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shall specify the amount of tax so paid in labor, and the district and township wherein such labor was performed; also, that said work was done between the first day of April and the first day of October: which certificate shall in no case be available for any greater sum than shall be charged against such person in the district where such labor was performed; and the treasurer shall receive all such certificates as money, in the discharge of such road tax.

Sec. 13. That the supervisors of highways of the several Supervisors to districts, shall give three days' notice to the persons residing in give notice to per the district, charged with the road tax mentioned in the prewith road tax ceding section, and of the time and place they will attend, and direct the work to be performed as aforesaid: and in case the whole of said tax due from residents within any district, shall not be paid in pursuance of the first notice as aforesaid, in consequence of absence from home, sickness or other inability, the supervisor shall appoint a time that he will again attend, and superintend the work due from such delinquents, and shall give notice as aforesaid to such delinquents.

Sec. 14. That any time during the year, when any public Supervisors at road shall be obstructed by the fall of timber, or any ofber all times to re cause, or any bridge shall be impaired, so that the passage of tions from roads, teams or travelers on said road or bridge shall be dangerous, and repair bridg and the supervisor in the district in which such obstruction or

move obstruc

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when ordered by supervisor

impaired bridge may exist, shall be notified of the same, it shall be his duty to cause such obstruction to be removed, or bridge repaired, forthwith; for which purpose he shall immediately order out such number of the inhabitants of his district as he may deem necessary to remove said obstructions, or repair said bridge.

Sec. 15. That each and every person or persons who shall, afPenalty for refus ter having one day's notice, refuse or neglect to attend with proper ing to attend, &c implements wherewith to labor, at the time and place appointed by the supervisor, or having attended, shall refuse to obey the directions of the supervisor, or shall spend the time in idleness or inattention to the duty assigned him or them; every such delinquent or delinquents shall forfeit and pay the sum of one dollar for every such offence; to be recovered, paid over, accounted for, and appropriated, agreeably to the provisions of

for extra labor

this act.

Sec. 16. That in all cases where any person shall, under the Supervisor to direction of his supervisor, perform more labor on the public give certificate roads than may be due from him, the supervisor shall give such person a certificate, specifying the amount of extra labor so performed; which certificate shall be assignable, and received for the amount specified in such certificate, in discharge of any labor within the same road district, which may be due from the holder of such certificate, in any succeeding year, under the provisions of this act: Provided, That the two preecding sec. tions shall not be so construed as to authorize any supervisor

Its effect

Proviso

ship trustees on

March annually.

to order out or direct any person to perform more than two days' work in any one year, over and above the amount of labor due from such person, agreeably to the provisions of this act. Sec. 17. That the trustees of townships shall meet at the Supervisors te place of holding their annual township elections, on the first settle with town. Monday of March annually, at which time and place the seve- first Monday ral supervisors of the township shall attend, and each produce his lists and accounts, together with the township treasurer's receipt for all taxes, fioes, penalties and forfeitures by him collected; and the trustees are hereby authorized and required to adjust and settle all accounts so produced to them, and to allow such amount for delinquencies as they shall deem just and reasonable; and if, upon a fair and accurate settlement, there shall appear to be a balance due to any supervisor for his services under this act, the trustees shall give him an order on the township treasurer for the amount due: Provided, That the supervisor shall in all cases be held accountable for the full amount of labor due in his district, unless for good cause shown the trustees shall deem it just to remit the same.

supervisor

How recovered

Sec. 18. That each and every supervisor who shall neglect Penalty for ne or refuse to perform the several duties enjoined on him by this glect of duty by a t; or who shall, under any pretence whatever, give or sign any receipt or certificate, purporting to be a receipt or certifi cate for labor or work performed, or money paid, unless the labor shall have been performed, or tax paid, prior to the giving or signing such receipt or certificate: every supervisor so offending shall forfeit for every such offence, not less than five dollars, nor more than fifty dollars; to be recovered by indictment in the court of common pleas, or by action of dent before any justice of the peace within the township where such superVisor may reside: and it is hereby made the duty of the trustees of townships to prosecute all offences against the provisions of this section: Provided, That if any supervisor shall conceive himself aggrieved by the judgment of such justice of the peace, he mv. on giving suficient security to said justice for the payment of costs, appeal to the court of common pleas, who shall make such order thereon as to them shall appear just and reasonable: Provided further, That this section shall not be Provis construed to prevent any person from prosecuting any supervi sor for an offence against the provisions thereof.

Supervisor may appeal

Sec. 19. That it shall be the duty of the several courts of This act to be gi common pleas, to give this act in charge to the grand jury, at ven in sharge if each successive term of such courts.

This act to take effect and be in force from and after the first day of October next.

JAMES M. BELL,

Speaker of the House of Representatives.

SAMUEL R. MILLER,

grand jury

March 7, 1831.

Speaker of the Senate

ting, etc., list of

ble to action

AN ACT for the better security of toll and other bridges within this State.

Sec. 1. Be it enacted by the General Assembly of the State of Persons oblitera- Ohio, That if any person shall wilfully deface, obliterate or rates of toll, lia destroy the letters, figures or other characters, in any painted, written or printed list of the rates of tolls, or any other painted notice affixed or posted up in any place upon any toll bridge within this State, for the information of passengers and others; every person so offending shall forfeit and pay to the owner or owners of such toll bridge, where such injury was done, any sum not exceeding fifteen dollars, nor less than five dollars; to be recovered at the suit of the owner or owners of such toll bridge, before any justice of the peace in the township in which such offence may be committed.

Not to ride or

a walk

Sec. 2. That if any person shall ride or drive over any such drive faster than bridge faster than a walk; every person so offending, shall forfeit and pay to the owner or owners of such bridge, any sum not exceeding five nor less than one dollar; to be sued for and recovered as is provided in the first section of this act: Provi ded, That the owners of such bridge shall cause to be painted in large letters, and put up in a conspicuous place at each end of the bridge, a notice cautioning all persons against riding or driving on the bridge faster than a walk.

Forfeiture for driving over bridge greater

Sec. 3. That if any person shall drive over any such bridge, at one time, any drove of cattle or horses, in greater num» bers than the owner or owners of such bridge shall permit and number of cattle allow, such person or persons being warned by such owner or than allowed by owners of the number of cattle or horses permitted or allowed to be driven over such bridge at any one time; every person so offending shall forfeit and pay to the owner or owners of such bridge, any sum not exceeding twenty dollars; to be sued for and recovered as is provided by the first section of this act.

owner

Regulation of free bridges

Common law

remedies remain

Sec. 4. That such free bridges on all public roads, as in the opinion of the county commissioners in their respective counties throughout this State are of public utility, and demanding their attention, shall be provided for as in the second and third sections of this act; and the county commissioners are authorized and required to place up the like notice as is required in the second section of this act, and likewise the number of neat cattle and horses admitted to cross said bridge at any one time, under the same penalties as provided for in the aforesaid sections; to be sued for and recovered at the suit of the county commissioners, or their agent or agents, in an action of debt before any justice of the peace in the township in which said bridge or bridges are erected, and paid into the county treasury, to be applied to the repairing of said bridge.

Sec. 5. That nothing in this act contained shall be construed to take away from the owner or owners of such bridge, any action for damages which, without this act, they might have had against any person for any injury done to such bridge

Sec. 6. That the act for the better security of toll bridges Act repealett within this State, passed February fourth, eighteen hundred

and fifteen, be repealed.

This act shall take effect and be in force from and after the

first day of June next.

JOSEPH RICHARDSON,
Speaker of the House of Representatives.

ALLEN TRIMBLE,

February 11, 1824.

Speaker of the Senate.

AN ACT for the protection of the Ohio Canals,

the

towing path of

Sec. 1. Be it enacted by the General Assembly of the State of Penalty for trea Ohio, That every person who shall lead, drive or ride any passing on horse, ox or ass, mule or other animal, upon the towing path, the canal or the bank opposite to the towing path, of any canal, authorized by the laws of this State, except for the purpose of towing boats or other floating things upon the waters thereof, and except for the purpose of conveying articles to and from the said canals, in order to their transportation on the waters of the same, or their delivery at their place of destination; shall forfeit for every such offence, the sum of five dollars, and pay all damages consequent upon such offence, over and above the said forfeiture.

structing the na

Sec. 2. That if any boat or other floating thing, shall be so Penalty for obmoored in any of the canals as to obstruct the navigation there- vigation of the of; or if any person or persons shall obstruct the navigation of canal any of the said canals, by means of the loading, unloading, misplacing or otherwise misconducting any boat or other floating thing, and shall not immediately, upon being required thereto by any commissioner, engineer, superintendent or agent, employed on said canals, or by any person incommoded by such obstruction, remove the same; the boatman or person who caused said obstruction, shall forfeit for every such offence the sum of twenty-five dollars, over and above the expense of removing said obstruction.

ing timber,

obstructions on

Sec. 3. That if any person or persons shall obstruct the na- Penalty for sinkvigation of either of said canals, by sinking any vessel, timber, stone. etc., in the stone, earth or other thing or things, to the bottom of either of canal, or placing said canals, or by placing any obstruction on the towing path the towing path thereof, or on the bank opposite the towing path thereof; such thereof person or persons shall forfeit for every such offence the sum of twenty-five dollars, over and above the expense of removing said obstruction.

ring or destroy

Sec. 4. That if any person or persons shall wantonly or un- Penalty for inju necessarily open or shut, or cause to be opened or shut, any ing locks, gates. lock, gate, or any paddle or culvert gate thereof, or any waste etc., of the cana

State on mate

etc.

gate; or drive any nails, spikes, pins or wedges, into either of said gates; or take any other mode of preventing the perfect and free use of either of said gates; or shall wantonly or mali ciously break, throw down or destroy any bridge on either of the said canals; such person or persons shall, for every such offence, forfeit the sum of fifty dollars, and pay all damages consequent upon such offence, over and above the said forleiture.

Sec. 5. That all materials that shall have been procured by The lien of the any contractor for the construction of any part of said canals, rials for the ca of of any works therewith connected, shall, from the time they nal not to be af are prepared for transportation to the place where they are to fected by sales, be used, be subject to the lien of the State, for all moneys that may have been, or shall be, advanced by the State, during the performance of said contract, and for all damages that may be sustained in consequence of the non-performance thereof; and no sale by the said contractor, or under an execution, issued upon any judgment or decree, shall in any wise affect said lien.

verts, etc.

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See. 6. That if any person or persons shall wilully and Penalty for inju maliciously break, throw down or destroy any lock, bank, ring banks, culwaste-wear, dam, aqueduct or culvert belonging to any canal, authorized by the laws of this State; such person or persons shall, for every such offence, be deemed guilty of a misdemeanor: and on conviction thereof before the court of common pleas of the proper county, be sentenced to imprisonment in the penitentiary at hard labor, for any time not less than threes · nor more than seven years, at the discretion of the court; and shall, moreover, be liable to pay all damages sustained in consequence of such offence.

Penalty for

taking water out of canal without permission in writing

Proceedings

Sec. 7. That no person shall construct any wharf, basin or watering place on, or make or apply any device whatever, for the purpose of taking water from either of the said canals, without first obtaining permission therefor of one of the acting commissioners, or of the principal engineer of the canal, where such wharf, basin, watering place or device, as aforesaid, is desired, in writing: and if any person shall offend against this section, by attempting to make any such construction, or apply such device without such permission; or shall not conform to the directions of the acting commissioner or engineer, who may give such permission, in respect to the location and size of such wharf, basin, watering place or device as aforesaid; such person shall, for every such offence, forfeit the sum of twenty-five dollars: and the said acting commissioner or engineer shall be authorized, at the expense of the person thus attempting, to remove and destroy every such wharf, basin, watering place or device as aforesaid.

Sec. 8. That in all cases in which it shall be deemed necessary by the principal engineer, or acting canal commissioner, when a road is in laying out the line of any canal authorized by the laws of ocenpied by the this State, or any work connected therewith, to discontinue and

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