line, the trustees of the adjoining townships have concur. rent jurisdiction, and the trustees of either township may be summoned by either party; and either party may call also the trustees of the other township, in which case they are required to act jointly, but the record is to be made in both townships. 4245.

Trustees liable to penalty for non-performance of duty.A trustee who refuses or neglects to perform any of the duties enjoined on him by the act, is liable in a penalty of not less than five nor more than fifty dollars, to be recovered by civil action in the name of the state; and the amount recovered is required to be paid into the township treasury for township purposes.

Re-assignment of parts of fence, when and how to be had. -At any time after the expiration of a year from the date of assignment, any party interested may apply to the trustees for a re-examination and re-assignment, and the proceedings throughout are to be the same, and have the same force and effect, as in case of an original assignment. 4244.

Removal of fence.-Either party wishing to vacate his part of an inclosure, or make a lane or passage between adjoining inclosures, is at liberty to remove his part of the erected on, who owns the adjoining inclosures-p. 9). Robb v Brachmann, 24 Ohio St. 3.

The plaintiff in such action is not precluded from recovering, by the fact that the fence is a better or more expensive one than would have satisfied the requirements of the statute. (But it is the duty of the appraisers to deal with it as a fence, and to determine, not what the materials are worth for any other purpose, and not necessarily what the materials and labor cost, but what, in the condition in which they find it, is its value as a fence—p. 11.) Ibid.

Nor does the fact that the fence does not conform to the boundary line between the lands of the respective parties necessarily constitute a defense to such action. It is sufficient upon this point if it was constructed and maintained as and for such the partition fence on giving six months' notice, in writ ing, to the party owning or occupying the adjoining in

fence on giving six months notice in writing to the party owning or occupying the adjoining inclosure, or to his agent, if such party is not a resident of the county, but this provision does not apply to outlets from farms into the highway, not more than two rods wide, the fences of which must be kept up by the parties. 4241.

Along road, how protected.-It is lawful for any person or persons to set or plant any hedge or live fence precisely on the line of any road or public highway, and also to place on the margin of such road a protection fence, not to occupy more than six feet of the margin or edge of such road, and supervisors and all other persons are required to permit such protection fence to remain there for seven years. The trustees of the township may grant permission, in writing, to the owner to continue such protection fence, any length of time which they may deem necessary.1 4252.

Size of hedge restricted.-The owner of any hedge-fence on a partition line, or along a public highway, is prohib ited from permitting the hedge to remain of a greater height or width than six feet, for a longer period than six months, or the cutting from the same on the public highway for a greater length of time than ten days. 4253.

Penalties for violating foregoing provisions.-A person who violates the provisions of the foregoing section becomes liable to the person damaged in a sum not exceeding twenty cents per rod of the hedge; and if the same be along a public highway is liable to the trustecs of the township in a sum not exceeding fifteen cents per rod of such hedge-fence, but before judgment is rendered it must appear by affidavit that

line fence, and was recognized and acquiesced in as such by the defendant. Ibid.

Where a growing hedge, standing within the bounds of a highway, but leaving ample room for the public travel, which was not thereby incommoded or annoyed, was cut down by an individual not acting under official authority: Held, that the hedge was not such a nuisance as would justify any person in abating it, and that the owner of the fee might maintain an ac tion for his damages sustained thereby. Phifer v. Cox, 21 Ohio St. 248.

the party complained against has had at least twenty days' notice before the beginning of the suit, from the party complaining, that such hedge is unlawful, and that unless cut to a proper height within twenty days, suit will be commenced for such violation. 4254.

You are hereby notified that your hedge-fence along the road is unlawful as to height and width, and that unless the same is cut down to the lawful height and width of not more than six feet within twenty days from date hereof suit will be commenced against you for such violation of the law.

Supervisor of Road District No.

Township.

Where and by whom action is to be brought.-All actions under the foregoing sections are required to be brought upon complaint of the person damaged, before a justice of the peace of the township in which the hedge is situated, or if the hedge be along a public highway the complaint is to be made by the supervisor of the road in whose district the hedge is situate. 4255.

It is the duty of owners of land adjacent to any partition fence when the land is improved on both sides to keep the brush, briers, thistles, and noxious weeds cut, in the corners and along the line of the same. 82 Laws, 181.

If the owner fails to keep the same cut, the owner of any land. abutting on the fence may give him notice so to do, and if he fails to cut them within thirty days after such notice, may notify the township trustees, whose duty it then becomes to forthwith inspect the premises, and if they become satisfied there is just cause of complaint, may cause the weeds, etc., to be cut, either by letting the work to the lowest bidder or by private contract. 82 Laws, 181.

When the work is completed to their satisfaction the trustees may certify the expense thereof to the county auditor with a correct description of the lands, and the auditor must assess the amount on the duplicate against the lands to be collected as taxes, and when collected to be paid over to the township treasurer. 82 Laws, 181.

The trustees may anticipate the collection of the cost of said work, and draw their order on the treasurer for the amount, payable out of any township funds in his hands, and are entitled to one dollar each per day for services in this respect. 82 Laws, 181.

CHAPTER XI.

GASLIGHT AND WATER COMPANIES.

May be incorporated.-Gaslight and water companies, for the purpose of supplying gas for lighting the streets and public and private buildings of any township, or for the purpose of supplying the inhabitants of any township with water, may be incorporated under the general laws of this state, in the manner pointed out by the statute. 3550.

Powers of such companies.-The companies so incorporated have the power to manufacture and sell gas, and to supply water, in such quantities as may be necessary, and with the consent of the trustees, and under such reasonable regulations as they may prescribe, may, with the consent of the township trustees, lay conductors for conducting gas or water through the streets, lands, lanes, alleys, or squares of the township. 3550.

Trustees may contract for gas or water.The trustees of any township in which any such gaslight or water company may be organized, are authorized to contract with such corporation for a supply of light or water for the streets, lands, lanes, squares, and public places of the township. 3551.

CHAPTER XII.

INFANTS.

May be committed to house of refuge.-Infants under sixteen years of age, who are destitute of a suitable home and of adequate means of obtaining an honest living, or who are in danger of being brought up to lead an idle and immoral life, may be committed to the guardianship of the directors of a house of refuge, by the trustees of any town

ship within the county in which such house may be situated. 2050.

Statement to be furnished when commitment is executed.— When infants are so committed, the person executing the commitment must furnish to the directors of the house of refuge a true statement, in writing, of the age of such infant, and the reason for the commitment, and until it is furnished, the directors may decline to receive the infant. 2059.

Record of commitment.—Unless it be demanded by the infant, his parents, or guardian, no record of such commitment is to be made other than that such infant (naming him), who, on the day therein named, was of the age of

years, having been brought before the trustees, and it having been ascertained that he was a suitable person to be committed to the discipline and instruction of the house of refuge, under the guardianship of the directors thereof, such infant was so committed, and delivered to the charge of such directors. 2060.

Township to pay expenses of infant.—The expenses of maintaining infants so committed by the trustees, are to be paid by the township. 2071

Commitment of, to children's home.-Children under the custody of parent, guardian, or next friend, and who, by reason of neglect, abuse, or from the moral depravity, habitual drunkenness, incapacity or unwillingness of such custodian to exercise proper care or discipline over them, are being brought up to lead idle, vagrant, or criminal lives, may, if the trustees of the township in which they have a legal settlement, after a careful and impartial investigation of the condition and facts, as they exist, deem it manifestly requisite for the future welfare of such children, and for the benefit and protection of society, be committed to the guardianship of the trustees of a county or district cnildren's home. 945.

Commitment in counties having no children's home.—The trustees of townships in counties in which no children's