which we do hereby bind ourselves, our heirs, executors, and administrators. day of obligation is such, that, township, county, 18 enter their final The condition of the above whereas, the trustees of Ohio, did, on the decision, establishing a township road, on the petition of and others, along the following-described route (here describe the route.), and confirming the report of the viewers as to the assessment of damages on account of the location and establishment of said road; and whereas, the said have appealed from the said decision in respect to the assessment of damages, to the probate court of said county. and and shall pay all Now, therefore, if the said costs that may be adjudged against them in the probate court, or in any other court to which the proceedings may be removed by petition in error, then this obligation shall be void; otherwise, to remain in full force and effect. Proceedings in probate court.—The proceedings in the probate court involve the intervention of a jury, which must be duly summoned and impaneled, notice to non-res idents, if any are interested, etc. But as these are matters with which the township officers have nothing to do, and properly come under a treatise on probate practice, they need not be given here. Record, transcript papers, etc., returned to the township clerk. It is the duty of the probate judge to make a record of all proceedings in that court, including the reports and plats of viewers, reviewers, and surveyors; and forthwith, after the termination of proceedings upon appeal, to transmit to the township clerk a transcript of such record, together with all the original papers received by him from the clerk. 4707. Order by trustees on receipt of transcript.—The clerk, upon receipt of the transcript from the probate court, must lay it before the trustees, and it is their duty to make an order in conformity with the decision of the court. 4712. Fees. The fees prescribed for all persons, and officers rendering services in such appeal cases, are the same as are allowed by law for like services in other cases; and the persons appointed to show the premises to the jury are entitled to such compensation as the court may direct, to be taxed in the cost-bill. 4714. SECTION 3. ROAD FUNDS AND CONTRACTS.1 Funds for, how applied.-Money received from the county treasury for road purposes, must be appropriated to the building of bridges or repairing roads. The trustees, after giving public notice, must let by contract to the lowest bidder (if, in the opinion of the trustees, such bidder be competent to perform the work) such part or parts of any road within the township as may be expedient, equal to the amount of money to be appropriated; and when the labor has been performed according to the contract or conditions of the letting, the trustees must draw an order for the payment of the amount due for the same. 1459. Order distributing funds.-As soon as the fund is received, the trustees should make an order appropriating it to the proper roads and bridges. 1459. 1 See also section 3, next chapter. NO. 100. FORM OF ORDER OF APPROPRIATION. 18. Ordered that the moneys received from the county treasury, for road purposes, be appropriated and distributed as follows: And that said money be applied and expended by the supervisor of the proper districts. The public notice.-The notice of the letting of such work may be posted up in one or more public places in the township, or published in a newspaper of general circulation therein. It should state the work proposed to be sold, and the time when and place where the sale is to take place. No. 101. FORM OF NOTICE. Notice is hereby given that, on the 18, at the office of the clerk of day of township, in will be let to the lowest bidder the following work to wit, the construction of a bridge over creek, at the point road, according to specifi By order of the trustees of township. Clerk of Township. Contract for the work.-After a bid has been accepted, the better plan is to enter into a written agreement with the successful bidder, in form substantially as follows: No. 102. FORM OF CONTRACT. This memorandum of an agreement, this day entered into by and between the trustees of county, parties of the first part, and township, party of the day of second part, witnesseth, that said party of the second part does hereby agree and contract to construct a bridge over creek, at the point where it is crossed by the road, according to the specifications attached hereto and made a part of this contract. The whole to be completed in a good and workmanlike manner, of good, sound materials, on or before the And said parties of the first part agree to pay for said work upon its due completion, according to this, contract and the specifications, the sum of dollars. It is mutually agreed that no extra work or materials shall be charged for, unless the same is ordered in writing by the board of trustees. Witness our hands, this day of 18 18 SECTION 4. MISCELLANEOUS MATTERS RELATING TO ROADS. As to opening county roads.-The county commissioners, on hearing the report of the viwers who have been ap pointed to locate, etc., a county road, must have this report publicly read on two different days of the same session, and if no application be made to them for a review of the road, or any part thereof, or alteration, and they are satisfied that such road, or any part thereof, if the same be capable of division, will be of public utility, and the report of the viewers is favorable thereto, and no damages have been claimed or assessed, must, on the third day of the session, cause the report, survey and plat to be recorded; and from thenceforth the road shall be considered a public highway, and the commissioners must issue their orders to the trustees of the proper township, or townships, directing the road to be opened; but if the report of the viewers be against such proposed road, or alteration, or if in the opinion of the commissioners the same is unnecessary, nu further proceedings shall be had thereon. 4650. How county road to be opened.-When a county road is located and ordered to be opened, the trustees of each of the townships adjoining such road, must select one from each of their number, who must meet at some convenient place near the line of the same, the time and place to be appointed by the oldest township interested, previous to the time appointed by law for apportioning labor to their respective road districts, and must assign a sufficient num ber of persons to open such road and keep the same in repair, dividing the road in such manner that the persons so assigned may work under the orders of the supervisors in the township to which they belong; and the supervisors and persons so assigned shall be governed by the provisions herein contained. 4660. Penalties against viewers and surveyors.—If a person appointed by the county commissioners as a viewer, reviewer or surveyor of any county road, refuse or neglect to perform the duties required by law, without making satisfactory excuse for such refusal or neglect, he is liable to be fined in any sum not exceeding five dollars, to be recovered by action by any person suing for the same, before a justice of the peace within the township wherein the person so appointed, and refusing or neglecting, may reside; and the recovery must be paid without delay, by the justice of the peace or constable collecting the same, to the treasurer of the township, taking his receipt therefor; and the trustees must cause all such fines so paid into the township treasury, to be expended on roads and bridges within their townships. 4663. Alteration of county road when destroyed.-When any county road may be injured or destroyed by the washing of any lake, river, or creek, or by any washing or sliding of land occasioned by natural drainage, it is the duty of the trustees of the township in which the injury occurs, upon the petition of any six freeholders of the township, to call to their aid a competent surveyor, and proceed to examine the road as thus injured or destroyed; and if |