LAWS RELATING TO AGRICULTURE. 247 



SEC. 4917. [Publication against non-residents.] If any one of 



the defendants is a non-resident of the state, and this fact is made to 

 appear by affidavit on the filing of the petition, the court shall order no- 

 tice to be given by the petitioners to such non-resident, by publication 

 for three consecutive weeks, in some newspaper printed and of general 

 circulation in the county, stating the time when such petition will be for 

 hearing, and 'the object and prayer thereof, which publication shall be 

 deemed sufficient service. 



SEC. 4918. [Abandoned toll road to become free road.] When 

 a toll road, or part thereof, has been heretofore or shall be hereafter 

 declared abandoned and vacated as aforesaid, it shall thereafter become 

 a free road, to be kept in repair as provided in chapter ten. 



SEC. 4919. [Tax to repair damaged highways.] When any one 

 or more of the principal highways of any county, or any part thereof, 

 have been destroyed or damaged by freshet, land-slide, wear or water- 

 courses [,] or any other casualty, or by reason of the large amount of 

 traffic thereon, or from neglect or inattention to the repair thereof have 

 become unfit for travel or cause difficulty, danger or delay to teams 

 passing thereon, and the commissioners of such county are satisfied that 

 the ordinary levies authorized by law for such purposes will be inadequate 

 to provide money necessary to repair such damages, or to remove ob- 

 structions from, or to make the changes or repairs in such road or 

 roads as are rendered necessary from the causes herein enumerated, said 

 commissioners may annually thereafter levy a tax at their June session 

 of any sum not exceeding five mills upon the dollar upon all taxable 

 property of the county, to be expended under their direction in such 

 manner as may seem to them most advantageous to the interest of the 

 county for the construction, re-construction or repair of such road or 

 roads or any part thereof. Provided, that this section shall not be so 

 construed as to authorize the commissioners to refuse to make a levy 

 for a road fund under the provisions of section 2824 of the Revised 

 Statutes ; and provided further, that in any county, when the valuation 

 of the taxable property shall not exceed ten millions of dollars, if the 

 commissioners shall fail in any year to make a levy of at least one mill 

 upon each dollar of taxable property within that county, to be used 

 and expended as a road fund as authorized by law under said section 

 2824, one-half of all taxes charged for road purposes under the pro- 

 visions of this section (4919) for said year on the property within the 

 limits of any municipal corporation in said county, and collected by the 

 county treasurer, shall be paid over to the corporation treasurer, to be 

 specially appropriated by the council thereof to street and road purposes 

 as is provided by law. 



SEC. 49190. [Provisions of preceding section inapplicable to Van 

 Wert, Defiance and Paulding counties.] The provisions of section 

 forty-nine hundred and nineteen (4919) of the Revised Statutes of Ohio 

 shall not apply to any county of this state, which at the last federal 

 census had or 'which at any subsequent federal census may have a pop- 

 ulation of not less than twenty-nine thousand and fifty (29,050) and not 

 exceeding twenty-nine thousand and eight hundred (29,800), nor in any 

 county which at' such last federal census had or which at any subsequent 

 census may have a population of not less than twenty-five thousand seven 

 hundred (25,700) nor more than twenty-six thousand (26.000), and the 

 property included within the limits of any such county shall not be 

 subject'to such levy as is provided for in said section 4919. 



