while in their charge, and as fast as completed, such roads must be turned over to the county commissioners, and must then be kept in repair as stated in the first part of this chapter. 4795, 4796, 4827.

Road may be made toll road, how and why-When two consecutive miles or more cf any free turnpike road is made in good order for travel or transportation, and the taxes applicable thereto and the two days' labor will not keep the same in repair, the county commissioners may, in the manner prescribed by law, but not necessary to be de. scribed here, place toll-gates on such road, and so much toll may be collected as, when added to the common tax of the grand levy and the two days' work, will keep the road in good repair. 4801.

Who to build bridges, culverts, etc.-When the county commissioners believe the public requires it, they must build any or all bridges and culverts on such roads. 4800

CHAPTER XXI.

SUPERVISOR OF ROADS.

SECTION 1. ELECTION, BOND, OATH, AND TERM OF OF

FICE OF.

Road districts.-It is the duty of the trustees, on the first Monday of March, annually, to divide their townships into road districts, or to make such alterations in the existing division as they may deem proper. They should cause the clerk to enter a brief description of the respective districts on the township records.' 1457.

Election of supervisor.-A supervisor for cach road dis trict is to be elected at the election held on the first Monday of April of each year, at the same time and place and in the same manner that other township officers are elected; and no elector may vote for more than one supervisor, nor can such elector vote for any other candidate for supervisor than one residing in the same district with himself. If it appears to the satisfaction of the trustees that any person has voted for any person or persons for the office of supervisor other than for the district in which the voter resides, the same is to be deemed void so far as that office is concerned. If more votes are cast for any person

1A supervisor of roads is an officer, within the meaning of section 20 (now sec. 6908), which provides as follows: "That if any person shall abuse any judge or justice of the peace, abuse or resist any sheriff, constable, or other officer, in the execution of his office, the person so offending," etc. Woodworth v. State,

26 Ohio St. 196.

To constitute the offiense of resisting an officer, under the above section, it is not necessary that the officer should be assaulted, beaten, or abused. Ibid.

The boys' industrial school in Fairfield county is a special road district and the superintendent of the school has the pow ers of a supervisor. 83 Laws, 8.

as supervisor than there are resident electors in that road district, the trustees must declare the election void, and fill the vacancy as in other cases. 1456.

Penalty for refusing to serve; how collected.-A person elected or appointed supervisor, who neglects or refuses to serve, must forfeit and pay to and for the use of his township the sum of two dollars, to be recovered by an action before a justice of the peace of said township; and the township clerk must, in the name of said township, collect said money, by suit, if necessary, and pay it over, when collected, to the township treasurer. 1449.

Need only serve one year at a time.-No person can be compelled to serve as supervisor two years in succession. 1419.

Vacancy, how filled.-In case of a vacancy in the office of supervisor, it is the duty of the trustees to appoint some suitable person having the qualifications of an elector to fill the same; and the person so appointed must take the same oath, give the same bond, and is liable to the same penalty as though he had been elected. 4741, 1451.

Oath and bond.-Each person chosen or appointed to an office under the constitution or laws of this state, must take an oath of office. The township clerk must, within

1 A person refusing to serve as supervisor, after being elected or appointed, is liable to a fine of two dollars. But he can not be compelled to accept any other township office at the same time he holds the office of supervisor. Hartford v. Bennett, 10 Ohio St. 441.

When a citizen is elected to the office of constable, but refuses to serve, and an action is brought against him for the statutory penalty provided for such refusal, and his answer sets up that, at the same election, he was elected to the office of supervisor, and that he accepted the latter office, and qualified and entered upon the discharge of its duties, such answer, on demurrer thereto, discloses a sufficient defense to the action. A citizen will not, in such case, be compelled to accept both offices. Ibid. 2 The constitution of Ohio also requires such an oath (Art. XV., sec. 7).

ten days after the election or appointment of the supervisor, notify him thereof, by the constable, in the manner required by law, and require him to appear before such clerk or other officer authorized by law to administer oaths, and take the required oath of office, and give bond, within ten days after such election or appointment. 1453.

This oath should be taken before the clerk, as it must be recorded by him, no matter who administers it. If administered by some other officer, the law imposes upon such officer the duty of making a certificate of the oath to such clerk, who must then record the oath. (2,5, 1453-4.) But this is more troublesome, is liable to be more expensive, and to be in part neglected, if not done before the clerk himself. A supervisor's oath is in substance as follows:

No. 106. FORM OF SUPERVISOR'S OATH.

The State of Ohio,
Before me,

clerk of said township, personally came who, being duly sworn according to law says that he will support the constitution of the United States and the constitution of the State of Ohio; and that he will faithfully discharge his duties as supervisor of road district No. county, Ohio, during his continuance in said office, and until his successor is chosen and qualified.

of

township,

Sworn to before me, and signed in my presence, on this day of

18.

Township Clerk.

The failure of the clerk to take the oath does not affect the liability of his suretics.

Before entering upon the discharge of his duties, each supervisor of roads must give bond, with sureties approved by the trustees, in such sum as they determine, payable to them, and conditioned for the faithful performance of his

duties, which bond must be deposited with the clerk; and if he fails to take the oath and give the bond required, within ten days after receiving notice of his election or appointment, he must be deemed to have declined to accept, and the vacancy must be filled as in other cases. 1415. Form of bond. The following is the form of a supervisor's bond:

No. 107. FORM OF SUPERVISOR'S BOND. Know all men by these presents: That we, principal, and

ав

and. as sureties, are held and firmly bound unto the trustees of township, in the county of and State of Ohio, in the sum of dollars, to be paid to the said trustees of the township aforesaid, for the payment whereof well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, and administrators firmly by these presents. Sealed with our seals, and signed by us, this

day

The condition of the above obligation is such, that whereas the said has been duly elected and qualified

as supervisor of road district No.

of township, county, and State of Ohio, for the term of one year from the day of April, A. d. 18 and until his successor is elected, or appointed, and qualified.

Now, if the said

shall faithfully perform his duties

it will be and remain in full force and effect.

as said officer, then this obligation will be void; otherwise

[SEAL.]

[SEAL.]

[SEAL.]

The sureties on the above bond approved by us:

Trustees of said Toonship.