

18 praying for the establishment of a township road along the following route, viz.: beginning at

run

The description in the notice should be the same as in the petition.

Froof of notice.-It must be shown to the satisfaction of the trustees that the requisite notice has been given before any steps can be taken by them. 4673.

This can best be done by affidavit, as follows:

1 It is essential to the valid establishment of a township road, that the record should show either that the notice of the application was duly given, or that the trustees, before ordering the view, were satisfied that such notice had been given-the notice being a step which is essential and precedent to the exercise of the power. Ferris v. Bramble, 5 Ohio St. 109.

2As amended, 83 Laws, 44.