03 A2, Come a."a....fe-«-S^S. H mnivc agriculture OF THE tate Colledc of 8101 Cornell University Library HD 186.03A2 The farmers' handbook, containing laws o 3 1924 013 881 580 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924013881580 THE FARMERS' HANDBOOK CONTAINING LAWS OF OHIO V Relating to Agriculture AND OF USE AND INTEREST TO ALL COUNTRY RESIDENTS. COMPILED FROM THE LATEST EDITION OF THE Revised Statutes of Ohio and the Session Laws of 1904 BY THE SECRETARY OF AGRICULTURE. Springfield, Ohio: The Springfield Publishing Company, State Printers. 1904. EV. 0^ ^2. I\o|.L% 53> LAWS OF OHIO RELATING TO AGRICULTURE. Sec. 23a. [Official flag of the state of Ohio.] The flag of the state of Ohio shall be pennant shaped. It shall have three red and two white horizontal stripes ; the union of the flag shall be seventeen five-pointed stars, white, in a blue triangular field, the base of which shall be the staff end or vertical edge of the flag, and the apex of which shall be the center of the middle red stripe. The stars shall be grouped around a red disc superimposed upon a white circular "O." The design of the flag shall be acording to the following diagram: The proportional dimensions of the flag and of its various parts shall be according to the official design thereof on file in the office of the secretary of state. AN ACT Creating a fish and game commission, prescribing its duties and powers; to provide for the protection, preservation and propagation of fish and game in the state of Ohio and in and on the waters thereof and for the en- Torcement of the provisions of this act and to prescribe penalties for violations thereof. Sec. I. [Commissioners of fish and game; appointment, term, removals.] That the governor, by and with the advice and consent of the senate, shall appoint five commissioners of fish and game, of whom not more than three shall belong to any one political party, one commissioner to serve for one year, one for two years, one for 6 LAWS RELATING TO AGRICULTURE. three years, one for four years, and one for five years, and at the expi- ration of the term of office of each member of the commission his suc- cessor shall be appointed for five years, who shall severally hold their office for five years, any one of whom may be removed by the gover- nor at his pleasure ; provided that the commissioners of fish and game serving as such at the date of the passage of this act shall serve out their respective terms unless sooner removed by the governor. Sec. 2. [Bond and oath.] Each of the commissioners shall, be- fore entering upon the discharge of his duties, give a bond to the state, with surety to the satisfaction of the governor, in the sum of two thousand dollars, conditioned for the faithful performance of the duties of his office, which bond, with the approval of the governor and the oath of office indorsed thereon, shall be deposited with the secretary of state. Sec. 3. [No compensation, but all expenses to be paid them.] The commissioners shall serve without compensation, but they shall be entitled to be paid all their expenses while engaged in the dis- charge of their duties, which expenses shall be paid to them on their own certificates, severally. Sec. 4. [Powers and duties.] The commissioners of fish and game shall be, and are hereby vested with complete control and authority in all matters pertaining to the protection, preservation and propagation of song and insectivorous birds, game birds, game animals and fish within the state and in and upon the waters thereof. It shall be the duty of the commissioners to' enforce, bv proper legal action and proceeding, the laws of the state relating to the protection, preservation and propagation of song and insectivorous birds, game birds, game animals and fish, and to carry into effect all such measures in this behalf that they deem necessary so far as means are placed at their disposal for these purposes. Sec. 5. [Appointment of chief warden, deputy state wardens, and special wardens; term of office, etc.] The commissioners shall, at their annual meeting in January, or at such time as they deem pro- per, appoint a chief warden who shall hold his office for two years, unless sooner removed by the commissioners. They may also appoint such number of deputy state wardens as in their judgment are neces- sary. They may also appoint special wardens, when in their judg- ment they deem it necessary, who shall hold their office for such time as the commissioners may direct, and who shall possess the same powers and perform the same duties ns denuty state wardens, and thev may receive such comoensation for their services ns the com- missioners deem proper. The deputy state v;ardens shall hold their offices for two years unless sooner removed by the comm"ssioners. The chief warden, special wardens and deputy state wardens shall, before entering unon the discharee of their duties, each give a bond to the state of Ohio (the chief warden in the sum of two thousand dollars, the special wardens five hundred dollars, and the deputy state wardens in the sum of two hundred dollars), conditioned upon the LAWS RELATING TO AGRICULTURE. 7 faithful discharge of their respective duties, which bond shall be approved by and be deposited with the commissioners. The com- missioners may allow the chief warden a salary not to exceed fifteen hundred dollars per annum, and, in addition, his expenses (not ex- ceeding one thousand dollars) incurred in the discharge of his duties. The salary and expenses of the chief warden, and the salaries and expenses of the special wardens, shall be paid out of the fund appro- propriated for the use of the commissioners. In addition to any other compensation, each warden shall be entitled to any fees which he may earn, which fees shall be the same as are paid sheriflfs for sim- ilar services in criminal cases. The commissioners may also direct that any fines collected under prosecutions begun by any deputy state warden shall be paid to such warden by the officer before whom the prosecution is had, or by whom the fine is collected; and, in addition thereto, m^y pay them such further compensation, out of any moneys appropriated for such purposes, as they may deem proper. Sec. 6. [Powers and duties of said wardens.] It shall be the duty of the chief warden, special wardens, and deputy state wardens to enforce the provisions of this act, and within this state, all laws relating to the protection, preservation and propagation of birds, fish and game. The chief warden shall, under the direction of the com- missioners, visit all parts of the state and direct and assist the special wardens and deputy state wardens in the discharge of their duties. Each warden shall have full power to execute and serve all warrants and process of law issued for, in connection with, or growing out of the enforcement of any law relating to the protection, preservation or propagation of birds, fish and game, in the same manner and to a like extent, that any sheriff or constable may serve and execute such process ; they may arrest on sight and without a warrant, any person detected by them in the act of violating any such laws; they shall have the same right as sheriffs to require aid in executing any pro- cess, or in arresting without process any person found by them in the act of violating any of said laws; and they shall have authority to seize without process, any birds, fish or game then found in the possession of any such person, which is so in possession contrary to law, together with the guns, nets, seines, boats, traps, or other devices with which the same were taken or killed, or used in taking or killing, and forthwith convey such offender before a court or magistrate having jurisdiction of the offense, who shall, upon the filing by the warden of a proper complaint, proceed speedily to try and determine the truth of the charge. Such arrest may be made on Sunday, in which case the offender shall be taken before such court or magistrate who may require bond for his appearance at the time fixed for the hearing of the complaint, which complaint shall be heard as soon as practicable on a week day following the arrest. In case the offender fails to o-ive bond for his appearance (if any bond be required) the court may order him committed to the jail of the county, or to some other suitable place until the time set for the hearing of the complamt. Such prisoner or prisoners shall be received by the jailor or officer in charo-e of the place designated by the court or magistrate. It shall be^the duty of all sheriffs, deputy sheriffs, constables and other 8 LAWS RELATING TO AGRICULTURE. police officers, to enforce all laws relating to the protection and prop- agation of birds, fish and game, and in their enforcement they shall have the same powers as are conferred upon the warden, and they shall be entitled to like fees for similar services. Prosecution by the wardens, or other police officers for offenses not committed in their presence, shall be executed [instituted] only upon the approval o. the prosecuting attorney of the county in which the offense is com- mitted, or under the direction of the attorney-general; and for his services the prosecuting attorney shall receive twenty per cent, of all fines assessed and collected upon prosecutions conducted by him. Sec. 7. [Seizure of instruments used for unlawful catching of birds, fish or game.] Any gun, net, seine, boat, trap or other device whatever used in the unlawful taking, catching, or killing of birds, fish or game, is hereby declared to be a public nuisance and shall, upon lawful seizure by any warden or police officer, be deemed for- feited to the state ; and it shall be the duty of every warden or other police, officer^ to seize any such property and institute proceedings for its forfeiture, as provided in section eight of this act. When any such gun, net, seine, boat, trap or other device is seized and con- demned, as provided in the next succeeding section hereof, the cost of such proceeding shall be adjudged against the owner or the user thereof at the time of the seizure, if known, which judgment shall be the first lien upon his property, and against which lien no exemption can be claimed. When a seizure of any such property has been made no writ of replevin shall lie to take it from the custody of the officer seizing it, or from the custody or jurisdiction of the court before whom such proceeding is pending, but such property shall be held b}' such officer or court to await the final determination of such pro- ceeding ; and such proceeding shall in no wise affect or bar a criminal prosecution of the person so using "such property in violation of law. Sec. 8. [Proceedings for condemnation and forfeiture of said in- struments.] When any gun, net, seine, boat, trap or other device is seized as provided in section seven of this act, it shall be the duty of the warden or other officer seizing it, to safely keep such property in his possession, or under his control, and to institute, within three days, in the proper court of the county wherein such property is seized, proceedings for its condemnation and forfeiture. Such pro- ceedings shall be instituted by the filing of an affidavit, describing the property seized, setting out the unlawful use to which it was found put, giving the time and place of seizure, and setting out, if known, the name of the person owning, or using the same, at the time of seizure, and if such person be unknown, such fact shall be stated. The court before whom such affidavit is filed shall there- upon issue a summons setting out the facts alleged in the affidavit, and stating the time and place when the cause will be for hearing, a copy of which summons shall be served upon the owner, or person using the property at the time of [its] seizure (if he be known) per- sonally, or by leaving a copy thereof at his usual place of residence, or business, if in the county, at least three days before the hearing of the complaint. If such owner or user be unknown, or if he be a nonresident of the county, or cannot be found therein, a copy of LAWS RELATING TO AGRICULTURE. 9 the summons shall be posted up at a suitable place nearest the place of seizure, and copy mailed him (if his address be known) at least three days before the time set for the hearing of the complaint. The officer making such service shall make a return on the day set for the hearing, of the time and manner of making such service. The court may postpone the hearing upon a proper showing by either party, for such reasonable time as may be necessary. Upon the hear- ing, proceedings shall be had as provided in section nine of this act. If the court or jury shall find, by a preponderance of the evidence, that the property at the time of its seizure, was being used in violation of law, the court shall adjudge the property forfeited, and shall render judgment against the owner or user thereof, for the costs, and shall order the property turned over to the commissioners of fish and game, "to be by them sold at such time and place as they shall deem best, and the proceeds thereof covered into the state treasury as provided by law. But if the court or jury shall find that the property, at the time of its seizure, was not being used in violation of law, the court shall order the property released. A writ of error may be pros- ecuted by the officer or person filing the complaint, or by the owner or user of the property seized, to review the judgment and order of the court in forfeiting the property, or in ordering its release, to the court of common pleas, circuit court, and supreme court, in the same manner as writs of error are prosecuted in other civil causes. But if the owner or person so unlawfully using the property at the time of seizure shall be arrested and shall plead guilty, and shall confess that the property seized was, at the time of its seizure, being used by him in violation of law, in such case it shall not be necessary to institute a proceeding to forfeit the same, but the court before whom the offender has pleaded guilty, shall, in imposing sentence, further order and adjudge that the property so seized be forfeited to the state. Sec. 9. [Final jurisdiction.] Any justice of the peace, mayor, or police judge, within his county, shall have final jurisdiction in all prosecutions for the violation of any of the provisions of this actor of any law enacted for the protection, preservation, or the propagation -of birds, fish, or game, and shall have like jurisdiction in all pro- ceedings brought for the condemnation and forfeiture of any property used in the violation of any such law. If in any such prosecution, or condemnation proceeding, the defendant shall demand a trial by jury, the court before whom the prosecution or the proceeding is pending shall issue his venire to any warden or constable of the county, containing the names of sixteen electors of the township, city, or village, for which such court was chosen as such officer, to serve as jurors upon the hearing of such prosecution or proceeding, which officer shall promptly execute the same and make due return thereof to the court. If such venire be exhausted without obtaining the required number of jurors to fill the panel, the court may direct the warden, or the constable, to summon any of the bystanders, or to bring in other persons, to act as jurors. Provided, that if the defendant consent in writing (which shall be entered of record), he may be tried by a jury composed of six persons, iii which case the venire need not contain the names of more than ten electors Each 10 LAWS RELATING TO AGRICULTURE. party shall be entitled to two peremptory challenges, and to such other challenges of jurors for cause as are permitted in crimirial cases in the court of common pleas. In criminal prosecutions like pro- ceedings shall be had as in criminal cases in the court of common pleas; and in condemnation proceedings, like proceedings shall be had as in civil cases in) the court of common pleas. In all prosecu- tions and condemnation proceedings for the violation of any law enacted for the protection, preservation or the propagation of birds, fish, or game, no cost shall be required to be advanced, secured, or paid by, or bond or undertaking required of, any person whose duty- it is under the law, to prosecute such cases or proceedings. And if the defendant be acquitted, or if convicted and committed in default of payment of fine or costs, or if the property seized be released, the costs in such cases shall be certified under oath to the county auditor who, after correcting the same, if found incorrect, shall issue his warrant on the county treasurer in favor of the person or persons to whom such costs and fees are due, and for the amount due each person respectively. Sec. ID. [Prima facie evidence of guilt.] The finding of any gun, net, seine, boat, trap or other device set, maintained, or in use, in violation of any law relating to the protection, preservation or propagation of birds, fish or game, shall be prima facie evidence of the guilt of the person owning, using or making claim to the same ; and the finding of any birds, fish, or game, unlawfully in the possession of any person, shall be prima facie evidence of the guilt of such per- son. Wherever the word "person" is used in any law relating to the protection, preservation or propagation of birds, fish, or game, it shall be held to include "company," "partnership," "association," "corporation," or any "officer," "agent" or "employe" thereof; and wherever the word "warden" is used, it shall be held to include "chief warden," "special warden," "deputy state warden," or any other police officer charged with the duty of enforcing such laws. Whenever any affidavit shall be filed and warrant issued against any corporation for the violation of any of the provisions of this act or any law for the, protection, preservation or propagation^ of birds, fish or game, a summons shall be issued, directed to the sheriiif, constable or warden,' commanding said officer to notify the accused thereof, and returnable on or before the tenth day after its date; such summons, together with a copy of the warrant, shall be served and returned in the manner provided for the service of summons upon such corporations in civil actions ; the corporation on or before the return day of the summons, may appear by one of its officers or by counsel and answer the warrant by motion, demurrer or plea, and upon its failure to make such appearance and answer, a plea of "not guilty" shall be entered, and upon such appearance being made or plea entered, the corporation shall be deemed thenceforth continuously present in court until the case is finally disposed of. In every case of conviction, the cost of prosecution and of condemnation shall, in addition to the' fine imposed, or forfeiture declared, be adjudged against the person con- victed, or the owner or user of the property condemned. Whenever upon conviction, the person convicted fails to pay the fine and costs imposed upon him, or execution issued is ret^irned unsatisfied, he LAWS RELATING TO AGRICULTURE. " 11 shall be committed to the jail of the, county or to some workhouse and shall there be kept confined one day for each one dollar fine and costs adjudged against him, and he shall not be discharged or re- leased therefrom by any board or officer, except upon payment of the portion of the fines and costs remaining unserved, or upon the order of the commissioners of fish and game. All fines, penalties, and forfeitures arising from prosecutions, convictions, confiscations, or otherwise (unless otherwise directed by the commissioners of fish and game) shall be paid by the officer before whom the prosecution is had or by whom the fine is collected, to the president of the com- missioners of fish and game, and by him paid into the state treasury to the credit of the fund which is hereby appropriated for the use of the commissioners. Sec. II. [Examination and inspection of packages, boxes, recep- tacles, etc., search warrants.] Every warden, sheriff, deputy sheriff, constable, or other police officer, may inspect any package, parcel, box, coat or clothing, or other receptacle, in the possession of any person, which the said warden shall have good reason to believe contains birds, fish, or game killed, taken, or had in possession in violation of law; and to inspect any room, building, car, boat, or other place wherein birds, fish, or game are kept for sale, or which he has good reason to believe contains birds, fish or game, killed, taken, or had in possession in violation of law. If the person in whose cus- tody or possession such package, parcel, box, coat or clothing, or other receptacle may be, or the owner or person in charge of any such room, building, car, boat, or other place refuse to permit such inspec- tion, upon -demand made by the warden, the warden shall have the power after having made, or without making such demand, upon filing an affidavit in accordance with the provisions of section 7121 Revised Statutes before an officer having jurisdiction of the offense, and receiving a search warrant issued thereon, to forcibly open and in- spect any such package, parcel, box, coat or clothing, or other recep- tacle, or room, building, car, boat or other place, and if he shall find therein any birds, fish, or game, unlawfully in the possession of any person, he shall forthwith seize the same, and the same shall escheat to the state, and arrest the person in whose custody or possession the same is found. Sec. 12. [Catching, killing, injuring, or pursuing birds.] No person shall at any time, catch, kill, injure, pursue, or have in his pos- session either dead or alive, or purchase or expose for sale, transport or ship within or without the state any turtle or mourning dove, sparrow, nuthatch, warbler, flicker, vireo, wren, American robin, cat- bird, tanager, bobolink, blue jay, oriole, grosbeak or redbird, creeper, redstart, waxwing, woodpecker, humming bird, killdeer, swallow, bluebird, blackbird, meadow lark, bunting, starling,' red-wing, purple martin, brown thrasher, American goldfinch, chewink or ground robin, pewee or phoebe bird, chickadee, flycatcher, gnat catcher, mouse- hawk, whip-poor-will, snowbird, titmouse, gull, eagle, or buzzard, or any other wild bird other than a game bird, unless said bird was in captivity prior to May 6th, 1902. No part of the plumage, skin, or body of any bird protected by this section shall be sold or had in 12 LAWS RELATING TO AGRICULTURE. possession for sale except as permitted in section 12 [13] of this act. No person shall at any time disturb, or destroy the eggs, or nests, or young, of any of the birds named in this section. Provided, that nothing in this section shall prohibit the killing of the chicken hawk. Cooper hawk, blue hawk, sharp skinned hawk, crow, great horned owl, or English sparrow, or the destroying of their nests. Provided further, that nothing herein contained shall prohibit the owner or duly authorized agent only of any premises, from killing blackbirds at any time, except Sunday, when they are found to be a nuisance or are injuring grain or other property. Sec. 13. [Permits to take birds, nests and eggs for scientific pur- poses; how obtained; fee.] The provisions in section 12 of this act shall not apply to any person holding a permit giving, the right to take birds or their nests and eggs for scientific purposes, as herein provided. Permits may be granted by the president of the fish and game commission to any properly accredited person, permitting the holder thereof to collect birds, their nests and eggs for strictly scien- tific purposes and not for the purposes of sale. In order to obtain such permit the applicant for the same must present to said president of the fish and game commission written testimonials from two well- known scientific men or teachers of science, certifying to the good character and fitness of said applicant to be entrusted with such priv- ilege, and pay to said president five dollars to defray the necessary expense attending the granting of such permit, and must file with said president a properly executed bond in the sum of one hundred dollars, signed by at least two responsible citizens of the state as sureties. The bond shall be forfeited to the state and the permit become' void upon proof that the holder of such permit has killed any bird or taken the nests or eggs of any bird for any other purpose than that named in this section, and shall further be subject for each offense to the penalties provided in this act. The permits au- thorized by this act shall be in force for one year from the date of their issue and shall not be transferable. The moneys accruing from the granting of these permits shall be paid into the state treasury and shall be appropriated for the uses of the fish and game commis- sion. Sec. 14. [Manual for Arbor Day exercises to contain copy.] It shall be the duty of the state commissioner of common schools to issue annually a manual for Arbor Day exercises, as soon as possible after the governor has set apart a date for said day, as prescribed by the act of March 5, 1902, which manual, in addition to matters pertaining to forestry and the protection of birds, shall contain a copy of section 12 of this act. Said state commissioner of common schools and the commissioners of fish and game shall, annually transmit copies of said manual to the superintendent of city, village, special district and township schools and clerks of the boards of education, who shall cause the same to be distributed to the teachers of the schools under their charge. It shall be the duty of the teachers to cause to be read to the pupils of their respective schools, on the day fixed by the o-ov- ernor as Arbor Day, and also on such other days during^the year as may be convenient and proper, said section 12 of this act and to urge and encourage them to aid in the protection of the sono^ and insectivorous birds named in that section. '^ LAWS RELATING TO AGRICULTURE. !'■'> Sec. 15. [Catching, killing, injuring, pursuing game, destroying eggs, nests or young; hunting, shooting, trapping, etc.J No person shall, within this state, catch, kill, injure or pursue with such intent, any Virginia partridge or quail except from the fifteenth day of No- vember to the hfth day of December; or any woodcock or Carolina dove, except from the first day of September to the first day of Decem- ber; or any rail, shore bird, plover, snipe, wild duck, wild goose, wild swan, coot, or mud hen except from the first day of September to the first day of December, and the first day of March to the twentieth day of April. No person shall, at any time, catch, kill, injure or pursue any of the birds mentioned in this section by the aid or use of any trap, net or snare, or disturb or destroy any of the nests or eggs or young thereof; nor catch, kill, injure or pursue any wild duck or other water fowl named in this section by the aid or use of any gun except a common shoulder gun of not larger than ten gauge, or with the aid of or from any sink boat, sink box or sneak boat, or by the aid or use of any boat whatsoever except a common row boat propelled by oars. No person shall catch, kill, injure or pursue, any wild duck or other water fowl on Sunday or Monday of any week, nor catch, kill, injure or pursue, or shoot at any such water fowl, before sunrise or after sunset upon any day upon which day it shall be lawful to kill the same. No person shall hunt or shoot, or have in the open air for such purposes, any of the implements for hunting or shooting on any Sunday. No person shall kill in any one day more than eighteen Virginia partridge or quail, Carolina dove, woodcock, geese, rail, shore bird, plover or snipe, nor more than twenty-five duck. No person shall shoot at any Virginia partridge or quail or Carolina dove except when they are flying. The birds named in this section and in section 17 of this act, shall be known and be classed as game birds in contradistinction to all other birds. Nothing contained in this section or in section 17 of this act shall be held to prohibit the commissioners of fish and game, or their authorized agents or employes, from taking, at any time, the birds and eggs named for the purposes of propagation or the importation of the birds named in sections 15 and 17 of this act, by the com- missioners of fish and game, their authorized agents or employes, for the purpose of propagation. Sec. 16. [Catching, killing, injuring, or pursuing rabbits, when unlawful.] No person shall within this state, catch, kill, injure or pursue with such intent, any rabbit by the aid or use of any gun except from the fifteenth day of November to the fifth day of Decem- ber. Provided, however, that nothing in this section shall prohibit the killing of rabbits at any time, except on Sunday, in any manner, by the owner, manager or tenant of the premises, or by any bona fide employe of such owner, manager or tenant, where they may be found injuring grain, berries, fruit, vegetables, trees or shrubbery. It shall be unlawful to use any ferret in catching or hunting rabbits except by the land owner, lessee or any person they or either of 14 LAWS RELATING TO AGRICULTURE. them may permit when rabbits are destroying or injuring trees, shrubbery, grain, berries or fruit. No person shall, withm this state, kill, or pursue with such intent, any raccoon, except from the first day of September to the first day of March ; provided, that nothing in this section shall prohibit the killing of raccoons at any time (except on Sunday) in any manner, by the owner, manager or tenant of the premises, or by any bona fide employe of such owner, manager, or tenant, when such animals may be found injuring grain or catching domesticated fowls. No person shall catch, kill, injure or pursue with such intent any squirrel except from the first day of September to the fifteenth day of October, nor kill more than ten squirrel in any one day. No person shall buy, sell, expose for sale, offer for sale, or have in his possession any squirrel during the time when the killing thereof is made unlawful ; nor take, catch, kill, or pursue any squirrel for the purpose of sale within this state, or for the purpose of sale or shipment beyond the limits of this state, nor buy, sell, expose for sale, offer for sale or have in possession any squirrel which has been killed within this state for the purpose of sale, or in any manner prohibited. No person shall receive for transportation, or transport, or shall have in his possession with the intent to transport, or to secure the transportation, beyond the limits of this state, any squirrel which has been killed within this state. And each squirrel so killed, taken, had in possession, received for transportation, or transported, contrary to the provisions of this section, shall constitute a separate offense. The reception by any person within this state of any squirrel for shipment to a point without the state, shall be prima facie evidence that they were killed within this state for the purpose of conveying the same beyond its limits. But the provisions of this section shall not apply to a common carrier into whose possession any squirrel shall come in the regular course of their business, for transportation, while they are in transit through this state from any place without the state, where the killing of such animal may be lawful. Provided, that nothing herein shall prohibit persons from having in possession, rab- bits and squirrels, in enclosures for domestication or propagation, or the keeping of rabbits or squirrels as pets. Sec. 17. [Catching, killing, injuring or pursuing prairie chicken or pheasant.] No person shall catch, kill, injure, or pursue, any ruffed grouse, Mongolian pheasant, English pheasant, ring-neck pheasant, or other pheasant, before the tenth day of November, 1908, or after that date, except from the tenth day of November, to the' first day of December, nor at any time catch, kill, injure or pursue any of the birds named in this section by the aid or use of any trap, net or snare; nor at any time disturb or destroy the nests, or eggs' or young of any bird named herein. ' ' Sec. 18. [Unlawful to purchase, sell, expose or possess certain birds or game.] No person shall buy, sell, expose for sale, offer for sale or have in his possession, any of the birds, mentioned in sections 12' 15 and 17 of this act, during the time when the killing thereof is made unlawful; nor take, catch, kill, or pursue, any such birds for the purpose of sale within this state, or for the purpose of sale or shipment beyond the limits of this state, nor buy, sell expose for LAWS RELATING TO AGRICULTURE. 15 sale, offer for sale or have in possession, any such birds, which have been killed within this state for the purpose of sale, or in any manner prohibited. No person shall receive for transporta- tion, or shall transport or cause to be transported, or shall have in his possession with the intent to transport, or to secure the transpor- tation, beyond the limits of this state, of any of the birds, men- tioned or included in said sections 12, 15 and 17 of this act, which have been killed within this state; and each bird or fowl, so killed, taken, had in; possession, received for transportation, or transported, contrary to the provisions of this section, shall constitute a separate offense. The reception by any person within this state of any such Ijirds, game, or animals, for shipment to a point without the state, shall be prima facie evidence that they were killed within this state for the purpose of conveying the same beyond its limits. But the provisions of this section shall not apply to a common carrier into whose possession any of the birds mentioned in said sections 12, 15 a.^d 17, of this act shall come in the regular course of their business, for transportation, while they are in transit through this state from any place without the state, where the killing of such birds may be lawful. Provided, that nothing herein shall prohibit persons from having in possession, in enclosures, for the purpose of domestication or propagation, any of the birds mentioned in sections 15 and 17 of this act. Sec. 19. [Catching, killing, injuring or detaining carrier pigeon.] It shall be unlawful for any person not the owner, to in any manner, catch, kill, injure, or detain, any Antwerp or homing pigeon, com- monly called "carrier" pigeon, which, at the time of its capture or detention shall have stamped upon its wing or tail the name of its owner, or which shall have upon its legs a band bearing the name or initial of its owner, or its number, or any other mark upon it des- ignating it as a "carrier" pigeon. Sec. 20. [Hunting or trapping on lands, etc., of another without permission.] It shall be unlawful for any person to hunt, or trap upon the lands, ponds, lakes, or private waters of another (except waters claimed by the riparian rights of ownership of adjacent lands), or to thereon shoot, shoot at, catch, kill, injure, or pursue, any bird, wild fowl, or wild animal of any kind, without first obtaining the written permission from the owner, or his authorized agent. In all prosecution under this section, the complainant shall not be required to prove a legal title to the lands or waters upon which the defendant has so unlawfully hunted or trespassed, but it shall be sufficient if he prove that he is in the lawful possession or control thereof. Who- ever violates any provision of this section shall be fined not less than ten dollars nor more than fifteen dollars for a first offense, and not less than fifteen nor more than fifty dollars for any subsequent offense, and in default of payment of fine and costs, shall be imprisoned as provided in section 10 of this act. Sec. 21. [Transportation of birds, fish or game.] It shall be unlawful for any person within this state to deliver or to receive for transportation, any package, box, or other receptacle containing birds, fish, or game, unless the same shall be labeled on the address side, 16 LAWS RELATING TO A-GRICULTURE. in plain letters, with the name and address of the owner or consignor, and with the number and kin,d or kinds of birds, fish or game, whic-i the said package, box, or other receptacle contains, or to falsely label the same, or to deliver, or to receive for transportation, or to transport, any birds, fish, or game, which have been killed, taken, or are had in possession, in violation of law. Sec. 22. [Nonresidents of state required to secure hunter's license.] Any person who is a nonresident of the state of Ohio, and who desires to hunt im said state, shall make application for a hunter's license to the clerk of the courts of the county in which he desires to hunt ; and for such license he shall pay a fee of fifteen dollars ; and in addition thereto, the clerk of courts may charge the applicant a fee of twenty-five cents. Every such license shall expire on the first day of December next after its issue, .and shall entitle the person to whom it is issued to hunt within this state, at such times, and in such manner, as may be lawful, until the expiration of his license. The forms of license herein required shall be prepared by the commissioners of fish and game, and shall be in such forms as they may order, which license shall be issued by the clerk of the courts. The commissioners of fish and game shall furnish all licenses and other blanks required under the provisions of this section; which forms shall be approved by the attorney-general of Ohio. The commissioners of fish and game may revoke license of a nonresident upon satisfactory proof that such person has hunted in violation of law ; and no license shall be granted to a person whose license has been revoked for a period of one year thereafter. The clerk of courts shall keep a record of each license issued, and shall make a report to the commissioners of fish and game, during the month of December, in such form as they shall require of the number of licenses issued, and shall transmit, with such report, to the president of the commissioners of fish and game, the moneys received during the hunting season, which moneys shall be paid into the state treasury to the credit of a fund, which is hereby appropriated for the use of the commissioners of fish and game. Every such nonresi- dent person shall, when hunting, carry with him his license, and shall, upon demand, exhibit it to any warden or. police officer, and a refusal to so exhibit his license shall constitute an offense under this section. The record of licenses kept by the clerk of courts shall be open at all reasonable hours to the inspection of any person. Each day that any nonresident person shall hunt, within this state, without first having procured the license herein required, shall constitute a separate offense. The license granted hereunder shall entitle a non- resident to take with him from the state game and birds killed by him not [to] exceed fifty of all kinds. No person shall take or catch in any of the rivers, lakes, or ponds, or in any of the reservoirs of the state, any fish with what are known as trot lines, bob lines, set lines or float lines or by spearing, except in that part of streams bor- dering on or running through his own land. Sec. 23. ■ [Unlawful catching and killing of fish.] No person shall draw, set, place, locate or maintain, any pound net, trammel net fyke net, set net, seine, fish trap, or any other net or device for catch- LAWS RELATING TO AGRICULTURE. 17 ing fish in any of the waters, either natural or artificial, within this state, nor catch, or kill fish with any device whatever, in any sucli waters, except with hook and line, with bait or lure. No person shall take or catch in any of the rivers, lakes, or ponds, or in any of the reservoirs of the state, any fish with what are known as trot lines, bob lines, set lines or float lines, or by spearing, except in that part of streams bordering on or running through his own lands. No person shall in any of the waters of the state, natural or artificial (including Buckeye lake, Indian lake. Grand or Loramie res- ervoirs), take or catch in any manner any black bass between May first, and June first; provided, however, that in the bays connected with the waters of Lake Erie the closed season for fishing with hook and line, bait or lure for black bass, shall be between May 25th, and July 15th. No person shall in any of the waters of the state (including Buckeye lake, and Indian lake, Grand or Loramie res- ervoirs), while such waters are frozen over, covered with or partly covered with ice, catch any fish, in any manner, through any hole, cut in the ice, or through any fissure, crack, or break therein. No person shall buy, sell, ofifer or expose for sale, barter or give away, or have in his possession for the purpose of sale, any black bass that has been caught in any of the rivers, creeks, or reservoirs, of the state, or in Buckeye lake or Indian lake, or in the waters of any other state or country, nor buy, sell, ofifer for sale, or have in his possession^ any fish, caught in any such waters out of season or in a manner prohibited; nor catch, take, or have in possession, any bass less than ten inches in length (measurements to be made from end of nose to end of tail). Each bass so bought, sold, offered, 01 exposed for sale, bartered or given away, shall constitute a separate offense. No person shall catch, kill, offer for sale, sell, buy, or have in his possession, any brook trout, speckled trout, Von Behr or brown trout,landlocked salmon, or California salmon, except from the fifteenth day of April to the fifteenth day of September. No person shall catch, or pursue, any turtle by the aid or use of any seine, or net, except a single seine or net, the meshes of which are not less than four inches by four inches in dimensions. Provided, that nothing in this section shall prevent the taking of minnows for bait with a minnow seine not exceeding four feet in depth and ten feet m length ; nor prevent the commissioners of fish and game, or their authorized officers or agents, from taking fish at any time or place, or m any manner, for the purpose of stocking ponds, lakes, or rivers, or for the maintenance or propagation of fish in hatcheries, or for the exter- mination of carp in any waters; nor shall anything herein prevent the taking of fish im any manner in the ponds or lagoons formed by the receding waters of running streams when such ponds or lagoons no longer have any connection with the channels of such streams And nothing in this section shall apply to the waters of Lake Erie or shall apply to private artificial fish ponds or privately owned lakes Whoever violates any provisions of this section, or any pro- vision of sections 12, 13, iS. 16, 17, 18, 19. 21, and 22 of this act shall be fined not less than twenty-five dollars nor more than two hundred dollars and costs of prosecution, and in default of payment of fine and costs, shall be imprisoned as provided in section 10 of this act. 2— F. H. B. 18 LAWS RELATING TO AGRICULTURE. Sec. 24. [Trespassing upon lands bordering on fish ponds, etc., for purposes of catching fish.] Whoever shall trespass upon tne lands, or rights in lands, located within this state, belonging to any person, and lying in or bordering upon anv natural or artihcial pona or brook less than ten miles in length, into which have been intro- duced brook trout, speckled trout, brown trout, landlocked salmon, California salmon, or any other fish, by the means known as artiticial propagation, or by actual importation from other waters, for the purpose of fishing for, or catching, or killing fish, or shall in the waters of such pond or brook catch or kill fish; or whoever shall buy, receive, or have in his possession any fish caught contrary to the provisions of this section ; or whoever shall wilfully place any poison or other substance injurious to the health of fish, in any pond or brook, described in this section, for the purpose of capturiiig or harming any fish therein; or whoever shall wrongfully and wil- fully let the water out of any such pond or brook, with intent to take or injure any fish therein, shall, in each such case, be deemed guilty of a misdemeanor and shall, upon conviction, be fined not less than ten dollars nor more than one hundred dollars for a first offense, and for a subsequent offense, shall be fined not less than twenty- five dollars nor more than two hundred dollars, or be imprisoned not less than thirty days nor more than six months, or both. Prosecu- tions for a violation of any provision of this section shall be instituted only upon the complaint of the person or persons, or their agents, upon whose lands, or rights in lands, or waters, the trespass has been committed. Sec. 25. [Repeals.] That sections 405, 406, 407, 408, 409, 4090, 4096, 409c, 4ogd, 409^, 6960, 6960a, 6960&, 6961, 6963, 6964, 6965, 6966, 6966-1, 6966-2, 6967, 6967a, 6968, and 6968a, and all acts or parts of acts inconsistent or conflicting herewith, be and the same are hereby repealed. Passed April 25, 1904. Approved April 26, 1904. AGRICXTLTURAL EXPERIMENT STATION. Sec. 409-1. [Agricultural experiment station.] For the benefit of the interests of practical and scientific agriculture, and for the de- velopment of the vast agricultural resources of the state, an Ohio agricultural experiment station is established as hereinafter provided. Sec. 409-2. [Appointment of board of control by governor; term and qualifications of members; compensation.] The govern- ment of said experiment station shall be vested in a board of control, consisting of five members, not more than three of whom shall belong to the same political party, who shall be appointed by the governor by and with the advice and consent of the senate, and whose term of office shall be for five years, except that those first appointed under this act shall hold office for one, two, three, four and five years re- spectively, the terms to [be] fixed by the governor in their commis- LAWS RELATING TO AGRICULTURE. 19 ^u^^^'u ■^" ^^^^ ^ vacancy shall occur in the board an appointment shall be made by the governor for the unexpired term. The members ot the board of control shall be paid their necessary expenses while engaged m the discharge of their official duties, but they shall not receive cornpensation for their services. Sec. 409-3. [When board to be called together and how to be organized ; annual meeting.] On the passage of this act the governor shall appoint the board of control and shall at once call them together, when they shall organize by the election of a president, secretary and treasurer. The board shall hold an annual meeting in Columbus during the week beginning with the first Monday in March, and special meetings at other times and places upon a call of the presi- dent, or upon a written request of two members of the board. Three members of the board shall constitute a quorum for the transaction of business. Sec. 409-4. [Incorporation of board; powers; appointment of director; qualifications; annual report.] The board of control of said experiment station is hereby constituted a body corporate, with the power of suing and bfing sued, of contracting and being contracted with, and of making and using a common seal and altering the same at pleasure ; th^y shall have the power to receive and hold in trust, for the use and benefit of said station, any grant or devise of land, and any donation or bequest of money or personal property, to be applied to the general or special use of the station, as mav be directed by the donor; the board shall appoint a director at their meeting on the first Monday in March, 1902, who shall be a person of acknowl- edged ability and training in the principles and practice of sc-entific agriculture ; they shall adopt by-laws, rules and regulations for the government of [the] station ; they shall make an annual report of their experimeiffs and work to the governor of the state and the same shall be published annually in the Ohio agricultural report and five" thousand copies separate in pamphlet form for free distribuL'on, and the pamphlet copies to be [printed] and paid for, the same as other public printing; they shall fix the salaries and terms of office of all officers and employes of the station ; and they shall have power to remove at any time for cause, sustained by written charges, any officer or employe of the station. Sec, 409-5. [Powers and duties of director.] The director shall have control of the affairs of the station in all its departments, and shall be responsible to the board of control for the efficient manage- ment thereof; with the approval of the board of control he shall ap- point such chiefs of department, assistants and other employes as may be necessary for the proper management of the station, and shall assign them to their respective duties. The director shall have author- ity to suspend any, officer or employe of the station for cause, he at once to report the same, with reasons therefor, to the board of control for final action. 20 LAWS RELATING TO AGRICULTURE. Sec. 409-6, [Title of lands; how held.] The title of [all] lands for the use of said experiment station shall be made in fee simple to the state of Ohio, with covenants of seizing and warranty, and no title shall be taken to the state for purposes aforesaid until the attorney general -shall be satisfied that the same is free from all defects and incumbrances. The attorney general shall be the legal adviser of said board of control, and shall institute and prosecute all suits in be- half of the same. FOOD AND DAIRY COMMISSIONER. Sec. 409-7. [Ohio dairy and food commissioner; salary and ex- penses.] That there is hereby created the office of dairy and food commissioner of the state of Ohio. Said commissioner shall be elected at the general election held on the first Tuesday after the first Monday in November, A. D. one thousand eight hundred and ninety-six. He shall take his office on the first Tuesday following the fifteenth day of February next after his election, and shall serve for two years, and until his successor is elected and qualified. He shall be charged with the epforcement of all laws against fraud and adulteration or impurities in foods, drinks or drugs, and unlawful labeling in the state of Ohio. His salary shall be two thousand dollars ($2,000) per year, and his necessary and reasonable expense incurred in the discharge of his of- ficial duties, to be paid in monthly installments at the end of each cal- endar month. Sec. 409-8. [General duties of himself and his assistants.] It shall be the duty of said comissioner or assistant commissioner, to inspect any articles of butter, cheese, lard, syrup, or other article of food or drinks, made or ofifered for sale in the state of Ohio, as aa article of food or drink, and to prosecute or cause to be orosecuted, any person or persons, firm or firms, corporation or corporations, en- gaged in the manufacture or sale of any adulterated article or articles of food or drink, or adulterated in violation of, or contrary to any laws of the state of Ohio. Sec. 409-9. [Powers; prosecutions.] The said commissioner, or any assistant commissioner, shall have power in the performance of their duty, to enter into any creamery, factory, store, salesroom, drug store or laboratory, or place where they have reason to believe food or drink are made, prepared, sold or offered for sale, and to examine their books, and to open any cask, tub, jar, bottle or package, containing or- supposed to contain any article of food or drink, and examine or cause to be examined and analyzed the contents thereof, and it shall be the duty of any prosecuting attorney in any county of the state, when called upon by said commissioner or assistant commissioner, to ren- der him any legal assistance in his power, to execute the laws, and to assist in the prosecution of cases arising under provisions of this act. Sec. 409-10. [Assistant commissioners, experts, etc.; expenses; office, report, etc.] Said commissioner may appoint not to exceed two assistant commissioners, whose salaries shall be one thousand dol- LAWS RELATING TO AGRICULTURE. 21 lars per year, and necessary traveling expenses incurred in the dis- charge of their official duties, to be paid in like manner with the commissioner's and on itemized vouchers approved by said commis- sioner; the said commissioner shall have power to employ such ex- perts, chemists, agents, inspectors and counsel as may by him be deemed necesary tor the proper enforcement of the laws, their com- pensation to be fixed by the commissioner. All charges, accounts and expenses authorized by this act shall be paid out of the state treasury upon vouchers certified by the commissioner, and upon war- rant by the state auditor. The entire expense of said commissioner shall not exceed in one year the amount specifically appropriated for such purposes. All vacancies in the office of the food and dairy commissioner shall be hlled by appointment of the governor until the next general election, then the same shall be filled as in the original election. All fines, fees and costs assessed and collected under pros- ecutions begun, or caused to be begun, by the commissioner, and all fines, fees and costs heretofore assessed and collected under pros- ecution begun or caused to be begun by the commissioners, shall be paid by the court to the commissioner, and by him paid into the state treasury and be credited to the general revenue fund of the state. The center room on the north side of the southwest corridor in the capitol building, now occupied by the dairy and food commissioner, is set apart for his use, wherein shall be kept his books, records, and other property of the office. He shall keep a seal with which to attest official acts and documents, and shall be entitled to stationery and supplies from the secretary of state as are other state officers. The commissioner shall make an annual report to the governor on or before the fifteenth day of November of each year, containing item- ized statements of all receipts and disbursements, attorney fees in each specified suitijrought in this department and all persons employed by him, together with such statistics and other matter as he may regard of value ; said reports to be published as are the other reports of the other state officers. Sec. 409-13. [Dairy and food commissioner to give bond.] The Ohio dairy and food commissioner before entering upon the discharge of his official duties, shall give bond in the sum of five thousand dollars to the state, with two or more sureties to the acceptance of the governor, conditioned that he will truly account for and apply all moneys or other property which may come into his hands in his official capacity, and for the faithful performance of the duties of his office as the same are prescribed by law; which bond with his oath of office indorsed thereon, shall be filed with the secretary of state. Sec. 409-14. [Commissioner's clerk.] The dairy and food com- • missioner of Ohio be and is hereby authorized to employ a clerk for his office, whose compensation shall not exceed twelve hundred dollars per annum, the same to be paid out of fines collected by such com- missioner. FORESTRY BUREAU. Sec. 409-15. [State forestry bureau; appointment and term of members.] There be and hereby is established at the state univer- '22 LAWS RELATING TO AGRICULTURE. sity, at Columbus, Ohio, a central office for the promotion of forestry, to be entitled the state forestry bureau, which shall consist of ttiree members, to be appointed by the governor, as a board of directors. The members of the board of directors shall be commissioned by tn^ governor, and duly qualified as like officers of the state; one of three directors shall serve for six years, the second for four years and tne third for two years, and on the expiration of terms of service, ap- pointments shall be made for the term of six years. Sec. 409-16. [Duties of the bureau; forestry station; appoint- ment of secretary; expenses of bureau; compensation.! It shall be the duty of said state forestry bureau to thoroughly inc|uire into the character and extent of the forests of the state; to investigate the causes which are in operation to produce their waste or decay ; to sug- gest what legislation, if any, may be necessary for the development of a rational system of forestry, adapted to the wants and conditions of this state, and with the consent of the trustees of the Ohio state university, the said directors may establish a forestry station on the grounds of said university. The directors shall select one of their number, or appoint a qualified person as secretary, to carry out the plans of the board, who shall receive such compensation for his ser- vices as shall be agreed upon by the board ; provided, that all expenses incurred under this act shall not exceed the amount hereinafter pro- vided. Said directors shall serve without compensation, but shall be allowed their necesary expenses incurred in discharge of the duties of their office. Sec. 409-17. [Their annual report.] This bureau shall annually make a report to the governor, which shall contain the results of the investigation, together w'th such other information as the board may deem necessary for the promotion of forestry in this state. Five thou- sand (5,000) copies of this report are to be printed by the state, two thousand (2,000) of which shall be distributed by this bureau of forestry, and the remainder by the general assembly. Sec. 409-18. [Appropriation for their expenses.] There is here- by appropriated for the ensuing year, for the maintenance of said bureau, the sum of one thousand dollars, or so much thereof as may be necessary, for the purpose of meeting the actual expenses of carrying out the provisions of this act. Sec. 409-19. [Expenditures.] No money shall be expended except on order of the president direct, or by and with the approval of the board. CROP AND STOCK SERVICE. Sec. 409-35. [Crop and stock service.] There shall be and hereby is established in the state of Ohio, to be under the supervision of the secretary of agriculture, a crop and stock service, for the pur- pose of coUectingcrop and stock statistics, and disseminating- them over the state; said secretary of agriculture shall appoint volunteer LAWS RELATING TO AGRICULTURE. 2i^ crop correspondents, receive reports from them, tabulate the same for permanent record, and shall issue monthly crop and stock reports ; and it shall be the duty of the state printer to print the same promptly and without delay as preferred matter for distribution from the depart- ment of agriculture. BRIDGES. Sec. 860. [Commissioners shall construct and repair bridges, except, etc.; demand of portion of bridge tax in Hamilton Co.] The commissioners shall construct and keep in repair all necessary bridges oyer streams and public canals on all state and county roads, free turn- pikes, improved roads, abandoned turnpikes and plank roads in com- mon public use, except only such bridges as are wholly in such cities and villages having by law the right to demand, and do demand and receive part of the bridge fund levied upon property within the same; and when they do not demand and receive said portion of bridge tax the commissioners shall- construct and keep in repair all bridges in such cities and villages. Provided, that in all cases, except counties containing a city of the first grade of the first class, the granting of the demand, made by any city or village for its portion of the bridge tax, shall be optional with the said board of commissioners. Sec. 861. [The approaches to such bridges shall be made by the commissioners, except, etc.] The commissioners shall also con- struct and keep in repair, approaches or ways to all bridges named in the preceding section, except as therein excepted, and also, except that when the cost of the construction or repair of the approaches or way to any such bridge does not exceed fifty dollars, such construction or re- pair shall be done by the township trustees. Sec, 862. [Commissioners of two or more counties may build bridges near county line, and keep them in repair jointly.] When it becomes necessary for the public convenience, to bridge any stream of water which is on or near the lines of two or more counties, which counties are traversed by, or lie on or near the road or roads on wnich such bridge is needed, the commissioners of such counties interested, may build, or authorize the building of, such bridge, jointly, to be paid for, with the approaches thereto, in proportion as the commissioners agree ; and the expense of keeping such bridge in repair, shall be paid by the counties interested, in the same proportion as the expense of building such bridge was paid by said counties. Sec. 863. [Commissioners shall bring suits in certain cases for injuries to bridges, roads, and buildings.] Where a bridge or [on] any state or county road, or any public building, the property of or under the control or supervision of any county, is injured or destroyed, or when any state or county road or public highway has been injured or impaired by placing or continuing therein, without lawful authority, any obstruction, or by the changing of the line, filling up or digging out of the bed thereof, or in any manner rendering the same less con- venient or useful than it had been previously, by any person or corpora- 24 LAWS RELATING TO AGUICULTURE. tion, such person or corporation shall be subject to an action for dam- ages ; and the board of commissioners of the proper county is author- ized to sue for and recover of such person or corporation so causmg or having caused such injury or impairment, such damages as have accrued by reason thereof, or such as are necessary to remove the ob- struction or repair the injury; but in case the county commissioners shall neglect, fail or refuse to bring such action for ten days after being petitioned so to do by at least ten owners of property adjoining such county road or living within one mile of such bridge or public build- ing, then any one or more of such owners of property shall have the right and are hereby authorized to bring suit in the name of the prose- .cuting attorney of the county in which such property is situated, and recover of such person or corporation so causing or having caused such injury or impairment, such damages as have accrued by reason there- of, or suv h as are necessary to remove the obstruction or repair the injury; an ' the money so recovered shall, when so collected by the proper ofific. r, be paid into the treasury of the proper county and shall be appropriated by the commissioners thereof in repairing such bridge, building or road, or removing such obstruction, as the case may be, or to reimburse the county tor expenditures in that behalf; the court may, in case of a recovery, make such order as is deemed necessary to repair the injury or remove the obstruction complained of; and the statute of limitations shall not run in favor of any per- son or corporation committing any acts, injuries or obstructions con- cerning any such road or public highway. Sec. 864. [A bridge to replace one destroyed may be located elsewhere.] In rebuilding a bridge destroyed or injured by flood or lire, the commissioners may select a new site for the bridge; but before the change is made, or any contract for that purpose entered into, the commissioners shall give at least twenty days' notice of the time when the question of change will be considered, and on the hearing, all persons interested may present their views and wishes to the board, either by petition, remonstrance, or orally. Sec. 865. [Authority for straightening creeks or watercourses.] The commissioners may cause any creek or water-course to be straightened or cleaned out for the protection of any bridge or road within their control. Sec. 866. [Petition shall be first filed therefor, and what it shall contain.] Before the commissioners proceed to straighten or clean out any creek or water-course, there must be filed with the county auditor of such county a petition, signed by one or more tax-payers of the county, setting forth the benefits to be derived from straighten- ing or cleaning out said creek or water-course, the starting point and terminus, with a description of said creek or water-course, and an estimate of costs to be incurred to complete the work, and the auditor shall, at the next regular or called meeting of the commissioners, notify them of the filing of the petition. Sec. 867. [Viewer shall be appointed, who shall report.] The commissioners upon receiving said petition shall forthwith appoint a competent engineer, resident of the county, who shall go upon the line LAWS RELATING TO AGRICULTURE. 2-1 of said creek or water-course, and examine the same carefully, and make his report to the county auditor in writing, stating whether he deems the straightening or cleaning out of said creek or water-course, will be beneficial for the protection of any bridge, state, or county road, or other road in control of the commissioners, and if so an esti- mate of the amount of money required to perform the same. Sec. 868. [If report favorable, work shall be advertised and let to the lowest bidder, who shall give bond.] At the first regular ses- sion after receiving the report, it it recommends the straightening or cleaning out of such creek or water-course, and the commissioners deem the same advisable, they shall advertise the letting of the work at least twenty days, and let the same to the lowest responsible bidder, taking from him a bond in a sum fixed by them, payable to the state, with good sureties, for the performance of the work in a proper man- ner, and within a time therein named; but no bid shall be accepted that exceeds the estimated cost in such report ; and the commissioners may reject all bids. Sec. 869. [Costs and expenses shall be paid out of bridge fund.] All costs of letting the work, and the expense of the work, and other expenses in this behalf, shall be paid out of the bridge fund of the county, when the work is accepted and approved by the com- missioners, and they direct the payment. Sec. 1476. [Question of township library shall be submitted to electors.] The trustees of any township, on the petition of twenty electors thereof, shall upon four weeks' public notice, published in some paper of general circulation in the county, submit to the electors of such township, at some general election in November, the ques- tion whether there shall be a public library established in such town- ship for the use and benefit of the citizens thereof, and those voting at such election in favor of such library, shall put upon their ballots the words "Pubhc library — yes," and those voting thereat against such library, the words, "Public library — no ;" and if a majority of the electors voting at such election vote in favor thereof, the trustees aforesaid have authority, annually, to levy upon all the taxable prop- erty of such township a tax not. exceeding one mill on the dollar val- uation thereof, to be applied to the establishment and maintenance of a library, as aforesaid, and the procuring of a suitable room or rooms for the same. Sec. 1479. [Question of more expensive hall shall be submitted to electors.] In any township in which a town hall, or the removal, im- provement, or enlarging of a town hall, costing more than is here- tofore provided in this chapter, is desired, the trustees may submit the question to the electors, and for this purpose shall cause the clerk to give notice thereof, and of the estimated cost, by written notices, posted up at not less than three piiblic places within the township, at least ten days before the election, and at such election the electors in favor of such hall, removal, improvement or enlarge- ment shall put on their ballots "Town hall — yes," and those opposed "Town hall — no ;" and if a majority of all the ballots cast at the election ' '2('} LAWS RELATING TO AGRICULTURE. are in the affirmative, the trustees shall levy the necessary tax, but not in any year exceding four mills on the dollar valuation, and such tax shall not be levied under such vote for more than seven years ; ana the trustees may, in anticipation of the collection of taxes, borrow money and issue bonds therefor, bearing interest not exceding seven per centum, payable annually, for the whole or any part of the amount .required. AN ACT To provide for village and townsliip to jointly enlarge, improve or erect a public building. aec. I. [Village and township may jointly enlarge, improve or erect public building.] That tjie electors of an incorporated village and the electors of the township in which the village is situated, may if both so determine, as hereinafter provided, unite in the en- largement, improvement or erection of a public building. Sec. 2. [Application to mayor and township trustees.] When- ever the electors of a village and township in which said village is situated desire to jointly enlarge, improve or erect a public building, application shall be made to the mayor of the village, signed by not less than twenty-five resident freeholders of said village, and an application shall also be made to the township trustees of said town- ship, signed by not less than twenty-five resident freeholders of said township, who are not residents of said village. Sec. 3. [Submission of question of tax to a vote.] At the next general municipal and township election after said applications have been filed with the mayor of said village and trustees of said town- ship as provided herein, the question as to whether or not a tax shall be levied upon all the property subject to taxation in said village and township for the enlargement, improvement or erection of a public building, shall be submitted to the electors of said village and said township : Provided, however, that ten days' notice that said question will be submitted to the electors, shall be given, by the mayor of the village and trustees of the township, in some newspaper of general circulation in said village and township; which notice shall state the maxirfium amount of money proposed to be used in the enlargement, improvement or erection of said public building and the rate of tax proposed to be levied. Sec. 4. If at such election two-thirds of the electors of said vil- lage and township voting, vote in favor of said improvement th" council of said village and the trustees of said township shall jo'intlv LAWS RELATING TO AGRICULTURE. 27 take such action as is necessary to carry out the improvement con- templated. Passed April 25, 1904. Approved April 26, 1904. AN ACT To authorize any township to establish a free public park. Sec. I. [Petition for establishment of township free public park; appointment of board of park comissioners.] That whenever a num- ber of electors in any township, including all municipal corporations tlierein, if any, equal to or exceeding one-tenth of the total vote cast at the general or township election, next preceding therein, shall file a petition with the trustees of such township for proceedings to estab- lish a free public park for such township, the said trustees shall cer- tify that fact to the court of common pleas of the county in which said township is situated, and said court, or a judge thereof, shall appoint a board of park commissioners for such township, to consist of three suitable resident freeholders thereof, — one to serve for one year, one for two years, and one for three years, from and after the second Monday of May succeeding- said appointment, and thereafter one commissioner annually to serve for three years ; and in case any vacancy shall occur or exist in the membership of said board by death, resignation, or otherwise, said court shall fill such vacancy by appointment for the unexpired term. Sec. 2. [Written report of board as to site and cost thereof.] Said board of park commissioners shall call to their assistance one or more skilled landscape architects, and, if desired, other expert advice, as to suitable places for the location of a free public park or parks for such township, and they shall make a written report to the town- ship trustees of their findings and recommendations together with an estimate of the cost of the land -recommended for park purposes; and they may take options and receive bids from owners of land, for park purposes, before filing such written report. Sec. 3. [Submission of question of establishment of park.] Upon filing said report, the township trustees shall direct the township clerk to give thirty days' notice by posting in five public places in the township, and by publication in one or more newspapers of gen- eral circulation therein, if any, that an election will be held at the next general or township election to determine whether a free public p^rk shall be established for the township, and also .state the esti- mated cost of the land recommended for that purpose; and to file written notice with the proper authority, or authorities, having charge of the making up or printing of official ballots, that such an election will be held, and there shall be printed or written on such ballots. 28 LAWS RELATING TO AGRICULTURE. "For free public park, yes," or "For free public park, no;" and if a majority of the votes cast on that proposition shall be ''yes," a free public park shall be estabHshed for said township ; but if a majority of the votes cast on that proposition shall be "no," the board ot parte commissioners for that township shall be abolished and the towiisinp trustees shall provide for and pay all proper expenses incurred by said board under this act. Sec. 4. [Duty of board after affirmative vote.] When the vote is in favor of establishing a free public park in any township, as above provided, the park commissioners appointed under section i of this act shall constitute a board, to be called the board of township park commissioners, and they shall serve without compensation. They shall have power to locate, establish, improve and maintain a free public park within and for such township, and to accept a conveyance of, purchase or appropriate suitable lands and materials for that purpose. It shall be their duty to have careful surveys and plats made of the lands acquired for park purposes, and establish permanent monuments of their boundaries; and such plats, when executed ac- cording to the law providing for the execution of plats by corpora- tions, shall be admitted to and recorded in the office of the county recorder, and such record shall be admissible in evidence at all times for the purpose of locating and ascertaining the true boundaries of such park. Sec. 5. [Powers and duties of board.] The township park com- missioners shall devise all plans for the improvement of such park, and award all contracts therefor, in the manner now provided by law governing township trustees in awarding contracts for public improve- ments. They shall have power to appoint a guardian for such park and all other necessary officers and employes, fix their compensation and prescribe their duties ; to prohibit selling, giving away or using as a beverage any intoxicating liquors in said park, to pass by-laws, rules and regulations for the government of such park, and to pro- tect it from injury and provide for their enforcement by fines and penalties ; but such, by-laws, rules and regulations shall not conflict with the constitution and laws of the state. Sec. 6. [May condemn land or materials.] When the township park commissioners can not procure lands or materials desired for park purposes by deed or gift, or purchase upon terms they regard reason- able, they may appropriate lands or materials for that purpose by proceedings in accordance with the provisions of law regulating the appropriation of private property by municipal corporations. If it is desired at any time to acquire additional grounds for enlarging such park and improving the same, the township park commissioners are hereby empowered to accept a deed of gift, purchase or appropriate lands therefor, in the manner hereinbefore provided for the original establishment of such park, and they may improve the same; and whenever gravel or other material is desired for the construction, improvement or repair of any roadway or other improvement herein' authorized, the township park commissioners are empowered to appro- LAWS RELATING TO AGRICULTURE. 29 priate and take the same, and for this purpose they may go outside of the township limits. Sec. 7. [Tax levy to defray expenses ; submission of question of increased levy.] To defray the expenses of purchasing, appropri- ating and improving lands for park purposes and maintaining the same as a free public park, the township park commissioners may levy, annually, a sufficient tax for that purpose, not exceeding one mill on each dollar of valuation on all real and personal property, including property within any municipal corporation within the limits of such township, over and above all other taxes and limitations thereon, now authorized by law, unless the question of increasing such levy shall be submitted to and approved by a vote of the electors of such township, at any general or township election, which vote shall be taken on the order of the township park commissioners, specifying^ the additional levy they desire to make and the purpose for which it is desired ; on the making of such order the township clerk shall give notice at least thirty days before said election that the vote will be taken, by posting printed notices therein in at least five public places, and by publication in not less than one newspaper of general circulation therein, if any ; and the electors who favor the proposition shall have printed or written on their ballot " park improve- ment ("naming it) — ^yes ;" and those opposed to the proposition shall have printed or written on their ballots " park improvement (naming it) — no ;" and if a majority of all the votes cast upon the proposition is in favor of it, the township park commissioners mav levy such additional tax. Sec. 8. [Collections of tax; bonds may be issued.l Whenever any tax is levied as herein authorized, the township park commissioners shall cause the same to be certified to the county auditor for collection, and the same shall be collected as other taxes; and for the purpose of raising money to pay for and improve such park, the township park commissioners may issue the bonds of such township, to be denom- inated township park bonds, in any sum not in excess of the taxes herein authorized to be levied. Sec. 9. [Annual report of financial transactions.] Said com- missioners shall make out, or cause to be made out, an annual report for the public, showing in detail all financial transactions of the board, which report shall be audited by a committee of two competent ac- countants to be appointed by the court of common pleas, and said auditing committee shall report a summary of their findings to said court for its approval, which summary, w^hen approved, shall be entered upon the records of said court, said auditing committee and costs of records in common pleas court to be paid by the park board. Sec. 10. [Title of park property acquired by de facto board to pass to board herein provided.] The title to all park property and all money acquired for any township by any de facto park board 30 LAWS RELATING TO AGRICULTURE. shall pass to and be vested in the park board herein provided for, in trust for park purposes ; and all obligations incurred by any de facto township park board under the provisions of any former act of the general assembly of the stafe of Ohio, whether constitutional or other- wise, shall become the lawful obligations of the park board provided for by this act, and of the township receiving the benefit of such obligations. Sec. II. [Repeals, etc.] That an act entited "An act to author- ize any township having a population at the last federal census, or which at any subsequent federal census may have a population of not less than thirty-five thousand, nor more than thirty-six thousand, to establish a free public park," passed January 23, 1894, shall be and the same is hereby repealed ; but this appeal shall not extend to or in anv way affect any de facto board of township park commissioners until a board of township park commissioners is organized under the pro- visions of this act. Passed April 25, 1904. Approved April 25, 1904. AGRICULTURE. Sec. 1522. [Statistics to be gathered and returned by assessors.] The assessor shall, annually, at the time of taking the lists of personal property for taxation, require and take for each person, company and corporation in his township or precinct the statements following, veri- fied by oath, for the preceding year : The number of sheep killed by dogs and their value, and the number of sheep injured by dogs, and an estimate of the amount of damages by such injury; the number of acres put in wheat, rye, barley, corn, oats, and buckwheat, and the number of bushels of each produced; the number of acres in timothy and other grass, except clover, and the number of tons of grass and bushels of seed produced therefrom ; the number of acres in clover, the number of tons of hay made therefrom, the number of bushels of seed obtained therefrom, and the number of acres of clover plowed under for manure ; the num- ber of acres planted in tobacco, and the number of pounds obtained therefrom; the number of acres put in flax, and the number of pounds of fiber gathered, and the number of bushels of seed obtained; the number of acres planted in sorgo, and the number of gallons of syrup and pounds of sugar manufactured ; the number of "pounds of m'aple sugar, and the number of gallons of maple syrup manufactured ■ the number of pounds, each, of butter and cheese manufactured-' the number of acres, planted in potatoes, and the number of bushels' pro- duced; the number of acres planted in sweet potatoes, and the number of bushels produced ; the number of acres in vineyard, the number of acres planted within the year, and the number of pounds of grapes gathered, and the number of gallons of wine produced ; the number of pounds of wool shorn ; the number of acres in orchard and the number of bushels of apples, peaches, cherries, plums a'nd pears LAWS RELATING TO AGRICULTURE. ;]1 produced ; the number of acres used for pasturage, and the number of acres not cultivated or pastured ; the number of hives of bees, and the number of pounds of honey produced ; the number of dozens of eggs shipped to places beyond the state ; also the number of acres sowed, planted or to be sowed or planted in wheat, rye, barley, oats, corn, and potatoes, for the harvest of the then present year. Sec. 1523. [Return of statistics; agricultural statistics.] The assessor shall make return of all the preceding statistics to the count)' auditor, at the same time he returns the lists of personal property for taxation; and the county auditor shall make return to the auditor of state on or before the first day of August, annually, of all statistics returned to his office, except those statistics under the head of "agri- culture" (Sec. 1522, R. S.), which he shall return to the secretary of the state board of agriculture, on or before the tenth day of July. annually, and said secretary of agriculture shall compile and publish the same in the monthly crop and stock bulletins and annual report issued by the state department of agriculture. LABOR UPON HIGHWAYS. Sec. 2664-4. [Labor upon highways within road district; who liable; exemptions.] All male persons between the age of twenty- one and fifty-five years, able to perform or cause to be performed the labor herein required, except every honorably discharged soldier who served in the United States army during the actual war, pen- sioners of the United States government, acting and contributing- members of companies, troops and batteries' of the Ohio national guard during their membership, and any person who is a member of any fire engine, hook and ladder, hose, or other company, for the extinguishment of fire or the protection of property at fires, undei the control of the corporate authorities of any municipal corporation, and who receives no pay for such services during the time he may continue an acting member of such company, shall be liable annually, to perform two days' labor on the highways, under the direction of the road supervisor of the road district in which he resides. Sec. 2664-5. [Commutation.] But if a person, being warned as hereinafter provided, pay to the supervisor in whose district he re- sides the sum of three dollars ($3.00) within three days after being notified by the supervisor, the same shall be received in lieu of the two days' labor, and shall be applied by the supervisor to the improve- ment of the roads in his district, and accounted for as herem provided. Sec. 2664-6. [Ordering out of persons liable; penalty.] Each supervisor shall order out every such person resident in his district be- tween the fifteenth day of April and the first day of July annually, and direct him to do and perform the work aforesaid on the public roads within the district; the order shall be given to each person at least two days prior for the performance of the labor, either personally, or by written notice left at his usual place of abode ; and if any person so 32 r.-AWS RELATING TO AGRICULTURE. notified who is liable to perform such labor, refuses or neglects to at- tend, by himself or substitute, to the acceptance of the supervisor, or having attended, refused to obey the directions of the supervisor, or spend the time in idleness or inattention to the duties assigned him, he shall forfeit and pay the sum of one dollar for every such offense, and shall further be liable in all cases of non-attendance, to the amount al- lowed for two days' work, to be recovered by action before a justice of the peace of the proper township, at the suit of the supervisor within whose district he resides; and the money so collected shall be appHed by the supervisor to the improvement" of roads in his district, and ac- counted for by him at the annual settlement with the trustees of his township. Sec. 2664-7. [Non-exemption against execution; costs in certain case.] The defendant shall not be entitled to any exemption under any of the laws of this state against execution issued on any judg- ment and the costs- incurred by said supervisor in any suit brought under this act, when the same can not be collected from the defendant, shall be paid by the trustees out of the township fund. Sec. 2664-8. [Non-release by neglect to order out; directions governing time of performance.] No person shall be released from performance of labor on the public highway by reason of neglect of any supervisor to order him out on or before the first day of July ; but if the trustees of any township, or any two of them, within three days after the election and qualification of any supervisor within their township, direct him in writing to defer any portion of the work to a date not later than the first of November, then the supervisor shall be governed by the directions so given as to the time the labor shall be performed. Sec. 2664-9. [Production or non-production of certificate in case of removal.] If a person remove [d] from one district to another between the first day of April and the fifteenth day of November who has prior to such removal, performed the whole or any part of the labor aforesaid, or in any other way has paid the whole or any part of the amount aforesaid in lieu of such labor, and produce a certificate of the same from the supervisor of the proper district, such certificate shall be a complete discharge for the amount therein specified; but without producing such certificate he shall be required to perform two days' labor, or such part thereof as he has not performed under the direction of the supervisor. Sec. 2664-10. [Appearance with required implements, etc.] Any person called upon to perform labor upon the public roads and high- ways under any provision of this chapter shall bv himself or substitute, appear at the place appointed by the supervisoi at the hour of seven o'clock in the forenoon with such necessary tools and implements as the supervisor may direct; and the supervisor may, if necessary for the improvement of the road, require any person owning the same to furnish a team of horses, mules, or oxen, and wagon, cart plow, or scraper, to be employed and used on tlie roads under the direction of the supervisor. LAWS RELATING TO AGRICULTURE. 33 Sec. 2664-11. [Residence.] For the purposes provided for in tlie preceding sections, the reside;ice of any person who has a family shall be held to be where his family resides, and the residence of any (other) person shall be held to be where he boards in any road district. Sec. 2664-12. [Collection of fines, etc.] Supervisors within their respective districts, shall collect, by suit or otherwise, all fines, for- feitures, and penalties arising and accruing under the provisions of this chapter, unless the collection thereof is otherwise herein provided for; and they are hereby required before their settlement with the township trustees, to prosecute a [to] final judgment all persons neg- lecting or refusing to comply with the provisions of tnis chapter, from whom such tine, forfeiture, or penalty, in the opinion of the supervisor, can be collected by execution; and the judgments, if not paid together with the costs thereon, shall remain and be in force against the judgment debtor, as other judgments at law. And the costs incurred by any stipervisor in any suit brought under this chap- ter, when the same is not collected from the defendant, shall be paid by the trustees of the township out of the township fund. Sec. 2664-13. [Expenditures and accounts; list of those ordered out and those delinquent; disposition of recovered fines, etc.; money on hand; unpaid judgments; order as to prosecutions.] Supervisors shall expend all raone)^ by them collected, and all other sums that come under his supervision as supervisor shall be apphed on the public highway in their respective road districts at the rate not to exceed $1.50 per day for day labor, and $3.00 per day for teams, unless otherwise ordered by the township trustees, for the benefit of the roads and highways in their respective districts and every supervisor shall account to the trustees of the township, at the annual settlement, for all money expended under this chapter ; and they shall also return a full and true list and statement of the name of all persons within their respective districts who have been ordered out to perform the two days' labor as required herein, and those who have refused or neglected to perform the same ; and all fines and forfeitures sued for and recov- ered under the provisions of this chapter, shall be paid by the justice of the peace or constable collecting the same on demand, to the super- visor of the road district wherein the fine or forfeiture accrued, and the supervisors shall also render an account to the trustees at the annual settlement of all money that remains in their hands at the time of settlement, and all judgments that remain unpaid and the name of the judgment debtor, and the justice before whom such judgments were obtained with the amount thereof ; and the trustees shall make such order as to the prosecution of suits by the supervisors of the proper districts, against such delinquents, as in the judgment of the trustees the interest of the township may require. Sec 2664-14. " [Transfer of money; receipt; executions on unpaid iudements; expenditure of proceeds.] All money that may remain in ^e hands of the supervisor at the time of the annual settlement with the township trustees shall be paid to his successor in office as 3_F. H. B. 34 LAWS RELATING TO AGRICULTURE. soon as such successor is elected and qualified, and a receipt taken therefor, and he shall deposit the receipt with the township clerk ; ana any supervisor may sue out executions on any judgments that remain unpaid within his district, at any time when, in his opinion the same can be collected, and the money so received and collected, shall be ex- pended as provided in the foregoing sections. COUNTY TAXES. Sec. 2822. [Commissioners to determine annually amount to be levied, and amount for each purpose.] The county commissioners shall, at their March or June session, annually, deterniine on the amount to be raised for ordinary county purposes, for public buildings, for the support of the poor, and for interest and principal of the public debt, and for road and bridge purposes; and they shall set forth in the record of their proceedings specifically the amount to be raised for each of said purposes. Sec. 2822-1. [Levy for "state and county road improvement fund."] The county commissioners at their March or June session annually, in addition to the levy authorized for road and bridge pur- poses may levy on each dollar of valuation of taxable property within their county not to exceed five-tenths (5-10) of a mill for the creation of a fund to be known as the state and county road improvem'ent fund, and to be used for the improvement of state and county roads in the county. Sec. 2822-2. [Levy for improvement for state and county roads.] The county commissioners of such counties as shall make such levy shall have power to improve any state or county road, or any part thereof, by grading, draining, curbing, improving and paving the same with stone, brick or other suitable material, or with a combina- tion of any or all of these materials, graveling, planking or macad- amizing the same, and shall use the funds realized from such leVy for that purpose ; provided, however, that no such improvement shall be made until the owners of at least a majority of the foot frontage of the land abutting on said road or part thereof shall petition therefor, and the county commissioners shall assess not to exceed twenty-five nor less than fifteen per centum of the cost and expense thereof on said abutting land, and provided, however, that not to exceed ten per centum of the said levy may be used for making sidewalks or bicycle paths; and provided, however, that the county commissioners shall have power to expend so much of the fund above provided for as they may deem necessary in repairing any free improved roads within their county. Sec. 2822-3. [Surveys, profiles, estimates aijd specifications.] When the commissioners determine to make any such improvement, they shall direct and employ the county surveyor to make all necessary surveys, profiles, estimates, and specifications, and submit the same to them for their approval, and the same shall be filed and preserved in LAWS RELATING TO AGRICULTURE. 'iib their office, and the county surveyor shall receive as compensation for his services, the same compensation as is provided in section 4664. Sec. 2822-4. [Bids; letting of contract.] Upon the approval of said surveys, profiles, estimates and specifications, the commission- ers of said county shall advertise for bids in some newspaper of general circulation in the county, for a period of three weeks, and shall let the contract for making such improvement to the lowest and best bidder or bidders, who shall give such reasonable security for the proper performance of their contract within the time and in the man- ner prescribed therein, as the county commissioners shall require. But when the estimated cost of any improvement does not exceed five hundred ($500) dollars, the same may be let without publication in :i newspaper as herein required. Sec. 2824. [Levy of taxes for county road and bridge purposes.] The commissioners, at their March or June sessions, annually, may levy on each dollar of valuation of taxable property within their county, for road and bridge purposes, as follows : In a county where the valuation of taxable property exceeds eighty millions and does nor exceed one hundred and twenty millions dollars, five-tenths of a mill ; where the amount exceds fifty millions and does not exceed eighty millions, seven-tenths of a mill ; where the amount exceeds twenty millions and does not exceed fifty millions of dollars, one mill and ome-tenth ; where the amoimt exceeds ten millions and does not exceed twenty millions of dollars, one mill and five-tenths ; where the amount exceeds five millions and does not exceed ten millions of dollars, three mills; and where the amount is less than five millions of dollars, five mills and five-tenths ; and of the tax so levied, the com- missioners shall set apart such portion, as they may deem proper, to be applied to the building and repair of bridges, which portion so set apart shall be called a bridge fund, and shall be entered on the dupli- cate in a separate column, and shall be collected in money, and ex- pended, except as may be otherwise provided by law, under the direc- tions of the commissioners in building bridges and culverts, or in repairing the same; [Hamilton county.] Provided, that in any county containing a city of the first grade of the first class, where the valuation of taxable property exceeds two hundred millions of dollars, the commissioners of said county may levy on each dollar of valuation of taxable property within said county, for bridge purposes exclusively, not to exceed one- half of a mill, which shall be collected in money and placed by the auditor to the credit of the bridge fund of the county, and the same shall be expended by the commissioners in building bridges and culverts, and in repairing and making fills and approaches to the same in the townships outside of the corporate limits of said city, and for no other purpose whatever; [Payment to Cincinnati.] Except that a portion of said fund collected in the said county, amounting to not less than a levy of one- sixth of a mill on each dollar of valuation of the taxable property within said county in all cases where the board of legislation of said 36 LAWS RELATING TO AGRICULTURE. city of the first grade of the first class shall demand it, shall be paid into the city treasury of said citv and shall be expended by the board of administration of said city, for the purpose of building and repair- ^ ing of bridges within the corporate limits of the same ; [Special tax to restore important bridge.] Provided, further, that in case an important bridge belonging to or maintained by any county has been or shall be destroyed or_become dangerous .to public tr.avel by decay or otherwise, and the restoration thereof is deemed necessary for public accommodation, the commissioners may levy a special tax for that purpose, not exceeding one mill and five-tenths, the proceeds of which shall be applied solely to such restoration ; [Anticipation thereof.] And the commissioners may anticipate the collection of such special tax by borrowing any sum not exceeding the amount so specially levied or to be levied, at any rate of interest not exceeding six percentum, and issue notes or bonds therefor, pay- able upon the collection of such special tax ; [Cleveland and cities of second class.] Provided, further, that in all cities of the second grade of the first class, and all cities of the second class one-half of the proportion of said bridge fund collected upon the property within said cities, in all cases where the city council shall demand it, shall be paid into the city treasury, and shall _ be expended by such city for the purpose of building and repairing bridges ; [Marietta.] And provided further, that in cities having at the last federal census, or at any subsequent federal census a population of 8,273, the whole of the proportion of said bridge fund collected upon the property within said city shall upon demand of the council of said city therefore be paid into the treasury of said city, and shall be ex- pended by said city for the purpose of building and maintaining bridges therein ; [Montgomery county.] Provided further, that the commission- ers of Montgomery county shall levy not exceeding one mill and six- tenths for road and bridge purposes, and that said levy shall only be on property subject to taxation outside the city of Dayton, ^and the proceeds of such levy shall be applied exclusively to roads and bridges outside of said city; [Dayton.] And the council of said city may annually levy on the taxable property within the same, for bridge purposes, a tax of one mill and one-tenth in addition to the total aggregate of taxation now authorized by said council, to be expended for building and repairing bridges within said city; [Trumbull county.] And provided further, that the commis- sioners of Trumbull county may levy not to exceed the rate allowed by law for road and bridge purposes, and that said levy shall only be on property subject to taxation outside of the city of Warren and the LAWS RELATING TO AGRICULTURE. ij7 proceeds of such levy shall be applied to road and bridge purposes exclusively outside of said city ; [Warren.] And the council of said city may annually levy on each dollar of valuation of taxable property within said city for bridge purposes, one and five-tenths of a mill, in addition to the total aggre- gate of taxation now or hereafter authorized by law, to be expended for building and repairing bridges within said city; except that in the event that the commissioners of the county transfer from the road and bridge fund to some other fund, the whole or some part of the six-tenths of a mill as now allowed by law, the council of said city shall make a like transfer to the same county fund ; and the council of said city may anticipate the whole or some part of the annual levy for said purposes for the period of ten years or less, by borrowing a sum, not exceeding twenty thousand dollars, at a rate of interest not exceeding six percentum, and issue bonds therefor, payable on the collection of said tax. [Expiration of proviso.] Said last proviso relatins; to the city of Warren in said Trumbull county shall expire by limitation after twelve years from the time it becomes a law, and said city shall again become a part of the county for bridge purposes under the general law; [Holmes county.] Provided further, that the commissioners of Holmes county at their March or June sessions shall levy on all the taxable property of said county, the amount now aui-hnrized bv l^w for road and bridge purposes to be used on roads and bridges, and the commissioners of Holmes county may turn over such portion of the taxes so raised for roads and bridges on the taxable property in said incorporated village of Millersburg, said county, to the council of said incorporated village for road and bridge purposes as they may deem proper, and the commissioners of said county on the demand of said council of the incorporated village of Millersburg shall turn over to the treasury of said village the pro rata share of the taxes levied in 1899. TOWNSHIP TAXES. Sec. 2827. [When and how made.] The trustees of each town- ship shall, on or before the fifteenth day of May, annually, determine the amount of taxes nec-essary for all township purposes, and certify the same to the county auditor; and there shall be levied annually, by the county auditor, for township purposes, including the relief of the poor, but not including the support of common schools, or the payment of the interest and principal of the debts of the township, such rates of taxes as the trustees of the respective townsh'ns may certify to the county auditors to be necessary, not exceeding one mill on each dollar of the taxable valuation of the property of the town- ship which does not exceed two hundred thousand dollars, and eight- tenths of one mill on each dollar of sucli taxable valuation exceeding 38 LAWS KELATING TO AGRICULTURE. two hundred thousand dollars, and not exceeding three hvtndred thousand dollars; and one-half of one mill on each dollar ot sucn taxable valuation exceeding three hundred thousand dollars, and not exceeding five hundred thousand dollars; and four-tenths of a mill on each dollar of such taxable valuation exceeding five hundred thou- sand dollars, and not exceeding eight hundred thousand dollars ; and one-fourth of one mill on each dollar of such taxable valuatioii ex- ceeding eight hundred thousand dollars ; and for the payment of the interest and principal of the debts of the township, such sum as the trustees may determine is necessary for that purpose ; provided, that in counties where there are no county infirmaries, a further township tax, not exceeding one mill and five-tenths of a mill on each dollar of the taxable property of the township, may be levied for the relief of the poor, to be applied solely to that purpose. Sec. 2827-1. [Authorizing trustees of certain townships to levy a road tax.] The trustees of townships having a population, at the last federal census, of not more than 2,116, nor less than 2,112, be and are hereby authorized and empowered, in addition to the two days' labbr, to determine a percentum, to be levied for road purposes, upon each dollar of valuation of the taxable property of their respective town- ships, exclusive of any incorporated village, as follows : In townships having a valuation of taxable property of one million dollars and over, not exceeding two mills on each dollar ; in townships having a valuation of less than one million, and more than five hundred thousand dollars, any rate not exceeding three mills on each dollar; and in townships having less than five hundred thousand dollars valuation, any rate not exceeding four mills on each dollar ; and said trustees shall certify the same to the county auditor, in writing, on or before the 15th of Maj' of each year; and the county auditor shall assess the same on all the taxable property in said township, ex- clusive of any incorporated village, and the same shall be collected, one-half in the December installment, and one-half in the June install- ment, by the county treasurer, and paid over by him to the treasurer of the township from which said taxes were collected, the same to be expended for the improvement of roads in the township where col- lected ; but nothing in this act shall prevent the working out of all or a part of this tax, by any person so assessed, who desires so to do. The amount of work so performed shall be certified to by the road supervisor, and such receipt shall be received by the county treasurer in part payment of the December tax. Sec. 2828. [Township liabilities for the relief of the poor.] The trustees of any township which has incurred, or may hereafter incur, liabilities for the relief of the poor, beyond the amount raised by the levy now authorized, shall have power to make an additional levy, for the purpose of discharging such liabilities, not exceeding six-tenths of one mill on the dollar of the taxable property of such township. Sec. 2830. [Labor on public highways; county treasurer shall receive certificates as money for road tax; monev or labor; which paid in labor ; when labor to be performed ; expenditure of road fund : time for payment of road tax extended in certain counties.] Any person charged with a road tax may discharge the same by labor on the LAWS RELATING TO AGRICULTURE. Ij9 public highways, within the proper time at the rate of one dollar and fifty cents per day and a ratable allowance per day for any team and implements furnished by any person under the direction of the super- visor of the proper district, who shall give to such person a certificate specifying the amount of tax so paid and the district and township wherein such labor was performed which certificate shall in no case be given for any greater sum than the tax charged against such per- son ; and the county treasurer shall receive all such certificates as money in the discharge of said road tax ; provided, that when the com- missioners of any county so direct the supervisor shall write on the margin of his lists, opposite to the amount charged against all such as may pay the same by money or labor the word "Paid," and shall return his list, on or before the fifth day of September in the year in which levied to the township clerk, who shall write on the margin of the list sent him by the auditor, opposite to the amount charged against each person who may have paid the same in labor or money as shown by the return of the supervisor, the word "Paid" and shall forthwith forward the same to the county auditor who shall charge all such as may remain unpaid as shown by the township clerk upon the duplicate of the proper county, and the same shall be collected as other moneys are collected in the December installment by the, county treasurer. When such road tax is paid in labor such labor shall be performed before the first day of September in the year in which levied. All road taxes collected by the county treasurer shall be paid over to the treasurer of the township or municipal corporation from which the same were collected, and shall be expended on the public roads, and in building and repairing bridges in the township and municipal corporation from which the taxes were collected, under the direction of the trustees of the proper township or council of such municipal corporation ; and all funds heretofore levied for road purposes and not expended, shall be expended by the trustees of the township or council of the municipal corporation from which the sarne were collected, as other taxes collected under the provisions of this title : provided that in all counties containing either graveled roads or free turnpikes, or both, except Shelby and Allen counties the time for the payment of the road tax in labor on such roads may extend to the fifteenth of October of the year in which the same is levied, but on all other roads in such counties the labor shall be performed before the fifteenth of September ; and the supervisors in such counties shall return their lists as provided for in this section, before the twenty-fifth of October of the year- in which the tax was levied. Sec. 2831. [Levy to pay bonds of county, city, or tovsmship, given for railroad subscription.] The competent authorities of any county, city, or township, that shall have subscribed to the capital stock of any railroad company, and shall have issued its bonds or other securities for the payment of such subscription, may, at any time within five years next before the principal of such bonds, or other securities, shall be payable, if the market price of the stock of such railroad company be less than seventy-five per cent, on its par value, levy, or cause to be levied, annually, on the taxable property of such county, city, or township such tax not exceeding one mill on the dollar, as 40 LAWS RELATING TO AGRICULTURE. will be sufficient to balance the discount on the railroad stock held by such county, city, or township, by the time such bonds may beconie due; and the proceeds of all such taxes shall form, with such stock, a sinking fund, and shall be invested in the purchase of the bonds issued by such county, city, or township, or in other safe and pro- ductive securities, and shall be applied to the payment of the bonds so issued, and to no other use or purpose whatever. Sec. 2833. [Tax on dogs; distribution.] In the tax list dupli- cate there shall be collected for the number of and per capita tax on dogs, and in addition to the proper tax on any valuation that may be fixed upon dogs by the owners, which shall be included with the per- sonal , property valuation, and taxed therewith, the auditor shall levy one dollar on each male, and spayed female dog, and two dollars on each unspayed female dog, which per capita tax shall constitute a special fund to be disposed of in the payment of sheep claims as pro- vided in section 4215: And if, after paying all such sheep claims, at the June session of the county commissioners, there remain more than five hundred dollars of such fund, the excess, at such June session, shall be transferred and disposed of as follows: In any county in which there now exists a society for the prevention of cruelty to children and animals, incorporated and organized under chapter 13, title 2, division 2, of the Revised Statutes, and, in any county in which no such society now exists, but in which there may be here- after incorporated and organized such society in accordance with said chapter, title and division, and such societies now existing or which may hereafter be organized, shall have one or more agents appointed in pursuance of said chapter title and division,' all or such portion of such excess as the county commissioners, in their discretion, may deem necessary for the uses and purposes of such society, shall, b}- order of the county commissioners, upon the warrant of the county auditor, be paid to the treasurer of such society, and any surplus not so transferred shall be transferred to the school fund. Sec. 3834. [Surplus of special tax or loan may be transferred to general fund.] Whenever there is in the treasury of any city, vil- lage, hamlet, county, township or school district, any surplus of the proceeds of a special tax, or of the proceeds of a loan for- a special purpose, which surplus is not needed for the purpose for which the tax was levied, or the loan made, such surplus may be transferred to the general fund by an order of the proper authorities entered on their minutes ; and whenever there is in the treasury of any such civil division, at the annual meeting or meetings otherwise provided by law at which the annual tax levy is to be considered and adopted any surplus not exceeding one thousand dollars in any one established fund or division of the funds, which surplus is not needed for the pur- pose for which the fund was created, or the money appropriated, or the tax levied, before such annual tax levy is made, such surplus may be considered as unappropriated and may be reappropriated, and trans- ferred, by an order as aforesaid, to some other existing fund for which a tax is to be or would otherwise be levied, and the sum which it would be necessary to raise by taxation for any purpose, if no such LAWS RELATING TO AGRICULTURE. 41 reapportionment was made, shall thereupon be reduced to the extent of the transfer thus made ; provided, however, that this act shall in no wise be considered as authority to make such reapportionments or any transfer of funds at any other time than the meeting aforesaid to determine the tax levy nor to authorize transfers at any one such meeting of over three thousand dollars in the aggregate, nor that the amount which may be lawfully raised by taxation for any purpose may be increased by such transfer. Sec. 2834a. [Power to borrow to extend time or change debt.] The trustees of any township, the board of education of any school district and the commissioners of any county for the purpose of ex- tending the time of pa3'ment of any indebtedness, which from its limits of taxation such township, school district or county is unable to pay at maturity, shall have power to borrow money or to issue bonds of such township, school district or county, so as to change but not to increase the indebtedness in such amounts and for such length of time and at such rate of interest, as the trustees, board of education or commissioners may deem proper, not to exceed the rate of six per centum per annum, payable annually or semiannually. Or when it shall appear to the trustees, board of education or commissioners i^f any township, school district or county to be for the best interests of such township, school district or county to renew, refund or extend the time of payment of any bonded indebtedness which shall not have matured and thereby reduce the rate of interest thereon, such trustees, board of education or commissioners shall have authoritv to issue for that purpose new bonds, and to exchange the same with the holder or holders of such outstanding bonds if such holder or holders shall consent to make such exchange and to such reduction of interest. [Resolution as to such debt.] Provided, howe^■er, that no indebt- edness of any township, school district or county shall be funded, re- funded or extended unless such indebtedness shall first be determined to be an existing, valid and binding obligation of any such township, school district or count}- by a formal resolution- of the trustees, board of education or commissioners of any such township, school district or county, which resolution shall so state the amount of the existing indebtedness to be funded, refunded or extended, the aggregate amount of bonds to be issued therefor, their number and denomina- tion, the date of their maturity, the rate of interest they shall bear and 'the place of payment of principal and interest. And for the pay- ment of the bonds issued under this section the township trustees, board of education or county commissioners shall levy a tax, in addi- tion to the amount otherwise authorized, every year during the period the bonds have to run sufficient in amount to pay the accruing interest and the bonds as they mature. Sec. 2834^. [Restrictions; no contract, etc., unless money is in treasury and set apart; non-applicability of section to employment of teachers, officers and other school employes.] The commissioners cf anv coimty, the trustees of any township and the board of education ■42 LAWS RELATING TO AGRICULTURE. of any school district, except in cities of the first class, of first, second and third grade, shall enter into no contract, agreement, or obligation involving the expenditure of money, nor shall any resolution or order for the appropriation or expenditure of money be passed by any board of county commissioners, township trustees or board of education, except in cities of the first class, of first, second and third grade, unless the auditor or the clerk thereof shall first certify thatthe money re- quired for the payment of such obligation or appropriation is in the treasury to the credit of the fund from which it is to be drawn, or has been levied and placed on the duplicate, and in process of col- lection and not appropriated for any other purpose ; which certificate shall be filed and immediately recorded, and the sums so certified shall not thereafter be considered unappropriated until the county, township or board of education, except in cities of the first class, of first, second or third grade, is fully discharged from the contract, agreement or obligation, or so long as the order or resolution is in force, and all contracts, agreements or obligations, and all orders or resolutions entered into or passed contrary to the provisions of this section, shall.be void. Provided, that' none of the provisions of this section shall apply to the contracts authorized to be made by other provisions of law for the employment of teachers, officers, and other school employes of boards of education. Sec. 2834^. [Disposition of surplus under Dow tax.] When- ever there is in the treasury of any city, .village, hamlet, county or township any surplus arising under an act entitled "An act providing against the evils resulting from the traffic in intoxicating liquors," passed May 14, 1886, 83 O. L., 157, which surplus is not needed for the purpose named in section 9 of said act, such surplus may be, at any time, transferred to any other fund, including school fund, by an order of the proper authorities entered on their minutes. Sec. 2835. [Townships and municipalities may issue and sell bonds for purposes specified in this act.] That the trustees of ^any township or hamlet, or the council, board of legislation or other legisla- tive body or bodies of any city, village, or other municipal corporation of the state of Ohio, shall have the power to issue and sell bonds in such amounts and denominations, for such period of time and at such rate of interest, not exceeding six per cent., and in such manner as is provided by law for the sale of bonds by such township, hamlet, city, village or other municipal corporation, for any of the purposes pro- vided for in this act, whenever such trustees, council, board of legis- lation or other legislative body or bodies by an affirmative vote of not less than tvvo-thirds of the members elected or appointed thereto shall by resolution or ordinance deem the same necessary. 1. For procuring the real estate and right of way for any im- provement authorized by this section. 2. For extending, enlarging, improving, repairing or securing a more complete enjoyment of any building or improvement author- ized by this section, and for equipping and furnishing the same LAWS RELATING TO AGRICULTURE. 4li 3. For sanitary purposes and for erecting a crematory or pro- viding other means for disposing of garbage and refuse matter. 4. For improving highways leading into the township or corpo- ration, or for building or improving a turnpike, or for purchasing one or more turnpike roads and making the same free. 5. For constructing wharves and landings on navigable waters. 6. For erecting infirmaries. 7- For erecting workhouses, prisons and police stations. 8. For erecting houses of refuge and corrections. 9. For erecting market houses and providing market places. 10. For erecting public halls and public offices. 11. For erecting or purchasing waterworks and supplying water to the township, hamlet or corporation and the inhabitants thereof. 12. For erecting or purchasing gas works or electric light works,' and for supplying light to the township, hamlet or corporation and the inhabitants thereof. 13. For providing grounds for cemeteries for enclosing and em- bellishing the same, and for erecting vaults. 14. For constructing sewers, sewage disposal works, flushing tunnels, drains and ditches. 15. For establishing free public libraries and reading rooms. 16. For the establishment of free public baths. 17. For erecting monuments to commemorate the services of soldiers, sailors and marines of the state or nation. 18. For improving any watercourse or water front. 19. For the payment of obligations arising from emergencies resulting from epidemics, or floods, or other forces of nature. 20. For purchasing and condemning the necessary land for park and boulevard purposes and for improving the same as well as for improving or completing the improvement of any existing boulevard, park or parks. 21. For erecting hospitals and pest houses and for rebuilding, repairing, or improving existing hospitals and pest houses. 22. For resurfacing, repairing, or improving any existing street or streets as well as other public highways. 23. For opening, widening and extending any street or public highway. 24. For purchasing or condemning any land necessary for street or highway purposes, and for improving the same or paying any por- tion of the cost of such improvement. 25. For constructing levees and embankments or paying or im- proving the same, and for improving any watercourse passing through said township, hamlet or municipal corporation. 26. For constructing or repairing viaducts, bridges and culverts, and for purchasing or condemning the necessary land therefor. 27. For erecting any buildings necessary for a fire department, purchasing fire engines, fire boats, constructing water tovvers, and paying the cost of placing under ground the wires or other signal ap- paratus of any fire department. [Total bonded indebtedness permitted to be created by town- ship or municipality in any one year.] The bonds herein authorized may be issued for any or all purposes enumerated herein, but the 44 LAWS RELATING TO AGRICULTURE. total bonded indebtedness hereafter created in any one fiscal year under the authority of this act by any township, hamlet, or municipal cor- poration shall not exceed one (i) per cent, of the total value of all property in such township, hamlet, or municipal corporation, as listed and assessed for taxation, except as otherwise provided in this act. [Exception — may exceed said amount after submission of question to vote.] Whenever the trustees of any township, or hamlet, or the council, board of legislation or other legislative body or bodies of any municipal corporation, shall by resolution or ordinance passed by an affirmative vote of not less than two-thirds of all the members electedor appointed thereto, deem it necessary in any one fiscal year to issue bonds for all or any of the purposes authorized in this act in any ■amount greater than one per cent, of the total value of all property in such township, hamlet, or municipal corporation as listed and assessed for taxation, then and in that event they shall submit the question of issuing any bonds in excess of said one per cent, to a vote of the qualified electors of such township, hamlet or municipal corporation at a general or special election in the manner provided in section 2837, Revised Statutes. [Aggregate amount of bonded indebtedness permitted to town- shij) or municipality at any time; exception.] Provided, however, that the aggregate amount of all outstanding and unpaid bonds hereafter issued under the authority of this act shall never exceed four per cent, of the total value of all property in such township, hamlet or municipal corporation as listed and assessed for taxation, tmless an excess of such amount is authorized by a vote of the qualified electors in such town- ship, hamlet, or other municipal corporation in the manner provided in section 2837, Revised Statutes. Sec. 28356. [When limitation in general bond act not applicable.] Provided, further, that the limitations of one per cent, and four per cent, prescribed in section 2835 R- S. shall not be construed as affect- ing bonds issued under authority of said section 2835 upon the ap- proval of the electors of the corporation ; nor shall bonds which are to be paid for by assessments specially levied upon abutting property, be deemed as subject to the provisions of said -section. Sec. 2836. [Tax shall be levied to pay bonds and interest.] For the payment of bonds issued under the authority of section 2835 of the Revised Statutes or issued after a submission of the question to the people under the provisions of section 2837 of the Revised Statutes, the trustees of any township, or hamlet, or the council, board of legis- lation or other legislative body or bodies of any municipal corporation, shall levy a tax in addition to all levies now authorized by law, every year during the period said bonds have to run sufficient to pay the interest on said bonds and to provide a sinking fund for their final redemption at maturity. Sec. 2837. [Township and municipal bonds; procedure when question of bond issue must be submitted to vote.] Before any bonds in excess of the said one per cent, in any one year or in excess of the LAWS RELATING TO AGRICULTURE. 45 said four per cent, in the aggregate are issued or tax levied, as provided in sections 2835 and 2836, Revised Statutes, the question of issuing the same shall be submitted to the voters of the township, hamlet, or municipal corporation at a general or special election'. And when- ever the trustees of any township or hamlet or the council of any municipal corporation shall 3y resolution or ordinance passed by an affirmative vote of not less than two-thirds of all the members elected or appointed thereto, declare it necessary to issue and sell the bonds of such township, hamlet or municipal corporation as the case may be, for any or either of the purposes mentioned in section 2835 of the Revised Statutes in excess of the amounts therein authorized, ■ arid shall by such resolution or-ordinancc fix a date upon which the ques- tion of issuing and selling suchbonds shall be submitted to the electors of such township, hamlet or municipality, and shall cause a copy of such resolution or ordinance to be certified to the deputy state super- visors of the county in which such township, hamlet, or municipal cor- poration is situated, and such deputy state supervisors shall thereupon proceed to prepare the ballots and make all other necessary arrange- ments for the submission of such question to the electors of any such township, hamlet or mtmicipal corporation at the time fixed in said resolution. Such election shall be held at the regular place or places of voting in such township, hamlet or mimicipality, and shall be con- ducted, canvassed and certified in the same manner, except as other- wise provided by law, as November elections in such township, ham- let, or municipal corporation for the election of officers thereof; pro- vided, however, that when a special election for such purposes is held in a municipal corporation divided into wards there may be but one voting place in each ward, which shall be designated by the deputy state supervisors of elections and the notice hereinafter provided for shall designate the voting places in each ward. In all cities in which registration is required if but one voting place is designated in each ward, certificates of removal shall not be necessary except when transfers are required from one ward to another, and the deputy state supervisors of all such cities shall issue all such removal certificates. Thirty days' notice of the submission shall be given in one or more papers printed therein once a week for four consecutive weeks, stating the amount of bonds to be issued, the' purpose for which they are to be issued, and the time and place of holding the election; and if no newspaper is printed therein the notice shall be posted in a conspic- uous place and published once a week for four consecutive weeks in some newspaper of general circulation in the township, hamlet or municipal corporation ; and if two-thirds of the voters voting at such election upon the question of issuing the bonds vote in favor thereof, then and not otherwise the bonds for such excess shall be issued arid the tax levied. Those who vote in favor of the proposition shall have written or printed on their ballots in quotation, "For the issue of bonds;" and those who vote against the same shall have written or printed on their ballots the words, "Against the issue of bonds." Pro- vided, however, that no township, hamlet, or municipal corporation shall 'hereafter create or assume an aggregate indebtedness of out- standing and unpaid bonds under the authority of this act in excess of eight per cent, of the total value of all property in such township, hamlet, or municipal corporation, as listed and assessed for taxation. 46 LAWS RELATING TO AGRICULTURE. Provided, further, that in cases where the trustees of any township or hamlet have, or the council of any city, village, or other municipal corporation, has heretofore passed a resolution or ordinance declaring it necessary to issue and sell bonds of such township, hamlet or municipal corporation, for any of the purposes authorized by law, the provisions of this act limiting the aggregate amount of bonds to be issued shall not be construed to apply to the bonds provided for in such resolution or ordinance. SERVICE OF STALLION OR JACK. Sec. 3213-1. [Lien of keeper of stallion or jack.] That the keeper of any stallion or jack shall have a lien upon the get of the same for the period of twelve months after birth of the same, for the payment of the service of any such stallion or jack. [Enforcement of lien.J Such keeper or owner may enforce said lien by replevin of the property before any justice of the peace of the township where the property is found, and after gaining possession of the same, he may, after first giving ten days' notice to the reputed owner thereof of his intention to do so, sell the same at public sale after two weeks' notice of the time and place of sale by notices posted up in five conspicuous and public places in the township where proceedings in replevin are had. [Disposition of proceeds from sale.] And out of the proceeds of sale retain the amount due him for said service, with the costs by him incurred in said replevin suit, and accounting to the owner for the surplus realized by said sale. And the owner of any such stallion or jack,when payment is made to him, or his agent, for any such get, shall deliver to the payee a receipt in full for the amount so paid, and stat- ing for what paid. [Penalty for misrepresenting pedigree of stallion or jack.] And any such keeper or owner of any stallion or jack, who misrepresents the pedigree, or fails to publish a correct pedigree of his stallion or jack, when excellency of good qualities are claimed on account thereof, shall, upon proof of such misrepresentation, forfeit the services in any case when legally contested and proven, and shall be otherwise pun- ished as provided by law against the use of false pedigree. Sec. 3231-1. [Lien upon railroad, etc., for labor or material fur- nished.] Any person who shall have performed common or mechan- ical labor upon, or furnished supplies to any railroad, street railroad or railroad operated wholly or in part by electric motor power, turn- pike, plank road, canal or on any public structure being erected or on any abutment, pier, culvert or foundation for same, or for any side track, embankment, excavation,' or any public work, protection ballasting, delivering or placing ties, or track-laying, whether the labor is performed for or the supplies or material is furnished to any com- pany, corporation, contractor, or sub-contractor, construction com- pany, or any individual, shall have a first immediate and absolute lien on the whole of the property on which said work is done, and to which LAWS RELATING TO AGRICULTURE. 47 said supplies have been contributed, and on any fund arising from the sale thereof or any part thereof under an order of any court, and shall hold the railroad, street railroad or railroad operated wholly or in part by electric motor power, canal, turnpike, plank road, or struc- ture, to the creation or construction of which the said labor or sup- plies has been contributed, or so much thereof as may have been in whole or in part created by said labor or supplies, to the exclusion of any such railroads, canal, turnpike, plank road, public work or structure, as to operation, occupation or use, until the claim for such labor or supplies is properly adjusted and paid in full. This act shall apply to -all work now being constructed, or material now being furnished, and to all work hereafter constructed and material here- after furnished. Sec. 3231-2. [How lien obtained.] When it shall be deemed necessary for any construction company, contractor, sub-contractor, mechanic, laborer, or person contributing supplies or material to secure their claim against any railroad, canal, turnpike, plank road, public work or public structure, either for work done or material furnished, they shall file a sworn itemized statement, within thirty days after said work was performed or materials furnished, of the amount of work done or material furnished, showing the balance due and claimed for labor or material furnished, with the recorder of the county or counties within which said work was done or materials furnished. And if sev- eral liens be obtained by several persons on the same job, in the manner prescribed by this act, they shall have no priority among themselves, but payments thereon shall be made pro rata. Sec. 3231-3. [Bond; when injunction may issue.] Any con- struction company, contractor, mechanic, laborer or person contrib- uting supplies or material by any work named in section one (i) of this act, shall at the time of filing the sworn statement of account as pro- vided in section two (2) of this act, file a good and sufficient bond of indemnity for an amount equal to the amount claimed, which bond shall be approved by the probate judge, and shall be so conditioned as to save and protect the defendant in any case arising under this act, and shall then be entitled to a decree of the common pleas court, en- joining and prohibiting the operation, use or occupancy of the prop- erty created in whole or in part by the party or parties asking for said injunction; and the said injunction shall not be dissolved until the court is satisfied that the claim has been adjusted and paid in full. Sec. 3231-4. [Engineer to make measurements, estimates, etc.] Any civil engineer who shall be employed as chief or assistant engineer, in the surveying, platting or cross-sectioning of any railroad, canal, turnpike, plank road or other public road, shall, before the work is com- menced, make an accurate measurement of the same, and shall prepare a profile of each section of one mile or less of said work,_sho\ying quan- tities of each and every class of work to be done on said mile or less; and shall also designate the nearest benchmark or point from which measurements are made, and shall drive stakes at top of slope, at foot of embankments, at sides and center of grade and around every burrow pit "for each one hundred feet, showing in plain figures by feet and 48 LAWS RELATING TO AGRICULTURE. tenths of a foot the depths of cut or height of fill or embankment to- gether with a correct showing of the quantity of overhaul beyond a given number of feet, in cubic yards, for each section of a mile or less; and it shall be the duty of such chief or assistant engineer to turnish, on demand, when any work is finished, to any company, contractor, sub-contractor or person a final statement of quantities in each class of work done or supplies Or material furnished by parties interested. Sec. 3231-5. [Penalty.] Any civil engineer or assistant engineer, whose duty it is to ascertain quantities from actual measurement, and on which final estimates are to be made, who shall knowingly give other than the true quantities, with intent to defraud the construction companj', contractor, sub-contractor, laborer or person furnishing sup- plies or material, shall, if the amount of the discrepancy exceed at the contract price, thirty-five dollars, be deemed guilty of a felony, and shall be punished by a fine of not less than the amount at contract price of all work done or material furnished and not included in his final es- timate, or be confined in the penitentiary for not less than one or more than five years. Sec. 3321. [Land covered by right of way not to be taxed to owners.] Each company owning and occupying any right of way or easement in lands, either by agreement with the owners, or by virtue of any appropriation proceeding, shall present to the auditor of the county in which such land is situate a statement of the quantity of land embraced within such right of way or easement, and such quantity shall be deducted by the auditor from the land on the tax duplicate, so that the owners thereof shall not be required to pay taxes thereon; a company hereafter becoming the owner and occupant of any such right of way or easement shall, within six months thereafter, present such statement to the auditor; and upon the failure of the company to make such statement, the owner of the land may make the same. Sec. 3321-1. [Posting the time of arrival of trains.] Every com- pany or person operating a railroad within this state, shall immediately after the taking eflfect of this act, cause to be placed in a conspicuous place in each passenger depot of such company, located at any station in this state at which there is a telegraph office, a blackboard, at least four feet in length and two feet in width, upon which board such company or person shall cause to be written, at least ten minutes before schedule time for the arrival of each passenger train stopping regularly upon such foad at such station, the fact whether such train is on schedule time or not, and if late, how much. Sec. 3321-2. [Penalty.] That for each violation of the provisions of this act, such company or person so neglecting or refusing to com- ply with the provisions of this act, shall forfeit and pay the sum of ten dollars [$10.00] to be recovered in a civil action in the name of the state of Ohio, one-half of which shall go to the party commencing proceedings, and the remainder shall be paid over to the treasurer of the township, village or city in which such proceedings are had. LAWS RELATING TO AGRICULTURE. 49 Sec. 3322. [When release of right of way papers to be recorded.] When the grant of such right of way or easement is not in the form of a lawfully executed deed or lease, the recorder of the county where the land is situate shall, upon the request of the company owning such right of way or easement, record such grant in the record book of leases, and index the same; and such record, or a copy thereof duly certified by the recorder, shall be received in evidence in all courts and places, in the same manner and to the same efifect as the original; but the correctness of such record or copy may be impeached by any interested party, by competent proof; and the recorder shall be en- titled to the usual fee for recording such grants, and certifying copies thereof. Sec. 3323. [Must erect sign-boards at road crossings.] Each company shall erect, at all points where its road crosses a public roadj at a sufficient elevation from such public road to admit of the free passage of vehicles of every kind, a sign, with large and distinct let- ters placed thereon, to give notice of the proximity of the railroad, and warn persons to be on the lookout for the locomotive ; and a com- pany which neglects or refuses to comply with this provision shall be liable in damages for all injuries which occur to persons or property from such neglect or refusal. Sec. 3324. [Railroad companies must construct and maintain fences, crossings and cattle-guards; when owner may construct at expense of railroad.] A company or person having control or man- agement of a railroad shall construct, or cause to be constructed, and maintain in good repair on each side of such road, along the line of the lands of the company owning or operating the same, a fence suf- ficient to turn stock ; and when such fence is constructed out of barbed wire, or separate lateral strands not connected by interwoven wire, or cross perpendicular wire not more than fifteen inches apart, there shall be securely fastened to the posts, at the top of the same, at right angles thereto, at least one board, not less than one and one- eighth inches thick and five inches wide, and extending the entire length thereof ; and before operating such road shall cause to be main- tained at every point where any public road, street, lane or highway used by the public, crosses such railroad, safe and sufficient crossings, and on each side of such crossings cattle-guards sufficient to prevent domestic animals from going upon such railroad ; and such company or person shall be liable for all damages sustained in person or prop- erty in any manner by reason of the want or insufficiency of any such fence, crossing or cattle-guard, or any neglect or carelessness in the construction thereof, or in keeping the same in repair. That provided, where any road now in process of construction, or any proposed road, passes through any inclosed land, that the company or person having control of any such road shall, during the construction of the same, provide suitable crossings for the owner or occupant of each farm, and make and keep in repair fences along the line of such road through such inclosed fields, and protect any crops growing thereon; and fur- ther provided, that where the company or person agrees, with the owner of the lands through which any railroad passes, that said owner shall build and keep in repair any portion of the fencing, and should said fencing be destroyed or damaged by fire from passing trains, sairl 4— F. H. B. 50 LAWS RELATING TO AGRICULTURE. company or person owning or operating such road shall rebuild or re- pair said fence, provided the property holder should demarrd it; and provided, that if any railroad company shall fail or refuse to con- struct any fence in the manner hereinbefore provided, within six months after the passage of this act, and after having received written notice so to do from the owner or occupant of any lands through which the road may pass, [that] then said owner or occupant may, after thirty days from the time of serving such notice upon the agent of such company nearest said lands, proceed to construct the same and the company shall be liable to such person for the cost thereof. This act shall apply to all fences now built, as well as those hefeafter constructed. Sec. 3325. [When land-owners may construct fence at companjr's expense.] If such company or person neglect or refuse to construct such fence, as provided in the preceding section, the owner of any land abutting on the line of the land of the railroad may construct the fence therein provided for, so far as his land abuts on the railroad lands; and when he has completed the same, he may present for pay- ment, to the agent of the company for receiving and shipping freight at the station nearest to the tract of land so fenced, an itemized ac- count of the expense thereof, including materials and labor ; and if such company or person neglect or refuse, for thirty days, to pay such account, such land-owner may recover the reasonable cost of such fence from the owner. of the road, in any court having jurisdiction of the same. Under the act of April 18, 1874 (71 v. 85), an action will not lie in favor of the land-owner against a railroad company to recover the cost of building a fence along the line of its railroad, when the former owner of the land, for a consideration, released the right of way for the irailroad over the lands, and agreed to build and keep up fences on both sides of the line of the road : Warner v. Railroad Co., 31 O. S., 265. Sec. 3326. [Company to keep fence in repair.] When the fence is completed the company shall keep it in good repair ; and if any such company or person permit any part of the fence on the line of its road to get out of repair so that it will not turn stock, the owner of the land abutting on' the railroad lands where the fence is out of repair, may notify the agent of the company for receiving and shipping freight at the station on the road nearest to the place where the fence is out of repair, that a portion of the fence on the line of the road IS out of repair, stating where, how, and the probable cost of repair- ing the same; and if such company or person fail, for twenty-four hours thereafter, to repair the fence so that it will turn stock the owner of the land may furnish materials and repair the same ' and present to such agent, for payment, an itemized account of the ex- pense thereof, including materials and labor, and if the same be not paid withm thirty days thereafter, such landowner may recover from th« owner of the road the reasonable expense of such repairs before any court having jurisdiction thereof. LA\\ S RELATING TO AGRICULTURE. Ol Sec. 3327. [When private crossings must be built.] A person owning fifteen or more acres of land in one body through which any such railroad passes, and which is so situate that he cannot use a crossing in a public street, road, lane, or highway, in passing from his land on one side of the railroad to that on the other side without great inconvenience, the company or person operating the road shall, at the request of the landowner, \vithin four months after such request, at the expense of such company or person, construct a good and sufficient private crossing across the railroad and the lands (jccupied by the company, between the two pieces of land of the landowner, to enable him to pass with a loaded teani, and over which he shall have the priv- ilege of passing at all times when such company or person is not using the railroad at the crossing, or so near thereto as to render crossing thereat dangerous. Sec. 3328. [When landowner may build it at company's expense.] If such company or person neglect, for four months after request by any such landowner for that purpose, to construct a good and sufficient private crossing as provided in the preceding section, such landowner may, after having given reasonable notice to the agent of the company for receiving and shipping freight at the station on the railroad near- est to the land where it is proposed to construct such private crossing, of the time when such landowner will proceed to construct such cross- ing, enter upon the lands of the company, at any point he may desire between the two pieces of his land, and construct a good and sufficient private crossing; and such company or person shall be liable to him for all the reasonable expense thereof, not exceeding the sum of fifty doUarj, and he may recover the same in an action against such com- pany or person, before any court having jurisdiction thereof. Sec. 3329. [When five preceding sections do not apply.] The provisions of the five preceding sections relating to fences and private crossings shall not apply to any case in-which compensation for build- ing a fence or a private crossing has been or may hereafter be taken into consideration, and estimated as a part of the consideration to be paid for the right of way, so far as the fence, or right to private cross- ing, has been or may be settled or paid for; nor shall said sections be held to affect, in any manner, any contract or agreement between any railroad company, or person having the control and management of a railroad, and the proprietors or occupants of lands adjoining, for the construction and maintenance of fences, cattle-guards, and railroad crossings. Siec. 3330. [When company may build fence at landowner's ex- pense.] If an owner of lands abutting on the line of the lands of a company, who is legally bound in an}- manner to build or repair the fence dividing his lands' from the land's of the company, neglect or re- fuse to build or repair such fence within the time in which he is bound to build or repair the same, the company may build or repair such fence, and present an itemized account of the cost of labor and mate- rials expend.ed in such construction or repair, to the person bound to build or repair the fence, for payment; and if the same be not settled or paid within thirty days thereafter, the company nay recover from such person the reasonable cost of such labor and materials, before any court having jurisdiction thereof. 52 LAWS RELATING TO AGRICULTURE. Sec. 3331. [Penalties for not constructing and repairing fences, etc.] A company or person having \he control and management of a railroad neglecting or refusing to construct fences, cattle-guards, or public crossings, or to keep the same in repair, as prescribed in sec- tion thirty-three hundred and twenty-four after thirty days' previous notice or request to do the same, made in writing by any person, shall forfeit and pay for each and every day such company or person so refuses or neglects, any sum not exceeding fifty dollars per day, to be recovered in a civil action, in the name of the state, for the use of the county in which suit is brought. Sec. 3332. [Right of landowner to use culvert, etc., for cattle- way.] Any owner of land through which a railroad is constructed, and upon which there is a culvert, water-way, or opening through the embankmnet of the railroad, of sufficient height for such purpose, may use such culvert, waterway, or opening, for the purpose of a stock or cattle-way, under the track of the road, so as to permit stock to pass and re-pass ; but the landowner shall build and maintain all necessary fences on both sides of said opening, and shall not, by use, or other- wise, permit the foundations of any structures about such opening to be interfered with. AUTOMOBILES, MOTOR VEHICLES, ETC. Sec. 3490. [Penalty for obstructing travel on road.] All persons driving carriages or vehicles of any description on any public tjirnpike, road or highway of this state, shall, on meeting carriages or vehicles of any description keep to the right so as to leave half of the road free, and all persons riding on horseback, or on bicycle, tricycle, tandem bicycle, locomobile, automobile, or motor vehicle, shall, on meeting carriages or vehicles of any description, keep to the right so as to leave two-thirds of the road free ; provided, however, that any person oper- ating a locomobile, automobile, motor cycle, or other motor vehicle, on any pubHc highway or in any public place, shall not operate the same at a rate of speed greater than is reasonable and proper, having regard to the use in common of such highway or place, or so as to en- danger the life or limb of any person, and in no event shall such loco- mobile, automobile, motor cycle, or other motor vehicle, be operated at a greater rate of speed than eight miles an hour in the business and closely built up portions of any municipality of this state, nor more than twenty miles an hour outside of such municipalities, which rates of speed shall not be diminished nor prohibited by any ordinance, rule or regulation of any municipality, board, or other public authorities ; and provided that any person or persons operating a locomobile, automobile, motor cycle, or other motor vehicle, shall at request or on signal by putting up the hand, from a person riding, lead- mg or drivmg a horse or horses, or other animal, bring such locomobile, automobile, motor cycle, or other motor vehicle, immediately to a stop, and if traveling in the opposite direction shall remain stationary so long as may be reasonably necessary to allow such horse or animal to pass, (and in case such horse or animal appear to be frightened, and he is requested so to do, the person operating such locomobile, automobile, motor cycle, or other motor vehicle, shall cause the motor Thereof to cease running so long as shall be necessary to prevent LAWS RELATING TO AGRICULTURE. 5S accident and insure the safety of persons using such pubhc highway or public place,) and if traveling in the same direction, use reasonable care and caution, in thereafter passing such horses or animals, and be under the same restrictions as are herein provided relating to stopping at request or on signal by putting up the hand; and provided, that such locomobile, automobile, or other like motor vehicle, shall during the period from one hour after sunset to one hour before sunrise, ex- hibit a lamp or lamps showing a white light or lights for a reasonable distance in the direction towards which such vehicle is proceeding and also showing a red light or lights in the reverse direction, and shall also be provided with (and use at all proper and necessary times) a good and efficient brake and a suitable bell, horn, or other signal. If any person purposely and wilfully neglects or refuses to comply with any of the provisions of this section, or in any other manner wilfully hin- ders or purposely obstructs any person in the freepassageof anysuch road or highway, or shall ride a bicycle, tricycle, or tandem bicycle on the sidewalk or footpath of any unincorporated village, he shall, on convic- tion thereof, before any justice of the peace or pther court having juris- diction, for every [such] offense be fined in any sum not less than five dollars nor more than fifty dollars, for the use of the common schools of the county in which prosecution is had. MUTUAL INSURANCE ASSOCIATIONS. Sec. 3686. [Mutual protection associations authorized.] Any number of persons of lawful age, residents of this state, or residents of an adjoining state and owning insurable property in this state, not less than ten in number, may associate themselves together for the purpose of insuring each other against loss by fire and lightning, cyclones, tornadoes or wind storms, hail storms and explosions from gas, on property in this state ; and may make, assess and collect upon and from each other such sums of money, from time to time, as may be necessary to pay losses which occur by fire and lightning, cyclones, tornadoes, wind storms, hail storms and explosions from gas to any member of such association, and the assessment and collection of such sums of money shall be regulated by the constitution and by-laws of the association. Sec. 3687. [Certificate of incorporation.] Such persons shall make and subscribe a certificate setting forth therein : First — The name by which the association shall be known. Second — The place which shall be regarded as its center or bus- iness office. Third — The object of the association, which shall only be one or more of the objects set forth in section thirty-six hundred and eighty- six of the Revised Statutes, and to enforce any contract which may be by them entered into, by which those entering therein shall agree to be assessed specifically for incidental purposes and for the payment of losses which occur to its members. The kinds of property proposed to be insured and the casuahties specified in said section 3686 proposed to be insured against shall be specified in such certificate. Sec. 3688. [When certificate to be filed.] The certificate shall be filed in the office of the secretary of state, and a copy thereof, duly certified by the secretary of state, shall be evidence of the existence •id LAWS RELATING TO AGRICULTURE. and due incorporation of the association for the purposes therein named. Sec. 3689. [Election of officers; powers.] When such certificate is so filed, and a copy thereof so certified forwarded to the association, the persons named therein shall elect their directors, and a president, secretary, and treasurer, and such other officers as may be necessary lor the complete performance of all the business and objects of the association herein provided, to serve for one year; and such officers shall thereafter be chosen in such manner, and at such time as shall be fixed upon in the constitution; but directors shall not be chosen for a longer period than three years ; and such association so organ- ized shall be known and held to be a body corporate for all the pur- poses aforesaid, and may sue and be sued, and plead and be impleaded, in all courts of law and equity, but in no instance shall the power to insure against losses by fire or tornadoes be exercised to other than members of the association. Sec. 3690. [Certain insurance companies must adopt constitution and by-laws.] Every such association shall adopt such .constitution and by-laws not inconsistent with the constitution and laws of this state or of the United States as will, in the judgment of its members, best subserve the interests and purposes of the association ; and all persons who sign such constitution shall be considered and held to be members of the association, and shall be held in law to comply with all the provisions, and requirements of the association. Before granting an}' insurance, such association shall file with the superintendent of insurance a copy of its articles of incorporation duly certified to by the secretary of state, a copy of its constitution and by-laws and forms of certificates of membership or insurance, and if the super- intendent find that the association has been duly organized and has complied with the Law, he shall issue to it his certificate reciting that it has complied with the law, which certificate shall be the authority of the association to commence business and grant insyrance. Upon filing its annual statement, the superintendent shall, annually, issue a renewal of such certificate to such association if he find the asso- ciation has complied with the law. For each such certificate and renewal every association shall pay to the superintendent for use of the state, five dollars, and the association shall annually upon receipt of same, publish such certificate or renewal in a newspaper published and of general circulation in the county of its center or business office, as prescribed for the publication of certificates defined in section two hundred and eighty-four of the Revised Statutes, which publication shall be in lieu of the publication required by said section two hun- dred and eighty-four; and the president or vice-president and secretary of every such association shall annually on the first day of January, or within thirty days thereafter, prepare under oath and deposit in the office of the superintendent of insurance a statement of the condition of such association on the thirty-first da}- of December then next preceding, exhibiting such facts as are enumerated in section thirty- six hundred and fifty-four (3654) of the Revised Statutes, and appli- cable to such associations, and such other information necessary to reveal the financial condition of such association as the superintendent LAWS RELATING TO AGRICULTURE. 55 may require, in a printed form to be by him supplied to such asso- ciation for that purpose, and every such association which fails to make and deposit such statement or to reply to any inquiry of the superintendent, shall be subject to a penalty of five hundred dollars and an additional five hundred dollars for every month that it continues thereafter to transact any business of insurance. Sec. 3690-1. [Mutual fire insurance associations authorized to organize as companies.] Any mutual fire insurance association or- ganized under section 3686, now doing business and now having the number of policies and amount of insurance in force and the amount of assets required in order to organize a mutual fire insurance company, mayreorganize as such mutual fire insurance company in the following manner: The board of trustees of such association shall give notice, by publication in a newspaper of general circulation, and published in the county wherein its principal office is situated, at least three consecutive weeks before such application be made, pf their intention to so organize; and shall thereupon make application to the super- intendent of insurance respecting their desire to assume the require- ments of all the laws governing mutual fire insurance companies organized and doing business under the laws of Ohio, setting forth the amount of insurance carried, the number of policies in force, the amount of its assets and liabilities; and if said superintendent of insurance shall be satisfied, by an examination, or otherwise,. of the condition of such association, that at the date of the passage of this act it possessed the required amount of assets, and the number and amount of policies in force required to organize a mutual fire in- surance company, he shall so certify, upon a certificate of incorpora- tion, containing the requisite statements required to incorporate a mutual fire insurance company, which certificate after having been duly executed, shall be delivered to the secretary of state, who shall record the same, and issue his certificate of incorporation as in other cases for change of name, capital or location of an incorporated com- pany, charging only such fees therefor as authorized by law in other cases for change in capital or location of company. Sec. 3690-2. [Rights of policy-holders; how affected.] There- after the business of such fire insurance association shall be con- ducted as and be subject to all laws governing mutual fire insurance companies; and all members of said association shall be members of said mutual fire insurance company, to the time of the expiration of [or] cancellation of their policies, and entitled to all the benefits as such, precisely as if original members of such company, without exchanging pohcies or contracts, and entitled to all the benefits as members of said company precisely as if original members of said company. Sec. 3690-3. [Policies; by-laws, etc.] After such change in the plan of insurance by such association, and the organization of such mutual fire insurance company, all policies thereafter issued shall be in the name and by the authority of such mutual fire insurance com- paity, and the policies theretofore in force, and the by-laws, rules and regulations of such association, if not in conflict with the laws gov- 56 LAWS RELATING TO AGRICULTURE. erning mutual fire insurance companies, shall be and remain i" f"^' force and effect until the same shall have terminated or been lawfully changed by said company or its board of directors, as authorized by law. Sec. 3691. [Cellar and foundation not considered part of struc- ture in settling loss.] The cellar and foundation walls shall not be in- cluded or considered a part of the building or structure in settling losess, anything in the application or policy to the contrary notwith- standing. A boiler and engine may be a structure: Ins. Co. v. Luce, 11 C. C. 476: 5 O. D. 310. MUTUAL COMPANIES FOR INSURING ANIMAL.S. Sec. 3691-1. [Mutual protective association.] Any number of persons of lawful age, residents of this state, not less than five, may associate themselves together for the purpose of becoming a body cor- porate, and may insure themselves, and any person becoming a mem- ber of such inco.rporation, in accordance with the rules and regulations of such corporation, against loss, from death, of domestic animals, and may assess and collect, upon and from each other, such sums of money, from time to time, as may be necessary to pay losses which occur, from death of domestic animals, to any member of such incor- poration ; and incidental expenses, and the assessments and collections of such sums of money shall be regulated by the constitution and by- laws of the corporation. Sec. 3691-2. [Certificate of organization.] Such persons shall make and subscribe a certificate, setting forth therein — 1st. The name by which the corporation shall be known. 2d. The place which shall be chosen as its principal office. 3d. The object of the corporation, which shall only be to enable its members to insure each other against loss from death of domestic animals, and to enforce any contract which may be by them entered into, whereby they specifically agree to be assessed for the payment of losses and incidental expenses. 4th. Shall acknowledge the signing of such certificate before a notary public, or other officer authorized to take the acknowledg- ments of deeds and mortgages. '■t.^-to^ Sec. 3691-3. [Certificate to be filed with secretary of state.] The certificate shall be filed in the office of the secretary of state, and a copy thereof, duly certified by the secretary of state, shall be evi- dence of the existence and due incorporation of such company for the purposes therein named. Sec. 3691-4. [Election of officers.] When such certificate is so filed, and a copy thereof, so certified, forwarded to the company, the persons named therein shall elect their directors, and a president, secretary and treasurer, and such other officers as may be necessary for the complete performance of all the business and objects of the LAWS RELATING TO AGRICULTURE. 57 company herein provided for, to serve for one year, or until their suc- cessors are duly elected and qualified. Such officers shall there- after be elected annually, by the members of the association, at such time as shall be fixed upon in the constitution ; and such company so organized shall be known and held to be a body corporate, for the purpose aforesaid, and may sue and be sued, and plead and be im- pleaded, in all courts of law and equity; but in no instance shall the power to insure against loss by death of domestic animals be exer- cised to others than the members of the company ; and no such com- pany shall receive applications nor issue policies to persons not bona fide residents of Ohio. Sec. 3691-5. [Constitution and by-laws; annual statement to commissioner of insurance.] Every such company shall adopt such constitution and by-laws, not inconsistent with the constitution and laws of this state and the United States, as will, in the judgment of its members, best subserve the interest and purposes of the company; and all persons who obtain insurance in such company shall thereby become members thereof, with power to vote at all regular meetings of such members, upon all subjects, and shall be held, in law, to comply with all the provisions and requirements of the company; and the president, or vice-president, and secretary of every such company, shall annually, on the first day of January, or within thirty days thereafter, prepare, under oath, and deposit in the office of superintendent of insurance, a statement of the condition of such com- pany on the thirty-first day of December then next preceding, ex- hibiting such facts as are enumerated in section thirty-six hundred and ftfty-four of the Revised Statutes of Ohio, and applicable to such companies, and such other information as is necessary to reveal the financial condition and general management of such company, as the superintendent of insurance may require in printed form, to be, by him, supplied to such companies for that purpose ; and every such company failing to make and deposit such statement, or to reply to any inquiry of the superintendent, shall be subject to a penalty of five hundred dollars, and an additional five hundred dollars for every month that it continues thereafter to transact any business of insurance, and shall forfeit its right to do the business contemplated by this act, which forfeiture the superintendent shall enforce by pro- ceedings in quo warranto. Sec. 3691-6. [Examinations by commissioner of insurance.] The superintendent of insurance may, whenever he may deem it ad- visable, cause an examination of the affairs of such company or cor- poration to be made by one or more disinterested persons, at the expense of the company, such expense not to exceed five dollars per day for each person so employed ; and if, upon such examination, it shall appear that such company or corporation is exercising powers or franchises contrary to law, the superintendent of insurance shall institute proceedings in quo warranto against the same, and if it be found, in such proceedings, that such company or corporation has exercised powers or franchises contrary to law, a forfeiture of its right to do business shall be declared. 58 LAWS RELATING TO AGRICULTURE. Sec. 3691-7. [Amount of applications for insurance required be- fore commencing business.] No company organized under this act shall issue anycertificate or policy of insurance until bona fide appli- cations for insurance to the amount of fifty thousand dollars shall have been filed with the secretary of such company, and a statement of such fact sworn to by such secretary and president of such com- pany, filed with and approved by the superintendent of insurance. Nor shall the treasurer of such company receive any money, as such treasurer, until he shall have filed with the superintendent of insur- ance, payable to the state of Ohio, for the benefit of the members of such company, his bond, in the sum of ten thousand dollars, with security, to be approved by the superintendent. Such bond shall be conditional for the faithful application of all money coming into his hands as such treasurer. Sec. 3691-8. [When company may commence business.] When the statement of the secretary and the president, and the bond of the treasurer, provided for by the preceding section, shall have been filed and approved by the superintendent of insurance, the superintendent shall issue, to such company, his certificate, certifying such fact, and such certificate shall constitute the authority of such company to com- mence business. Sec. 3691-9. [When charter may be forfeited.] Should the amount at risk in such company, at any time, become reduced below fifty thousand dollars, such company shall issue no more certificates or policies of insurance until bona fide applications, suiificient to re- store such insurance to said amount; shall have been secured, and a sworn statement of such fact shall have been filed with and ap- proved by the superintendent of insurance, and by him certified to the company; and should such company fail to so restore such amount, for the period of six months, then such company shall for- feit its right to do [the] business contemplated by this act; and when the liabilities of such company shall exceed three per cent, of the amount of risk in force, as determined by the last preceding assessment, such company shall be deemed to be insolvent, and to have for- feited its charter; and such forfeiture shall be enforced bv the super- intendent of insurance 1)y proceedings in quo warranto. Sec. 3691-10. [Bond of secretary and treasurer.] The treas- urer and secretary of such companies shall give bond for the faithful performance of their duties, to the directors or trustees of the com- pany, in such sum and with such security as shall be prescribed in the by-laws of the company, the security to be approved by such directors or trustees. Sec. 3691-11. [Directors.] The directors or trustees of such com- pany shall, before qualified, take an oath, to be administered by any officer authorized to take acknowledgments of deeds, to faithfully per- form the duties required of them as such officers. Sec. 3691-12. [Statement of secretary and bond of treasurer to be filed with commissioner of insurance.] Anv company or associa- LAWS RELATING TO AGRICULTURE. 59 tipn, organized under sections three tItoitsaiiJ six hundred and eighty- six and three thousand six hiuidred and eighty-seven of the Revised Statutes of Ohio, as amended February 27, 1885, for the purpose of in- surmg its members against loss from death of domestic animals, and still doing business, shall, within ninety days after the passage of this act, file the statement, and the treasurer shall file his bond as pro- vided m section seirn of this act, and failing so to do, shall forfeit the right to do the business contemplated bv this act. OHIO STATE BOARD OP AGRICULTURE. * Sec. 3691-25. [Incorporation.] That :\Iichael L. Sullivant, * be and they are hereby created a body corporate, with per- petual succession, in the manner hereafter described, under the name and style of the "Ohio state board of agriculture." Sec. 3691-26. [Number of the board; quorum.] The Ohio state board of agriculture shall consist of ten members, five of whom shall constitute a quorum. Sec. 3691-27. [Names of members.] That Allen Trimble, M. L. Sullivant, Samuel Medary, Darius Lapham, A. E. Strickle, Arthur Watts, M. B. Bateham, John Codding, Jared P. Kirtland, and Isaac Moore, be continued members of the board; their term of service and the mode of appointing their successors to remain unaltered by this act. Sec. 3692. [Annual meeting of board.] There shall be held in the city of Columbus on the first Thursday after the second Monday in January, an annual meeting of the Ohio state board of agriculture, together with the president of each county agricultural society or the duly authorized delegate therefrom who shall for the time being be ex-officio members of the state board of agriculture for the purpose of deliberation and consultation as to the wants, pros- pects and conditions of agriculture throughout the state ; and at such meeting the several reports from the societies shall be delivered to the president of the state board of agriculture ; provided that in any count}' having no agricultural society, the presidents of the farmers' institutes of the county, and holding meetings under the auspices and by the direction of the state board of agriculture, or a majority thereof, are hereby authorized and empowered to choose a repre- sentative to the annual meeting, who shall upon presentation of the proper certificates be entitled to all the privileges conferred on ex- oflRcio members by this section. At this annual meeting there shall be elected two members of the state board of agriculture whose term shall be five years and until their successors are elected. Only the presidents of cou^t^" agricultural societies or the duly authorized dele- gates therefrom and representatives chosen 1)\^ the president of farm- ers' institutes not members of the board shall be entitled to vote for members of the board. 60 LAWS RELATING TO AGRICWLTURE. Sec. 3693. [Annual report of board to general assembly.] The board may elect such officers as may by it be deemed necessary. It shall hold an annual exhibition of the agricultural and general pro- ductive industries of the state; shall make an annual report to the general assembly, embracing its proceedings for the past year, and an abstract of the proceedings of the several county agricultural societies, as well as a general view of the condition of agriculture throughout the state, accompanied by such recommendations as it may deem inter- esting and useful. Sec. 3694. [State board of agriculture; real estate acquired by; auditing of expenses; annual report; legal adviser.] The board may hold in fee simple such real estate as it may have heretofore purchased, or may hereafter purchase, as sites whereon to hold its annual fairs, and all such lands held by the board for said purpose shall be exempt from taxation, but when any such real estate as may have heretofore been purchased or may hereafter be purchased, shall cease to be used by the board as sites whereon to hold such annual fairs, then such real estate with the improvements thereon, belonging to the board, shall revert to the state of Ohio ; and no portion of any such real estate shall be dis- posed of except by act of the legislature. The board shall have the power to audit and pay its ordinary expenses, including the necessary personal expenses of the members in their attendance on the meetings of the board, out of any funds in its possession or out of the state agri- cultural fund, and shall, in its annual^report, make a complete showing of its financial transactions ; and the attorney-general shall act as the legal adviser of the board, the same as for other state departments. Sec. 3695. [How state agricultural fund at disposal of board.] The state agricultural fund shall be at the disposal of the board for the improvement of the agricultural interests of the state; and when es- cheated property is legally reclaimed by any heir, it shall be held sub- ject to the payment, to the purchaser of the state, of so much of the original purchase money as it received, and legal interest to the time of such reclamation. Sec. 3696. [Secretary of state authorized to furnish stationery to board of agriculture.] The secretary of state is authorized to fur- nish the board with such stationery as may be requisite to the proper discharge of its duties, together with such blank books as may be necessary to keep the records of the transactions of the board. Sec. 3697. [Organization of district or county agricultural so- cieties.] When thirty or more persons, residents of any county of the state, or of a district embracing one or more counties, organize themselves into an agricultural society, and adopt a constitution and by-laws and select the usual and proper officers, and otherwise con- LAWS RELATING TO AGRtCULTURE. 61 ducts its affairs in conformity to the statutes of Ohio and to the rules of the state board of agriculture, and when such county or district agricultural society shall have held an annual exhibition in accordance with section 3698 of the Revised Statutes of Ohio, and made proper report to the state board of agriculture, then, upon presentation to the county auditor, of a certiiicate from the president of the state board of agriculture, attested by the secretary of said board, that the laws of the state and the rules of the state board of agriculture have been complied with, the county auditor of each county wherein such agri- cultural societies are organized, shall annually draw an order on the treasurer of the county in favor of the president of the county or dis- trict agricultural society for a sum equal to two cents to each inhab- itant of the county, upon the basis of the last previous national census, but the total amount thereof shall not exceed in any county the sum of eight hundred dollars ($800) ; and the treasurer of the county shall pay the same. Provided, that where in any county containing a city of the second grade of the first class, the site for holding county fairs is situated so far from the geographical center of said county that, in the opinion of the commissioners of said county the agricultural in- terests of said county will best be promoted by the establishment of another and additional society and site whereon to hold fairs; upon the organization of such additional society in the manner provided herein, said additional society shall be entitled to receive out of the county treasury the sum provided in this section and also be entitled to the provisions of other sections of the statutes in reference to county agricultural societies. Sec. 3698. [For what premiums may be offered by agricultural societies.] The several county or district societies which may be formed under the provisions of the preceding section shall, annually, offer and award premiurns for the improvement of soils, tillage, crops, manures, implements, stock, articles of domestic industry, and such other articles, productions, and improvements, as they deem proper, and may perform all such acts as they deem best calculated to promote the agricultural and household manufacturing interests of the district and of the state, and shall regulate the amount of premiums, and the different grades of the same, so that it shall be competent for small as well as. large farmers to have an opportunity to compete therefor ; and in making their awards special reference shall be had to the profits which accrue, or are likely to accrue, from the improved mode of rais- ing the crop, or of improving the soil, or stock, or of the fabrication of the articles thus offered, so that the premium shall be given for the most economical mode of improvement; and all persons offering to compete for premiums on ^improved modes of tillage, or the production of any crops or other articles, shall be required, before such premium is adjudged to deliver to the awarding committee a full and correct statement of the process of such mode of tillage or production, and the expense and value of the same, with a view of showing accurately the profits derived or expected to be derived therefrom. Provided, that during any year, when the state board of agriculture shall hold its fair upon the grounds of any county or district agricultural society, such society shall be excused if its board of directors so decides from 62 LAWS RELATING TO AGRICULTURE. complying with the provisions of this section, and shall incur no for- feiture of its rights as such agricultural society, by reason of not hold- ing such fair. Sec. 3699. [Must publish a list of awards, etc.] County and dis- trict societies shall publish, annually, a list of awards, and an abstract of the treasurer's account, in a newspaper of the district, and make a report of their proceedings during the year, and a synopsis of the awards for improvements in agriculture and household manufactures, together with an abstract of the several descriptions of these improve- ments, and also make a report of the condition of agriculture in their county or district, which report shall be made in accordance with the rules and regulations of the state board of agriculture, and shall be forwarded to the state board at its annual meeting in January in each ■ year ; and no subsequent payment shall be made from the county treas- ury unless a certificate be presented to the auditor, from the president of the state board, showing that such reports have been made. Sec. 3700. [County societies erected into corporations.] All county societies which have been, or may hereafter be organized, are declared bodies corporate and politic, and as such, shall be capable of suing and being sued, and of holding in fee simple such real estate as they have heretofore purchased, or may hereafter "purchase, as sites whereon to. hold their fairs. Such societies shall have the right to mortgage the grounds of the society for the purjaose o^ renewing or extending pre-existing debts, and for the purpose of furnishing money to purchase additional land. Providing that where the county com- missioners have paid money out of the county treasury to aid in the purchase of the site of said grounds, no mortgage shall be given with- out the consent of said commissioners. Sec. 3701. [Conveyances to such societies declared valid.] All deeds, conveyances, and agreements in writing, made to and by such county societies, for the purchase of real estate as sites whereon to hold their fairs, shall be good and valid in law and equity, and- shall vest a title in fee simple in such societies to the real estate, without words of inheritance. Sec. 3702. [Commissioners may assist agricultural societies in purchasing, etc., sites for fairs; levy of tax.] When a county society has purchased, or leased for a term of not less than twenty years, real estate as a site whereon to hold fairs, or where the title to the grounds is vested in fee in the county, but the society has the control and man- agement of the lands and buildings, the county commissioners may, if they think it for the interests of the county, and society, pay out of the county treasury the same amount of money for the purchase or lease and improvement of such site as is paid by such agricultural society or individuals for such purpose;. and such commissioners may levy a tax upon all the taxable property of the county sufficient to meet the pro- visions of this section. Sec. 3702-1. [Submission of question of issuing bonds to liquidate debt of county agricultural society.] In all counties in LAWS RELATING TO AGRICULTURE. 63 which there may be a county agricultural society which has purchased a site whereon to hold fairs, or where the title to such grounds is vested in fee in the county, and such society has become indebted to an extent of not less than fifteen thousand dollars upon the presenta- tion of a petition signed b}' not less than five hundred resident elec- tors of the county praying for the submission to the electors of the county of the question whether or not the bonds of the county shall be issued and sold for the purpose of liquidating the indebtedness of such society, it shall be the duty of such county commissioners within ten days thereafter, by resolution, to fix a date which shall be within thirty days, upon which the question of issuing and selling such bonds, in amount and denomination such as may be necessary for the purpose in view, shall be submitted to the electors of the county, and shall cause a cop}' of such resolution to be certified to the deputy state supervisors of elections of the count}-, and such deputy state supervisors of elections shall, within ten days thereafter, proceed to prepare the ballots and make all other necessar}- arrangements for the submission of such question to the electors of such county, at the time fixed by such resolution. Such election shall be held at the regular places of voting in such county and shall be conducted, can- vassed and certified in the same manner, except as otherwise provided by law, as elections for the election of county officers. Fifteen days' notice of the submission shall by the deputy state supervisors of elections, be given by publication in one or more newspapers pub- lished in the county once a week for two consecutive weeks, stating the amount of bonds to be issued, the purpose for which they are to be issued and the time and places of holding such election ; and if the majority of the voters voting upon the question of issuing the bonds vote in favor thereof, then and not otherwise the bonds shall be issued, and the tax hereinafter mentioned shall be levied. Those who vote in favor of the proposition shall have written or printed on their ballots "for the issue of bonds" and those who vote against the same shall have written or printed on their ballots "against the issue of bonds." Sec. 3702-2. [Bonds.] In the event that a majority of the voters of such countv voting upon the question of issuing the bonds vote in favor thereof, it shall be the duty of the board of county commis- sioners, for the purpose of liquidating such indebtedness, to issue and sell the bonds of the county according to law, in such amount as may be necessary, and bearing interest not to exceed six per cent, per annum, payable semi-annually. [Levy.] Said bonds to be issued for a period of not less than ten nor more than twenty years; and such county commissioners shall thereupon levva tax upon all the taxable propertyupon the duplicate of the county to pay such bonds as they may mature and the interest thereon, at such rate and for such length of time as may be necessary for the purpose. Sec. 3702-3. [Proceeds used in liquidation of debt.] The coun- ty commissioners, upon the sale of such bonds, shall, from the pro- ceeds arising from such sale, pay ofif and liquidate the indebtedness for which they were so sold. 64 LAWS RELATING TO AGRICULTURE. Sec. 3702-4. [Money raised for county agricultural societies applied to purposes intended by act though life of act expired.] Where money has been raised by taxation in any county for the pur- pose of leasing lands for county fairs, or for the purpose of erecting buildings for county fair purposes, or for making any improvements on county fair grounds, or for any purpose connected with the use of county fair ground or the management thereof by any county agri- cultural society, shall be used for such purpose only, notwithstanding the law under which money was raised by taxation may have expired by limitation ; such moneys shall be used for the purposes intended by the act under which such moneys were levied and collected by taxation. Sec. 3702a. [Commissioners in certain counties may assist agri- cultural societies in purchasing, leasing or improving sites for fairs.] When a county society in a county containing a city of second grade^ of the first class has purchased or leased for a term of not less than twenty years, real estate as a site whereon to hold fairs, or when the title to the grounds is vested in fee in the county, but the society has the control and management of the lands and buildings the county com- missioners may if they think it for the interests of the county and society, pay out of the county treasury the same amount of money for the purchase or lease and. improvement of such site or either of them as is paid by such agricultural society or individuals for such purpose or either of them, and such commissioners may levy a tax upon all the taxable property of the county sufficient to meet the provisions of this section. Sec. 3702&. [Commissioners may levy tax for encouragement of agricultural fairs.] When a county has purchased or leased for a term of not less than twenty years, real estate as a site whereon to hold fairs, or where the title to the grounds is vested in fee in the county agricultural society, or in the county the agricultural society has the control and management of the lands and buildings, or when such lands and buildings are held by lease from any such society by another society, association or incorporated company, the county commissioners are authorized for the purpose of encouraging agri- cultural fairs, to annually levy taxes of not exceeding one-tenth of one mill upon all the taxable property of the county, for the purpose of raising not to exceed one thousand dollars in any county, which sum shall be paid by the treasurer of the county to the treasurer of the agricultural society, except in case of such lease by such society when such sum shall be paid to the treasurer of such lessee society, as- sociation, or incorporated company upon an order from the county auditor duly issued therefor; and the county commissioners, prior to the levy of any such tax, may, if they think it for the interest of the county and society, pay out of the treasury any sum not exceeding one thousand dollars, as herein provided, out of the money in the general fund nof otherwise appropriated. Sec. 3703. [County commissioners may purchase fair grounds.] If a county society and the county commissioners decide that the in- terests of the society and county demand an appropriation from LAWS RELATING TO AGRICULTURE. 65 the county treasury for the purchase and improvement of county fair grounds greater than that authorized by the preceding section, or without any action of or purchase by the society, the commissioners may levy a tax upon all the taxable property of the county, the amount of which shall be fixed by the commissioners, but shall in no event exceed one-half of one mill on the dollar of the taxable property of the county in addition to the amount authorized in the last section to be paid for such purpose. Sec. 3704. [The tax must be submitted to the electors.] No such additional tax shall be levied until the question as to the amount to be levied has been submitted by the commissioners to the qualified electors of the county at some general election, and a notice of which, specifying the amount to be levied, has been given at least thirty days previous to such election, in one or more newspapers published and of general circulation in the county; those voting at such election in favor of such tax shall have written or printed on their ballots "Agricultural tax. Yes," and those voting against the same, "Agri- cultural tax, No," and if a majority of the votes cast be in favor of paying such tax, the same may be levied and collected as other taxes; and when such tax is collected by the county treasurer, the auditor shall issue his order for the amount so collected to the treasurer of the county agricultural society, on his filing with the auditor an under- taking, in double the amount so collected, with good and sufficient sureties to be approved by the auditor, conditioned for the faithful paying over and accounting to such society for such funds. Sec. 3705. [When real estate vests in the county.] When a society is dissolved or ceases to exist, in any county where payments have been made for real estate, or improvements upon such real estate, or for the liquidation of indebtedness, for the use of such society, all such real estate and improvements shall vest in fee simple in the county by which such payments were made. Sec. 3705a. [Insurance on fair ground property.] That the county commissioners of any county are hereby authorized to keep insured all buildings owned by the county agricultural society, or by the county, for the benefit of the county agricultural society, or the county, as the case may be, if deemed proper by said commissioners. (3705-11).. Sec. I. [Corporations for the apprehension and con- viction of criminals.] That any number of persons, not less than fif- teen, a majority of whom shall be residents of the state of Ohio, are hereby authorized to become incorporated for the purpose of appre- hending and convicting any person or persons, accused of either felony or misdemeanor. (3705-12.) Sec. 2. [Seal; constitution; officers; certificate ot appointment or election; powers of officers and members.] Any as- sociation so incorporated may make and use a common seal with the name of the corporation thereon. A majority of the members of such association shall have the power to adopt a constitution and by-laws for their government; and may elect or appoint such officers as they B— P .H. B. 66 LAWS RELATING TO AGRICULTURE. may deem proper, who shall hold their office during the term provided, by the constitution and by-laws thereof, and who shall perform the duties required of them by said constitution and by-laws,' and the provisions of this act; and the presiding officer of any such association or corporation, may administer the proper oaths of office to any of its officers or members, and certify the ap- pointment or election thereof under the seal of said corporation. The presiding officer may also appoint deputies, not exceeding one in each township, in any county or counties where such corporation is located, who may administer said oath of office or membership, arid certify the appointment or election thereof, which shall be valid when approved by said presiding officer under the seal of said corpora- tion, and the officers and members of said association or corporation upon the proper certificate of the presiding officer thereof, when so elected or appointed, shall have full power and authority, when a felony has ben committed, to pursue and arrest, without warrant, any person or persons whom they believe or have reasonable cause xo believe guilty of the offense, and arrest and detain such alleged criminal or criminals in any county in the state to which they have fled, and return such accused person or persons to any officer of the county in which the offense was committed, and there detain such ac- cused person or persons until a legal warrant can be obtained for his or their arrest. And any officer or member of any such association or corporation, may under the certificate of authority aforesaid, apply for and obtain a warrant for the arrest of any person or persons accused of felony or misdemeanor, which shall be issued to said member of any such association or corporation by any justice of the peace or police magistrate of any city or village under the same conditions as war- rants, are now issued to constables, and under said warrant any such officer or member shall have the same powers to arrest and detain offenders as is now vested in constable. (3705-13.) Sec. 3. [Assessments; indemnity for losses; ex- penditures.] Any association may make and collect from its mem- bers such assessments as may be authorized by its constitution or by- laws, and may if so provided in its constitution, indemnify its mem- bers for losses caused by horse thieves or other felons, and expend such moneys as may be deemed necessary in the pursuit and arrest, and procuring the conviction of felons. (3705-14-) Sec. 4. [Reimbursement of expenses by county.] Upon the apprehension and conviction of any person or persons charged with felony by any such associations or corporation, the com- missioners of the county in which the crime was committed, may re- imburse said association in any sum not exceeding one hundred dol- lars, for necessary expenses, not otherwise provided for by law, in- curred in the apprehension and conviction of any such criminal and upon the apprehension and conviction by such association of any per- son or persons accused of a misdemeanor, the commissioners of the county in which the crime was committed may reimburse said associa- tion in any sum not exceeding seventy-five dollars for necessary ex- penses incurred, not otherwise provided for by law, in the apprehen- sion and conviction of such criminals. LAWS RELATING TO AGRICULTURE. (i7 Sec. 3706. [Societies may sell or lease, and purchase or lease other sites.] When a county society desires to sell its site for hold- ing county fairs, for the purpose of purchasing another site, or when- ever such site shall have for any reason become unfit or insufficient for the purposes for which it is intended and used, and the board of directors of such agricultural society shall, at a regular meeting there- of, by a vote of at least a majority of all the members of said board, upon a' call of the yeas and nays, adopt a resolution for the purpose of securing the benefits of this act, declaring that they desire to sell such site for the purpose of purchasing another site, or that such site has become unfit or insufficient as aforesaid, and that it is necessary and for the best interests of such agricultural society and such county, that such site be sold or leased, and a new site purchased or leased, for holding county fairs in such county, it shall be lawful for such agricultural society to sell or lease such old, unfit or insufficient site for holding county fairs, and to purchase, or lease a new site, as herein- after provided ; provided, that in cases where the county has paid all or any portion of the purchase money for the site proposed to be sold or leased, the written consent of the county commissioners shall first be given to such sale or lease. Within thirty days after the passage of such resolution said board of directors shall give notice in writing to the county commissioners of such county of the adoption of said resolution, declaring the necessity of selling or leasing such site and of purchasing or leasing a new site, which notice shall contain or have annexed thereto a certified copy of said resolution, signed by the president and secretary of the board of directors. Sec. 3706a. [When county commissioners shall complete and carry out contracts by such society.] That whenever such agricul- tural society shall have given notice to the county commissioners as above provided, and shall have selected, or secured options for the purchase or lease of a new site for holding county fairs in such county, the board of directors of such society shall immediately give notice of all of such facts to the county commissioners,which said notice shall, in the eventsuchold,unfitorinsufficient site is sold or leased before the purchase or lease of the new site, state the amount for which such old, unfit or insufficient site was sold or leased, and shall also state the amount of money necessary to acquire by purchase or lease such new site, and the terms and conditions of the purchase or lease thereof, together with a full description of the tracts or parcels of land and im- provements thereon, included in such new site. After the filing of the several notices herein provided for, the county commissioners may proceed to complete and carry into effect any contract or contracts which such agricultural society may have made for the purchase or lease of said new site. Sec. 3706&. [Provisions for pa5mient for such purchase or lease of lands.] That the payment for the purchase or lease of the parcels or tracts of land included in such new site, and the improvements, buildings and structures thereon, may be made by the county com- missioners from any unappropriated funds in the county treasury at the time said payment is to be made, and if no such funds are in the county treasury at such time, then the county commissioners may 68 LAWS RELATING TO AGRICULTURE. issue the bonds of the county for such amounts as may be necessary for the purchase or lease of said land and the improvements thereon; provided, that in the event such old, unfit or insufficient site is sold or leased before such new site is purchased or leased, said agricultural society shall, in making said payment, first apply the moneys realized from the sale or lease of such old, unfit or insufficient site to the pur- chase or lease of the new site ; and in the event such old, unfit or in- sufficient site is sold or leased after the purchase or lease of such new site,"the amounts realized from such sale or lease shall be placed to the credit of the sinking fund for the redemption of the bonds to be issued as hereinafter provided. Such bonds shall bear interest at a rate not to exceed five (5) per cent, per annum, payable semiannually, and shall not be sold at less than their par value, and shall be payable at such place, and at such times, and in such denominations, as said county commissioners shall determine ; and to provide for the pay- ment of said bonds and the interest thereon the said county commis- sioners are hereby authorized to levy such annual taxed on all the taxable property of the county, as may be necessary to create and pro- vide a sinking fund for the redemption of such bonds at maturity and the interest accruing thereon. Said levy shall be collected and ac- counted for to the county treasurer of the county in the manner pro- vided for the collection of other taxes. Before issuing such bonds, the commissioners shall, by resolution, submit to the qualified elec- tors of the county at the next general election for county officers held not less than thirty days after receiving from such agricultural so- ciety the notice provided for in section 3706, the question of issuing and selling such bonds, in amount and denomination as may be neces- sary for the purpose in view, and shall cause a copy of such resolution to be certified to the deputy state supervisors of elections of the county, or their successors in office, or other proper officer or officers having charge of the supervision of elections, and such deputy state super- visors of elections, or their successors in office, or other proper officer or officers having charge of the supervision of elections, shall place • the question of issuing and selling such bonds upon the ballot and make all other necessary arrangements for the submission of such question to the qualified electors of such county, at the time fixed by the resolution. The votes cast upon such question shall be counted, canvassed and certified in the same manner, except as otherwise pro- vided by law, as votes cast for county officers. Fifteen days' notice of such submission shall be given by the deputy state supervisors of elec- tions, or their successors in office, or other proper officer or officers having charge of the supervision of elections, by publication once a week for two consecutive weeks in two or more newspapers published in the county, stating the amount of bonds to be issued, the purpose for which they are to be issued, and the time and places of holding such elections. Said question shall be stated on the ballot as follows : "For the issue of county fair bonds, yes;" "For the issue of county fair bonds, no;" and if the majority of the voters voting upon the question of issuing the bonds are in favor thereof, then and not other- wise shall such bonds be issued, and the tax hereinbefore mentioned be levied. Sec. 37o5c. [Control and management of lands where title is ves- ted in county commissioners.] That where the title to the grounds and improvements occupied by agricultural societies is vested in the LAWS REI.AIING TO AGRICULTURF.. (iU county commissioners, the control and management of such lands and improvements shall be vested in the board of directors of such agricul- tural society so long as the same shall be occupied and used by such society for holding agricultural fairs, and all moneys realized by said agricultural society in the holding of county fairs and derived from renting or leasing said grounds and buildings, or portions thereof, in the conduct of said county fairs or otherwise, over and above the necessary expenses thereof, shall be paid into the county treasury of said society to be used as a fund for keeping said grounds and buildings in good order and repair, and in making such other improve- ments as may from time to time be deemed necessary by the directors of said society. Sec. 3707. [How conveyances to be executed.] Conveyances of grounds sold under the preceding section, which are owned exclu- sively by any society, may be executed by the president of the society as such president; and grounds owned partly by the society and partly by the county may be conveyed by deed executed by the president of the society, as such president, and by the county commissioners. Sec. 3708. [Society cannot incumber its grounds.] When the commissioners of any county have paid, or hereafter pay, any money out of the county treasury for the purchase of real estate as a site for any agricultural society whereon to hold its fairs, such society shall not incumber such real estate with any debt, by mortgage oc otherwise, without the consent of the commissioners. Sec. 3709. [Incorporation of township societies.] When any number of natural persons of any township form a society for the pro- motion of agriculture in such township, and under their hands and seals make a certificate, and acknowledge the same before a justice of the peace.in which shall be specified the name of the society, the objects of its formation, and the township in which it shall be located, and file the same in the office of the secretary of state, such society shall be demeda body corporate, with succession, and with power to sue and be sued, defend and be defended, and contract and be contracted with, may make and use a common seal, and the same alter at pleasure, and may purchase and hold in fee" simple, or rent or lease, such real estate as may be required as a site for holding" fairs,not exceeding forty acres, and establish all necessary rules and regulations for the management of such fairs and the legitimate business of the society. Sec. 3709a. [Authorizing township societies to incorporate for the detection of horse thieves and other criminals and for mutual pro- tection of property against such.] When anj- number of natural per- sons of any township, form a society, for the detection and arrest of horse thieves and other criminals, and for the mutual protection of the property of its members, such society may become a body corporate in the manner prescribed in section thirty-seven hundred and nine of the Revised Statutes, to which this is supplementary, with the right of succession, and the right to make and use a comon seal, and with power to sue and be sued, to contract and be contracted with, to levy and collect, by suit, if necessary, such assessments not exceeding three 70 LAWS RELATING TO AGRICULTURE. dollars annually from each member, as may be required to carry out the objects of the society, and to make for such society needful rules and regulations not in conflict with the laws of this state. Sec. 3710. [Justices of the peace may appoint special constables.] A justice of the peace may, on the application of a state, county, town- ship, or an independent agricultural society, or industrial association, appoint a suitable number of special constables to assist in keeping the peace during the time when such society is holding its annual fair, and shall make an entry in his docket of the number and names of all such persons so appointed. Sec. 371 1. [Powers of such constables.] Constables so ap- pointed shall have all the power of constables to suppress riots, dis- turbances and breaches of the peace ; they may, upon view, arrest any person guilty of a violation of any of the laws of the state, and may pursue and arrest any person fleeing from justice in any part of the state ; and they may apprehend any person in the act of committiiig an offense, and, upon reasonable information, supported by affidavit, procure process for the arrest of any person charged with a breach of the peace, and forthwith bring such person before the competent au- thority, and enforce all the laws for the preservation of good order. Sec. 3712. [Duties of certain officers to suppress sale of liquor at fairs.] A judge of any court, sheriff, coroner, justice of the peace of the proper county, a constable of the proper township, or the con- stables specially appointed shall upon view of information, without warrant, apprehend any person selling intoxicating liquors in violation of law at or within two miles of the place where an agricultural fair is being held, and seize the booth, tent, wagon, carriage, stand, vessel, or boat at or from which such liquors are being sold, and convey the same to a place of safe keeping, and take the person so offending before some officer having competent jurisdiction, together with an inventory of the things so seized, and the officer before whom such offender is brought shall proceed forthwith to inquire into the truth of the ac- cusation, and proceed as provided by law. Sec. 3713. [How articles seized to be disposed of.] The arti- cles so seized shall be bound for the payment of all fines and costs assessed against the accused in the proceeding,including the necessary expenses of seizing and obtaining the same, and shall remain in the possession of the officer who makes the seizure until the determination of the prosecution, and may be sold on process issued therein against the accused. FARMERS' INSTITUTES. Sec. 3713-1. [When farmers' institute society deemed body corporate.] That when twenty or more persons, residents of any county in the state, organize themselves into a farmers' institute so- ciety, for the purpose of teaching better methods of farming, stock raising, fruit culture and all branches of business connected with the industry of agriculture, and adopt a constitution and by-laws agreeable LAWS RELATING TO AGRICULTURE. 71 to rules and regulations furnished by the state board of agriculture; and when such society shall have elected proper officers and per- formed such other acts as may be required by the rules of the state board of agriculture, such society shall be deemed a body corporate. Sec. 3713-2. [Number, times and places of annual meetings.] Not toexceedfourfarmers'institutesocieties organized under the provisions of this act, shall hold annual meetings under the auspices of the state board of agriculture in any one county of the state, and the state board of agriculture shall have power to determine the number and name the times and places for holding such institute meetings. Sec. 3713-3- [County payments to societies and state board of agriculture.] When a society organized under the provisions of this act shall have held an annual farmers' institute meeting in accordance with the rules of the state board of agriculture, the secretary of said board shall issue certificates, one to the president of the farmers' institute society, and one to the president of the state board of agricul- ture, setting forth these facts and, on the presentation of these certifi- cates to the county auditor, he shall each year draw orders on the treasurer of the county as follows: Based on the last previous na- tional census, a sum equal to three mills for each inhabitant of the county in favor of the president of the state board of agriculture, and a sum equal to three mills for each inhabitant of the county in favor of the president of the farmers' institute society, where but one society is organized, but in counties where there are more than one farmers' institute society organized under the provisions of this act, and hold- ing meetings under the auspices and by direction of the state board of agriculture, the said three mills for each inhabitant shall be equally apportioned among such societies, and warrants in the proper amounts issued to the respective presidents, and the treasurer of the county shall pay the same from the county fund ; provided that in no county shall the total annual sum exceed two hundred and fifty dol- lars ; and provided further that the payment to any institute society shall not exceed the expenses, as per detailed statement, provided in section four of this act. Sec. 3713-4. [Society's statement of expenses; what secretary's certificate to indicate.] With each certificate of the secretary of the state board of agriculture to the county auditor, which certificate shall indicate the number of societies organized in the county and holding meetings by direction of the state board of agriculture, and before the auditor issues his order upon the treasurer there shall be filed with the auditor a detailed statement of the expenses of the insti- tute for the current year, no part of which shall be for salaries of officers of the institute society; but this provision shall not apply to the order in favor of the president of the state board of agriculture, which board shall issue statement as required in section six of this act. Sec. 3713-5. [Lecturers at annual meetings.] At the annual farmers' institute meetings, held under the provisions of this act and under the auspices of the state board of agriculture, the said board shall furnish lecturers or speakers whose compensation and expense shall be paid by the board. 72 LAWS RELATING TO AGRICULTURE. Sec. 3713-6. [Publication and distribution of lectures and papers.] At the close of each season's institute work, the state board of agriculture shall publish in pamphlet or book form, such lectures and papers delivered at the several institute meetings, as may seem of general interest and importance to the farmers, stock breeders and horticulturists of the state, copies of which shall be furnished the secretary of each institute society, and the balance issued to be for general distribution ; the cost of preparing the matter and the distri- bution of the pamphlet or book to be paid by the state board of agri- culture. Said board shall also publish, in such pamphlet or book, a detailed stateinent of its receipts under the provisions of this act and the disbursements on account of institute work. Sec. 3713-7. [Trespass.] That whenever any person or persons, corporation or association, whether incorporated or otherwise, shall be possessed of, as owners, or shall have the lawful custody of any tract or parcel of land within this state, for the purpose of an agricul- tural or other fair grounds, or for the purpose of meetings of pioneers, or for public or private entertainments or other lawful assemblages, or for the protection of trees, plants and shrubs, or either of them, or the fruits and products thereof, or for any one or all of said pur- poses, it shall be unlawful for any person or persons to enter or go upon said grounds, either through or over any fence, or in any man- ner, without the consent and permission of the owner or owners thereof, or other person having lawful control of the same, or in viola- tion of the regulations of the same ; and, in case of the holding a state, county, township, or independent fair, it shall be unlawful for any person or persons to injure, molest, remove or in any way to disturb any exhibits or property of any kind contrary to the rules of the state, county, township or independent board or society, or industrial association, under the control and management of which said fair may be held. Sec. 3713-8. [Penalty.] Whoever shall wilfully, and in viola- tion of the provisions of section 3713-7 of the Revised Statutes of Ohio, enter or go upon any lands referred to in said section, or shall injure or destroy any tree, plant, shrub or other property thereon, or shall take or carry away any fruit, nut or other thing of value, or shall wilfully damage or destroy any fence enclosing said lands, or shall injure, molest, remove or in any way disturb any exhibit or property of any kind contrary to rules, shall on conviction thereof be fined in any sum not exceeding three hundred dollars nor less than five dol- lars, or be imprisoned in the jail of the proper county, or in any city, town, or village prison or lockup (when the offense shall have been committed within the corporate limits thereof) for any period not exceeding three months, and until said fine and costs are paid, or both fine and imprisonment, at the discretion of the court; ard shall moreover be liable, in a civil action to the- party damaged there- by, in double the value of the property taken, carried away or de- stroyed, and in double the amount of the damage thereto, to be recov- ered before a justice of the peace or other court of competent juris- diction. LAWS RELATING TO AGRICULTURE. 73 Sec. 3713-9. [Prosecutions hereunder.] Prosecutions under and by virtue of this act, may be by indictment in the court of common pleas in the county where the offense shall have been committed, or before a justice of the peace of such county, or before the mayor of a city, town, or village, when the offense shall have been committed within the corporate limits of the same. APPROPRIATION. Sec. 3713-10. [Proceedings for appropriation of lands for en- largement of fair grounds.] When it shall be deemed necessary by the board of directors of any county agricultural society to enlarge the fair grounds under the control of such society, and the owner or owners of the proposed addition to said grounds and the said board of directors are unable from any cause to agree upon the sale and purchase of said additional grounds, the board shall make an accurate plat and description of the land which it desires for said purpose and file the same with the probate judge of the proper county; and there- upon the same proceedings of appropriation shall be had which are provided for the appropriation of private property by municipal cor- porations,, said board to act for such society therein as the council would for the municipal corporation. Sec. 3713-11. [Board of directors to prosecute proceedings.] That if, under any existing law, it is' made the duty of the county commissioners to purchase any such additional ground for the use of any such society, said board of directors shall prosecute the said proceedings of appropriation to their final conclusion, except so far as relates to payment, or any part of the purchase money, before said commissioners shall be called upon to act in the matter. All such- payments or deposits, not exceeding fifteen thousand dollars ($15,000) in amount, shall be made by said commissioners when required so to do by said board of directors, or by the court", and no delay on the part of said commissioners shall defeat or prevent the purchase or appropriation aforesaid. SOCIETIES TO PREVENT CRUELTY TO ANIMALS. Sec. 3714. ["Ohio Humane Society;" powers, etc.; representa- tives; the object of; power to acquire property; board for manage- ment of bequests, etc.; officers and rules; agents; powers of agents; branch societies; societies now organized may become branches.] The Ohio state society for the prevention of cruelty to animals, here- tofore incorporated, shall be and remain a body corporate, under the name of "the Ohio humane society" with all the powers, privileges, immunities, and duties heretofore possessed by said Ohio state society for prevention of cruelty to animals, hereinafter specified, as to county associations, and may appoint any person, in any county in this state where there is no such active association, to represent the state so- ciety, and to receive and account for all funds coming to the society, from'fines or otherwise. The objects of said society and. all societies li -LAWS RELATING TO AGRICULTURE. heretofore or hereafter organized under sections three thousand seven hundred and fifteen and three thousand seven hundred and sixteen of the Revised Statutes shall be the inculcation of humane principles, and to secure the enforcement of laws for the prevention of cruelty, es- pecially to children and animals, to promote which object the said societies may respectively acquire property, real or personal, by pvirchase or gift. All property acquired by gift, devise, or bequest for special purposes shall be vested in a board of trustees consisting of three members elected by the society, which board shall manage said property, and apply the same in accordance with the terms of the gift,, devise, or bequest, with power to sell the same and re-invest the pro- ceeds. Said society may elect such officers, and make such rules and regulations and by-laws as may be deemed necessary or expedient by their members for their own government and the proper manage- ment of their affairs. Said society may appoint agents in any county of this state, where no active society exists under sections three thou- sand seven hundred and fifteen and three thousand seven hundred and sixteen- oi the Revised Statutes to represent the society, and receive and account for all funds coming to. the society from fines or otherwise, and may also appoint agents at large to prosecute the work of said society throughout the state. The agents of said society and of all societies heretofore or hereafter organized under sections three thousand seven hundred and fifteen and three thousand seven hundred and sixteen of the Revised Statutes whose appointment has been approved as hereinafter provided^ shall have power to arrest any per- son found violating any law for the protection of persons or animals, or the prevention of cruelty thereto, and tipon making such arrest shall forthwith convey the person arrested before some court or mag- istrate having jurisdiction of the offense, and there make complaint against them, but said agents shall not be authorized to make such arrests within any municipal corporation unless their appointment has been approved by the mayor thereof,'nor within any county beyond the limits of a municipal corporation, unless their appointment has been approved by the probate judge of said county, and the mayor or probate judge shall keep a record of all such appointments. Branches of the society consisting of not less than ten members may be organ- ized in any part of the state to prosecute the work of the societies in their several localities, under rules and regulations prescribed by the society. Societies for the prevention of acts of cruelty to animals organized in any county under section three thousand seven hundred and fifteen may become branches of said society by resolution adopted at a meeting thereof called for that purpose, a copy of which resolu- tion shall be forwarded to the secretary of state. As to excess of dog tax in Lucas county, see latter part of § 4215. Sec. 3715. [Other societies authorized.] Societies for the pre- vention of acts of cruelty to animals may be organized in any county, by the association of not less than seven persons, and the members thereof shall, at a meeting called for the purpose, elect not less than three of their members directors, who shall continue in office until their successors are duly chosen. LAWS RELATING TO AGRICULTURE. 7ii Sec. 3716. [How incorporated.] The secretary or clerk of the meeting shall make a true record of the proceedings thereat, which he shall certify, and forward to the secretary of state, who shall record the same; the record shall contain the name by which such association shall have determined to be known, and from and after the filing of the same the directors and associates, and their successors, shall be invested with the powers, privileges, and immunities incident to in- corporated companies ; and a copy of the record, duly certified by the secretary of state, shall be deemed and taken, in all courts and places in this state, as evidence that such association is a duly organized and incorporated body. Sec. 3717. [May elect officers, and make regulations.] Such associations may elect such officers, and make such rules, regulations, and by-laws, as may be deemed necessary or expedient by their mem- bers for their own government, and the proper management of their aflfairs. Sec. 3718. [Societies to prevent cruelty to animals may appoint agents to enforce law.] Such associations may appoint agents for the purpose of prosecuting any person guilty of any act of cruelty to persons or animals within this state, who shall have power to arrest any person found violating any of the provisions of this chapter, or any other law for the purpose of protecting persons or animals, or pre- venting any act of cruelty thereto ; and, upon making such arrest, such agent shall convey the person so arrested before some court or mag- istrate having jurisdiction of the offense, within the municipal cor- poration or county wherein the offense was committed, and there forthwith make complaint, on oath or affirmation, of the offense; but all appointments by such associations under this section must have the approval of the mayor of the city or village in which the associa- tion exists, and if it exists outside of any city or village the appoint- ment must be approved by the probate judge of the county; and the mayor or probate judge shall keep a record of all such appointments. Sec. 3718a. [Jurisdiction of justices, police judges and mayors in prosecutions for adulteration of food, etc., and for cruelty to animals or children.] Any justice of the peace, police judge, or mayor of any city or village, shall each have jurisdiction within his county, in all cases of violation of the laws to prevent the adulteration of food and drink, the adulteration or deception in the sale of dairy products, or any other foods, and drugs and medicines, and any violation of the law for the prevention of cruelty to animals or children, or under sec- tion 3140-2, 4364-24, 4364-25, 6984, 6984a of the Revised Statutes of. Ohio. In any such prosecution where imprisonment may be a part of the punishment, if a trial by jury be not waived, the said justice of the peace shall, not less than three nor more than five days before the time fixed for trial, certify to the clerk of the court of common pleas of his county that such prosecution is pending before him. Thereupon said clerk shall pi'oceed to draw, in the presence of representatives of both parties, from the jury wheel or box containing the names of persons selected to serve as petit jurors in the court of common pleas in said county,- twenty ballots or names, which shall be drawn and counted in the same maner as for jurors in said court of common 7() LAWS RELATING TO AGRICULTURE. pleas. Said clerk shall forthwith certify the names so drawn to said justice of the peace, who, upon receipt thereof, shall issue to any constable of the county a venire containing such names to serve as jurors to try such case and make due return thereof. The jurors shall be subject to the same challenges as jurors are subject to in criminal cases, except capital cases, in the court of common pleas. If the venire of- twenty names be exhausted without obtaining the re- quired number to fill the panel, the justice shall fill the panel with talesmen in the manner provided for criminal cases in said court of common pleas. In all cases prosecuted under the provisions of this act, no costs shall be required to be advanced or be secured by any person or persons authorized under the law to prosecute such cases; and if the defendant be acquitted or discharged from custody, by nolle or otherwise, or if he be convicted and committed in default of paying fine and costs, all costs of such case shall be certified by said justice of the peace under oath to the county auditor, who, after correcting any errors in the same, shall issue a warrant on the county treasury, in favor of the .person or persons to whom such costs and fees shall be paid. And in cases brought for any violation of law for the prevention of cruelty to animals or children, or under sec- tion 3140-2, 6984, 69840 or (7017-3) Revised Statutes of Ohio, any humane society or their agents may employ an attorney to prosecute the same, who shall be paid for his services out of the county treas- ury in such sum as any judge of the court of common pleas or probate judge, within said county, or the county commissioners, may approve as just and reasonable. In pursuing or arresting any defendant and in subpoenaing the witnesses, the jurisdiction and powers of the constable or other court officer acting in such capacity, in all such cases, shall be the same as that of the sheriff of the county in criminal cases in the common pleas court, and he shall receive the same fees therefor as are allowed said sheriff. Jurors in all such cases and witnesses subpoenaed in all such cases shall be entitled to like mileage and fees, as are allowed in criminal cases in the court of common pleas, and in all other repects, in so far as the same may be applicable, the procedure provided for in criminal cases in the common pleas court not otherwise incon- sistent herewith, shall be followed. And provided further, that where, in any such laws, after the first offense, a different punishment is provided for subsequent offenses, the information or affidavit, in order to avail the state of the benefit of such additional punishment, shall so charge that it is the second or subsequent offense, and unless such special charge is so made, the punishment shall hi all cases be as of the first offense. All costs and moneys which are to be paid by the county treasurer as herein provided, shall be paid out of the gen- eral revenue fund of said county. And in any case prosecuted under the provisions of this section, a new trial, after a verdict of conviction, may be granted, for any of the reasons enumerated in section seventy-three hundred and fifty of the Revised Statutes, upon the written application of the defendant, filed within three days after the rendition of the verdict; provided that the causes enumerated in subdivision two, three and five of said section must be sustained by affidavits or other evidehce showin"- their truth and nia^- be controverted Ijy like evidence. '^ LAWS RELATING TO AGRICULTURE. 77 Sec. 3719. [Magistrates may authorize certain inspections.] When complaint is made, on oath or affirmation, to a magistrate or court authorized to issue warrants in criminal cases, that the com- plainant believes that any of the provisions of law relating to or affect- ing animals are being or are about to be violated in any particular building or place, such magistrate or court shall issue and deliver immediately, a warrant directed to any sheriff, constable, police officer, or agent of such association, authorizing him to enter and search such liiiluing or place, and to arrest any person there present violating, or attempting to violate, any such law, and to bring such person before some court or magistrate of competent jurisdiction within the city, village, or county within which such offense has been committed, to be dealt with according to law, and such attempt shall be held to be a violation of such law, and shall subject the person charged therewith, if found guilty, to the penalties provided therein. Sec. 3719a. [Duties of police officer; penalty.] When a sheriff, constable, marshal, police officer, or any agent for any duly incorpo- rated society for the prevention of cruelty to animals, has reason to be- lieve that any person within his jurisdiction is about to violate the provisions of section sixty-nine hundred and fifty-two^ of the Revised Statutes, he shall forthwith arrest such person and take him before a magistrate named in section seventy-one hundred and six; upon the proper affidavit being filed, such officer shall hear the witnesses pro- duced, on oath, and if he find the complaint true, order the accused to enter into a recognizance, with sufficient sureties, in a sum not less than one hundred dollars nor more than five hundred dollars, that he will not violate the provisions of said section sixty-nine hundred and fifty-two, within one year thereafter, within this state, and in default of such recognizance the officer shall commit the accused to jail, there to remain until such order is complied with, or he is otherwise dis- charged by due course of law, or until he shall make and subscribe an oath, in the presence of two witnesses, that he will 'not violate the pro- visions of said section six thousand nine hundred and fifty-tivo of the Revised Statutes of Ohio, nor aid or abet in so doing within said year. Upon conviction of such person for a subsequent violation of the provisions of said section within said year, he shall be fined not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), or imprisoned not less than thirty days nor more than ninety days, or both, in the discretion of the court. Sec. 3720. [Police powers of officers and agents.] An officer, agent, or member of any such association may interfere to .prevent the perpetration of any act of cruelty to animals in his presence, and may use such force as may be necessary to prevent the same, and to that end may summon to his aid any bystanders. Sec. 3721. [Interpretation of certain words.] In this chapter, and in every law of the state relating to or in any manner affecting animals, the word "animal" shall be held to include every living dumb creature ; the words "torture," "torment," and "cruelty," shall be held to include every act, omission, or neglect whereby unnecessary or un- justifiable pain or suffering is caused, permitted, or allowed to con- 78 LAWS RELATING TO AGRICULTURE. tinue, when there is a reasonable remedy or rehef; and the words "owner" and "person" shall be held to include corporations; and the knowledge and acts of agents and employes of corporations, m regard to animals transported, owned, employed by, or in the custody of a corporation, shall be held to be the act of such corporation. Sec. 3722. [Member may require police officer to act.] A mem- ber of any such association may require the sheriff of any county, the constable of any township, the marshal or policeman of any city or village, or the agent of any such association, to arrest any person found violating the laws in relation to cruelty to persons or animals, and to take possession of any animal cruelly treated, in their respective counties, cities, or villages, and deliver the same to the proper officers of such associations; and for such service, and for all services ren- dered in carrying out the provisions of this chapter, such officers, and the officers and agents of the association, shall be allowed and paid such fees as they are allowed for like services in other cases, which shall be charged as costs, and reimbursed to the association by the person convicted. Sec. 3723. [A person guilty is liable in damages.] A person guilty of cruelty to an animal, the property of another, shall be liable to the owner thereof in damages, in addition to the penalties pre- scribed by law. Sec. 3724. [Conviction of agent no bar to action against prin- cipal.] The conviction of an agent or employe shall not bar an action for cruelty to animals against an employer for allowing a state of facts to exist which will induce cruelty to animals on the part of such agent or employer. Sec. 3725. [Any person may protect an animal from neglect.] Whenever it may be necessary, in order to protect any animal from neglect, any person may take possession of the same ; and whenever an animal is impounded, yarded or confined, and continues without necessary food, water, or proper attention for more than fifteen successive hours, any person may, from time to time, and as often as it may be necessary, enter into and upon any place in which such animal is so impounded, yarded, or confined, and supply it with necessary food or water and attention, so long as it there remains, or may, if necessary or convenient, remove such animal, and shall not be liable to any action for such entry ; in all cases the owner or custodian of such animal, if known, shall be immediately notified of such action, by the personi taking possession of such animal ; if the owner or custodian be unknown, and cannot be ascertained with reasonable effort, such animal shall be held to an estray, and shall be dealt with as such ; the necessary expense for food and attention given to any animal under the provisions of this section, ' may be collected of the owner of such animal, and the animal shall not be exempt from levy and sale upon execution issued upon a judgment therefor. For strays and drifts, see § 6627 et seq. LAWS RELATING TO AGRICULTURE. 79 Sec. 3725a. [Animal may be ordered killed.] Any sheriff, con- stable, marshal, policeman, or agent, of any society for the prevention of cruelty to animals, may kill, or cause to be killed any animal found neglected or abandoned, and which in the opinion of three reputable citizens, is injured or diseased, past recovery or by age has become useless. This section is unconstitutional: Brice v. Humane Society, 4 C. C. 358. Sec. 3725-1. [Removal of child from possession of parent by officer of humane society.] Whenever any officer or agent of a society in this state, organized under title 2, chapter 13, of the Re- vised Statutes, shall deem it for the best interest of any child, either by reason of cruelty inflicted upon said child or by reason of the surroundings of the child, that said child be removed from the pos- session and control of the parents or other person or persons having charge thereof, said officer or agent may take possession of said child summarily; [Notice.] And shall cause a notice to be personally served upon the person having control or possession of said child and upon the parent or parents of said child, if within the state, that the said society will apply to the probate court of the county in which said society is situated, at a time and place named in such notice, for an order as hereinafter set forth. Sec. 3725-2. [Order of probate court making general agent of society guardian of child.] At the time set forth in said notice, if it shall appear to the satisfaction of the probate judge, that it is for the best interest of said child that possession and control thereof taken from said parent or other person having control or possession thereof, said probate judge shall make an order conferring upon the general agent of said society the powers of a guardian as to such child ; [Guardian to provide home for child.] And, as such guardian, said general agent may, with the approval of the probate judge, pro- vide a suitable home for such child until said child reaches the age of majority or until such time as the probate judge may be satisfied that the parent or parents of said child are in a position to properly provide and care for said child. FARM LABORERS" ASSOCIATIONS. Sec. 3843. [Farm laborers' associations.] No association incor- porated for the purpose of promoting the interests of agriculture, and for the relief of distressed farm laborers, or their widows and orphans, whether such widows and orphans are members of such association or not, and for any other charitable purpose, shall take or hold any real estate, except such as may be actually occupied in the exercise of its legitimate business, and such as it may acquire in security for or satisfaction of debts justly due it; but real estate so occupied shall not in any case exceed in value the sum of fifty thousand dollars. oO LAWS RELATING TO AGRICULTURE. Sec. 3844. [What investment it may make.] Such association shall, after paying their expenses, invest their funds exclusively for the purposes mentioned in their articles of incorporation, and may invest the same in mortgages upon real estate, or in county, state, or United States securities; they may in their articles of incorporation, designate the kinds of securities in which their funds shall be invested, in which case no part thereof shall be invested in securities other thaa those named therein; but they shall not make any loan to any of their trustees or officers ; and they may take by gift, subscription, pur- chase, devise, or loan ; but no loan shall be taken for a less term than three years nor for a greater term than twenty years, nor to an amount exceeding one hundred thousand dollars, nor at a rate of interest greater than four per centum, payable semi-annually. Sec. 3845. [Must report to attorney -general.] Eveiy such as- sociation shall make, annually, and transmit to the attorney-general, under the signatures of a majority of the trustees, attested by the clerk, a full and true statement of its condition and aflfairs ; and for any wilful neglect to make such report within one rhonth after its annual meeting, the attorney-general may proceed against such asso- ciation for the forfeiture of its charter for such neglect. Sec. 3846. [Consolidation of two associations.] Any unincor- porated association or society organized for any purpose named in sec- tion thirty-eight hundred and forty-three may be consolidated with an association incorporated for a purpose named therein, by a res- olution of each, adopted by not leSs than two-thirds of its members, at a meeting called for that purpose; such resolutions, and the votes thereon, shall be recorded by the clerk of the corporate association, and the consolidated association shall thereupon assume the name or title of the corporate association, and be entitled to all its privileges ; but the members of the consolidated association shall not be liable for the debts or obligations of the unincorporated association or society. Sec. 3847. [Attorney-general to report annually.] The attor- ney-general shall, annually, report to the general assembly, in a con- densed form, the number and condition of such associations as de- rived from the annual reports of the trustees. Sec. 3848. [May maintain libraries, etc.] All such incorpo- rated associations may keep and maintain libraries, and a museum of art consisting of models of such improved instruments and machin- ery as are best calcuated to promote the interests of agriculture, for the benefit of such associations, under such rules an"d regulations as its members from time to time adopt, and may make all needful by-laws for the good government and regulation of the same. Sec. 3858. [Market-house companies.] A company incor- porated for the purpose of constructing and maintaining a market- house may construct, erect, establish, and maintain, at the place named in its articles of incorporation, a suitable building or buildings LAWS RELATING TO AGRICULTURE. 81 to be appropriated and used exclusively as a public market-house, ■for the sale and vending of meats, vegetables, and all other kinds of provisions, and of fruits, plants, and flowers, and all other articles commonly sold and vended in public market-houses or spaces, on market days, in market hours. Sec. 3859. [Powers of such companies,] Such companies may rent, lease, sell, or dispose of stalls, cellar vaults , or other divisions or spaces in their buildings in such manner, and upon such terms and conditions, as the directors shall determine; but a uniform rule in renting or leasing such stalls, cellar vaults, or other divisions or spaces, shall be established, printed and hung in conspicuous places in the buildings, and the same may be changed, from time to time, by the directors thereof; and no preference shall be made, by anv variation or difference in rates or prices, in favor of citizens of the city or village wherein the buildings are erected, and against far- mers, butchers, or producers not residing in such city or village, and no rule, regulation, order, or condition shall be made or exacted by any company to prevent farmers, butchers, or other persons from disposing of their produce, meats, vegetables, or other articles, in such quantities and upon such terms as they may deem proper; but such companies shall prohibit and prevent in their buildings the use of false weights or measures, the exposure or sale of any diseased or decaying meats or vegetables, any any off^ensive or injurious articles. Sec. 4183. [County auditor to take possession of and sell es- cheated lands.] Any real property escheated to the state, except in a city of the first grade of the first class, shall be taken possession of, in the name of the state, by the auditor of the county in which it is found, and by him sold at public auction, at the county seat of the county, to the highest bidder, after having given thirty days' notice of such intended sale, in some newspaper printed within the county. Sec. 4184. [Appraisal, terms of sale, and deed.] The court of common pleas shall, on the application of the county auditor, appoint three disinterested freeholders of the county, to appraise such real property, who shall be governed bj;' the same rule as appraisers in sherififs' or administrators' sales ; and the auditor shall sell such property at not less than two-thirds its appraised value, and may, in his discretion, sell the same for cash, or for one-third cash, and the balance in equal annual payments, the deferred payments to be ampl}'^ secured; upon the payment of the whole amount of consideration money, he shall execute a deed to the purchaser, in the name and on behalf of the state of Ohio; and the proceeds of such sales shall be paid by the auditor to the county treasurer. Sec. 4185. [When lands sold, how proceeds disposed of.] The county treasurer shall pay the proceeds, not exceeding six hundred dollars in any case, of a sale of escheated lands to the regularly or- ganized agricultural society within the county, and the excess of such proceeds, or the whole thereof, if there be no such societ}' within the county, to the treasurer of state, as other moneys collected for state purposes, for the use of the state agricultural fund, 6— F. H. B. 82 LAWS RELATING TO AGRICULTURE. Sec. 4200-g. [Regulating sale of milk; penalty.] Whoever, by himself or by his servant, or agent, or as the servant or agent of any other person, sells, exchanges, or delivers, or has in his custody or possession with intent to sell or exchange, or expose or offers for sale or exchange, adulterated milk, or milk to which water or any foreign substance has been added, or milk from diseased or sick cows, shall, for a first offense, be punished by a fine of not less than fifty nor more than two hundred dollars; lor a second offense, by fine of not less than one hundrea dollars nor more tnan tnree nundred dollars, or Ij}- imprisonment 111 the work-house for not less than thirty nor more than sixty days ; and for a subsequent ottense, by fine ot fifty dollars, and by imprisonment in the work-house of not less than sixty nor more than ninety daj's. Sec. 4200-10. [Pure milk; penalty.] Whoever, by himself or by his servant, or agent, or as the servant or agent of any other per- son, sells, exchanges or delivers, or has in his custody or possession, with intent to sell or exchange, or exposes or offers tor sale as pure milk, any milk from jwhich the cream or part thereof has been rernoved, shall be punished by the penalties provided in the preceding section. Sec. 4200-11. [Skimmed milk; penalty.] No dealer in milk, and no servant or agent of such a dealer, shall sell, exchange, or deliver, or have in his custody or possession, with intent to sell, ex- change or deliver, milk from which the cream or part thereof has been removed, unless- in a conspicuous place, above the center, upon the outside of every vessel, can or package, from which or in which such milk is sold, the words "skimmed milk" are distinctly marked in uncondensed gothic letters not less than one inch in length. Who- ever violates the provisions of this section shall be punished by the penalties provided in section one (4200-9). Sec. 4200-12. [Adulterated milk defined.] In all prosecutions under this chapter, if the milk is shown upon analvsis to contain more than eighty-eight per cent, of watery fluid, or 'to contain less than 12 per cent, of solids or to contain less than three per cent, of fats, it shall be deemed for the purpose of this chapter to be adul- terated. AN ACT Tt> regulate the testing of milk. Sec. I. [Standard milk measures or pipettes to be used in test- mg milk.] In the use of the Babcock test, the standard milk measures or pipettes, shall have a capacity of 17.6 cubic centimeters; and the standard test tubes or bottles for milk, shall have a capacitv of 2 LAWS RELATING TO AGRICULTURE. H'.'> cubic centimeters for each lo per cent, marked on the necks thereof; the standard unit of cream for testing shall be i8 grams, and it is hereby made a misdemeanor to use anj^ other standards of milk or cream measure Avhere milk or cream is purchased b)' or furnished to creameries or cheese factories and where the value of said milk or cream is determined by the per cent, of butter fat contained in the same by the Babcock test. Sec. 2. [Penalty for selling or offering incorrectly marked measures.] Any manufacturer, merchant, dealer, ur agent in this state who shall offer for sale or sell a milk pipette or measure, test tube or bottle,, which is not correctly marked or graduated, as herein provided, shall be guilty of a misdemeanor, and upon conviction thereof, shal be punished as provided in section four of this act. Sec. 3. [Unlawful to manipulate, under-read or over-read the Babcock test.] It shall be unlawful for the owner, manager, agent, or any employee of a cheese factory, creamery or condensed milk factory or other place where milk is tested for quality or value to manipulate or under-read or over-read the Babcock test or any other contrivance used for determining the quality or value of milk or cream or to make any false determination by said Babcock test or otherwise. Sec. 4. [Penalty.] Whoever shall violate any of the pro- visions of this act shall be guilty of a misdemeanor and upon con- viction thereof, shall be punished by a fine of not less than twenty- five dollars nor more than one hundred dollars. Sec. 5. [When to take effect.] This act shall take effect and be in force sixty days after its passage. Passed April 21, 1904. Approved April 23, 1904. Sec. 4200-13. [Butter and cheese; imitations.] No person, by himself or his agent, or his employe, shall render or manufacture for sale out of any animal or vegetable oils, not produced from un- adulterated milk or cream from the same, an}- article in imitation or semblance of natural butter or cheese produced from pure unadul- terated milk or cream from the same, nor compound with, or add to milk, cream or butter any acids or other deleterious substance, or animal fats or animal or vegetable oils not produced from milk or cream, so as to produce an}- article or substance, or any human food, in imitation or semblance of natural butter or cheese, nor shall sell, keep for sale or offer for sale any article, substance or compound made, manufactured or produced in violation of the provisions of this sec- tion, whether such article, substance or compound shall be made or produced in this state or elsewhere. Sec. 4200-14. ["Natural butter and cheese," etc., defined; oleo- margarine.] For the purpose of this act the terms "natural butter ter and cheese," "natural butter or cheese produced from pure un- 84 LAWS RELATING TO AGRICULTURE. adulterated milk or cream from the same, butter" and cheese made from unadulterated milk or cream, butter or cheese, the product of the dairy," and butter or cheese shall be understood to mean the products usually known by the terms butter and cheese, and which butter is manufactured exclusively from pure milk or cream or both, with salt and with or without any harmless coloring matter, and which cheese is manufactured exclusively from pure milk or cream or both, with salt and rennet and with or without any harmless coloring mat- ter or sage. It is further provided that nothing in this act shall be construed to prohibit the manufacture or sale of oleomargarine, in a separate and distinct form, and in such manner as will advise the consumer of its real character, free from any coloring matter or other ingredient causing it to look like or to- appear to be butter, as above defined. Sec. 4200-15. [Penalty.] Whoever violates the provisions of this act shall be guilty of a misdemeanor, and be punished by a fine of not less than one hundred dollars, nor more than five hundred, or not less than six months' nor more than one year's imprisonment, for the first offense, and" by imprisonment for one year for each sub- sequent offense. Sec. 4200-16. [Oleomargarine; restrictions.] No person shall manufacture, offer or expose for sale, sell or deliver, or have in his possession with intent to sell or deliver, any oleomargarine which contains any methly [methyl] orange butter yellow, annatto, analine dye, or any other coloring matter. Sec. 4200-17. [Placards to be displayed by dealers.] Every person who shall ofTer or expose for sale, sell or deliver or have in his possession with intent to sell or deliver, any oleomargarine, shall keep a white placard not less in size than ten by fourteen inches, in a conspicuous place where the same may be easily seen and read, in the store, room, stand, booth, vehicle or place where such substance is offered or exposed for sale, on which placard shall be printed in black letters, not less in size than one and one-half inches square, the words "oleomargarine sold here;" and said placard shall not contain any other words than the ones described: and no person shall sell or deliver any oleomargarine unless it be done under its true name and each package has on the unper side there- of a label on which is printed in letters not less than five-eighths of an inch square, the word "oleomargarine," and in letters not less than one-eighth of an inch square, the name and per cent, of each ingredient therein. Sec. 4200-18. [Placards to be displayed by hotel proprietors and others.] Every proprietor, keeper, manasfer or person in charge of any hotel, boat, railroad car, boardmg-house, restaurant, eating- house, lunch-cnnnter or Uinch-room, who therein sells, uses', serves furnishes or disposes of or uses in cooking, any oleomargarine, shall display and keep a white placard in a conspicuous place, where the same may be easily seen and read, in the dining-room, eating-room. LAWS RELATING TO AGRICULTURE. 85 restaurant, lunch-room or place where such substance is furnished, served, sold or disposed of, which placard shall be in size not less than ten by fourteen inches, upon which shall be printed in blacK letters, not less in size than one and a half inches square, the words "oleomargme sold and used here," and said card shall not contain any other words than the ones above described, and such proprietor, keeper, manager or person in charge shall not sell, serve or dispose of such substance as for butter when butter is asked for or purported to be furnished or served. Sec. 4200-19. [Oleomargarine defined.] The word "oleomar- garine" as used in this act shall be construed to mean any substance, not pure butter of not less than eighty per cent, of butter-fats, which substance is made as substitute for, in imitation of, or to be used as butter. Sec. 4200-20. [Penalty.] Any manufacturer who violates any of the provisions of this act shall, upon conviction thereof, be fined in any sum not less than one hundred dollars nor more than five hun- dred dollars; and for each subsequent offense, in addition to the above fine, may be imprisoned in the county jail not more than ninety days. Any other person violating any of the provisions of this act shall, upon conviction thereof, be fined not less than fifty dollars nor more than one hundred dollars. Sec. 4200-21. [Branding of "filled cheese" and "skimmed cheese."] Whoever, by himself or his agents, sells, exposes for sal % or has in his possession with intent to sell, any article, substance, or compound made in imitation or semblance of cheese, or as a sub- stitute for cheese, and not made exclusively and wholly of milk or cream with salt, rennet, and with or without harmless coloring mat- ter or containing any fats, oils or grease not produced from milk or cream, shall have the words "filled cheese," and all cheese made exclusively and wholly from milk or cream with salt, rennet, and with or without harmless coloring matter, and containing less than thirty per cent, of pure butter fat, shall have the words "skimmed cheese," stamped, labeled, or marked, in printed letters of plain ua- condensed gothic type, not less than one inch in length, so that the words cannot easily be defaced, and upon the side of every cheese, cheese cloth or band around the same, and upon the top and side of every tub, firkin, box or package containing any of said article, sul)- stance, or compound. And in case of retail sales of any of said article, substance or compound, not in the original package, the sellc- shall, by himself or his agents, attach to each package so sold, and shall deliver therewith to the purchaser, a label or wrapper bearing in a conspicuous place upon the outside of the package the words "filled cheese" or "skimmed cheese," as the case may be, in printed letters of plain, uncondensed gothic type, not less than one inch in length. Sec. 4200-2. [Penalty for violating preceding section.] Who- ever, by himself or his agents, sells, exposes for sale, or has in his 86 LAWS RELATING TO AGRICULTURE. possession with intent to sell, any article, substance, or compound made in imitation or semblance of cheese or as a substitute for cheese, except as provided in section i (4200-21) of this act, and who- ever with intent to deceive, defaces, erases, cancels , or removes any mark, stamp, brand, label or wrapper provided for in said section, or in any manner shall falsely label, stamp or mark any box, tub, article, or package marked, stamped or labeled as aforesaid, shall be pun- ished by a fine of not less than fifty nor more than one hundred dol- lars, or by imprisonment in the county jail not less than ten nor more than thirty days for the first offense, and by a fine of not less than one hundred nor more than two hundred dollars, or by imprison- ment rn the county jail not less than twenty nor more than sixty days, or both for each subsequent offense. Sec. 4200-23. [Penalty for selling or offering imitation when cheesie is called for.] Whoever, by himself or his agents, sells, ex- poses for sale, to any person who asks, sends or inquires for cheese, i.ny article, substance or compound made in imitation or semblance of cheese, or as a substitute for cheese, not made entirely from nii'k or cream, with salt, rennet, and with or without harmless coloring m.itter, and containing not less than thirty per cent, pure butter fat, shall be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment in the county jail not. less than ten or more than thirty days for the first offense, and by a fine of not less than one hundred nor more than two hundred dollars, or by im- prisonment in the county jail not less than twenty nor more than sixty days, or both, for each subsequent offense. Sec. 4200-24. [Penalty for selling, etc., imitation without proper brands and placard.] Whoever, by himself or his agents, sells or offers for sale, any article, substance, or compound made in imitation or semblance of cheese, or as a substitute for cheese not made entirely from milk or cream, with salt, rennet, and with or without harmless coloring matter, not marked and distinguished by all the marks, words and stamps required by this act, and not having in addition thereto' upon the exposed contents of every opened tub, box, or parcel thereof, a conspicuous placard with the words "filled cheese" or "skimmed cheese" as the case may be printed thereon in plain, un- condensed letters, not less than one inch long, shall be punished by a fine of not less' than fifty nor more than one hundred dollars, or by imprisonment in the county jail not less than ten or more than thirty days for the first offense, and by a fine of not less than one hundred nor more than two hundred dollars, or by imprisonment in the county jail not less than twenty nor more than sixty days, or both, for each subsequent offense. Sec. 4200-25. [Posting of placard at place of business.] Who- ever, by himself or his agents, sells "filled cheese," or "skimmed cheese" or any substance made in imitation or semblance of cheese, or as a substitute for cheese, not made entirely from milk or cream, with salt, rennet, and with or without harmless coloring matter, from any dweUing, store, oflke or public mart, shall have conspicuously LAWS RELATING TO AGRICULTURE. 87 posted thereon the placard or sign, in letters not less than four. inches m length "filled cheese sold here," or "skimmed cheese sold here" as the case may be. Any person neglecting or failing to post the pla- card herein provided tor shall be punished by a fine of one hundred dollars -for the first ofifense, and by a fine of one hundred dollars for each day's neglect thereafter. Sec. 4200-26. [Placard on sides of vehicle.] Whoever, by him- self or his agents, peddles, sells, solicits orders for the future deliverv of, or delivers from any cart, wagon or other vehicle, upon the public streets or ways, "filled cheese," or "skimmed cheese" or any substance made in imitation or semblance of cheese, or as a substitute for cheese, not made entirely from milk or cream, with salt, rennet, and with or without harmless coloring matter, not having on both sides of said cart, wagon, or other vehicle, the placard in uncondensed gothic let- ters not less than three inches in length, "filled cheese," or "skimmed cheese," shall be punished by a fine of not less than fifty nor more than one hundred dollars or by imprisonment in the county jail not less than ten nor more than thirty days for the first offense, and by a fine of not less than one hundred nor more than twO' hundred dollars or by imprisonment in the county jail not less than twenty nor more than sixty days, or both, for each subsequent offense. Sec. 4200-27. [Notice to guests, etc.] Whoever, by himself, or his agents, furnishes, or causes to be furnished, in any hotel, rev taurant, or [at] any lunch-counter "filled cheese," or "skimmed cheese" or any substance made in imitation or semblance of cheese, or as a substitute for cheese, not made entirely from milk or cream, with salt, rennet, and with or without harmless coloring matter, to ^ny guest or patron of said hotel, restaurant, or lunch-counter, in the place or stead of cheese, shall notify said guest or patron that the substance so furnished is not cheese, and any person so furnish- ing without said notice, shall be punished by a fine of not less than ten nor more than fifty dollars for each offense. Sec. 4200-28. [Branding.] Every manufacturer of full milk cheese may put a brand upon each cheese so manufactured indicat- ing "full milk cheese," with the date and year when made, and no person shall use such a brand upon any cheese made from milk from which any of the cream has been taken. The food and dairy com- missioner shall procure and issue to the cheese manufacturers of the state, upon proper application, which application shall be made on or before the first day of April, 1896, and on or before the first day of "April, of each year thereafter, and under such regulations as to the custody and use thereof, as he may describe, a uniform stencil brand bearing a suitable device or motto, and the words, "Ohio state full cream cheese." Every such brand shall be used upon the outside of the cheese, cheese-cloth or band around the same, and upon the box or package containing the same, and shall bear a separate num- ber for each separate factory. The said commissioner shall keep a book in which" shall be registered the name, location and number of each manufacturer using the brand, and the name or names of the 88 LAWS RELATING TO AGRICULTURE. person or persons in each factory authorized to use the same. No such brand shall be used upon any other but full cream cheese or packages containing the same ; provided, that nothing in this section shall be construed to prohibit the manufacture and sale of pure skimmed cheese made from milk that is clean, pure, healthy, whole- some, and unadulterated except by skimming. The commissioner shall receive a fee of one dollar for each registration according to the provisions of this section, such fee to be paid by the person apply- ing for such registration. Whoever, by himself or his agents, violates any of the provisions of this section, shall be punished by a firie of not less than fifty nor more than one hundred dollars or by imprison- ment in the county jail not less than ten nor more than thirty days for the first offense, and by a fine of not less than one hundred nor more than two hundred dollars or by imprisonment in the county jail not less than twenty nor more than sixty days, or both for each subsequent offense. Sec. 4200-29. ["Person" defined.] The word "person" as used in this act, shall include persons, corporations and companies. Sec. 4200-30. [Restrictions on sale of artificial dairy products.] That no person shall sell, expose or offer for sale or exchange, any substance purporting, appearing, or represented to be butter or cheese, or having the semblance of either butter or cheese, which substance is not made wholly from pure milk, or cream, salt and harmless coloring matter, unless it is done under its true name, and each vessel, package, roll or parcel of such substance has distinctly and durably painted, stamped, stenciled or marked thereon the true name of such substance in ordinary bold faced capital letters, not less than five line pica in size, and also the name of each article or ingredient used or entering into the composition of such substance, in ordinary bold faced letters, not [less] than pica in size, or sell or dispose of in any manner to another any such substance, without delivering with each amount sold or disposed of, a label on which is plainly or legibly printed in ordinary bold faced capital letters, not less than five line pica in size, the true name of such substance, and also the name of such articles used and entering into the com- position of such substance in ordinary bold faced letters, not less than pica in size, if the same be not made wholly from pure milk, or cream, salt and harmless coloring matter ; and the words "butter," "creamery," or "dairy," or any word or combination of words embracing the same, shall not be placed on any vessel, package, roll or parcel containing any imitation dairy product or substance not made wholly from pure milk, or cream, salt, and harmless coloring matter. Sec. 4200-31. [Restrictions on manufacture of.] No person or persons shall manufacture out of any oleaginous substance or sub- stances, or any compound of the same other than that produced from unadulterated milk or cream, salt and harmless coloring matter, anv article designed to be sold as butter or cheese made from pure milk or cream, salt and harmless coloring matter. Nothing in this section shall prevent the use of pure skimmed milk in the manufacture of cheese. LAWS RELATING TO AGRICULTURE. 89 Sec. 4200-32. [Further restrictions on manufacture; sale of, etc.] No person or persons shall manufacture, mix, compound with or add to natural or pure milk, cream, butter or cheese, any animal fats, animal, mineral or vegetable oils, nor shall any person or per- sons manufacture any oleaginous or other substance not produced from pure milk or cream, salt and harmless coloring matter, or have the same in his possession, or offer or expose the same for sale or exchange with intent to sell or in any manner dispose of the same as and for butter and cheese made from unadulterated milk or cream, salt and harmless coloring matter, nor shall any substance or com- pound so made be sold or disposed of to any one as and for butter or cheese made from pure milk or cream, salt and harmless coloring matter. Sec. 4200-33. [False brands and labels.] No person or per- sons shall sell, exchange, expose or offer for sale or exchange, dis- pose of or have in his possession any substance or article made in imitation or resemblance of, or as a substitute for any dairy product which is falsely branded, stenciled, labeled or marked as to the place where made, the name or cream value thereof, its composition or in- gredienl.s, or in any other respect. Sec. 4200-34. [Brands, continued; skimmed milk cheese.] No person or persons shall sell, exchange, expose or offer for sale or ex- change, dispose of or have in his possession any dairy products which are falsely branded, stenciled, labeled or marked as to the place where made, date of manufacture, the name or cream value thereof, composition or ingredients, or in any other respect, and cheese wholly made from skimmed milk shall have branded upon the box or can "made from skimmed milk." Sec. 4200-35. [Card to be displayed by dealers in artificial dairy products; sale of less than original package.] Every person in this state who shall deal in, keep for sale, expose or offer for sale or exchange, any substance other than butter or cheese made wholly from pure milk or cream, salt and harmless coloring matter, which appears to be, resembles, or is made in imitation of, or as a substi- tute for butter or cheese, shall keep a card not less in size than ten by fourteen inches, in a conspicuous and visible place where the same may be easily seen anid read in the store, room, stand, booth, wagon or place where such substance is, on which card shall be printed, on a white ground, in bold, black, Roman letters, not less in size than twelve line pica, the words, "oleomargine" or "imitation cheese" (as the case may be), "sold here," and said card shall not contain any other words than the ones above prescribed; and no person shall sell any oleomargarine, suine, imitation cheese, or other imitation dairy product, at retail or in any quantity less than the original package, tub or firkin, unless he shall first inform the pur- chaser that the substance is not butter or cheese, but an imitation of the same. Sec. 4200-36. [Card to be displayed by keepers of hotels, res- taurants, etc.] Every proprietor, keeper, or manager, or person in 90 LAWS RELATING TO AGRICULTURE. charge of any hotel, boarding house, restaurant, eating house, lunch counter, or lunch room, who therein sells, uses, or disposes of any substance which appears to be, resembles, or is made in, or as an imitation of, or is made as a substitute for butter or cheese, under whatsoever name, and which substance is not wholly made from pure milk or cream, salt, and harmless coloring matter, shall display and keep a card in a conspicuous place, where the same may be easily seen and read in the dining, eating, restaurant, and lunch room, and place where such substance is sold, used, or disposed of, which card shall be white and in size not less than ten by fourteen inches, upon which shall be printed in plain, bold, black Roman letters, not less in size than twelve line pica, the words "oleomargine sold and used here," or "imitation cheese sold and used here" (as the case may he), and said card shall not contain any other words than the ones above described, and such proprietor, keeper, manager, or person in charge shall not sell, furnish, or dispose of such substance as and for "butter and cheese," made from pure milk or cream, salt, and harmless col- oring matter, when butter or cheese is asked for. Sec. 4200-37. [Fraudulent shipments.] No person or persons shall pack, box, inclose, ship or consign any substance, as butter or cheese made from pure milk or cream, salt, and harmless coloring matter, in such a manner as to. conceal an inferior article by placing a finer grade of butter or cheese upon the surface of the same. Sec. 4200-38. [Sale of diluted milk; false accounts.] No per- son, or persons shall sell to any person, or deliver or carry or cause to be carried to any cheese or butter factor)^ to be manufactured, any milk diluted with water or in any way adulterated, or from which any cream has been taken, or milk commonly known as "skimmed milk," or milk from which [the] part known as "strippings'' has been with- held with the intent to defraud, or keeps or renders any false account of the quantity or weight of milk furnished at or to any factory for manufacture or sold to any manufacturer. Sec. 4200-39. [Impure and skimmed milk.] No person or per- sons shall sell, exchange, or offer for sale or exchange, any unclean, impure, unhealthy, unwholesome milk, or sell, exchange , or oflfer for sale or exchange as "pure milk," milk diluted with water or milk known as skimmed milk. Sec. 4200-40. [Milk falsely labeled, etc.] No person or persons shall sell, exchange, expose, or oflfer for sale or exchange, have in his possession or dispose of in any manner, any milk which is falsely branded, labeled, marked or represented as to grade, quantity or place where produced or procured. Sec. 4200-41. [Cows unhealthily fed, etc.] No person shall keep cows for the production of milk for any purpose, in a cramped or unhealthy condition, or feed them on unhealthy food, or upon food that produces impure, unhealthy' nr unwholesome milk. LAWS RELATING TO AGRICULTURE. ill Sec. 4200-42. [Condensed milk.] No person shall manufacture, sell, exchange, expose or offer for sale or exchange, any condensed milk, unless the package, can or vessel containing the same shall be distinctly labeled, stamped or marked with its true name, brand, by whom and under what name made, and no condensed milk shall be made, exchanged, exposed or offered for sale or exchange, unless the same be made from pure, clean, healthy, fresh unadulterated and wholesome milk, from which the cream has not been removed, or un- less the proportion of milk solids contained in the condensed milk shall be in amount the equivalent of twelve per centum of milk solids in c'rude milk, and of such solids twent^-fiYe per centum shall be fat. Sec. 4200-43, [State institutions.] Xo butter or cheese not made wholly from pure milk or cream, salt and harmless coloring matter, shall be used in any of the charitable or penal institutions of the state. Sec. 4200-44. [Penalties.] Any person or persons violating any of the provisions or sections of this act shall, upon conviction thereof, be fined not less than fifty or more than two hundred dollars for the first offense, or for each subsequent offense not less than one hundred dollars or more than five hundred dollars, and be im- prisoned not less than ten days or more than ninety days, or both. Sec. 4200-50, [Adulterated vinegar; its manufacture and sale forbidden.] No person shall manufacture for sale, offer or expose for sale, sell or deliver, or have in his possession with intent to sell or deliver, any vinegar not in compliance with the provisions of this act. No vinegar shall be sold as apple, orchard or cider-vinegar which is not the legitimate product of pure apple-juice, known as apple-cider; or vinegar not made exclusively of said apple-cider; or vinegar into which foreign substance, drugs or acids have been introduced, as may appear upon proper test, and upon said test shall contain not less than two per cent, by weight, of cider-vinegar solids upon full evap- oration at the temperature of boiling water. Sec. 4200-51. [Fermented and distilled vinegars.] All vine- gar made by fermentation and oxidation without the intervention of distillation shall be branded "fermented vinegar," with the name of the fruit or substance from which the same is made. And all vinegar made wholly or in part from distilled liquor shall be branded "dis- tilled vinegar," and all such distilled vinegar shall be free from col- oring mater added during or after distillation and from color other than that imparted to it by distillation. And all fermented vinegar not distilled shall contain not less than two per cent., by weight, upon full evaporation (at the temperature of boiling water), of solids, contained in the fruit or grain from which said vinegar is fermented, and said vinegar shall contain not less than two-and-a-half-tenths of one per cent, ash or mineral matter, the same being the product of the material from which said vinegar is manufactured. And all vinegar shall be made wholly from the fruit or grain from which it purports to be or is represented to be made, and shall contani no foreign sul)stance, and shall contain not les^ than four per cent., by weig-ht, of absolute acetic acid. 92 LAWS RELATING TO AGRICULTURE. Sec. 4200-52. [Injurious ingredients; branding.] No person shall manufacture for sale, offer for sale, or have in his possession with intent to sell, any vinegar found upon proper test to contain any preparation of lead, copper, sulphuric or other mineral acid, or other ingredients injurious to health. And all packages containing vinegar shall be branded on the head of the cask, barrel or keg containing such vinegar, or if sold in other packages that each package be plainly marked with the name and residence of the manufacturer, together with brand required in sectioni two (4200-51) hereof. Sec. 4200-54. [Penalty.] Whoever violates any of the provi- sions of this act shall, upon conviction, be fined not less than fifty dollars nor more than one hundred dollars, or imprisoned not less than thirty days nor more than one hundred days, or both, and shall be ad- judged to pay, in addition, all necessary costs and expenses incurred in inspection and analyzing such vinegar. [Brands on casks of vinegar.] Every person making or manu- facturing cider vinegar, who is not a domestic manufacturer of cider or cider vinegar, shall brand on each head of the cask, barrel or keg containing such vinegar, the name and residence of the manufacturer, the date when same was manufactured, and the words "cider vinegar." And no vinegar shall be branded "fruit vinegar" unless the same be made wholly from apples, grapes, or other fruit. [Manufacturing farmer.] Provided, that nothing in this bill shall be construed to prevent any farmer from manufacturing for his own private use, or offering for sale, not to exceed twenty-five barrels in any one year, pure cider or other fruit vinegar, branding the same "do- mestic cider vinegar," with name and date of manufacture, and when so branded, shall be sufficient guarantee of its purity. Sec. 4200-55. [Penalties.] Whoever violates any of the provi- sions of this act shall, upon conviction, be fined not less than fifty dollars, nor more than one hundred dollars or imprisoned not less than thirty days, nor more than one hundred days, or both, and shall be adjudged to pay in addition all necessary costs and expenses incurred in inspecting and analyzing such vinegar. And all vinegar not in ac- cordance with this act shall be subject to forfeiture and spoliation. Sec. 4200-62. [Maple sugar and syrup defined.] That maple sugar, or pure maple sugar, and maple syrup, or pure maple syrup, shall be the unadulterated product produced by the evaporation of pure sap from the maple tree. Sec. 4200-63. [Standard of weight of maple syrup; adultera- tion.] The standard of weight of a gallon of maple syrup of 231 cubic inches in the state of Ohio, shall be eleven pounds. Any other sub- stance mixed with maple sugar or maple syrup or any other substance purporting to be maple sugar or maple syrup shall be deemed to be an adulteration within the meaning of the laws of the state of Ohio, providing against the adulteration of food. LAWS RELATING TO AGRICULTURE. 93 AN ACT To supplement and amend an act entitled "An act to define maple sugar and maple syrup, to provide against the adulteration thereof, and to provide for the standard of weight of maple syrup," passed April 16, 1900. (Sec. 4200-62 and Sec. 4200-63 R. S.) Sec. I. [Adulteration.] That an act entitled "An act to define maple sugar and maple syrup, to provide against .the adul- teration thereof, and to provide for the standard weight of maple syrup," passed April i6, 1900, be and the same is hereby amended and supplemented to read as follows : Sec. I. [Maple sugar and syrup defined.] That maple sugar, or pure maple sugar, and maple syrup, or pure maple syrup, shall be the unadulterated product produced by the evaporation of pure sap from the maple tree. Sec. 2. [Standard of weight of maple syrup ; adulteration, what is.] The standard of weight of a gallon of maple syrup of 231 cubic inches in the state of Ohio, shall be eleven pounds. Any other sub- stance mixed with maple sugar or maple syrup or any other substance purporting to be maple sugar or maple syrup or maple syrup of less weight than eleven pounds to the gallon of 231 cubic inches shall be deemed to be an adulteration of such substance. Sec. 3. [Unlawful to sell adulterated maple sugar or syrup.] Any person who shall manufacture for sale, offer for sale, or have in his possession with intent to sell, or sell or deliver as and for maple syrup or maple sugar any adulteration of maple syrup or maple sugar as herein defined shall, upon conviction, be punished as provided in sec- tion 6 of this act. Sec. 4. [Package must bear label of packer; what label to con- tain.] Any person who shall offer for sale, have in his possession with intent to sell, or sell or deliver as and for maple syrup, or as and for maple sugar, any articles which do not bear the name and address of the packer and also the state, territory or coun- try in which the goods were produced, in plain legible type upon the label, shall, upon conviction, be punished as provided in section 6 of this act. Sec. 5. [Fraudulent use of word "Maple."] Any person who shall offer for sale, have in his possession with intent to sell, or sell or deliver any adulteration of maple syrup or maple sugar in any box, can, bottle or other package having the word "Maple" or any compounding of this word, as the name or part of the name of the syrup or sugar or any device or illustration suggestive of maple syrup or sugar or the man- 94 LAWS RELATING TO AGRICULTURE. iifacture thereof, shall, uijon conAiction, be punished as provided in section 6 of this act. Sec. 6. [Penalty.] Any person who violates any of the pro- visions of this act shall be guilty of a misdemeanor and upon convic- tion shairbe fined not less than fifty nor more than two hundred dol- lars and shall pay the costs of prosecution. Passed IVfarch 24, 1904. Approved March 24, 1904. RUNNING AT LARGE. Sec. 4201. [What animals shall not run at large ; penalties against owner.] The owner or keeper of a stallion, jack, bull, boar, or buck, , shall not allow the same to go or be at large, out of his own inclosure, under penalty of ten dollars for the first offense, and of twenty-five dol- lars for each and every subsequent offense, to be recovered by civil action, in the name of the state of Ohio, before a justice of [the] peace of the township in which such owner or keeper, or either of them may reside ; and such penalty shall be for the benefit of, and, when collected paid into the common school fund of the township in which the suit is brought; but such suit shall be brought within sixty days after such animal is found to be at large. Sec. 4202. [Certain animals not to run at large; penalty.] No person or corporation being the owner or having the charge of an}' horses, mules, cattle, sheep, goats, swine, dogs or geese shall suffer the same to run at large in any public road or highway, or in any street, lane or alley, or upon any uninclosed land or cause such animals to be herded, kept or detained for the purpose of grazing the same on prem- ises other than those owned or occupied by the owner or keeper of such animals, except as hereinafter provided ; and any person violating the provisions of this section shall forfeit and pay for every such viola- tion, as penalty therefor, not less than one dollar, nor more than five dollars ; continued violation after notice, or prosecution, shall be held to be an additional offense for each and every day of such continuance. Sec. 4203. [County commissioners may grant permission for animals to run at large ; duties of road supervisors as to animals run- ning at large.] General permission may be granted by the commis- sioners of any county for any animal named in the preceding section to run at large in their respective counties ; in counties where there is no general permission, township trustees may grant special permits di- rected to individuals, and for particular animals described therein, re- vocable at the discretion of the township trustees upon three days' notice, in writing, to the owner of such animal ; and such permission whether general or special shall terminate on the first Monday of March in each year; but jio permit shall be granted for any swine to run at large ; and in case any person shall permit any swine belonging to him, or being under his control, to run at large he shall thereby be deprived of the benefit of any permit issued to him, as to any domestic animals whatsoever, and also of the benefits of any general permit LAWS RELATING TO AGRICULTURE. 95 issuedby the counU- commissioners, and be subject to all the fines and penalties hereinafter provided; and it is hereby made the duty of all road supervisors upon view or information to cause all swine found running at large upon roads within their respective districts to be im- pounded and such further proceedings had as required by other sec- tions of this chapter, and if any such road supervisor shall fail or refuse tp perform such duty he shall be fined not less than two, nor more than live dollars for each and every offense, to be collected and applied a.s provided in section forty-two hundred and four and the trustees of the township are hereby authorized and required to retain any unpaid costs or fines from any sum that may be due and unpaid to such supervisor for services rendered in his official capacity. Sec. 4204. [How penalties collected, and disposition thereof.] All suits to recover the penalties provided for in section forty-two hun- dred and tico, shall be brought in the name of the state of Ohio, on complaint of a person feeling aggrieved, before a justice of the peace, or other court having jurisdiction where the offense is committed; the party offending shall, on conviction, pay the amount of penalties ad- judged, with costs; and all money collected as penalties shall be paid into the treasury of the township where the offense was committed, lor the use of common schools therein. Sec. 4205. [Suit for penalty not to be commenced without no- tice.] No prosecution shall be commenced to recover the penalties named in section forty-two hundred and t-wo until at least one day's notice has been given to the owner or person having charge of such animal, as the case may be, and it shall be a sufficient defense to such prosecution to show that such animal was at large without the knowl- edge of such owner or keeper, and without his fault. Sec. 4206. [Owner of animal liable for damages.] The owner, or anv person having in charge any animal described in section forty- two hundred and two, allowing the same to run at large in violation thereof, shall be liable for all damages done by such animal upon the premises of another, without reference to the fence which may inclose the premises ; but nothing herein shall be so construed as to render an owner or keeper of an animal mentioned in section forty-tzvo hun- dred and two, liable for damages arising to a railroad. Sec. 4207. [Animal running. at large may he treated as estray; penalty.] A person finding an animal mentioned in section forty-tz^^o hundred and tzvo, at large, contrary to the provisions of this chapter mav, and anv constable of any township, or any supervisor of roads in any township, or marshal or constable of any city or village, on view or information, shall take up and confine the ^ame, forthwith giving notice thereof to the owner, if known, and if not known, bv posting notices describing such animals therein, in at least three public places within the township ; and if the owner does not appear and claim his property, and pay all charges for taking up, advertising, and keeping the same, within ten days from the date of the notice, the animals may be proceeded with under the laws regulating estrays ; the mere act of anv such animal running at large in or upon any of the places men- % LAWS RELATING TO AGRICULTURE. tioned in section forty-two hundred and two, shall be prima facie evidence that such animal is so running at large contrary to the provis- ioiis thereof, but if it be proven that such animal escaped from the owner or keeper thereof, without his knowledge or fault, then it shall be given up to the owner or keeper, upon payment of a reasonable compensation for taking up and keeping the same. And if any con- stable, supervisor or marshal, above named, shall, wilfully neglect to perform any of the duti:s above required, he shall be fined not more than twenty-five dollars ($25.00), or imprisoned not more than ten days or both. Sec. 4208. [Fees for taking up animals.] The person or officer taking up any such animal shall be entitled to charge and receive from the owner the following fees in addition to those authorized by thelaw regulating estrays, to-wit : For taking up and advertising each animal of the horse or mule kind, one dollar; each head of neat cattle, seventy- five cents ; each swine, fifty cents ; each sheep, dog or goose, twenty- five cents; and also, reasonable pay for keeping the same; provided, that for the taking up of any single herd or flock, the fee shall not exceed five dollars, whenever the flock or herd belongs to one person. Sec. 4209. [Pounds.] The trustees of any township may pro- cure or construct an inclosure or pound, wherein animals taken up under the provisions of this chapter may be confined; and the trustees may appropriate from the township funds an amount not exceeding one hundred dollars for that purpose. If the trustees of any township fail to build or erect such pound or inclosure, any owner or lessee of land in the township where the stock is found running at large, con- trary to law, may detain or keep the same in any field, pen or stablj, which shall be the same in eflfect as though the stock were impounded in a pound erected by the township trustees, but no stock, running at large, contrary to law, shall be taken up, and confined in any private inclosure where township pounds have been provided according to law. Sec. 4209-1. [Pounds in incorporated villages.] The council of any incorporated village may procure or construct an inclosure or pound wherein animals taken up within the said incorporated vil- lage, under the provisions of section 4207 and 1692 of the Revised Stat- utes, may be confined, and like notices shall be given and like proceed- ings shall be had in such cases as are required by section 4207, Re- vised Statutes; and the council may appropriate from the general fund of such incorporated village an amount not exceeding one hun- dred dollars for said purpose. Sec. 4209-3. [Duties of pound-masters; release of impounded animals.] That any pound-master so appointed finding an animal mentioned in section 4202 of the Revised Statutes of Ohio, at large, contrary tothe provisions of the chapter of which said section 4202 is a part, on view or information shall take up and confine the same with- in the pound under his charge, forthwith giving notice thereof to the owner of such animal, if known, and if not known, by posting a notice describing such animal therein at the gate of such pound, and if said owner does not appear and claim his property and pay all charges LAWS RELATING TO AGRICULTURE. 97 for taking up, advertising and keeping the same within ten (lo) days from the date of said notice, such animal or animals so taken up and confined may be proceeded with under the laws regulating estrays; the mere act of any such animal running at large in or upon any of the places mentioned in said section 4202 shall be prima facie evidence that such animal is so running at large contrary to the provisions thereof, but if it be proven that such animal escaped from the owner or keeper thereof, without his knowledge or fault, then it shall be given up to the owner or keeper thereof upon payment at the rate of fifty cents ($.50) per day of twenty-four hours for keeping the same from the date of taking up until surrendered to the owner. And if any pound- master so appointed shall take any animal named in section 4202 out of an inclosure where the same has been placed by the owner, or shall wilfully neglect to perform any of the duties above required, he shall, upon conviction, be fined not more than twenty-five dollars ($25.00) or imprisoned not more than twenty (20) days or both. Sec. 4209-4. [Fees.] Any of said pound-masters taking up any such animal shall be entitled to charge and receive from the owner or keeper of such animal the fees prescribed by section 4208 of the Revised Statutes of Ohio. PESTS. Sec. 4210. [What cattle infected with disease shall not be brought into state.] No person shall bring into the state of Ohio any cattle infected with the disease commonly known as the "Texas or Spanish fever," or pleuro-pneumonia, rhinderpest, or other contagious diseases or any cattle liable to impart such fever or disease to other cattle; but this section shall not afifect common carriers who are not the owners of cattle. Whoever violates the provisions of this section shall be liable to any person injured by bringing such cattle into the state in the amount of any loss occasioned thereby, in addition to other penalties provided by law. For importing cattle infected witli Spanish fever, see Sec. 7003. Sec. 42 II. [Presumption in actions to recover damages for in- fection.] Whenever any Texas or Cherokee cattle, liable to impart disease, are brought into the state, and any such disease as Texas or Spanish fever makes its appearance within sixty days, and infects other cattle that have been on the same highway, common, or pasture ground traveled over by such Texas or Cherokee cattle with such dis- ease, such fact shall be deemed and taken in action to recover damages as prima facie evidence that such Texas or Cherokee cattle were in- fected with the disease known as the "Texas or Spanish fever," and that they imparted such disease ; and the owner of such Texas or Cher- okee cattle at the time they were brought into the state, and the owner of such cattle at the time the disease makes its appearance, shall be jointly and severally liable for any damages resulting from such dis- ease. 7— F. H. B. 98 LAWS RELATING TO AGRICULTURE. Sec. 4211-1. [Offering bounty for killing ground-hogs.] Any one killing an animal known as the wood chuck or ground-hog, be- tween the first day of March and the first day of November in any one year, shall, on the presentation of the scalp of such animal to the clerk of the township wherein such animal was captured and killed, be en- titled to a certificate to the amount of ten cents for each scalp so pro- duced; provided, that the clerk of the township shall in no case issue such certificate, unless there is at the time of issuing the same, a fund in the township treasury out of which to pay the same, which fund shall have been set apart out of the general fund of the township, or shall have been raised by a levy for such purpose by the township trus- tees, and shall be known as the ground-hog fund, and the trustees of any township may, in their discretion, create such fund, which in no year shall exceed the sum of two hundred dollars, and any amount of such fund which shall remain unexpended upon the first day of December of each year, shall be credited to the general fund of the township. Sec. 4211-2. [How paid.] In any township in which there shall be to the credit of the ground-hog fund any, money, yet unexpended, it shall be the duty of the clerk upon the presentation of the scalp of such animal, to destroy the same and issue his certificate to the per- son entitled to the reward aforesaid, on the treasurer of said township for the amount due such person; the same to be paid out of the "ground-hog fund" of the township; provided, that in each township, no greater amount than two hundred dollars in any one year shall be expended for the purposes herein named; and the trustees shall allow the township clerk a reasonable compensation for the services herein required ; provided, that no scalp shall be redeemed which shall have been taken from an animal captured or killed on the Sabbath day. Sec. 4211-3. [Bounty for the killing of English sparrows.] Ev- ery person being an inhabitant of this state, shall be entitled to receive a bounty of twenty cents per dozen for all sparrows, known as the English sparrow, killed, to be allowed and paid in the manner herein- after provided. Sec. 421 1-4. [Proof required of persons applying for such boun- ty.] Every person applying for such bounty, shall take the heads of such sparrows, in lots of not less than one dozen, to the clerk of the township, village or city, within which such sparrows shall have been killed, who shall thereupon decide upon such application, and if satis- fied of the correctness of such claim, shall issue a certificate stating the amount of bounty to which such applicant is entitled, and shall deliver the same to suchappHcant.andshall destroy the heads of such sparrows; provided, that the clerk of the township, village or city shall in no case issue such certificate unless' there is at the time of issuing the same a fund in the township, village or city treasury out of which to pay the same, which fund shall have been set apart out of the general fund of the township, village or city, or shall have been raised by a levy for such purposes by the township trustees, or by the councils of the vil- lage or city, and shall be known as the sparrow fund, and the township trustees of any township, or the councils of any village or city may, in their discretion, create such fund, which in no year, in any township LAWS RELATING TO AGRICULTURE. 99 or village shall exceed two hundred dollars, and in no city the sum of five hundred dollars ; and any amount of such fund which shall remain unexpended upon the first day of March each 'year may be credited to the general fund of the township, village or city. Sec. 421 1-5. [How paid.] Such certificate may be presented by the claimant or his agent to the city treasurer or the treasurer of the township or village in which such sparrows may have been killed, who shall pay the same out of the fund provided for the payment of such certificates. DISEASES. Sec. 42 1 1-6. [Transportation of cholera-infected hogs.] From and after the passage of this act, it shall be unlawful for any person or persons owning or having charge of any hog or hogs infected with cholera, to transport the same within the borders of this state. Sec. 42 1 1-7. [Liability of violator.] Any person or persons vio- lating the provisions of this act, shall be liable for all damages result- ing from the introduction of such disease thereby, to be recovered by any person so damaged, and shall also be deemed guilty of a misde- meanor, and on, conviction thereof shall be fined in any sum not ex- ceeding five hundred dollars, or be imprisoned in the jail of the county not exceeding six months, or both. Sec. 42 1 1-8. [Common carriers or employes not affected, etc.] This act shall not be construed so as to affect common carriers or their employes, and shall take effect and be in force from and after its passage. Sec. 4211-g. [Board of live stock commissioners; how consti- tuted; duty as to extirpating diseases; officers and rules and regula- tions.] The Ohio state board of agriculture shall be and is hereby constituted the board of live stock commissioners for the promotion and protection of the live stock interests of the state and the preven- tion of the spread of infectious and contagious diseases among domes- tic animals and the extermination of the same; and to cooperate with the bureau of animal industry of the United "States department of agriculture, in the suppression and extirpation of contagious and in- fectious diseases among domestic animals. The board may elect such officers as it may deem necessary, and shall have power in its organ- ization and work to prescribe such rules and establish such regula- tions, not in conflict with law, as it may deem necessary, to secure strict quarantine, and otherwise prevent the spread of infectious and contagious diseases among live stock and extirpate the same so far as it may be able to do. Sec. 4211-10. [Duty as to extirpating diseases.] The board of commissioners are authorized to use all proper means to prevent the spread of dangerous and fatal diseases among domestic animals, and to provide for the extirpation of such diseases ; and in the event of 100 LAWS RELATING TO AGRICULTURE. any such contagious or" infectious disease breaking out in this state, it shall be the duty of all persons owning or having in charge animals infected with the same, to immediately notify said board of commis- sioners, or some member thereof, of the existence of such disease, and thereupon it shall be the duty of said board immediately to cause proper examination thereof to be made by a competent veterinarian ; and if said disease shall be found to be a dangerously contagious or infectious malady, the board shall order the diseased animals, and such as have been exposed to the contagion, to be strictly quarantined in charge of such person as the board, or an authorized member thereof, shall designate, and to order any premises or farms where such dis- ease exists, or has recently existed, to be put in quarantine, so that no domestic animal subject to such disease, be removed from or brought to, the premises or places so quarantined ; and the board shall prescribe such regulations as they may deem necessary to prevent the contagion from being communicated in any way from the premises so quarantined. Sec. 4211-11. [Bodies of dead animals.] The bodies of all dead animals shall be buried or burned by the owners thereof, as provided by law. See §6923a Sec. 4211-12. [An act to suppress dangerously contagious diseases of animals; expenses of quarantining such animals; duty of sheriffs and constables.] That any person having in his possession, or under his care, any animal which he knows, or has reason to believe, i? affected with a dangerously contagious or infectious disease, and does not, without unnecessary delay, make known the same to said board, or to some member thereof, or to the sheriff or constable of the proper county, to be by him communicated to said board, or any per- son or corporation who shall bring into this state, or sell or dispose of any animal, knowing the same to be affected as aforesaid, or any animal having been exposed to such contagion, within three months of such exposure, or shall move the animal so diseased or exposed from the quarantine to which it was ordered by the board of com- missioners, or shall move any animal to or from any district in this state declared to be infected with such contagious disease, or shall bring into this state any animal of the kind diseased from any district outside of the state that may at any time be legally declared to be affected with such disease, without the consent of said board, except under such conditions as are or may be prescribed by said board, shall, upon conviction of either of the aforesaid offenses, be fined in anj' sum not exceeding five hundred dollars. And all proper expense in- curred in the quarantining of animals under the provisions of this act, shall be paid by the owners thereof, and if the same is refused, after demand made by order of the commissioners, an action may be brought to recover the same with costs of suit, which action may be in the name of the state of Ohio, for the use of the board of live stock commissioners. It shall be the duty of all sheriffs and constables to execute within their several counties all lawful orders of the said commissioners. LAWS RELATING TO AGRICULTURE. 101 Sec. 4211-13. [Records of board; report, compensation and ex- penses.] The board of live stock commissioners sliall keep a record of its acts and investigations of diseases of live stock and report the same to the governor on the first Monday of November, annually, and shall publish and distribute such bulletins and reports as may be deemed of general interest and information. The supervisor of public printing shall provide for such printing as the board may deem neces- sary and desirable to benefit the live stock interests of the state, under the same provisions as are made for other state printing. Each mem- ber of said board shall receive for his services the sum of three dollars per day and necessary traveling expenses for each day he is actually engaged in the investigation and eradication of diseases of domestic animals by the direction of the board. Sec. 4211-15. [Proclamation prohibiting importation of dis- eased live stock.] Whenever the governor of the state of Ohio, upon receipt of information from the state board of live stock commis- sioners, shall believe that any dangerous, contagious or infectious dis- ease has become epidemic in certain localities in other states, terri- tories or countries, or that there are conditions which render domestic animals of such infected district liable to convey such disease, he shall by proclamation, prohibit the importation of any live stock of the kind diseased into the state, except under such regulations as may be prescribed by the state board of live stoak commissioners and ap- proved by the governor. Sec. 4211-16. [Appraisement and killing of diseased animals.] When in the opinion of the commissioners it shall be necessary to prevent the further spread of any dangerous, contagious or infectious disease among the live stock of the state, to destroy animals affected with or which have been exposed to any such disease, it shall deter- mine what animals shall be killed, and shall appraise or cause the same to be appraised, by disinterested citizens as hereinafter provided, and cause such animals to be killed, and their carcasses to be disposed of as in the judgment of the commission will best protect the health of domestic animals of the locahty ; provided, that no animal shall be slaughtered under the provisions of this act unless first examined by a competent veterinarian in the employ of the commission, and the disease with which it is affected or to which it has been exposed adjudged to be a dangerous and contagious malady. Sec. 42ii-i6a. [Appointment of veterinarian; duties.] The board of live stock commissioners shall appoint a competent veterin- arian, whose compensation shall be fixed by the board; such veterin- arian to perform all duties prescribed by the board and be subject to such rules and regulations as it may adopt. In case of an outbreak of animal disease, the board may, if it is deemed advisable, appoint temporarily, additional veterinarians or other persons for any special work in furtherance of the live stock interests of the state, and fix their compensation. Sec. 4211-16&. [Power as to inspection and protection of live stock.] In the enforcement of any of the provisions of this act or 102 LAWS RELATING TO AdRICULTURE. any other laws relating to the board of live stock commissioners, and in the enforcement of the rules and regulations that may be adopted under the authority of this act, the board of live stock commissioners, or any of them or their authorized officers, agents or employes, shall have authority to enter upon any public or private premises, or withm any buildirig where live stock is housed, or to enter any railway car or any boat or other conveyance used in the transportation of live stock, for the purpose of inspection and for the protection of the live stock of the state. Sec. 4211-16C. [Penalty for failure to comply with rules of board.] The failure of any individual, company or corporation to comply with the rules of the board of live stock commissioners, or to respect its regulations with regard to diseased animals, when notified so to do, shall subject the offender to a penalty of not less than fifty ($50) dollars nor more than five hundred ($500) dollars, to be recov- ered by civil action in the county where the offense is committed or in the county of Franklin, and in addition to the penalty above pro- vided, a person violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than fifty ($50) dollars nor more than two hundred ($200) dol- lars ; such fines and penalties to be collected in the name of the state of Ohio, for the use of the board of live stock commissioners. Sec. 42ii-i6rf. [Co-operation with United States department of ag;riculture.] The board of live stock commissioners is authorized to accept on behalf of the state the rules and regulations prepared by the commissioners of agriculture under and in pursuance of sec- tion three, of an act of congress, approved May 29, 1888, entitled "An act for the establishment of a bureau of animal industry, to prevent the exportation of diseased cattle and to provide means for the suppression and extirpation of pleuro-pneumonia and other con- tagious diseases among domestic animals," and to co-operate with the authorities of the United States in the enforcement of the pro- visions of such act. Sec. 4211-16^. [Power of inspector of bureau of animal industry of United States.] The inspector of the bureau of animal indus- try of the United States shall have the right of inspection, quaran- tine and condemnation of animals affected with any contagious, infec- tious, or communicable disease, or suspected of being so affected, or that have been exposed to any such disease ; and for these purposes are authorized and empowered to enter upon any ground or premises in the state. They shall have power to call upon any constables and peace officers to assist them in the discharge of their duties in carrying out the provisions of said act of congress; and it is made the duty of said officers to assist them when so requested. The in- spectors shall have the same powers and protection as peace officers while engaged in the discharge of their duties. Sec. 4211-17. [Compensation for animals destroyed.] In case of destruction of any animal under the provisions of this act, the compensation to be made for the same by the state shall be com- LAWS RELATING TO AGRICULTURE. lOiJ puted Upon the basis of the actual value of the diseased animal, if any, at the time of slaughter; for any animal that has been kept in the same building or enclosure two-thirds of such value, and in case of other animals destroyed for the extinction of such disease, the full value of the same without reference to the suspicion of contagion; provided, that no compensation shall be made to any person who may have brought animals into the state affected with such conta- gious disease, or from a district in which such contagious disease existed, or who may have wilfully concealed the existence of such disease among his stock or on his premises, or may have by wilful neglect or purposely contributed to the spread of such contagion; and in appraising animals to be slaughtered as herein provided, no allowance shall be made on account of such animal being thorough- bred, or pedigree stock. Sec. 4211-18. [Appropriation to pay claims; how made.] All claims against the state by owners of animals slaughtered under the provisions of this act, shall, when approved by the board of live stock commissioners, be reported by said commission to the governor, to be by him communicated to the legislature with the recommen- dation, if the matter is approved by him, that the proper appropria- tion be made to pay such claims. Whereas, All cattle wintered in the states of Florida, South Caro- lina, North Carolina, Georgia, Alabama, Mississippi, Louisiana, Ten- nessee, Arkansas, Texas and the Indian territory, are infected with a germ which renders them capable, except during the frost of winter, of infecting northern cattle with a malady commonly known as "Texas fever," while they show no manifestation of disease; therefore, Sec. 4211-ig. [The driving of cattle from certain states for- bidden during certain months; conveyance by railway forbidden, except.] During the months of March, April, May, June, July, August, September and October no cattle shall be permitted to be driven into this state from any of the above mentioned states or Indian territory, or that shall have been wintered therein, nor shall any person or company bring, or cause to be conveyed into this state by railway or otherwise, any such cattle under said conditions, except as specified in the next section of this act. Sec. 4211-20. [Unloading of certain cattle in certain months forbidden, except.] Any railroad or other transportation com- pany conveying into or through this state, or any stock-yard com- pany receiving such cattle during the months aforesaid will not be per- mitted to unload the same in this state for any other purpose than to be fed and watered or for immediate slaughter, and in yards and premises especially provided for that purpose, into which northern cattle will not be permitted to enter. And the location and arrangement of the said yards and premises and the disinfection of the cars and quarters used in the transportation of such cattle shall be governed by the rules and regulations prescribed by the board of-live stock commissioners. 104 LAWS RELATING TO AGRICULTURE. Sec. 4211-21.— [Penalty.] Any person or corporation that shall bring or cause to be brought or driven into this state, any cattle wintered in the states or territory above mentioned, or to be driven or conveyed otherwise than as herein specified, shall, upon conviction thereof, be fined in any sum not less than one hundred dollars, nor more than one thousand dollars, and shall, moreover, be liable for all damages that may be occasioned on account of other cattle being in- fected with said disease. Sec. 4211-22. [Duty of transportation companies; penalty for violation of such duty.] It shall be the duty of all railway and other transportation companies bringing into and unloading in this state cattle, otherwise than as specified in section two (4211-20) of this act during the months above specified, to require a statement to be made in their shipping bills, showing in what state or territory the cattle shipped were wintered ; and it shall be the duty of every railroad com- pany bringing into this state cattle, which may unload such cattle for any other purpose than to be fed and watered as specified in section two (4211-20) of this act, to leave at the office of such company nearest the point where such cattle may be unloaded, a copy for public inspec- tion of the statement above required, showing where the samewere win- tered ; and any companv or corporation nee-lecting to compl-^ with the provisions of this section, shall, upon conviction thereof, be fined in any sum not exceeding five hundred dollars. Sec. 4211-23. [Prosecution for offenses hereunder.] Upon the request of the board of live stock commissioners it shall be the duty of the prosecuting attorney of any county in which the suit may be brought to begin and prosecute any action for the violation of the provisions of this act and the rules and regulations of the board of live stock commissioners. Proceedings against any railway comoany un- der this act may be had in any county in this state through which any portion of such company's road may pass, or in which its nrincipal office may be situated; and process may be served by leaving a copy at the office of such company within such county. Sec. 4211-24. [Penalty for selling or failing to keep securely isolated horses, etc., affected with glanders.] Any person own- ing or having in his charge any horse, mule or ass that he knows or has reason to believe is affected with the disease known as glanders or farcy, or that has been adjudged to be so affected by the state board of live stock commissioners, upon a report made to said board by a competent veterinary surgeon, in their employ, after a careful examina- tion of such animal, who shall sell or otherwise dispose of, or secrete the same, or shall fail to keep such animal securely isolated so that contact with other horses, mules or asses shall not be possible, shall, upon conviction of either of said offenses, be fined in any sum not ex- ceeding five hundred dollars, and shall moreover, be liable for all dam- ages sustained by reason of the same. Sec. 4211-25. [Appraisal and payment of compensation in case of destruction of such animals by order of live stock commission.] Incase the live stock commissioners shall order the destruction of any animal affected with glanders or farcy in the chronic stage of the dis- LAWS RELATING TO AGRICULTURE. lO-^ ease, which may be adjudged capable of rendering some service, the board may cause the animal to be appraised, and order such compensa- tion to be paid out on the order of the live stock commissioners, on the warrants of the auditor of the state out of any funds in the treasury to the credit of the live stock commission, as in the judgment of the com- missioners may be just, not exceeding its cash value; provided the horse was not diseased when passed in possession of the owner. Sec. 4211-26. [Penalty for suffering sheep affected with scab to run at large or for selling same, knowing, etc.] Any person own- ing or having in charge any sheep affected with foot-rot or scab who shall suffer the same to run upon any highway, common or other uninclosed ground, or shall sell such sheep, knowing or having reason to believe them to be diseased, without disclosing the fact to the pur- chaser, shall, upon conviction of either of said offenses, be fined in any sum not exceeding one hundred dollars, and be liable to parties injured for all damages sustained. See § 6855 as to allowing diseased animals to run at large. Sec. 4212. [Duties of carriers and owners of stock yards.] All railway companies and owners of steamboats used in conveying live stock and owners of stock yards and other premises that may be oc- cupied by such stock, shall, immediately upon discovering any con- tagious disease among stock occupying such cars, boats, yards, or other premises, take all possible measures to prevent such diseased stock from communicating the contagion to other stock, and shall moreover cause all such cars, boats, yards, and premises to be thor- oughly disinfected before the same shall be occupied by other stock. Every corporation and company, their officers and employes, or indi- viduals violating the provisions of this section, shall pay a penalty not exceeding five hundred dollars, to be recovered in any court of compe- tent jurisdiction, and shall also be liable to parties injured for all dam- ages that may be occasioned thereby. DOGS. Sec. 4212-1. [When dog to be considered property.] Any ani- mal of the dog kind listed and valued for taxation as other [personal] property, and due return thereof made by the owner or harborer to the assessor or county auditor and the per capita tax upon such animals in addition to the proper tax on any valuation which may have been placed on such animal by the owner or harborer thereof shall have been paid when due, shall be considered as property and such animal shall have all the rights and privileges and be subject to the same restraints as are provided by law for other live stock ; provided that no recovery shall be had for the malicious and unlawful killing of such animal, in excess of double the amount for which any such dog is listed for taxa- tion ; provided, further, that nothing in this section shall be so con- strued as to make it unlawful for any person to kill any animal of the dog kind that chases, worries, injures or kills any sheep, lamb, goat, kid, domestic fowl, animal or person ; and provided, further, that if any person in attempting to kill such animal so running at large, fails to lOB LAWS RELATING TO AGRICULTURE. kill, and wounds the same, he shall not be liable to prosecution under section 6951 which provides against cruelty to animals. Sec. 4212-2. [When dog may be killed at any time; owner liable for damages.] Any animal of the dog kind that chases, wor- ries, injures or kills any sheep, lamb, goat, kid, domestic fowl, animal or person, may be killed by any person, at any tinie or place. And the owner, owners or harborers of any animal of the dog kind, that chases, worries, injures, or kills any sheep, lamb, goat, kid, animal or person, shall be jointly and severally liable to any person so damaged to the full amount of the injury done; and the court or justice before whom the recovery is had for any such injury shall declare the animal found to have occasioned the injury to be a common nuisance and order the defendant to kill or cause to be killed such animal within twenty-four hours after the rendition of the judgment; or the court or justice may order any constable or marshal or sheriff to kill such animal. Sec. 4214. [Liability to owner of dog for killing or injury.] The owner of any such animal listed for taxation, killed or maliciously injured contrary to law, or carried or enticed away from the premises of the owner or harborer for the purpose of being killed or injured, may recover of the person so killing or injuring the same, as exemplary damages any sum not exceeding that for which such animal stands re- turned for taxation. As to the taxation of dogs, see §§ 2754 2833, R. S. Sec. 4215. [Statement of damages for sheep killed or injured by dogs; witnesses.] Any person damaged by the killing or injuring of sheep by dog or dogs, may present a detailed account of the injury done, with damages claimed therefor, verified by affidavit at any regu- lar meeting of the trustees of the township where the damage or in- jury occurred, and within six months thereafter, which account shall state the kind, grade, quality "and value of the sheep so killed and the nature and amount of the injury, and shall make it appear to the satis- faction of the trustees upon the parol testimony of at least two other persons who are freeholders of the neighborhood where the injury was done, that the damage claimed is just and reasonable ; and also make it appear that such injury was not caused in whole or in part by any animal kept or harbored by him, or by an employe or tenant of the owner upon such owner's premises, and that he does not know whose animal committed such injury, or if known and such account reduced to judgment could not be collected on execution. [Fees of witnesses; oaths of claimant and witnesses.] And the witnesses in such cases, not exceeding two, shall be allowed fifty cents each and mileage as in other cases ; the trustees are hereby au- thorized and empowered to administer oath or affirmation to any such claimant or witness; provided, however, that if the sheep killed or injured are in the care of an employe or tenant of the owner of the same, such affidavit may be made by such employe or tenant, and the testimony 'of such employe or tenant may be received in regard to all matters relating thereto to which such owner would be competent to testifv. LAWS RELATING TO AGRICULTURE. 1('7 [Hearing, allowance, indorsement, transmission and record of claims.] The trustees shall hear such claims in the order of their filing, and may allow the same or such parts thereof as they deem right, and if satisfied that such claim is correct and just, they shall endorse thereon the amount allowed and transmit the same with the testimony so taken, together with the fees due witnesses over their -own official signatures to the county commissioners, in care of the county auditor, who shall enter upon a book to be kept for that pur- pose, in their order, each claim received. [Examination and order for payment.] The county commis- sioners shall, at their next regular meeting, examine the same, and if found in whole or in part correct and just, order the payment thereof, or such parts as they may have found correct and just, to be paid out of the fund created by the per capita tax on dogs. [Payment.] And such claims as may have been allowed in whole or in part, shall be paid only at the June session of such com- missioners ; and provided, that if such fund is insufficient to pay all such claims in full, they shall be paid pro rata. [Blanks for accounts, affidavits and testimony.] All accounts, affidavits and testimony shall be made upon blanks, the form of which shall be prepared by the secretary of state, and which blanks shall be furnished by the coimty commissioners. Sec. 4215a. [Allowance by county commissioners of damages for sheep killed by dogs.] That any surplus of funds arising from the per capita assessment upon dogs, transferred to" the school fund under section four thousand two hundred and fifteen in any county unless otherwise directed by law, shall be appointed [apportioned] to the different townships or cities in proportion to the amount of tax actual- ly collected from such townships or cities, and said surplus, if any. shall be paid to the treasurers of the several townships or cities as the case may be, and the treasurers of the several townships or cities, shall pay on the order of the township clerk, or city auditor, or comp- troller, to each sub-district or special school district therein in propor- tion to its enumeration of youth of school age, for the use of the school or schools of said sub-district or special school district, the amount found due the same from funds credited to the township or city from surplus dog tax. AN ACT To pro-vide for the protection of persons injured by mad dogs. Sec. I. [Provisions for reimbursement of expenses paid by per- son injured by mad dog.] That any person who shall be bitten or injured by a dog or canine, which at the time of the bitmg or mjury to said person was suffering from or afflicted with what is known as rabies, and which said bite or injury by said dog or canine, caused said person to employ medical or surgical treatment, and required of 108 LAWS RELATING TO AGRICULTURE. said person the expenditure of money in the care and treatment re- sulting from said bite or injury, may present a detailed and itemized accountofitheactualexpenses incurred and amount paid for medical and surgical attendance,verified by affidavit of said injured person adminis- trator or executor and attending physician; but if said injured person be a minor the said affidavit must be made by the parent of said minor or his duly appointed and qualified guardian,attending physician or ad- ministrator or excutor. Said detailed statement as aforesaid must be presented within four months after the injury was received, at a regu- lar meeting of the county commissioners of the county where the said injury was received. [From what fund money to be drawn.] The county commis- sioners shall, within a reasonable time and not later than the third reg- ular meeting after the presentation of said verified account as aforesaid, examine the same, and if found in whole or in part correct and just,may in their discretion order the payment thereof, or such parts as they may have found in their judgment correct and just, to be paid out of the fund created by the per capita tax on dogs, but no one person shall receive for any one injury under this act a sum exceeding five hundred ($500.00) dollars. Passed March 29, 1904. Approved April 4, 1904. HORSE'S. Sec. 4221-7. [Fraudulent entry of horse in contest of speed.] In order to encourage the breeding of, and improvement in trotting, running and pacing horses in the state of Ohio, it is hereby made un- lawful for any person or persons, knowingly to enter or cause to be entered for competition, or to compete for any purse, prize, premium, stake or sweepstakes offered or given by any agricultur.al or other so- ciety, association, or person or persons in the state of Ohio, any horse, mare, gelding, colt or filly under an assumed name or out of its proper class where such prize, purse, premium, stake or sweepstake is to be decided by a contest of speed. Sec. 4221-8. [Penalty.] That any person or persons found guilty of a violation of section i (4221-7) of this act shall, upon conviction thereof, be imprisoned in the Ohio penitentiary for a period of not less than one year nor more than three years. Sec. 4221-9. [Change of name for purpose of entry.] That the name of any horse, mare, gelding, colt or filly for the purpose of entry for competition in any contest of speed, shall not be changed after once having contested for a prize, purse, premium, stake or sweepstakes, except as provided by the code of printed rules of the so- ciety, or association under which the contest is advertised to be con- ducted. LAWS RELATING TO AGRICULTURE. 109 Sec. 4221-10. [Class determined by performance.] The class to which a horse belongs for the purpose of an entry in any such contest of speed shall be determined by the public performance of said horse in said former contest or trial of speed, as provided by the printed rules of the society or association under which the proposed contest is advertised to be conducted. Sec. 4221-11. [Cheating by false pretense.] Whoever, for the purpose of competing for purses or premiums, knowingly and de- signedly enters or drives any horse, gelding, mare, colt or filly that shall have been painted or disguised, or represents any other or dif- ferent horse, gelding, mare, colt or filly from the one which is pur- ported to be entered or, shall, knowingly and designedly, for the pur- pose of competing for purses or premiums, enter or drive a horse, gelding, mare, colt or filly in a class to which it does not properly be- long, shall be deemed guilty of cheating by false pretense and shall be punished by fine and imprisonment as provided in section 2 (4221-8) of this act. Sec. 4221-12 [Penalty.] Any person or persons knowingly mis- representing or fraudulently concealing the public performance in any former contest or trial of speed, [of] any horse, gelding, mare, colt or filly which he or they propose to enter for a competition in any such contest, shall, upon conviction thereof, be liable to the same punishment as is provided in section 2 (4221-8) of this act, whether he or they shall succeed in making said entry or not. FENCES. Sec. 4239. [How expenses of making partition fences adjusted.] That the owners of adjoining lands shall build, keep up and maintain in good repair all partition fences between them in equal shares, un- less otherwise agreed upon between them, which agreement must be in writing and witnessed by two persons ; but nothing in this chapter contained shall apply to the enclosure of lots in municipal corpora- tions, or to the inclosure of lands laid out into lots outside of municipal corporations ; but nothing contained in this act shall be construed to affect sections 3324, 3325 and 3326 of the Revised Statutes of Ohio. Sec. 4239a. [Hedge or barbed wire partition fence forbidden.] No person or corporation shall be permitted to have any willow fence or any other live fence, except that known as the osage or black- thorn hedge, or construct or cause to be constructed a partition fence from barbed wire unless written consent of the adjoining owner be first obtained. Provided that consent shall not be necessar}^ to the use of not more than two barbed wires, if the lower one of said barbed wires be not less than forty-eight inches from the ground, and be placed on the top of a fence of other material than barbed wire. [Penalty.] Whoever con.structs or causes to be constructed a barbed wire fence without the consent of the adjoining owner, other than as above provided, shall be fined not more than fifty dollars nor less than five dollars, and the continued violation of this offense for every thirty days shall constitue a separate offense. 110 LAWS RELATING TO AGRICULTURE. (4240-1.) Sec. I. [Requiring the cutting of briers, thistles, etc., along partition fences.] It shall be the duty of all owners of land, adjacent to any line or partition fence, to keep all brush, briars this- tles or other noxious weeds, cut in the fence corners and on his side a strip four feet wide along the line of said partition fence, provided that nothing in this section shall be considered to affect the planting of vines or trees for use. (4240-2). Sec. 2. [Notice to land owner failing to cut noxious weeds, and duties of township trustees in the premises.] If the owner or tenant occupying said land, neglects or refuse to cut, or have cut, said brush, briars, thistles or other noxious weeds, as provided in the foregoing sections, then any owner or occupant of land abutting on such line, or partition fence, who may feel aggrieved thereby, may, after having given the owner or tenant occupying such land, notice of not less than ten days to cut or remove such brush, briars, thistles or other noxious weeds, (and if such brush, briars, thistles or other noxious weeds, are not cut or removed at the expiration of said ten days) notify the trustees of the township in which such land is sit- uated, whose duty it shall be at once to view said j^remises and if they are satisfied that there is just cause of complaint, they shall pro- ceed to cause such brush, briars, thistles or other noxious weeds to be cut, in such manner as they may consider best, either by letting the work to the lowest bidder, or by entering into a private contract, to have same performed. (4240-3). Sec. 3. [Cost of work ; how collected and paid.] As soon as the work shall be completed to the satisfaction of the trustees, they shall certify to the auditor of the county, the amount of the cost of such labor, together with the expense thereto attached, with a correct description of the land upon which labor has been performed, and the auditor shall place the same upon the tax duplicate to be collected the same as other taxes are collected, and the county treas- urer shall pay the amount, when collected, to the township treas- urer as other funds, specifying same. (4240-4). Sec. 4. [Anticipating such cost.] The township trus- tees may anticipate the collection and refunding the cost of said labor to the township treasurer for that amount, payable out of any town- ship funds that may be in his hands. (4240-5)- Sec. 5. [Trustees' fees.] The township trustees .shall be entitled to one dollar and fifty cents ($1.50) per day for their services under this act, and the township clerk shall be allowed the same fees for making out, filing and recording papers, as are allowed by law for similar services. Sec. 4242. [Duty and power of township trustees in controver- sies over partition fences.] If any party neglects to build, or repair a partition fence, or the portion thereof which he ought to build, or maintain, the aggrieved party may complain to the trustees of the township in which said land or fence is located, and the tru'^tees shall, after not less than ten days, written notice to all adjoining land LAWS RELATING TO AGRICULTURE. Ill owners, of the time and place of meeting, proceed to view the fence, or premises where the fence is to be built, and assign in writing, to each party his equal share thereof, to bebyhimbuilt, constructed orkept in repair so as to be in all respects a good and substantial fence. The cost due the clerk and trustees of the proceedings of making such assignment, shall be taxed equally against each land owner, and if not paid to the township clerk within thirty days from the date of its assignment, shall be certified by the township clerk to the county auditor, with a correct description of all lands, and the amount charged against each portion thereof, and the auditor shall place the same upon the duplicate to be collected as other taxes are col- lected, and the county treasurer shall pay the amount when col- lected, to the township treasurer as other funds, specifying same. Sec. 4243. [Building of partition fence and collection and pay- ment of cost when either party fails to comply with assignment.] If either party fail to build the portion of fence assigned to him, the trus- tees shall, upon the application of the aggrieved party, sell the con- tract to the lowest responsible bidder, to furnish the labor and mate- rial and build such fence according to the specifications to be pro- posed by the trustees, after advertising the same for a period of ten days by setting up posters in three public places in the township. As soon as the work shall be completed in conformity with the sale, and to the satisfaction of the trustees, they Shall immediately certify the costs to the township clerk and if not paid within thirty days, the township clerk shall certify the same to the auditor of the county, the amount such fence sold for, adding the proportionate amount of cost and expense of such sale, together with a correct description of each piece of land upon which same is assessed, and the auditor shall place the same upon the tax duplicate to be collected as other taxes are collected, and the trustees shall at the same time certify the amount due each person for building such fence and also the amount due each trustee and clerk for their services rendered in such pro- ceedings, and the auditor may anticipate the collections of same and draw orders for the payment of such amount out of the county treasury. Sec. 4243a. [County recorder shall keep a "Partition Fence Rec- ord."] The county recorder shall keep a book known as "Partition Fence Record" and all divisions of partition fences made under this act shall be recorded in said book, and shall be final between the parties thereto and all successive owners thereafter. Until said divisions become unequal by reason of a sale or division of said land or a portion thereof and in such case a new division may be had and - in all cases if one adjoining land owner own all the line fence, the trustee may adjudge the value of the portion to be assigned the other owner, which amount may be recovered by the owner of said fence with cost of suit. The report of the assignment of partition fences, under this act, shall be made and certified to the county re- corder by the township clerk and the cost of the record thereof, shall be taxed against the parties with the other cost. 112 LAWS RELATING TO AGRICULTUIffi. Sec. 4243&. [Meaning of term "owner."] In the provision of this chapter the terms "owner" shall apply to the owner of said land in fee simple, but these proceedings shall not bind the owner unless notified as provided in section 4243c hereof. Sec. 4243c. [Notice; how served.] If the owner is a resident of the township, notice must be made in writing and by personal ser- vice or leaving a copy at the last known place of residence. If a non- resident of a township, notice may be made by mailing a notice by registered letter to the owner or authorized agent thereof, at his last known post-office address and the registered receipt shall be sufficient proof of the mailing and receipt of said notice. Sec. 4243c?. [When division line is in a stream of water.] When the division line of adjacent land owners is in a stream of water, along which division line it is impractical to construct and maintain a par- tition f';nce, the trustees shall assign to each land owner his portion of said fence upon his own land and the parts so assigned each land owner, shall be built and maintained upon his own premises along the bank of said stream, and the parts of the fence so assigned shall be joined together by each land owner constructing a fence or water gate from the end of said fence so assigned to him nearest to the end so as- signed to the other land owner to the division line in said stream of water; and for the purpose of determining the liability of one of said land owners by reason of the trespass of domestic animals upon the lands of the other, such fence shall be considered and held to be a partition fence. Sec. 4244. [When and how reassignment may be had.] At any time after the expiration of one year from the date of such assignment, any party interested in such partition fence who considers himself aggrieved by the proceedings of the trustees in making the assign- ment, may apply to the trustees for a re-examination and re-assign- ment ; and the same notice shall be given and proceedings had as pro- vided for in section forty-two hundred and forty-two and such re-as- signment shall be recorded, and coj)ies thereof made and served, and it shall have the same binding force, operation, and effect as the assign- ment in the said section provided, for. Sec. 4245. [Jurisdiction of trustees where partition fence on township line.] When a partition fence in controversy is on a town- ship or county line, the trustees of the adjacent towns!... -liall have concurrent jurisdiction and the trustees of either of such townships may De called to perform the duties in this chapter imposed in regard to partition fences ; and either party may, if he think proper, call also the trustees of the other township, in which case they shall act jointly, but the record shall be made in iDoth townships. Sec. 4246. [Where suit to be brought relating to fence on town- ship or county line.] If a partition fence, or an inclosure, or any part thereof, is on the line of a township, or on the line of or in two or more townships of the sanie or different counties, all suits prosecuted under the provisions of this chapter may be brought before a justice of the peace in the township in which the defendant resides, or if there LAWS RELATING TO AGRICULTURE. 113 be no justice residing therein or he is interested in the event of the suit, or stands in the relation of father, father-in-law, son, son-in-law, brother, brother-in-law, guardian, ward, uncle, nephew, or cousin to either of the parties, the action may be brought in either of such town- ships; and in such case, the justice before whom such action is brought shall issue process against the defendant, directed to any constable of the township in which such justice resides, which process the constable shall be authorized to serve and return, and the defendant shall be compelled to answer thereto, and such other proceedings shall be had therein as if the defendant resided in the township where the action was commenced. Sec. 4247. [Where suit to be brought when fence wholly within township.] When the fence or inclosure is situate wholly within one township, all suits brought under this chapter before a justice of the peace shall be brought in the township in which the defendant re- sides, unless the case comes within one of the exceptions specified in the next preceding section, in which case suit may be brought in any adjoining township of the same county, and process shall be issued, served, and returned, and further proceedings had thereon, as pro- vided for in said section. Sec. 4248. [Remedies provided not cumulative.] If a person commence proceedings under this chapter to obtain redress, as herein provided, and prosecute the same to final judgment, he shall be barred of his action at common law for the same injury ; and if he sue at com- mon law, and prosecute such suit to final judgment, he shall, in like manner, be barred of his remedy for the same injury under this chapter. Sec. 4249. [Penalty agaiiist trustee for neglect.] A trustee who refuses or neglects to perform any duty imposed on him by law, may be fined in any sum 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 shall be paid into the township treasury for township pur- poses. Sec. 4250. [How damage by trespassing animals, on account of failure to repair partition fence, recovered.] If a horse, mule, or ass, or any neat cattle, hog, sheep, or goat injure or trespass upon the land or inclosure of any person bounded by a partition fence, in conse- quence of the failure or neglect of the other party to keep up and maintain in good repair his part or share of such partition fence, the person so failing or neglecting shall forfeit and pay to the person in- jured the amount of all damages sustained thereby, which shall be as- sessed, under oath, by three judicious, disinterested men, residents of the county, to be appointed by a justice of the peace of the township in which the premises are situate; and if the same are not paid after demand therefor, the amount thereof may be recovered in an action before any court having competent jurisdiction, with costs of suits ; and in all suits commenced under the provisions of this section, such assessment, reduced to writing, and subscribed by the persons making the same, shall be received as prima facie evidence of the real g— F. H. B. 114 LAWS RELATING TO AGRICULTURE. amount of damages sustained by the party aggrieved, reserving to the court before which the cause is tried the power of setting the same aside tor irregularity, or other good cause, and the animal or animals so trespassing shall not be exempt from execution issued ori a judg- ment rendered in any court, or before any officer having jurisdiction, for damages occasioned by such trespass. Sec. 4251. [Liability of owner of trespassing animal for dam- ages.] If any horse, mule, ass, neat cattle, hog, sheep, or goat, run- ning at large, break into or enter any inclosure, other than inclosures of railroads, the owner of any such animal shall be liable to the owner or occupant of such inclosure for all damages occasioned thereby ; and the animal so breaking into or entering any inclosure shall not be ex- empted from execution issued on a judgment rendered in any court, or before an officer having jurisdiction, for damages occasioned by such trespass. Sec. 4252. [How hedge fence regulated.] An owner or occupant of land bordering upon any public road or highway, except a street or alley in a municipal corporation, or through which any public road or highway passes, may set, plant, and cultivate a hedge or live fence, precisely on the line of the road or public highway, and place on the margin of such road a protection fence, not to occupy more than six feet of the margin or edge of the road; and such protection fence, when placed opposite any live fence or hedge actually set or planted, shall be permitted by the supervisors, and all other persons, to remain for the term of seven years ; but the trustees of any township may grant permission in writing, to the owner of any hedge or live fence, to continue such protection fence any length of time which they may deem necessary. Sec. 4253. [Size of hedge fence restricted.] The owner of any hedge fence on a partition line, or along a public highway, shall not permit such fence to remain of a greater height or width than six feet, for a longer period than six months, or leave the cuttings from the same on the public highway for a greater length of time than ten days. Sec. 4254. [Penalty for violation of the provisions with respect to hedge fence.] A person who violates the preceding section shall be liable to the person damaged in a sum not exceeding twenty cents per rod of such hedge fence ; and if the hedge is along a public high- way, he shall be liable to the trustees of the township in which it is situate, in a sum not exceeding fifteen cents per rod of such fence; but before judgment is rendered it shall appear, by affidavit, that 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. Sec. 4255. [Where actions with respect to hedge fence to be brought.] All actions under the two next preceding sections shall be boughtuponthecomplaintof the person damaged.before a justice of the peace of the township in which the hedge is situate, or if the hedge is LAWS RELATING TO AGRICULTURE. 115 along a public highway, the complaint shall be made by the supervisor of the road in whose district the hedge is situate. AN ACT To permit the erection of fences along public highways. Sec. I. [Land owner may construct fence from side of road to end of sides of bridges or culverts.] That any land owner along or through whose lands a state or county road is now or may hereafter be laid out and established, is authorized after permission and under the directions of the county commissioners of the proper county, to build and construct fences within said roads leading from the sides thereof to and along the approaches to, and to the ends of the sides of all bridges and culverts now constructed over streams and ravines in said highways, or that may hereafter be constructed therein. [Shall not acquire title.] Provided further that said land owners shall not acquire title by prescription or otherwise to any portion or portions of said highways becoming a part of the enclosures of such land owner, by reason of the construction of the fences as aforesaid; and such land owner shall promptly, upon the order of said county commissioners, remove such fences permitted and directed to be con- structed in said highways as aforesaid, and no road supervisor shall remove any of such fences placed in said highways, by the direction of said county commissioners, as aforesaid, except upon permission first obtained from said county commissioners and said supervisor shall in no way interfere with any of such fences further than is necessary to open ditches and improve the roadbed of said highways. Sec. 2. [Barbed wire not to be used..] No barbed wire shall be used in the construction of said fence or fences; and the road super- visor is avithorized and empowered to remove any barbed wire so used. Passed April 14, 1904. Approved April 19, 1904. MILLS — TOLLS, ETC. Sec. 4371. [Rates of toll.] The owner or occupier of a grist-mill, may, if a water or steam mill, take for toll the one-tenth part of wheat, rye, or other grain, ground and bolted, and the one-twelfth part of all rye, malt or buckwheat, ground or chopped only; and one-eighth part of all corn ground in such mill; if a horse-mill, and the proprietor thereof furnish the horses or team, he may take for toll one-fourth part of all grain ground, or ground or bolted, otherwise he shall be entitled only to the one-eighth part thereof. Any owner or occupier of a grist-mill or exchange store who refuses to return the product of a grist of wheat ground less lawful toll, shall, in lieu thereof, return 116 LAWS RELATING TO AGRICULTURE. to his customers merchantable flour, shorts and bran for every bushel of merchantable wheat delivered to him as follows : For every bushel of merchantable wheat, weighing sixty or more pounds to the meas- ured bushel, thirty-six pounds of No. one family flour and fourteen- pounds of shorts and bran; for every bushel of merchantable wheat weighing less than sixty pounds and not less than fifty-nine pounds to the measured bushel, thirty -five pounds of No. one family flour and fourteen pounds of shorts and bran ; for every bushel of merchantable wheat weighing fifty-eight pounds to the measured bushel, thirty-four pounds of No. one family flour, and fourteen pounds of shorts and bran. For every bushel of merchantable wheat weighing fifty-seven pounds to the measured bushel, thirty-three pounds of No. one family flour, and fourteen pounds of bran. Sec. 4372. [Responsibility of miller for safe-keeping of grain.] The owner or occupier of any such mill shall be accountable for J:he safe-keeping of all grain received therein for the purpose of being ground, and shall deliver the same when ground, or ground and bolted, as the case may be, with the bags or casks which were delivered in the mill with the grain, to the owner, when called for, if such bags or casks, left as aforesaid, are distinctly marked with the christian and surname of the owner thereof; but nothing herein contained shall be so construed as to charge or make accountable any owner or occupier of any mill, for the loss of any grain, bags, [or] casks, happening by robbery, fire or other accident, without the fault or neglect of such owner or occupier, or that of any miller employed by such owner or occupier. Sec. 4373. [Penalty for taking unlawful toll.] Whoever takes a greater proportionate quantity of toll than is hereinbefore authorized shall be fined for every such ofifense in any sum not exceeding fifty dol- lars nor less than twenty dollars, at the discretion of the court; one- half thereof to be paid into the township treasury for school purposes and the other half to the person prosecuting; and shall, moreover, be liable at the suit of the party injured for damages. VEITERINARIANS. Sec. 4412-1. [Examination of veterinarians.] All persons who now, or shall hereafter, practice veterinary medicine and surgery in the state of Ohio, and have not been engaged in such practice for at least three years prior to the passage of this act, (May 21, 1894), in the state of Ohio, shall be examined as to their qualifications by a state board of veterinary examiners, to be appointed as hereinafter provided. Sec. 4412-2. [Certificate.] Any one who successfully passes the examination before the state board of veterinary examiners shall re- ceive from said board a certificate signed by the members thereof, which certificate shall state that the person to whom it is given has passed the prescribed examinations and is competent to practice vet- erinary medicine and surgery. A copy of such certificate shall be recorded by the clerk of said, board in a book kept for that purpose which shall be open to the public inspection. LAWS RELATING TO AGRICULTURE. 117 Sec. 4412-3. [Veterinarians employed by state boards.] Per- sons who have passed the requisite examinations and received a certi- ficate frorn the state board of veterinary examiners, and those who have v-ontinuo.usly practiced veterinary medicine and surgery for at least five years, and no others, shall be qualified and be entitled to be employed as veterinaries by the state board of agriculture, state live stock commission and state board of health. Sec. 4412-4. [State board of examiners.] The state board of veterinary examiners shall consist of five members. The secretary of the state board of agriculture and the secretary of the state board of health shall be ex-ofificio members of said board. Three members thereof shall be appointed by the governor and confirmed by the sen- ate for the terms respectively of two, four and six years, and every two years thereafter the governor shall appoint a member for the term of six years. Vacancies in said board shall be filled by appointment for the unexpired term. The members so appointed by the governor shall be graduates of reputable but of different veterinary schools or colleges, and men of superior learning, personal skill and good moral character. Sec. 4412-5. [Meetines, etc.] The board shall meet at least twice a year — in April and July — in the city of Columbus. At the first meeting the board shall organize by electine from its members a president, secretary and treasurer, who shall hold their offices for two years or until their successors have been elected and qualified. The secretary shall keep an accurate record of the business transacted and of the certificates issued as heretofore provided. He shall collect the fees to be paid by the applicants for examination and pay the same over to the treasurer and shall perform such other duties as the board may prescribe. He shall keep a correct account of all moneys re- ceived and disbursed. Sec. 4412-6. [Compensation of members.] The board each shall receive three dollars per day, while in session, and his actual traveling expenses, to be paid by the treasurer out of the fees paid by the can- didates for examination. Sec. 4412-7. [When certificate issued; eligibility of unsuccessful candidate.] A certificate shall be issued only when the board is sat- isfied that the candidate examined is well qualified and entitled to a certificate. The candidate, if unsuccessful, shall not be eligible to another examination until the expiration of one year thereafter. Sec. 4412-8. [Time and fee for examination.] Candidates shall present themselves for examination at the regular meetings of the board and shall pay for each examination the sum of five dollars, which shall accompany their application in writing, and be paid to the secretary of the board previous to the regular meeting of the board. One-half of the five dollars shall be returned if the candidate fails in the examination or if a diploma is accepted in lieu of an ex- amination. 118 LAWS RELATING TO AGRICULTURE. Sec. 4412-9. [Acceptance of diploma in lieu of examination.] The board may accept a properly issued diploma in lieu of an exam- ination ; but such a diploma shall be accepted only if it has been issued by a reputable veterinary school or college, that requires a course of study and gives instruction in all the various branches of veterinary science. Sec. 4412-10. [Penalty; emergency.] Whoever shall engage in the practice of veterinary medicine or surgery in violation of this act shall, for the first offense, be fined not less than ten dollars, nor more than twenty-five dollars, and for the second offense not less than fifty dollars nor more than one hundred dollars, or be imprisoned in the county jail not more than sixty days, or both. Provided, that nothing in this act shall be construed to prohibit any veterinary advice or ser- vice in cases of emergency if rendered by a person not entitled to practice under this act. Nor shall it apply to animal castration and dehorning of cattle. WEIGHTS AND MEASURES. Sec. 4428. [Standards, those furnished by United States govern- ment; metric system.] The standard weights and measures furnished the state of Ohio by the"secretary of the treasury of the United States, under a resolution of congress, approved June fourteenth, one thou- sand eight hundred and thirty-six^ shall be the legal standard of weights and measures throughout the state; but nothing in this chap- ter contained shall be construed to prevent the use of the weights and measures of the metric system, authorized by congress of the United States as the same appears in section thirty-five hundred and sixty- nine and thirty-iivc hundred an'd seventy of the Revised Statutes of the United States. Sec. 4429. [By what standard contracts construed.] All con- tracts hereafter made within this state for work to be done, or for anything to be sold by weight or measure, shall be taken and con- strued according to the standards hereby adopted as the standards of this state. Sec. 4430. [Yard, the standard measure of length and surface; subdivisions of yard.] The unit of standard measure of length and surface, from which all other measures of extension, whether they be lineal, superficial, or solid, shall be derived and ascertained, is the standard yard, now in possession of the secretary of state, and fur- nished by the government of the United States. The yard shall be divided into three equal parts, called feet, and each foot into twelve equal parts, called inches. For the measure of cloths and other com- modities commonly sold by the yard, it may be divided into halves, quarters, eighths, and sixteenths. Sec. 4431. [Contents of a rod, pole, or perch; of a mile; of a chain.] The rod, pole, or perch shall contain five and a half such • yards ; the mile, one thousand seven hundred and sixty such yards ; the LAWS RELATING TO AGRICULTURK. liH chain for measuring land shall be twenty-two yards long, and shall be divided into one hundred equal parts called links. Sec. 4432. [Contents of an acre.] The acre for land measure shall be measured horizontally, and contain ten square chains,and shall be equivalent in area to a rectangle sixteen rods in length and ten in breadth ; six hundred and forty such acres being contained in a square mile. Sec. 4433. [Contents of perch of mason work or stone.] The perch of mason work or stone shall consist of twenty-five cubic feet. Sec. 4434. [Contents of a cord of fire-wood or tan-bark.J The standard measure of a cord of fire-wood or tan-bark, shall be one hun- dred and twenty-eight cubic feet well stowed and packed. Sec. 4435. [Standard weights.] The units or standards of weight from which all other weights shall be derived [and] ascertained shall be the standard avoirdupois and troy weights furnished this state by the United States government. Sec. 4436. [Definition of a pound and its subdivision; ton.] The avoirdupois pound, which bears to the troy pound the ratio of seven thousand to five thousand seven hundred and sixty, shall be divided into sixteen equal parts called ounces ; the hundred weight except of pig iron or iron ore shall consist of one hundred avoirdupois pounds, and twenty hundred weight shall constitute a ton ; and the troy ounce shall be equal to the twelfth part of a troy pound. Sec. 4437. [Gallon the standard measure for liquids.] The unit or standard measure of capacity for liquids from which all other meas- ures of liquids shall be derived and ascertained, shall be the standard gallon, and its parts, furnished this state by the government of the United States. Sec. 4438. [Contents of a barrel.] The barrel shall be equal to thirty-one and one-half gallons, and two barrels shall constitute a hogshead; and barrels for the purpose of containing apples, potatoes, onions or any other kind of fruit, produce or vegetables, shall be made of staves of seasoned timber,twenty-eight and one-half inches in length with cut heads of seventeen and one-eighth inches in diameter and shall measure at the bulge not less than sixty-six inches in circumfer- ence, outside measure. Sec. 4438a. [Branding.] Such barrel shall be known as "the standard barrel," and on the outside of one or more of the staves of each and every such barrel there shall be stamped orbrandedthewords "state of Ohio, standard," and the name of the cooper or manufacturer of such barrel, and the name of the city or town the nearest to which the cooper-shop or plaj:e of business of such manufacturer is located. Sec. 4439. [Half-bushel the standard measure for substances not liquids.] The unit or standard measure of capacity for substances not being liquids, from which all other measures of such substances 120 LAWS RELATING TO AGRICULTURE. shall be derived and asc'ertained, shall be the standard half bushel furnished this state by the government of the United States, the in- terior diameter of which is thirteen inches and thirty-nine fortieths of an inch, and the depth is seven inches and one twenty-fourth of an inch. Sec. 4439-1. [Unlawful to use other than standard half-bushel in testing milling weight, etc.] It shall be unlawful for any person, commission-merchant, miller, dealer, grain-inspector, corporation, company, firm or association, either by himself, itself, officer, agent, or employe, when purchasing or receiving in barter or exchange for flour or otherwise, from the original producer, his agent or employe, to use for the purpose of testing or determining the weight, grade, milling or market value of wheat, any measure other than the standard half- bushel furnished this state by the United States; and the use of any fractional part of said standard half-bushel measure for such purpose will be a violation of this section. Sec. 4439-2. [Penalty; disposition of fines.] Any person, com- mission-merchant, miller, dealer, grain-inspector, corporation, com- pany, firm or association, or any person acting as officer, agent or employe, found guilty of a violation of section i of this act, (4439-1) shall he fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned in the county jail not more than thirty days, or both, at the discretion of the court. Fines collected for viola- tion of this act shall be paid into the county treasury to the credit of the county fund. Sec. 4439-3. [Duty of prosecuting attorney; fee.] It shall be the duty of the prosecuting attorneys to see that this act is enforced in their respective counties ; and for each conviction of violation thereof they shall be entitled to a fee of twenty dollars, to be paid out of the county funds upon the allowance of the commissioners of the county. Sec. 4440. [Sub-divisions of half bushel.] The peck, half-peck, quarter-peck, quart, and pint measure for measuring commodities which are not Hquids, shall be derived from the half bushel by dividing that and each successive measure by two. Sec. 4441. [Heaped measure.] Articles usually sold by heaped measure shall be heaped up in a conical form as high as the articles to be measured will admit. Sec. 4442. [How dry commodities measured.] Measures for measuring dry commodities not usually heaped shall be struck with a straight stick.with the edges rounded ; and all commodities, not liquids, when sold by the gallon or less, shall be sold by dry measure. Sec. 4442-1. [Legal measures for small fruits; penalty.] The measure used in the selling of or vending- berries and all other small fruits shall be the standard dry measure bushel and fractions thereof, and any person vending or selling such fruits and using a measure other than the standard dry measure, shall be fined not less than ten nor more than fifty dollars. LAWS RELATING TO AGRICULTURE. 121 Sec. 4443. [Standard weight of bushel.] A bushel of the respec- tive articles hereinafter mentioned shall mean the amount of weight, avoirdupois, in this section specified, viz: Of wheat, sixty pounds; Of rye, fifty-six pounds ; Of oats, thirty-two pounds; Of clover seed, sixty pounds; Of timothy seed, forty-five pounds ; Of hemp seed, forty-four pounds; Of millet seed, fifty pounds; Of buckwheat, fifty pounds; Of beans, sixty pounds; Of peas, sixty pounds; Of hominy, sixty pounds; Of Irish potatoes, sixty pounds; Of sweet potatoes, fifty pounds ; ■ Of onions, fifty-five pounds ; Of dried peaches, thirty-three pounds; Of dried apples, twenty-four pounds; Of flax seed, fifty-six pounds; Of barley, forty-eight pounds; Of malt, thirty-four pounds ; Of Hungarian grass seed, fifty pounds; Of lime, seventy pounds; Of coke, forty pounds ; Of bituminous coal, eighty pounds; Of cannel coal, seventy pounds; Of corn, shelled, fifty-six pounds; Of corn in the ear, sixty-eight pounds; Of pop-corn in the ear, forty-two pounds ; Of tomatoes, fifty-six pounds ; Of apples, fifty pounds; Of peaches, forty-eight pounds; Of turnips, sixty pounds; Of carrots, fifty pounds ; Of beets, fifty-six pounds. Sec. 4444. [Contents of bushel for measuring stone coal and lime.] The standard bushel of stone coal, coke, or unslacked lime, shall contain twenty-six hundred and eighty-eight cubic inches; and the lawful measure for measuring such articles shall contain two bushels, and be of the following interior dimensions: twenty-four in- ches diameter at the top, twenty inches at the bottom, and fourteen and one-tenth inches deep. , Sec. 4444a. [Standard of measurement for bushel of charcoal.] The standard of measurement for a bushel of charcoal shall be twenty- seven hundred and forty-eight (2748) cubic inches. Sec. 4445. [When coal may be sold by weight and when by measurement.] Where facilities can be had, all sales of coal shall be by weight; and two thousand pounds avoirdupois shall constitute a 122 LAWS RELATING TO AGRICULTURE. ton thereof; but where coal cannot be weighed it may be sold by measurement. Sec. 4446. [Liability of person selling coal in violation of pro- visions.] Whoever sells stone coal in violation of the provisions of this chapter shall be liable to the person, to whom the coal is sold and delivered in treble damages, to be collected in a civil action before any court of competent jurisdiction; if the defendant in such action does not reside in the county where the mine is located, service rnay be had upon him by copy of the summons left at his place of business ; and any judgment recovered in such case shall be a lien upon all property of the defendant in the county from the day of service; but this section shall not apply to any person or corporation mining or selling less than fifteen thousand bushels of coal annually. TIME. Sec. 4446-1. [Making part of first Tuesday after first Monday in Novemiier a legal part holiday.] The first Tuesday after the first Monday in November of each year, from and between the hours of twelve o'clock noon and two o'clock p. m., shall be, for election pur- poses only, a legal part holiday. And no employe who is an elector shall be compelled or required to perform any labor between said hours, nor shall any employer or his or its officers or agents discharge any such employe because he fails or refuses to labor between said hours or require or order any such employe to accompany him to the voting plac.e of such employe, and any person violating any of the provisions of this act shall upon conviction be fined not more than twenty-five dollars. Sec. 4446-2. [Labor day.] The first Monday in September of each and every year shall be kno.wn as labor day, and for all purposes whatever considered as the first day of the week. Acts of amusement may be Indulged in on labor day thougb prohibited on Sunday, for the title of this act calls it a holiday; but a .iiidgment rendered on that day is absolutely void: Joseph Speidel Grocery Co, v. Armstrong, 8 C. C, 489; 1 0. D., 534. Sec. 4446-3. [Central standard time.] The standard of time throughout this state shall be that of the ninetieth meridian of longi- tude west from Greenwich, by which all courts, banks and public offices, and all legal or official proceedings shall be hereafter regulated. Whenever,by the laws of this state, or by any law, rule, order or process of any authority, created by or pursuant to the laws of this state, any act is required to be performed, at or within any prescribed time, such act shall be performed according to the standard of time of the nine- tieth meridian of longitude west of Greenwich, known as central standard time. Sec. 4446-4. [Time piece in or upon public building to keep cen- tral standard time.] Wherever there is a clock or other timepiece in or upon a public building within this state, the same being main- tained at the pubhc expense, it shall be the duty of the board of county LAWS RELATING TO AGRICULTURE. 123 commissioners, board of education, or other persons having control and charge of such building, to have said clock or other timepiece set and run according to the standard of time established by the act passed March 22, 1893, entitled "An act to establish a uniform system of keep- ing time throughout the state of Ohio." AN ACT To amend an act entitled, "An act to amend an act passed April 14, 1900, entitled, 'An act to prevent tlie introduction and spread of the San Jose scale and other dangerous insects and dangerously contagious diseases affecting trees, shrubs, vines, plants and fruits,' passed by the general assembly of Ohio, May 10, 1902." Sec. I. [State board of agriculture empowered to make regula- tions for control and prevention of dangerously injurious insect pests and plant diseases.] The Ohio state board of agriculture is hereby empowered and directed to make such regulations as may be deemed necessary for the. control of dangerously injurious insect pests and plant diseases, and for the prevention of the spread of San Jose scale, peach yellows, black knot and any other dangerously injurious insect pests or plant diseases which are hereby declared a public nuisance and are liable to be transmitted on nursery stock. Said board is hereby authorized to establish a division of nursery and orchard inspection in the Ohio department of agriculture, and to appoint a competent entomologist as the chief inspector of said division, and the neces- sary assistants, who shall, under the direction of the board have charge of the inspection of nurseries and orchards, as hereinafter provided; he may investigate, or cause to be investigated, outbreaks of danger- ously injurious insect pests or plant diseases, and recommend suitable measures to be taken for their eradication or control; he is empowered to devise and test practical remedies for their suppression, and pub- lish the results of these investigations and such other information as may be deemed necessary. , Sec. 2. [Application for inspection of nursery stock and premises.] Every nurseryman or other person in the state of Ohio who is en- gaged in growing trees, shrubs, plants and vines for sale, except such as are hereinafter specified, shall on or before the first day of July of each year place, on file in the office of the Ohio department of agricul- ture an application for the inspection of his nursery stock and prem- ises. Failure to file such application, or the disposal of uninspected stock, either by sale or gift, shall render the owner liable to the penalty provided for in section 8 of this act. The chief inspector shall exam- ine, or cause to be examined, before September 15th of each year, or as often as may be deemed necessary by said board, the nurseries and premises of all parties whose applications for inspection have been filed. If upon such examination the nursery stock and premises appear to be free from San Jose scale, peach yellows, black knot and other 124 LAWS RELATING TO AGRICULTURE. dangerously injurious insect pests or plant diseases, a certificate of inspection shall be given to the owner or lessee stating the facts, and said certificate shall be issued before September 15th and shall be valid for one year from that date, unless sooner revoked for cause. If any dangerously injurious insect pests or plant diseases are found on nur- sery stock or premises, the chief inspector shall order and enforce such treatment, as shall be deemed sufficient, before granting a certifi- cate of inspection. Upon the written request of the owner or lessee of any nursery premises, that has been regularly inspected in accord- ance with the provisions of this section, the said board, through the chief inspector, may issue a certificate of fumigation, provided that all the requirements of the said board have been complied with, and that the said fumigation shall be in accordance with the directions, and under the supervision, of an authorized assistant inspector ap- pointed by said board. The provisions of this act shall not apply to greenhouse plants and cuttings thereof, bulbs, flowers and vegetable plants. Sec. 3. [Anyone dealing in nursery stock must file with board statement that said stock has been duly inspected ; penalty for failure so to file.] Every agent, dealer or any other person, not engaged in growing trees, shrubs, plants or vines for sale, who sells or delivers such stock, shall before delivering the same annually place on file in the office of the Ohio department of agriculture a statement rnade up- der oath, before an officer qualified to administer oaths in the locality where he may reside, or if a nonresident of the state in the locality where the said stock is sold or delivered, that the said stock has been duly inspected and was received by him accompanied with a valid official certificate of inspection or fumigation. Said statement shall also designate the name of the grower or growers from which such stock, was obtained and the name of the owner or owners of the cer- tificate or certificates under which the same is sold or delivered. The premises of any such person or persons as aforesaid shall be subject to inspection and to such regulations as may be deemed necessary Dy the Ohio state board of agriculture, for the prevention of the spread of dangerously injurious insect pests or plant diseases. Failure to file such sworn statement, or the sale or delivery of such stock after the certificate under which it was bought has become invalid shall render the agent or dealer liable to the penalties prescribed in section 8 of this act. [When this section shall not apply.] The provisions of this sec- tion shall not apply to any person or persons who sells or delivers such stock from nurseries within this state that hold a valid certificate which is provided for in this act, if the said stock is delivered direct from the nursery to the grower in the original package. Sec. 4. [Use of certificate when nursery stock shipped within the state.] Whenever a nurseryman, or any other person, shall ship or deliver, withm this state, except for scientitfic purposes, trees shrubs, plants or vines, commonly known as nursery stock not ex- cepted in section 2 of this act, he shall place upon each car load box bale or other package, a copy of certificate provided for in section 2 of LAWS RELATING TO AGRICULTURE. 125 this act, and signed by the chief inspector, stating that the said stock is apparently free from dangerously injurious insect pests and plant diseases. The illegal use of said certificate, by changing, defacing, or placing it on uninspected stock, or using the same after the date of ex- piration or revocation, shall render the owner or shipper liable to the penalties prescribed for a violation of this act. Sec. 5. [Same when stock is shipped into state.] Every package of trees, shrubs, plants or vines shipped into this state from any other state, territory, country or province, shall be plainly labeled on the outside with the names of the consignor and consignee, and a cer- tificate stating that the contents have been inspected or fumigated by a state or government officer, and that the trees, shrubs, plants or vines therein contained are apparently free from dangerously injur- ious insect pests and plant diseases. If any trees, shrubs, plants or vines shall be shipped into this state without such certificate plainly affixed on the outside of the package, box or car containing the same, the facts must be reported within twenty-four hours to the chief in- spector, or a regularly appointed assistant, by the railroad, express or steamboat company, or by any other person or persons carrying the same, and it shall be unlawful to deliver such property until it has been examined by a regularly appointed inspector, and by him certi- fied to be apparently free from dangerously injurious insect pests and plant diseases. Any agent or common carrier, or persons carrying such property as aforesaid, who shall fail to give such notice as is hereby required, shall be deemed guilty of a violation of this act. When nursery stock is shipped into this state accompanied by a cer- tificate, as herein provided, it shall be held as prima facie evidence of the facts therein stated, but the chief inspector, when he has reason to believe that any such stock is infested or infected, as hereinbefore described, is hereby authorized to cause the same to be examined. In case the same is found to be infested or infected by dangerously in- jurious insects pests or plant diseases, it shall be seized and the ship- per shall be immediately notihed, and after ten days from such seiz- ure it may be declared a public nuisance and destroyed. Sec. 6. [Examination of trees, plants, etc., upon petition.] Upon the petition of any freeholder or lessee within the state of Ohio, the chief inspector may cause to be examined any trees, shrubs, plants or vines, either on the premises of said petitioner, or in dangerous proximity thereto, as to the presence of dangerously injurious insect pests or plant diseases; arid shall by himself, or through his assistant, have the right, within reasonable hours, to enter upon any premises in the prosecution of the duties defined in this act. If the examina- tion discloses the presence of San Jose scale, peach yellows, black knot or any other dangerously injurious insect pest or plant disease, the chief inspector shallnotify the owner or lessee of the premisesin writing of the facts by mailing such notice to his usual post office address. He shall also state the limit of time within which treatment must be ap- plied by the owner or lessee, in accordance with the directions issued by the Ohio state board of agriculture, and specify such trees, shrubs, plants or vines as must be destroyed, also when they shall be declared a pubHc nuisance, provided the aforesaid orders are not complied with. 126 LAWS RELATING TO AGRICULTURE. Should the owner fail to apply the treatment required in said notice in a satisfactory jnanner, and within the time specified, such treatment may -be carried out under the direction of the chief inspector, and the entire cost of such treatment shall be certified to the county auditor of the county in which the property is located, and the same shall be- come a lien on the premises and shall be collected by the county treas- urer as other taxes, and when collected shall be paid to the Ohio state board of agriculture. The owner of any premises as hereinbefore mentioned shall, in addition, be deemed guilty of a violation of this act, by reason of failure to comply with the requirements of said notice and shall be liable to the penalty provided. Sec. 7. [Destruction of trees, etc., by inspectors; judicial inves- tigation.] Whenever the chief inspector, or any duly appointed as- sistant inspector, shall order any trees, shrubs, plants or vines grow- ing in this state, or any nursery stock that has been shipped in from outside the state, to be destroyed, and the owner shall fail, for ten days after notice of such order, to destroy the same, as directed by such order, such failure shall be deemed a demand on the part of the owner to have judicially determined the right to enforce such destruc- tion, and shall act as a stay upon the proceedings until such judicial determination shall be had ; and, in such case, the chief inspector, or any duly appointed assistant inspector, shall commence, without delay, an action in the probate court of the county in which the trees, shrubs, plants, or vines or nursery stock are located, by filing an affidavit therein, setting forth that the trees, shrubs, plants or vines or nursery stock are infested or infected with dangerously injurious insect pest or plant diseases, a description of the premises whereon the same are located, the name of the owner or lessee of such premises, and of all persons having an interest in such premises or trees, shrubs, plants or vines, and, if the same are nursery stock, the name of the person, firm or corporation in whose possession the same are found, and that ten days have elapsed since orders have been made for the destruction of the same, and that such orders have not been obeyed. Upon such affidavit being filed, the probate -judge shall issue summons for all persons named in such affidavit, which shall contain a copy of said affidavit, commanding them to appear at a time to be fixed therein, not exceeding five days from the date thereof, to answer such com- plaint ; such summons shall be directed to, and served by, the sheriff of the county, and may be served by him in any county in this state, and shall be served and returned, as directed by said probate court. At the time fixed in such summons, if the jury be not waived, said court shall order a jury to be drawn, and such jury shall be drawn, sum- moned, and impanelled, as in other civil cases, in probate courts, and the state of Ohio shall be plaintiff and the persons named in the affi- davit shall be defendants, and no pleadings other than such affidavits shall be required, and the issue shall be whether said trees, shrubs, plants or vines, or nursery stock, are infested or infected with' danger- ously injurious insect pest or plant diseases, and all proceedings shall be had in the trial of such complaint, as are provided for the trial of civil cases, in probate courts. If the jury shall find that the orders for the destruction of the trees, shrubs, plants or vines, or nursery stock should be obeyed, it shall return a verdict finding the issues LAWS RELATING TO AGRICULTURE. 127 with the plaintiff, but if it should fail to so find,- it shall return a ver- dict finding the issues with the defendant or defendants ; and if the issues are found with the plaintiff, the court shall enter judgment against the defendant, or defendants, for costs, and cause execution to be issued therefor, and shall issue an order to the chief inspector, or assistant inspector, to enforce the orders by him made; but if the issues are found with the defendant, or defendants, the action shall be dismissed and the orders for destruction annulled, and the costs shall be ordered paid by the Ohio state board of agriculture, and paid by it out of any funds appropriated for carrying out this act. In the mat- ter of taxing and apportioning costs, the court shall have the same equity powers as are now conferred upon courts of common pleas. Sec. 8. [Penalty for violation of this act.J Any owner or lessee who shall fail,neglect,orrefuse to treat infested or infected trees, shrubs plants or vines within the time, and in the manner, prescribed in said notice, and any persomwho shall be ordered to destroy any trees,'shrubs, plants or vines, or nursery stock, and shall fail, neglect or refuse to de- stroy the same, as ordered, within ten days after the probate court shall have issued its order to the chief inspector, or assistant inspector, to enforce the orders by him made, and any person who shall fail, neg- glect, or refuse to comply with, or obey, any order made pursuant to the provisions of this act, or who shall fail, neglect, or refuse to comply with any of the requirements or provisions hereof, or who shall violate or neglect to carry out, or offer any hindrance to the carrying out of any of the provisions of this act, shall be adjudged guilty of a mis- demeanor, and, upon conviction thereof, shall be fined not less than ten dollars or more than one hundred dollars for the first offense, and not less than fifty dollars or more than three hundred dollars for any subsequent offense, and the costs of prosecution, and stand com- mitted until the same are paid. It shall be the duty of the prosecuting attorney of the county to conduct all prosecutions under this act, and all fines recovered shall be paid to the Ohio state board of agriculture. The probate court of each county in this state shall have original and final jurisdiction in all the prosecutions under any of the provisions of this act, and, for the trial of the same, such courts shall always be open, regardless of the terms fixed in said courts for the trial of crim- inal cases, and the complainant shall not be required to give security for costs. Sec. 9. [Annual report to governor.] The Ohio state board of agriculture shall make an annual report to the governor of the state concerning the operations of the divisions of nursery and orchard in- spection, which shall give the number of nurseries inspected, the num- ber of certificates issued, the number of trees treated and destroyed by the direction of the chief inspector, and such other information as may be deemed necessary. Sec. 10. [Repeals, etc.] Said act passed May lo, 1902, entitled "An act to amend an act passed April 14, 1900, entitled 'An act to pre- vent the introduction and spread of the San Jose scale and other dangerous insects and dangerously contagious diseases affecting trees, 128 LAWS RELATING TO AGRICULTURE. shrubs, vines, plants and fruits' " is hereby repealed ; and that this act shall take effect and be in force from and after its passage. Passed April 20, 1904. Approved April 22, 1904. AN ACT To provide for county inspectors of apiaries and defining their duties, and providing for their compensation, for the purpose of curing and avoifling foul brood or other diseases among bees and th«ir hives. Sec. I. [Upon petition county commissioners may appoint bee inspector.] That whenever a petition is presented to the board of county commissioners of -any county in the state of Ohio, signed by three or more persons, all of whom are_ residents of said county, and possessors of an apiary or place where bees are kept, stating that certain apiaries within said county are infected with the disease known as foul brood, or any other disease which is injurious to bees or their larvas, praying that an inspector be appointed by said board of county commissioners, said board of county commissioners may within five days after the presentation of said petition appoint a person as bee in- spector who is resident of said county who shall be a skilled bee- keeper, having thorough knowledge of foul brood and other diseases injurious to bees and their larvae and the treatment of same. Sec. 2. [Appointee shall file acceptance of office. Vacancies.] The person so appointed shall within five days after his appointment file with the said board his written acceptance of the office, or, in de- fault thereof, or in case of vacancy, the board shall in the same man- ner make new appointments until the said office is filled. The in- spector shall hold his office for two years and until his successor is ap- pointed and qualified, except when upon petition of ten persons, (each of whom is a resident of said county and possessor of an apiary) to the board of C9unty commissioners of said county, may remove said inspector for cause, after a hearing of petitioners. Sec. 3. * [\Vhen affidavit to be filed stating that certain apiaries are affected with disease.] Any bee-keeper or other person who shall have cause to believe that an apiary in his county, is affected with foul brood or other disease, either in his own apiary or elsewhere, shall make affidavit stating that on information or belief, he believes that certain apiaries, describing the location, naming the owner' or keeper, is affected with foul brood or other disease, and his ground for such belief. On receiving said affidavit, from any source of the existence in any apiary in his county, of the disease known as foul brood, or any other infectious or contagious disease of bees, the county inspector of bees shall forthwith inspect each colony of bees and all hives, im- plements and apparatus, honey and supplies on hand or used in 'con- nection with such apiary, and distinctly designate each colony or apiary LAWS RELATlNd to agriculturr:. 129 which is infected, and notify the owner, or person in charge of said bees thereof, in writing, and the owners of said bees, or the persons in charge thereof to practically and in good faith apply, and thereafter fully and effectually carry out to and upon such diseased colonies, such treatment as may have been prescribed by the said inspector for such cases ; also thoroughly disinfect, to the satisfaction of the inspec- tor all hives, bee-houses, combs, honey and apparatus that have been used in connection with any such diseased colonies ; or, at his election, the said owner or person in charge of such bees may, within the same time utterly and completely destroy said bees, hives, houses, comb- houses, honey and apparatus by first killing the bees, (by the use of sul- phur fumes when the bees are in the hives for the night), by fire or bury the same in the ground with a covering of not less than two feet of earth. Sec. 4. [Inspector shall have right to enter premises of any bee- keeper for purpose of inspecting bees; penalty for refusing to allow entry.] The inspector of bees, shall have the right to enter the prem- ises of any bee-keeper, where the bees are kept, and inspect such bees, and any person resisting or refusing to allow said inspection by said bee-inspector, shall be guilty of a misdemeanor, and may be then and there arrested by said bee inspector or person deputized by him, and brought before a justice of the peace and upon conviction, shall be fined not less than ten dollars, nor more than twenty-five dollars. Sec. 5. [After inspecting the inspector shall disinfect person and clothing.] After inspecting, working with, or handling infected hives or fixtures, or handling diseased bees, the inspector or other person shall, before leaving the premises, or proceeding to any other apiary, thoroughly disinfect his own person and clothing, and shall see that any assistant or assistants with him have also thoroughly disinfected their clothing and person. Sec. 6. [Inspector may order owner of bees dwelling in box- hives to remove same to movable frame hives ; penalty for failure so to do.] The inspector shall have full power in his discretion to order any owner or possessor of bees dwelling in box-hives, in apiaries where the disease exists (being mere boxes without frames) to transfer such bees to movable frame hives within a specified time, and in default of such transfer, the same shall become unlawful and the inspector may de- stroy, or order for destruction of such box hives and the bees dwelling therein, as a public nuisance. Sec. 7. [Penalty for disposal of diseased bees or infected combs, appliances, etc.] Should any owner of, or keeper of, or other person having diseased bees or their larvae, or of any affected hives of combs, appHances or utensils for bee keeping, sell or barter, or give away the same, or allow the same or any part thereof to be moved, such person shall be guilty of a misdemeanor, and upon conviction such person shall be fined not less than ten dollars, nor more than twenty-five dollars. 9— F. H. B. 130 LAWS RELATING TO AGRICULTURE. Sec. 8. [Penalty for unauthorized disposal of bees, hives or ap- purtenances.] Should any person, whose bees have been destroyed or treated for foul brood, sell, or offer for sale, any bees, hives or appur- tenances of any kind after such destruction or treatment, and before being authorized by the inspector to do so, or should he expose, in his bee yard or elsewhere, any infected comb honey, or other infected thing, or conceal the fact that such disease exists among his bees, such person shall be guilty of a misdemeanor and upon conviction, such person shall be fined not less than ten dollars, nor more than twenty- five dollars. Sec. 9. [Penalty for failure to comply with instructions of in- spector.] If any owner or keeper of bees, knows of, or after being notified by the bee inspector, that foul brood or other infections er con- tagious disease exists in any of the hives in the apiaries owned or in charge of said persons and shall fail to comply within ten days from receiving said knowledge and the date of receiving instructions from the county inspector to cure or destroy the bees or hives, or their ap- pliances, such person shall be guilty of a misdemeanor and upon con- viction thereof such person shall be fined not less than ten dollars nor more than twenty-five dollars. Sec. ID. [Penalty for disobeying orders of inspector.] When the owner or possessor of bees shall disobey the directions of said bee inspector in curing or destroying any diseased bees, honey, hives or appliances shall become unlawful and a public nuisance, and the said bee inspector shall at once destroy said bees, honey, hives or ap- liances, and may deputize such additional persons as he may find necessary to effect said destruction. Sec. II. [Inspector's monthly report.] The inspector shall make a monthly report in writing, under oath, to the board of county com- missioners, in which report he shall state the days and number of hours in the preceding month spent by him in the actual discharge of his duties, and shall in said report state the name of the owner or keeper, and the location of the apiary upon which such time was spent in curing or destroying said bees, together with an itemized ac- count, showing the dates and amounts for what incurred, money spent for any discharge of his duties, and to whom the same was paid, and for what services and considerations such indebtedness was in- curred, and accompany said report with the affidavits given him under and in pursuance of section 3 of this act, and make full and com- plete report of all he did and results of his treatment of any apiary. Sec. 12. [Compensation of inspector.] After the inspector of bees in any county shall make report, as provided in the preceding section, said county commissioner sViall allow to said inspector of bees two dollars for a full day, and one dollar for each half day. necessarily and actually employed in the discharge of his duties under this act together with his necessary and actual expenses while so employed' to be audited, allowed and paid by the county treasurer upon the warrant of the county auditor. Pa.ssed April 15, 1904. Approved April 21, 1904. LAWS RELATING TO AGRICULTURE. IBl FERTILIZERS. Sec. 4446a. [How package containing commercial fertilizer to be marked.] Any person or company who shall offer, sell or expose for sale in this state, any commercial fertilizer, shall affix to every package, in a conspicuous place on the outside thereof, a plainly printed certificate stating the number of net pounds in the package sold or offered for sale, the name or trade mark under which the arti- cle is sold, the name of the manufacturer and the place of manufacture, and a chemical analysis stating the percentage of nitrogen, or its equivalent in ammonia, in an available form, of potash soluble in water and of phosphoric acid, in an available form (soluble or re- verted) as well as the total phosphoric acid. As to penalty, see § 4446/. Criminal penalty for violating these sections, see § 7002. Sec. 4446&. [Person ofTering same for sale to deposit sample with secretary state board of agriculture.] Before any commercial ferti- lizer is sold or offered for sale, the manufacturer, importer, or party who causes it to be sold, or offered for sale within the state of Ohio, shall file with the secretary of the Ohio state board of agriculture, a certified copy of the certificate referred to in section one [444611) of this act, and shall deposit with said secretary, a sealed glass jar, con- taining not less than one pound of the fertilizer, accompanied with an affidavit that it is a fair average sample. As to penalty, see § 4446/. Criminal penalty for violating these sections, see § 7002. Sec. 4446c. [Manufacturer, importer, or agent to pay license.] The manufacturer, importer or agent of any commercial fertilizer, shall pay, annually, on or before the first day of May, a license fee of twenty dollars on each brand, for the privilege of selling or offering for sale within the state, said fee to be paid to the secretary of the Ohio state board of agriculture ; provided, that whenever the manufacturer or im- porter shall have paid the license fee herein required, for any person acting as agent for such manufacturer or importer, such agent shall not be required to pay the fee named in this section. As to penalty, see § 4446/. Criminal penalty for violating these sections, see § 7002. Sec. 4446^. [Analysis to be made by secretary of state board of agriculture.] All analysis of commercial fertilizers sold within the state shall be made by, or under the direction of the secretary of the Ohio state board of agriculture, and paid for out of the funds arising from license fees, as provided for in section three [4446c]. At least one analysis of each fertilizer sold, shall be annually made. Sec. 4446^. [Secretary to publish, annually, report of analyses made and fees received.] Said secretary shall publish annually, a cor- 132 LAWS RELATING TO AGRICULTURE. rect report of all analyses made and certificates filed, together with a statement of moneys received on account of license fees and expended for analyses, and any surplus arising from license permits shall be placed to the credit of the agricultural fund. Sec. 4446/. [Penalty for exposing for sale or selling commercial fertilizer unlawfully.] Any person or party who shall offer or expose for sale, or sell, any commercial fertilizer without complying with the provisions of sections 4446a, 4446^ and 4446c of the Revised Statutes, or shall permit an analysis to be attached to any package of such fertilizer, stating that it contains a larger percentage of any one or more of the constitutents named in said section 4446a than it really does contain, shall be subject to a penalty of not less than two hundred dollars for the first offense, and not less than five hundred dollars for every subsequent offense, to be recovered in a civil action, and the offender, in all cases, shall also be liable for damages sustained by the purchasers of such fertilizers; provided, however, that a de- ficiency of one per cent, of the nitrogen, potash or phosphoric acid claimed to be contained, shall not be considered as evidence of fraud- ulent intent. Criminal penalty also provided, see § 7002. Sec. 4446^. [Where suits to recover penalties may be brought.] Suit may be brought for the recovery of penalties under the provisions of this act in the court of common pleas of the county where the fer- tilizer was offered for sale, or sold, or where it was manufactured, and all penalties so recovered, shall be paid into the state treasury to the credit of the general revenue fund. Criminal penalty also provided, see § 7002. Sec. 4446/?. [Secretary of state board of agriculture may select packages to be analyzed.] The secretary of the Ohio state board of agriculture, or any person by him deputized, is hereby empowered to select from any package of commercial fertilizer exposed for sale in any county in Ohio, a quantity not exceeding two pounds; which quantity shall be for analysis to compare with sample deposited with said secre- tary, as provided for in section two [4446^] of this act and with the printed certificate found on the given package found on sale. Sec. 4446J. [All suits under this act to be brought by secretary state board of agriculture.] All suits for the recovery of fines, under the provisions of this act, shall be brought by the secretary of the Ohio state board of agriculture, in the name of the state of Ohio. AN ACT To regulate the manufacture and sale of commercial feed stuffs. Sec. I. [Packages of commercial feed stuffs to be labeled; what label to contain.] Every manufacturer of commercial feed stuffs, and LAWS RELATING TO AGRICULTURE. 133 every person, firm or company that shall sell, offer for sale or expose for sale the same in this state, shall furnish with each car or other amount shipped in bulk, and shall affix to every package of such com- mercial feed stuffs, in a conspicuous place on the outside thereof, a plainly printed statement clearly and truly certifying the number of net pounds in the shipment, or in each package containing such commercial feed stuffs, the name or trade mark under which it is sold, the name ofthe manufacturer or shipper, the place of manufacture or the place of business of the shipper and a chemical analysis stating the percentage it contains of crude protein (allowing one per centum of ni- trogen to equal six and one-fourth per centum of protein), crude fat and crude fiber. Sec. 2. [Copy of label and sample of feed stuffs to be filed with secretary of state board of agriculture.] Before any commercial feed stuffs shall be sold or offered for sale in Ohio, the manufacturer, ship- per, company, firm or person who causes it to be sold or offered for sale, within the state, shall file with the secretary of the Ohio state board of agriculture a certified copy of the certificate referred to in section i of this bill, and shall deposit with said secretary a sealed ^■Iass jar or bottle containing not less than one pound of the said stuffs, sold or offered for sale, accompanied by an affidavit that it is a fair average sample. Sec. 3. [License and fee therefor.] The manufacturer, importer or agent of any commercial feed stuff, shall pay annually, on or before the first dav of March, a license fee of $25.00 on each brand, for the privilege of selling or offering for sale within the state, said fee to be paid to the secretary of the Ohio state board of agriculture, provided: That whenever the manufacturer or importer shall have paid the license fee herein required, any person, company or firm selling, or offering for sale, any commercial feed stuff, or acting as agent for such manu- facturer or importer, shall not be required to pay the fee named in this section. On receipt of proper application for license, with license fee, the secretary of the Ohio state board of agriculture shall issue license for the current year; all licenses shall expire with the calendar vear, December 31st. Sec. 4. ["Commercial feed stuffs" defined.] The term "com- mercial feed stuffs" as used in this act shall include linseed meal, cot- ton seed meal, pea meal, cocoanut meal, rice meal, gluten meal, gluten feeds, dried brewers' grain, malt sprouts, hominy feeds, cerealine feeds, oats feeds, mixed feeds, and all materials of similar nature ; but shall not include hay, straw, whole seeds, the mixed meals made directly from the entire grains of wheat, rye, barley, oats, Indian corn, buckwheat and broom corn, wheat, bran or middlings not mixed with other substances, but sold separately as distinct articles of commerce, and pure grains mixed and ground together. Sec. 5. [Under whose direction analysis to be made and how paid for.] All analysis of commercial feed stuffs, sold within the state shall be made by, or under the direction of, the secretary of the Ohio state board of agriculture, and paid for out of the funds arising from 134 LAWS RELATING TO AGRICULTURE. license fees provided for in section 3 of this act. At least one analysis of each brand of commercial feed stuffs shall be made annually, if samples can be found in possession of agents, dealers, or consumers. Sec. 6. [Penalty for failure to comply with this act.] Any man- ufacturer, company, firm, agent or dealer.who shall sell or offer for sale, or expose for sale, any commercial feed stuffs in this state,without com- plying with the requirements of this act, or shall sell or offer or expose for sale, any commercial feed stuffs which contain a smaller percentage of constitutents than it is certified to contain, shall upon conviction be fined not more than one hundred dollars for the first offense, and not more than two hundred dollars for each subsequent offense, and the offender in all cases, shall also be liable for damages sustained by the purchaser of such commercial feed stuffs ; provided, however, that a deficiency of two per centum of crude protein or two per centum of crude fat, or an excess of two per centum of crude fiber, claimed to be contained shall not be considered as evidence of fraudulent intent. Sec. 7. [Penalty for failure to properly mark or brand adulterated packages.] Any person who shall adulterate any kind of meal, ground grain, bran or middlings with any other substance whatever, for the purpose of sale shall plainly mark or brand each and every package with a correct statement as to the proportions and kind of adulterant or adulterants used therein. The penalty for violating this section shall be a fine of not less than ten dollars or more than two hundred dollars for the first offense, and not less than twenty-five dollars or more than five hundred dollars for each subsequent offense. Sec. 8. [Secretary of board of agriculture authorized to withdraw from packages, etc., sample for analysis.] The secretary of the Ohio state board of agriculture, or any person deputized by him, is hereby authorized to draw from any package or bulk quantity of commercial feed stuffs exposed for sale, or found in possession of any purchaser, in any county in Ohio, a quantity not exceeding two pounds which shall be for analysis, as provided in section 5 of this act. Sec. 9. [Prosecutions under this act.] All suits for the recovery of fines, under the provisions of this act, shall be brought by the sec- retary of the Ohio state board of agriculture, in the name of the state of Ohio. All prosecutions under this act shall be governed by section 3718a of the Revised Statutes of Ohio and said section shall control all such prosecutions. Sec. 10. [Publication of reports of analyses.] The secretary of the Ohio state board of agriculture shall publish, annually, a correct report of all analyses made and all licenses issued for the sale of commercial feed stuffs, together with a statement of all moneys re- ceived on account of license fees and all expenditures made in con- nection with securing samples, and having the same analyzed ; and any surplus shall be placed to the credit of the agricultural fund. Passed April — , 1904. Approved April 25, 1904. LAWS RELATING TO AGRICULTURE. 135 COUNTY DITCHES. Sec. 4447. [Ditches and water courses ; county commissioners may construct, improve, etc., when.] The commissioners of any county at any regular or called session may, in the manner provided in this chapter, when the same is necessary to drain any lots, lands, public or corporate road or railroad, and will be conducive to public health, convenience or welfare, cause to be located, and constructed, straight- ened, widened, altered, deepened, boxed or tiled, any ditch, drain or water-course, or box or tile any portion thereof or cause the channel of all or any part of any river, creek or run, within such county to be improved by straightening, widening, deepening or changing the same, or by removing from adjacent lands any timber, brush, trees or other substance liable to form obstruction therein. Sec. 4448. [Meaning of words "ditch" and "according to bene- fits" as used herein.] The word "ditch" as used in this chapter shall be held to include a drain or watercourse. The petition for any such improvement shall be held to include any side, lateral, spur or branch ditch, drain or watercourse necessary to secure the object of the improvement, whether the same is mentioned therein or not; but no improvement shall be located unless a sufficient outlet is provided. The words "according to the benefits" used in this chapter in direct- ing boards of county commissioners to assess lands for ditches and in directing engineers to report assessments for the same shall not be held to authorize any assessments for benefits conferred upon lands by nature nor the right of easement of the owners of superincumbent lands to pass the water therefrom through natural watercourses. [Commissioners may change terminus.] And the commissioners may change either terminus of said ditch before its final location if the object of the improvement will be better accomplished thereby. Sec. 4449. [When the ditch benefits a road.] When the im- provement will drain the whole or a part of anv public or corporate road, or a railroad, or will so benefit any such road thatthetraveled track or road-bed thereof will be improved by its construction, there shall be apportioned to the county, if the road is a state, county, or free turn- pike road, or to the township, if a township road, or to the corpora- tion, if a corporate road or railroad, a proper share of the costs and ex- penses thereof, as hereinafter provided. Sec. 4450. [Application for county ditch; bond.] Application for any such improvement shall be made to the commissioners of the county, signed by one or more owners of lots of lands which will be drained or benefited thereby, or shall be made by the street commis- sioner or supervisor of the road district in which the same is required to be done ; and the trustees of any original surveyed township owning land granted by congress for the support of common schools, or the infirmary directors of any county, may make such application and file the petition and bond provided for in this chapter. 136 LAWS RELATING TO AGRICULTURE. Sec. 4450-1. [Montgomery county commissioners authorized to protect the public against dangerous waters.] The commissioners of any county containing a city of the second grade, of the second class, are hereby authorized: in any case where the action of water results in injury to the general public, [or,] in any vicinity or community, threatens the safety; of any public road or bridge, or the security or convenience of public travel, the county commissioners may, of their own motion, without the filing of a petition as required by section four thousand four hundred and fifty, inaugurate proceedings for the establishment of, or the straightening, or improving of a county ditch, and establish, improve, or straighten the same, in accordance with the provisions of title six, chapter one, of the Revised Statutes of Ohio, or take such other action to control the flowage and discharge of such water as may be necessary to prevent such public injury. Sec. 4451. [Petition, what to contain, and bond.] The petition shall be filed with the county auditor and shall set forth the necessity and benefits of the improvement and describe the beginning, route and termini thereof. It shall also contain the names of all persons and corporations either public or private, who in the opinion of the peti- tioner or petitioners are in any way affected or benefited thereby, and [there] shall be filed therewith a bond, subject to the approval of said auditor, payable to the state of Ohio, with at least two sufficient sure- ties, in not less than two hundred dollars, conditioned for the payment of all costs if the prayer of the petition be not granted or be dismissed ior any «ause. Should the names of any person or corporation, either public or private, who are in any way affected by the proposed im- provement, be omitted from the petition, it shall be the duty of the comtnissioners, when they discover that such omission has been made, to supply such names, and cause notice to be served as herein pro- vided. AN ACT To amend section 4451a of the Revised Statutes, relating to ditch notice and copies thereof. Sec. 4451a. [County ditches; notice of filing of petition; day for hearing; notice and copies of said notice.] Said auditor shall there- upon give notice to the commissioners of the filing of said petition, together with a copy thereof. He shall fix a day for the hearing of the same, not more than thirty days from the date of said notice. The auditor shall prepare and deliver to said petitioners, or any one of them, a notice in writing directed to the lot or land owners and to the corporations either public or private affected by said improvement setting forth the substance, pendency and prayer of such petition! And the auditor shall also prepare copies of said notice, for which he shall receive six cents per one hundred words, but in no case more than twenty-five cents for any one notice, one of which shall be served LAWS RELATING TO AGRICULTURE. 137 upon each lot or land owner or left at his or her usual place of res- idence and upon an officer or agent of each public or private corpora- tion having its place of business in the county at least fifteen days before the day set for hearing, and the person who serves such notices shall make return on the notice, under oath, of time and man- ner of service, and file the same with -said auditor on or before that day. The person serving said notices shall receive two dollars for each day actually employed in said service. Said auditor shall at the same time give a like notice to each nonresident lot or land owner by publication in a newspaper printed and of general circulation in the county, at least two weeks before the day set for hearing, which notice shall be verified by affidavit of the printer, or other person, knowing the fact, and filed with said auditor on or before that day, and no further notice of said petition or the proceedings had under the same shall thereafter be required. Sec. 2. [Repeals.] That said original section 44510 of the Re- vised Statutes of Ohio is hereby repealed. Passed April 23, 1904. Approved April 23, 1904. Sec. 4452. [Hearings by commissioners.] Said commissioners shall meet at the place of beginning of said ditch as described in the petition on the day so fixed, as aforesaid, and hear any and all proof offered by any of the parties affected by said improvement, and other persons competent to testify; and shall go over and along the line of said improvement, and by actual view of the said ditch and the prem- ises along and adjacent thereto and to be drained or benefited thereby, determine the necessity thereof, and may adjourn from time to time and to such place as the necessity of the work may require ; and in case said commissioners find for said improvement, they shall fix a day for the hearing of application for any appropriations of land taken for said improvement and damages said parties affected by said im- provement or any of them may sustain thereby, and for the approval of the report of the county surveyor as hereinafter provided for. Sec. 4453. [When the commissioners find against the improve- ment.] If the commissioners find against the improvement, they shall dismiss the petition and proceedings at the cost of the petitioners, and they shall cause an itemized bill of all the costs to be rnade up by the auditor for their examination and approval, which shall include the per diem of the county surveyor, together with all costs necessarily made, except fees of the auditor and compensation of the commis- sioners. Sec. 4454. [Finding for the improvement; survey and plat.] If the commissioners find for the improvement, they shall cause to be en- tered on their journal an order directing the county surveyor to go upon the line described in the petition, or as changed by them in ac- cordance with section forty-four hundred and eighty-nine, and survey and level the same, and set a stake at every hundred feet, numbering down stream, note the intersections of lines and boundaries of lands, townships and county lines, landmarks, bench-marks and road-cross- 138 LAWS RELATING TO AGRICULTURE. ings, and make a report, profile and plat of the same, and estimate the number of cubic yards of earth or oth,er substance to be removed, and the cost per cubic yard for each working section as hereinafter pro- vided, and of each section of one hundred feet. Sec. 4455. [Engineer miist report an assessment, etc., of cost of ditches.] The commissioners shall, also by their order, direct the county surveyor or engineer to make and return a schedule of all the lots and lands, and public or corporate roads or railroads that will be benefited, with an apportionment of the cost of location, and the labor of constructing the improvement, in money, according to the benefits which will result to each, and in apportioning the costs of such im- provement the benefits to any lots or lands by diking the same in whole or in part shall be considered with other benefits, and a specifi- cation of the manner in which the improvement shall be made and completed, the number of flood-gates, waterways, farm crossings and bridges necessary, including kinds and dimensions thereof, and all county and township lines and railway crossings. Sec. 4456. [What the plat shall show.] The plat provided for in section forty-four hundred and fifty-four shall be drawn upon a scale sufficiently large to represent all the meanderings of the pro- posed improvement, and shall distinctly show the boundary line of each lot or tract of land, and of each road or railroad, to be benefited thereby, the name of the owner of each lot or tract of land as the same appears upon the tax duplicate at the time, the authority or company having in charge or owning or controlling each public or corporate road or railroad, the distance in feet through each tract or parcel of land, together with such other matters as the county surveyor deems material; the profile shall show the surface, the grade line arid the gradient fixed, and the county surveyor shall make and file with his report an itemized bill of all costs made in the proper discharge of his duties under this and the preceding two sections, and shall file his report with the county auditor within thirty days after making the survey and level. Sec. 4459. [Commissioners may change apportionment.] If the commissioners find that the apportionment, reported by the county sur- veyor, is unfair and unjust, and ought not to be confirmed, they shall so amend it as tomake it fair and just, in proportion to benefits, and if necessary, in their opinion, they may adjourn the further hearing not exceeding twenty days, unless for good cause, further time is neces- sary, to a day to be fixed by them and go upon the premises, and view the same and apportion the entire costoflocation,andconstructionorany part thereof, as may seem just and proper, but if parties, not included in the county surveyor's apportionment, or [are] found to be benefited, and are assessed by the commissioners, such parties shall be notified as provided in section four thousand four hundred and fifty-seven, and the commissioners shall, on the day fixed in said notice, again meet at the auditor's office and determine the apportionment. Sec. 4459a. [Apportionment of assessment by auditor in case of subdivision, etc., of lands.] If at any time after the determination of the apportionment as provided for by section four thousand four hun- LAWS RELATING TO AGRICULTURE. 139 dred and fifty-nine, any lot of land upon which such assessment is made be subdivided or any part thereof be sold and transferred upon the duplicates, it shall be the duty of the auditor at the time he makes such transfer to apportion the amount of the assessment between the owners of such lot or lands pro rata, according to the number of feet or acres thereof, that each may own, and certify the same to the treas- urer, whose duty it shall be to collect such assessment from each of such owners as so certified. Sec. 4459&. [Reapportionment by county commissioners.] If at any time after the apportionment by the auditor as provided for by section four thousand four hundred and fifty-nine (a), any person in- terested therein may apply to the commissioners for a reapportionment thereof at any regular, special or called session of the commissioners, whose duty it shall be to notify all parties interested of the time and place at which they will meet and determine such apportionment, at least ten days before such meeting, and apportion the same as they may deem just and proper; the provisions of this act shall apply to lands now assessed as aforesaid, and transferred upon the tax duplicate. Sec. 4460. [Application for compensation and damages, or for alteration of line.] At any time on or before the day set for hearing, as provided in section four thousand four hundred and fifty-two, any person or corporation whose lands are taken or affected in any way by such improvement may make application to said commissioners in writing for compensation or damages, and they, or any of them, may make an application in writing for a change or alteration of the line of the ditch through their premises, and a failure to make such appli- cation shall be deemed and held to be a waiver of all rights thereto. Sec. 4461. [Commissioners to fix compensation and damages; how computed.] The commissioners shall upon actual view of the premises fix and allow such compensation for lands appropriated as they may deem just and equitable, and assess such damages as will in their judgment accrue from the construction of the improvement, to each person or corporation making application therefor as provided in section four thousand four hundred and sixty, and without such appli- cation, to each idiot, insane person, or minor owning lands taken or afifected by the improvement. But such compensation shall be com- puted without deduction for benefits to any property of such person or corporation; and they may on the day set for hearing, at the time of the view of the premises provided for in this section/ take into consid- eration the application for the change or alterations as provided for in section four thousand four hundred and sixty, and if they find that such change or alteration will be equally beneficial, they may order the county surveyor to go upon the line of the improvement and survey said change or alteration ; [Expenses, how defrayed.] And all expenses attending the mak- ing said alteration and change, with the increased cost of construc- tion, if any, shall be charged to the party or parties benefited there- by, which shall be collected and paid by them as other assessments. 140 LAWS RELATING TO AGRICULTURE. [When compensation paid by county or jointly.] When the al- lowance for compensation and damages is fixed and determined as provided in this section, the commissioners shall consider and deter- mine according to their best knowledge and judgment the propor- tionate benefits to accrue from the construction of the proposed im- provement. If they shall find that the public health, convenience or welfare will be promoted by said improvement, and that the same is of sufficient importance to the public cause the damages and compensa- tions which have been assessed to be paid out of the county treasury, they shall order the same to be so paid, or they may order a portion thereof to be paid by the county and the remainder by the benefited landowners, as they may deem just and equitable. [By landowners.] But if in their opinion such improvement is not of sufficient importance to the public to cause such damages and compensation, or any part thereof to be paid by the courity, they shall fix and determine the proportionate amount thereof which should be paid by the several landowners benefited by the improvement. [Auditor to issue warrant; assessment.] And in either case the commissioners shall direct the auditor to issue an order on the county treasurer of each of the several claimants to whom compensation or damages was allowed for the amount due, and to enter on the ditch duplicate the amounts assessed against the several benefited land- owners for the payment of such compensation and damages, payable in the same ratio and manner as other assessments, and to be collected as other taxes. [How apportioned.] In the assessment for the payment of com- pensation and damages, whether the whole or a part thereof be ordered paid by the benefited landowners, the commissioners shall apportion the same on all the lots and lands, and public or corporate roads or railroads that will be benefited. [Aggrieved person; notice of appeal.] Provided, however, that if any person or corporation aggrieved by any final order or judgment of the commissioners shall at the final hearing before them, or within such time as may be provided by law, file a written notice of an inten- tion to appeal therefrom, no further proceedings shall be had and no payments shall be made as herein provided until said proceedings on appeal shall be finally disposed of and determined. Sec. 4462. [Exceptions before commissioners in proceedings to establish a county ditch.] A person or corporation, party to the pro- ceeding, may file exceptions to the finding of the commissioners that the improvement is necessary or will be conducive to the public health, convenience or welfare, and that the line described is the best route' or to the apportionment, or to any claim for compensation or damages, at any time before the time set for the final hearing of the report and apportionment. The commissioners may hear testimony and examine witnesses upon all the questions made by the exceptions, and for that purpose may compel the attendance of the witnesses by subpoena, which the auditor shall issue on demand, and their decision on the LAWS RELATING TO AGRICULTURE. 141 exceptions shall be entered on the journal, and if they sustain the ex- ception, the cost of the hearing thereon shall be paid out of the county treasury, and if they overrule the same, such cost shall be taxed against the person or corporation filing the exceptions. Sec. 4463, [Who may appeal to the probate court, and how ap- peal perfected.] Any person or corporation aggrieved thereby may appeal from any final order, or judgment of the commissioners made in the proceeding and entered upon their journal, determining either of the following matters, viz : 1. Whether said ditch shall be conducive to the public health, convenience or welfare. 2. Whether the route thereof is practicable. 3. The compensation for land appropriated. 4. The damage claimed to property affected by the improvement. And the appellant shall file with the commissioners, at the final hearing before them, a notice, in writing, of an intention so to do, and specifying therein the matter appealed from ; the commissioners shall fix the amount of the bond to be given by the appellant, and cause an entry thereof, and of the -notice, to be made upon their journal ; the party appealing shall, within ten days thereafter, file with the auditor a bond, in the amount so fixpd, with at least two sufficient sureties, to be approved by the auditor, conditioned to pay all the costs made on the appeal in case the appellant fail to sustain the same, or the appeal be dismissed for any cause; and the auditor shall make a com- plete transcript of the proceedings had before the commissioners, and certify the same, together with all original papers filed in this office, and transmit them to the probate judge of the county within twenty days from the day of the final hearing. Sec. 4464. [Hearing of preliminary questions in probate court.] The probate judge shall file the transcript and the original papers, and docket the case, and the appellant shall be plaintiff therein, and the county commissioners and petitioners defendants, and the case shall be so styled, and thereupon he shall fix a day not exceeding five days thereafter for the hearing of all preliminary motions, and the examina- tion of the papers so filed ; on the day so fixed, all preliminary motions shall be heard and determined, as well as all questions arising upon the record, and if he find that the proceedings are irregular in sub- stance, or that the appeal has not been perfected according to law, he shall dismiss the appeal at the cost of the appellant and certify such dismissal, with his findings thereon back to the commissioners; but the judge may, in his discretion, order and allow the correction of any technical defect, error or omission in such proceedings. Sec. 4465. [When jury to be drawn, and venire.] If the pro- bate judge find that the appeal is perfected, he shall thereupon fix a day, not more than ten days from that date, for the trial of the case as appealed by jury and he shall immediately notify the clerk of the court of common pleas and the sheriff of the county, to meet at the clerk's office, and the clerk and the sheriff shall proceed at once, in the 142 LAWS RELATING TO AGRICULTURE. clerk's office, to draw from the jury-box the names of sixteen jurors; and the clerk shall make a list of the names so drawn, m the order in which they were drawn, and certify the same to the probate judge, who shall issue a venire, commanding them to appear on the day set for trial, at the hour of eight o'clock a. m., and deliver the same to the sheriff, who shall serve the same within five days thereafter and return the same on or before the day set for trial. Sec. 4466. [How panel to be filled.] On the trial the probate judge shall take the list of jurymen as furnished by the clerk, and call each name in the order in which it appears on the list, until twelve answer, when each shall be required to answer as to his qualifications as a juror; if any juror be challenged for cause, and be excused by the court, the next on the list shall be called, until the panel is full, when the plaintiffs shall have two and the defendants two peremptory challenges ; and if the panel be not filled by the jurymen whose names appear on the list, the sheriff shall fill the panel from among the by- standers who have the proper qualifications. Sec. 4467. [How jury to be sworn.] The probate judge shall administer to the jurors an oath, faithfully, impartially, and to the best of their ability, and from actual view of the premises along the whole route of the improvement, to examine and determine the par- ticular matters appealed from, and to render a true verdict according to the facts appearing to them from actual view of the premises, and the evidence, under the charge of the court. Sec. 4468. [View by and trial to the jury.] The sheriff, or his deputy, together with the surveyor or engineer vi^ho surveyed, leveled, apportioned and platted the improvement, may accompany the jury, and point out its route ; no other person shall be permitted to interfere in any way with the jurors in the discharge of their duty; and after the jury has fully examined the premises, and returned to court, either party may be heard, 'in person or by counsel, and may offer evidence to the jury, under the direction of the court, upon any matter given it specially in charge. Sec. 4469. [Form of the verdict.] The jury shall find and return a verdict determining the matter or matters appealed from, being one or more of the following propositions, viz : 1. Whether said ditch will be conducive to the public health, con- venience, or welfare. 2. Whether th? route thereof is practicable. 3. The compensation due each appellant for land appropriated. 4. The damages due each appellant for property affected by the improvement. The jury shall return their verdict in writing, signed by the jurors ; as to said first and second propositions, it shall be necessary for only eight jurors to agree; as to the third and fourth, all must agree, and the jury may be polled as in other cases. LAWS RELATING TO AGRICULTURE. 143 Sec. 4470. [Transcript to be sent to county commissioners.] The probate judge shall receive the verdict of the jury, and make a record thereof, together with all the proceedings before him, and shall thereupon tax the costs in favor of the prevailing party, and against the losing party; if more than one matter is appealed from, and a party prevails as to one, and loses as to another, the court shall de- termine how much of the costs such party shall pay, but the costs on motions, continuances, and the like, shall be taxed and paid as the court may direct. If there are several parties, upon the side taxed with costs, the court shall apportion the costs equitably between them. Said judge shall, immediately after the trial, make a tran- script thereof, certify and transmit the same, together with all the papers in the case, with the bill of costs made in the probate court, to the auditor of the county, who shall thereupon notify the com- missioners to meet at the auditor's office within five days from the date of the notice to determine the matters growing out of the appeal and verdict. Sec. 4472. [Costs when jury find for improvement.] If the jury find that the improvement is necessary, and the same will be con- ducive to the public health, convenience or welfare, and is practicable, the commissioners shall apportion the compensation and damages as directed in section (4461) forty-four hundred and sixty-one. They shall also assess and apportion the costs as directed by the probate court, and order the auditor to place the same on the duplicate to be be collected as other taxes, and may in addition thereto, sue upon the bond given for the payment of costs, and execution may be sued out of the probate court for the collection of any costs taxed against any party, as is provided in section forty-four hundred and seventy. Any costs taxed against the commissioners shall be paid out of the general county ditch fund. Sec. 4473. [Costs when probate court confirms assessment.] If by the final decision in the probate court, any claimant of compensa- tion and damages do not obtain a greater sum than was allowed and awarded to him by the order of the commissioners from which he ap- pealed, he shall pay all costs created by his appeal so far as the court can ascertain the same. And the commissioners shall assess and ap- portion the compensation and damages found by the jury, as directed in section (4461) forty-four hundred and sixty-one, and the commis- sioners shall assess and apportion the costs as directed by the probate court, which shall be collected and paid as directed and provided in section forty-four hundred and seventy-two. Sec. 4474. [Several appeals may be tried together.] If more than one party appeal, the probate judge shall order the cases to be consolidated and tried together, arjd the rights of each party as to compensation or damages shall be separately determined by the jury in its verdict. Sec. 4475. [When and how commissioners to sell out work.] In cases where appeals have been taken after the transcript of the pro- ceedings before the probate judge, and all other papers in the case are returned to the auditor's office, the commissioners shall cause such 144 LAWS RELATING TO AGRICULTURE. entry to be made on their journal as may be necessary to give effect to tiie verdict, and findings of the jury, and in such cases and in cases where no- appeals have been taken, they shall fix a time for the sale of the construction of the improvement at pubHc outcry in sections not less than one hundred feet nor more than sixteen thousand feet in length, or said construction and improvement may be sold as an en- tirety in the discretion of the county commissioners and county sur- veyor or engineer, and shall cause notice to be given of the time and place of the sale, and direct the county surveyor to attend at the time and place of sale to superintend and conduct the same, and shall re- ceive all bids for the construction of the improvement, and make con- tracts with the lowest responsible bidder, and take good and sufficient bonds for the labor of the construction of the improvement, condi- tioned for the faithful performance of the contract so made, and for the completion of the work within time fixed in the contract in a sum not less than the estimated value of the part bid off, and contracted to be performed by each, and said county surveyor shall furnish each contractor with specifications of the part bid off by him. Sec. 447Sa. [Sale of work when cost is estimated at $500 or more per mile.] That when the estimated cost of construction of a ditch or ditch improvement shall be five hundred dollars or more per mile, and a petition shall be filed with the board of commissioners, signed by persons who are tax payers and who are assessed for the construction of said ditch or ditch improvement, representing two- thirds (2-3) of the amount of the estimated cost of the construction of said ditch or ditch improvement, the commissioners may advertise and sell the same as an entirety, or in one or more sections of not" less than five hundred feet, but in all other respects they shall be governed by the provisions of said section 4475. Sec. 4475-1. [Providing for inspection of drain tile.] The county surveyor shall be authorized to receive bids for drain tile or ditch pipe, generally, at the same time and place as the balance of the ditch improvement. Said county surveyor shall, on or before thirty days after delivery, count and inspect such tile or pipe, and for such that are first class, merchantable, good tile or pipes, and in every particular complying with the contract and specification, he shall issue his certi- ficate showing the acceptance of the same. The auditor shall, upon presentation of such certificate to him, draw his warrant on the treas- urer of the county for the full amount, and the county treasurer shall pay the same out of any fund in the treasury applicable to such pur- pose. Sec. 4476. [The sale, bonds of bidders, etc. ; contract and bonds filed with auditor; liability, etc.] No bid shall be entertained which exceeds the estimated cost of construction ; the county surveyor shall sell, first, the job or labor of construction of the working section of the outlet or-mouth of the improvement, and fix a day when the job shall be completed, not exceeding in any case, one hundred and fiftv days from the day of sale, and shall then sell each remaining working sec- tion in its order, up stream, and require the labor on each to be com- pleted within a time so fixed that will, as nearly as practicable secure an outlet for the water as each section is completed, but the com- LAWS RELATING XO AGRICULTURE. 1<45 missioners may, if the construction of such work will be facilitated thereby, authorize the sale or construction of such work, or either, to be made and performed in a different order and time from that here- inabove specified. The county surveyor shall make contracts and take bonds as aforesaid and report his doings to the commissioners within five days from the date of sale, and return the contracts and bonds to the auditor, who shall file and carefully preserve the same; the con- tracts and bonds shall be examined and approved or disapproved by *"he commissioners, who shall cause an entry of their decision to be made on their journal, and the contractors to be notified of the ap- proval or disapproval of the contracts "and bonds; and the contractor for each job shall be liable, on his bond so given, for all delays after the expiration of the time named therein for the completion of the job, and for the payment of all damages which accrue by reason of the failure to complete the job within the time required in the contract therefor, and for the payment of all labor and material and for all debts incurred in the performance of this contract. All claims under this act shall be filed with the county surveyor before the expiration of the time for the completion of such contract. Sec. 4477. [County ditches; supervision of work and payment of contractors.] The work shall be done under the supervision of the county surveyor and when a part, not less than one-fourth of the portion thereof included in any contract is completed in accordance with the specifications, he shall give to the contractor a certificate thereof, showing the proportional amounts which the contractor is entitled to be paid by the terms of his contract ; and the auditor shall, upon the presentation of such certificate to him, draw his warrant on the treasurer for not more than seventy-five per cent, of the amount, and the treasurer shall pay the same out of any funds in the treasur> applicable to such purposes ; or if the commissioners have determined to issue bonds for the construction of such work, they may, if the contractor consent, pay in bonds, but proportioned amounts shall not be certified or paid unless the whole job amounts to more than one thousand cubic yards. When the whole contract is completed, the entire price may be paid in the manner aforesaid. Sec. 4478. [County ditch; when contract for same not com- pleted ; proceedings in case of damages.] Any job not completed within the time fixed in the contract and bond may be re-estimated by the county surveyor, and resold by him to the lowest possible bidder, or he may complete it at the expense of the contractor and bondsmen, but such jobs shall not be resold for a sum greater than such estimate or re-estimate, nor a second time to the same party ; a contract and bond shall be entered into as hereinbefore provided, but the com- missioners may, for good cause, give further time to any corftractor, not exceeding one hundred and twenty days ; the county surveyor shall fix a time for the completion of the work resold not exceeding one hun- dred and twenty days from the date of the bond. A person or corpora- tion who has sustained damages in consequence of the non-perform- ance of such work may bring suit for damages in any court of com- petent jurisdiction, against any contractor failing to perform his con- tract, or upon the bond of such contractor, and recover damages, as 10— F. H. B. 146 LAWS RELATING TO AGRICULTURE. provided by law in other cases ; and no contractor shall be prosecuted on his bond until the section below has been completed. Sec. 4479. [Commissioners to make assessments on benefited lands.] W hen the working sections of the improvement are let, as hereinbefore provided, and the costs and expenses of location and con- struction, and all compensation and damages are ascertained, the com- missioners shall meet and determine at what time ajid in what num- ber of assessments they will require the same to be paid, and order that the assessments, as made by them, be placed on the duplicate accordingly, against all the lots or lands, or .corporate roads or rail- roads assessed ; they shall also determine whether they will issue the bonds of the county to raise the-money necessary to pay such costs and expenses, and if they so determine, the bonds may be issued for a term of years, not exceding twenty, at a rate of interest not exceed- ing six per centum per annum, payable semi-annually ; and they shall cause an entry to be made upon their journal, setting forth their find- ing and determination under this section. Sec. 4480. [Assessment for county ditches; how collected; issue of bonds to the amount of delinquencies.] When the commissioners make an assessment they shall cause an entry to be made, directing the auditor to make and furnish to the treasurer of the county a special duplicate with the assessment arranged thereon, as required by their order, and the auditor shall retain a copy thereof in his office, and all assessments shall be collected and accounted for "by the treas- urer as taxes; provided, that in cases when the assessments remain unpaid for one year after the same is placed upon the special duplicate, then, and in that case, to-wit, unless otherwise ordered by the county commissioners, the same shall be placed on the general duplicate for collection, together with a penalty of not less than six per cent, an- nually as county ditch taxes, and the amount of delinquent tax thus placed on the general duplicate shall be charged respectively to the several ditches on account of which such assessments have been made as a transfer from the county ditch fund. And the commissioners are hereby authorized to issue county ditch bonds not exceeding the amount of such dehnquencies, after each semi-annual settlement be- tween the auditor and treasurer for a term of years not exceeding three, at a rate of interest not exceeding six per cent., payable semi- annually, and for the payment of which, both principal and interest, the faith of the county shall be pledged, and the money arising from' the sale of such bonds shall be charged to the county ditch fund, and the commissioners, in their annual report to the court of common pleas, shall fully set forth the amount of tax transferred and bonds sold, as provided in this section. Sec. 4481. [Assessments when county bonds are to be issued.] If the commissioners determine to issue bonds of the county for the money necessary to meet the expense of construction of any ditch, they shall make an assessment upon all the lots, lands, public or cor- porate, roads or railroads, benefited by the improvement in proportion to the apportionment hereinbefore provided for, sufficient to pav the costs of location and the first year's interest, and including the fees LAWS RELATING TO AGRICULTURE. 147 of the surveyor or engineer made after locating, in superintending the construction of the improvement, and order the same to be placed upon the duplicate for collection; and they shall, thereafter, make such assessments as may be required to raise the money for the prompt payment of such bonds. Sec. 4482. [The form of such bonds.] The county commission- ers shall issue such bonds of the county in amounts as determined by them, payable out of the funds arising from such assessments, and bearing interest as hereinbefore provided ; said bonds shall be signed by the county commissioners and countersigned by the county auditor, who shall affix his seal thereto; such bonds shall not be sold for less than their par value, and the money arising from such sale shall he used for no other purpose than the construction and expense of said improvement. Sec. 4483. [A municipal corporation may present a petition.] The council of a municipal corporation may, by resolution, authorize the mayor to present a petition, signed by him officially, and a bond, to the county comissioners, to locate and construct a ditch described in the resolution, or such council may authorize the mayor to sign officially a petition and bond for a ditch, to be presented by parties interested whose lands are without the limits of the corporation, when- ever the improvement will be conducive to the public health, conven- ience, or welfare, of the whole or any portion of the inhabitants of the corporation ; in such case the commissioners shall count the municipal corporation as an individual petitioner, and may direct the surveyor or engineer to locate the improvement in accordance with the petition, whether wholly within or wholly without, or partly within and partly without, the limits of the corporation ; and the surve3''or or engineer, in making his schedule of lots and lands benefited, may enumerate such lots and lands within or without the corporate limits as are es- pecially benefited, and also the municipal corporation for benefits to the health and welfare of its inhabitants. Sec. 4484. [The whole or a part of a municipality may be con- sidered a single tract.] When the improvement equally drains or otherwise benefits the whole of the territory within the limits of a mu- nicipal corporation, or any part thereof, the surveyor or engineer, or the commissioners, or the jury, if a jury be called, may consider and treat such territory as a single parcel of land; and any sum appor- tioned thereto shall be apportioned by the county anditor to the lots or lands included therein, according to the valuation thereof for tax- ation. Sec. 4485. [Notice to municipal authorities, and proceedings thereafter.] If the proposed improvement passes through or into a municipal corporation the mayor of which has not signed the petition therefor as provided in the preceding section, the mayor shall be notified of the pendency of the petition in the same mann-c-r and at the same time that the commissioners are required by section forty-four hundred and fifty-two to be notified ; the mayor shall notify the coun- cil of the pendency of the petition, at its next regular meeting, or, if 14? LAWS RELATING TO AGRICULTURE. necessary, call a special meeting of the council for that purpose ; and thereupon the council shall appoint a committee of its members, or the engineer of the corporation, or both, to meet the commissioners, at the time and place of their meeting and view, and confer with ther" in regard to the improvement.- Sec. 4487. [Penalties against ofEcers for neglect of duty.] If an engineer or auditor, or a commissioner or probate judge, neglect or refuse to perform any duty imposed upon him by the provisions of this chapter, he shall forfeit and pay a fine of twenty-five dollars for every such neglect, to be recovered before any officer having competent juris- diction, in the name of the state, for the benefit of the common schools of the county, at the suit of any person aggrieved thereby. Sec. 4488. [Application when proposed ditch in more than one county.] Uhen a ditch or improvement is proposed, which will re- quire a location in more than one county, application shall be made to the commissioners of each of said counties, and the surveyor or en- gineer shall make a report for each county ; application for damages shall be made, and appeals from the finding of the commissioners, in joint session, locating and establishing such ditch, and from the assessment of damages or compensation, shall be taken to the probate court of the county in which the greatest length of such ditch or im- provement is located; and a majority of the commissioners of each county, when in joint session, shall be competent to locate and estab- lish such ditch or improvement; but no commissioner shall serve in any case in which he is personally interested; and any two com- missioners may form a quorum for the transaction of business under this chapter, of their res])ective counties; provided, further, that when any two or more commissioners of any county are personally interested in any improvement upon which, or in the location and establishment of which, they are called upon to act, the auditor, probate judge and recorder of said county shall appoint a suitable person to act in the place of each commissioner so interested, and their acts shall have the same force and effect in such cases as though they were commissioners of said county for which they are appointed to act, and the persons so appointed shall receive the same compensation as the county commis- sioners for like services. Sec. 4488a. [Joint county ditches; apportionment of cost.] If the commissioners in joint session find in favor of the proposed im- provement, and are unable afterwards to agree as to the proportion of the costs of location and constructing the improvement, which shaP be assessed in each of the counties, res])ectively, the board of commis- sioners of either county may petition the court of common pleas of their countyfor the appointment of three disinterested freeholders, not res- idents of either of said counties who shall within thirty days there- after, after being duly sworn and upon actual view of said improve- ment, estimate and report to said court the amount which should be charged to tlie land in each county interested in said imj)rovement re- spectively. The commissioners making the application shall he plain- tiffs, and the commissioners of the other counties shall be defendants. The court wherein such petition is first filed shall hav? exclusive juris- LAWS RELATING TO AGRICULTURE. 149 diction. Either of the parties may, within ten days after the fihng of said report, file exceptions thereto, and the court shall confirm, modify or set aside said report and appoint other freeholders, as justice may require. Costs, including allowance to said freeholders shall be charged to the parties as the court may determine. After final deter- mination the clerk of said court shall send a transcript of said pro- ceedings duly certified to the commissioners of each county, who shall make the apportionment of costs of location and construction as in this chapter provided, giving to the property in each county the amount so determined in the court proceeding, including costs. Sec. 4489. [When a change of route authorized.] The com- missioners, if they find the route proposed is not sucli as best to efifect the object sought, or that the proposed drainage can be effected as well in connection with a ditch necessary for the improvement of public highways already established, or such as may be thereafter re- quired, shall proceed to establish the route; if the route propi:)sed is upon a line or subdivision of sections where a public road may be re- quired, and in all cases in which the route proposed is alonjj high- wavs already established, the commissioners shall locate the improve- ment at a sufficient distance from the center of such highways to admit of a good road along such central line; the earth taken' from the ditch may be thrown upon the adjoining premises or the highway, as the commissioners shall determine and order, and no part of such earth shall be placed nearer to the ditch than two feet; and the com- missioners, in locating ditches, shall in all cases, so far as practicable, avoid running the same diagonally across sections or parts of sections. Sec. 4490. [The collection of taxes or assessments not to be en- joined.] The collection of taxes or assessments, levied or ordered to be levied, to pay for the location or construction of any ditch, shall not be perpetually enjoined, nor declared absolutely void, in consequence of any error committed by the surveyor or engineer, the county audi- tor, or the county commissioners, in the location or establishment thereof: nor by reason of any error or informality' appearing on the record of the proceedings to locate or establish the same ; nor by reason of any error committed by the surveyor or engineer, the county audi- tor, or cotmty commissioners, in respect to the letting of uncompleted work, or -the levy of any tax or assessment for the labor and expense of construction of any uncompleted portion, section, or allotment of any such ditch. Sec. 4491. [How far proceedings may be declared void.] The court in which anv proceeding^- is brought to recover any tax or assess- nent paid, or to declare void the proceedings to locate or establish any ditch, or a ditch oartly old and partlv new, or of deepening, widening, to pay for the labor and expense aforesaid, shall, if there is manifest error in the proceedines, allow the plaintiflf in the action to show that he has been injured therebv, and may. on application of either partv, • appoint such person or persons to examine the premises, or to survey the sarfie, or both, as may be deemed necessary: the court in which any such proceedings are begun shall allow parol proof that said improve- ment is necessary and will be conducive to the public health, conven- 150 LAWS RELATING TO AGRICULTURE. ience, or welfare, and that any steps required by law for any improve- ment have been substantially complied with notwithstanding the rec- ord required to be kept by any board or officer; and without finding error, the court may correct any gross injustice in the apportionment, made by the commissioners; the court shall, on final hearing, make such order in the premises as shall be just and equitable, and may order that such tax or assessment remain on the duplicate for collection, or order the same to be levied, or may perpetually enjoin the same, or any part thereof, or, if the same has been paid under protest, may order the whole or such part therof, as is just and equitable, to be refunded; and the cost of such proceeding shall be apportioned among the par- ties, or paid out of the county treasury, as justice requires. Sec. 4492. [An old ditch niay be repaired in the same proceed- ing.] The county commissioners may hear and determine,^ at the same time, and under the same petition the necessity of locating any new ditch, or a ditch partly old and partly new, or deeping, widening, straightening, or altering any old ditch, as the necessity of the case re- quires, and shall cause such entry to be made on their journal as in their judgment is required ; all estimates, either by the surveyor or engineer, or by the commissioners, shall be made in the manner pro- vided in this chapter; no assessment shall be made to any lands upon any principle other than that of benefits derived, and in proportion thereto in deepening, widening, straightening, or altering any ditch, and no lands lying below shall be assessed for the benefit of lands lying above ; but all asessments shall be made in proportion to the benefits derived. Sec. 4493. ■ [When township trustees may apply for ditch.] The trustees of any township, may on written application signed by twelve or more resident land owners of the township, if, in their opinion, the interest of the township demands it, cause the petition and bond here- inbefore provided for to be filed on behalf of the township ; in such case the proceedings before the commissioners and probate court shall be the same in every respect, and the duties of the auditor, and of the sur- veyor or engineer, shqll be the skme, and be discharged in the same ma-nner as if the petition and bond were filed bv a private party; and every act necessary to secure the location, establishment, and construc- tion of any new improvement, or in the deepening, widening, straight- ening, cleaning out, alteration, or vacation of any ditch, may be per- formed by order of the commissioners, on such petition and bond. Sec. 4494. [Commissioners shall require surveyor or engineer to give bond.] The commissioners shall require each surveyor or engi- neer appointed by them under the- provisions of this chapter, to enter into a good and sufficient bond, covering all the ditches upon which he may be appointed, with surety to be approved by them, conditional for the faithful performance of his duties, in a sum to be fixed by the com- missioners ; and an action may be brought on such bond bv anv person aggrieved by a failure of the surveyor or engineer to do his duty in the name of such party, and recovery may be hsd for his use and bene- fit ; but if the coimty surveyor shall be appointed by the commissioners tmder the provisions of this chapter, he shalfbe liable upon his LAWS RELATING TO AGRICULTURE. 161 official bond for the faithful performance of his duties, and an action may be brought on such bond as aforesaid. Sec. 4495. [Commissioners may require any bridge or culvert to be enlarged.] The commissioners of any county, at any regular or called session, may in the manner provided in this chapter, so far as applicable when the same is necessary to the public health, conven- ience or welfare, cause* to be located, constructed, deepened, widened or enlarged any bridge or culvert, made necessary by the crossing of any ditch, drain, watercourse or stream of water, by any railroad, turn- pike, plank road, or other road, of any corporation, at the expense of said corporation, and the necessity for making any improvement herein provided for, may be heard and determined at the same time and under the same petition as provided for in section 4447 of this chapter. [Dimensions of improvement determined by commissioners; cor- poration affected to make same.] If the commissioners find for the improvement, they shall, by an order entered on their journal, deter- mine the dimensions of said improvement and that said improvement shall be made by the corporation affected thereby, within three months from the making of such order according to the plans and specifica- tions, and of such materials, as the board may approve and select. [Failure of corporation to make improvement.] Provided, that if said corporation shall not within ten days from the date of such or- der, in writing, elect to make said improvement as ordered, such fact shall be taken as a refusal to do the same, and thereupon, the county commissioners shall at once by an order duly entered upon their jour- nal, specify the materials to be used in the construction of said improve- ment, and directing the county surveyor, or an engineer, to make suit- able surveys and to prepare plans and specifications for the making of said improvement so ordered, which shall be filed with the county auditor within twenty days from the making of such order, who shall thereupon fix a date for a hearing thereon. [Exceptions to plans and specifications, etc.] At any time on or before the day set for said hearing said corporation may, in writing, file exceptions to said plans and specifications,, or ask for any change or alteration thereof, and of the materials out of which the same is ordered to be constructed, which may be granted or refused by said commissioners as may seem just and proper. [Letting of improvement; costs assessed against corporation.] Upon the approval of such plans and specifications as made, or as may be changed at said hearing, the commissioners shall, at once, proceed to fix a time for the letting of said improvement by bids as provided in section 4475 of this chapter, and as soon as said improvement is com- pleted assess said corporation with the cost of constructing and letting the same, and such assessment shall be a lien upon the property of the corporation, and be collected as other taxes, or. they may order the same to be collected from such corporation by an action at law, as they 'deem proper. Such corporations shall be served as in other cases. 152 LAWS RELATING TO AGRICULTURE. Sec. 4499. [The commissioners may vacate a ditch.] The com- missioners may, on the proper petition and bond being tiled, and tlie same notice being given as is required in cases of the location of a ditch, declare any ditch, whether located by the county commissioners, or by the trustees of a township, vacated and abandoned, and its loca- tion and establishment to be held for naught, if, in their judgment, the same has ceased to be of public utility, and the public health, conven- ience, or welfare no longer demands the maintenance thereof; but private rights of persons acquired by reason of the location and estab- lishment of such ditch shall not to be interfered with nor in any way impaired thereby. Sec. 4500. [When a ditch becomes a public water-course.] When a ditch has been established and constructed for the public health, con- venience, or welfare, either by private agreement between two or more individuals, whose real property has been affected thereby, or by a board of township trustees, or [by] a board of county commissioners, and such ditch has been used for the purpose of drainage of private lands or public highways for seven years or more, without obstruction or interruption, the same shall be, and hereby is declared to be a public water-course, notwithstanding errors, defects, or irregularities in the location, establishment, or construction of the same, and such public water-course shall, in all respects, be considered and treated as a nat- ural water-course,' and the public shall have and possess, in and to such public water-course, the same rights and privileges which pertain and relate to natural water-courses. Sec. 4501. [General levy for ditch fund; proceedings when com- pensation or damages are awarded ; auditor to draw warrant on county treasurer for amount of award.] The commissioners shall, annually if necessary, at their March session, levy upon the grand duplicate of the county a tax not to exceed five-tenths of one mill on the dollar, sufficient to pay for the location and construction of such portions of the respective ditches located by them, or by the commissioners, of two or more counties as may be apportioned to the county, and they shall pay out of any fund applicable to such purposes, any sum assessed upon land owned by the county. In all proceedings which have been, or shall be commenced under this chapter, wherein compensation and damages, or either, has been or shall be awarded by the commissioners, under section forty-four hundred and sixty-one, or by a jury on appeal to the probate court, an amount of the county general ditch improvement fund, in the county treasury, sufficient to satisfy the same, shall be set apart and held as a deposit of money to secure and be subject to the payment of the same; and if in any such case there shall be an insuffi- cient amount of such ditch improvement fund unappropriated in the treasury for such security and payment, then an amount of the general revenue funri m the county treasury, equal to such deficiency, together with such unappropriated residue of said ditch improvement fund, if any. shall be set apart and held for said purposes; and the commis- sioners shall, before the property for which compensation and damages has been awarded, shall have been actually taken and occupied for the purpose of its appropriation, order the auditor on demand of the corporation or person entitled thereto, to draw his warrant on the LAWS RELATING TO AGRICULTURE. ] 53 county treasury for the amount of such award, stating therein on what fund it is drawn, and deliver the same to the party so entitled, which shall be paid out of the county treasury ; and all sums so paid shall be apportioned, assessed and reimbursed to said funds from the collection of assessments for compensation and damages as provided in sections four thousand four hundred and seventy-nine, and four thousand four hundred and eighty, of the Revised Statutes. And said original sec- tion four thousand five hundred and one is hereby repealed. Sec. 4Soia. [Duties of commissioners when awards are made.] When all compensation and damages are ascertained, the commission- ers shall meet and determine whether they will issue the bonds of the county to raise money necessary to pay such compensation and dam- ages, or any part thereof; and if so determined, the bonds shall be is- sued for a term of years, and at a rate of interest, as provided for the issuing of bonds, [in] section four thousand four hundred and seventy- nine, which bonds shall not be sold below their par value. Sec. 4501Z'. [Bonds, how paid.] The bonds provided for in this act, together with interest thereon, shall be paid as they respectively fall due, out of the county general ditch improvement fund. Sec. 4502. [Township levy for ditch purposes.] The trustees of any township to which is apportioned by the county commissioners, under the provisions of this chapter, any portion of the expenses of the construction of any ditch improvement, shall, annually, levy upon the grand duplicate of the township a tax, sufficient, in their judgment, to pay such apportionment, but not to exceed five-tenths of one mill on the dollar, and certify the same to the county auditor on or before the fifteenth day of May. Sec. 4503. [When board of education may levy to pay assessment.] The board of education of any district interested in land granted by congress for the support of common schools, unless such lands -have been permanently leased, and of any district owning or holding other land for school purposes, shall, when an assessment is made upon such land, or any part thereof, under the provisions of this chapter, pay such assessment out of the contingent fund of the district, and may, if necessary for that purpose, increase the levy for such fund otherwise authorized by law. Sec. 4504. [Auditor to make a record of ditch proceedings.] The auditor shall make, in a suitable book to be provided for that purpose at the expense of the county, a complete record of each ditch im- provement made in his county under the provisions of this chapter, which shall include the petition, bond, reports of the surveyor or engi- neer, and all journal entries made, together with all plats and other papers necessary to show a complete history of all that is done in each case up to and including the final order made by the board. Sec. 4505. [Auditor to keep ditch accounts.] The commission- ers of any county wherein a dit'ch improvement is ordered, whether the 154 LAWS RELATING TO AGRICULTURE. same is the construction of a new ditch, or the deepening, widening, straightening, or alteration of an old ditch, shall provide a suitable book in which to keep the ditch accounts of the county; the auditor shall open therein an account with each improvement, in the name by which the same is known, and charge all assessments and credit all payments made in the case ; the money collected on each improvement shall con- stitute a special fund ; and the provisions of this section shall apply in cases of ditches located by the commissioners of more than one county in joint session. Sec. 4506. [Fees and costs.] The following fees shall be al- lowed for services actually rendered under the provisions of this chap- ter: The county commissioners, each, three dollars per day. The county auditor, for filing each paper belonging in the case, three cents : for recording each hundred words, three figures to count as one word, excluding calculations not necessarily included in the record, six cents ; for each copy, including certificate, when necessarily a part of the copy, and for all notices, six cents for each hundred words, three figures 10 count as one word, but he shall receive no fees for printed notices; for each warrant drawn on the county treasurer, and for each certificate, three cents ; for each tabular statement furnished the printer, six cents per hundred words, three figures to count as one word; and for each copy of "specifications furnished, six cents per hundred words, three figures to count as one word, to be paid by the party demanding the same. The probate judge, for docketing each case, for each party, five rents ; for issue of venire, with seal, fifty cents ; for each subpoena with only one name, five cents, and three cents for each additional name therein ; for each journal entry, six cents per hundred words, and for copies duly certified, including seal, six cents per hundred words; for swearing each witness, five cents ; certifying each witness, three cents, and entering attendance of each witness, three cents; for swearing jury, fifteen cents; taking affidavits, fifteen cents; for filing each paper origi- nally filed in probate court, and including transcript, three cents ; for issuing transcript of proceedings in probate court, six cents per hundred words, including certificate and seal ; for certifying fees to auditor, three cents for each person named, including jurors ;■ and for all items not herein specified, the same fees as are allowed by law for like services in other cases. The sheriff, for serving and returning each summons, when only one defendant is named therein, thirty-five cents, and for each additional name twenty cents ; for copy of summons, duly certified, forty-five cents ; for serving and returning subpoena, fifteen cents for each person named therein ; for serving and returning venire for jury, traveling fees in- cluded, to be paid by the county, four dollars, and for calling each tales- man to fill the panel, fifteen cents: for each day's attendance with the jury en the line of the ditch, three dollars, and for all other services required to be rendered by him the same fees as are allowed by law for like services in other cases. The jurors shall each receive, for each day's attendance, one dollar and fifty cents, and ten cents per mile from his place of residence to the county seat. LAWS RELATING TO AGRICULTURE. 155 The person appointed by the commissioners to examine and report as to the clean-'ng out of a ditch shall receive two dollars per day for each day actually employed therein, and in the examination of work per- formed. Witnesses, duly subpoenaed and in attendance, either before the commissioners, the auditor, or the probate court and jury, for each day's attendance, seventy-five cents, each, and five cents per mile from place of residence to county seat. The surveyor or engineer, four dollars per day for the time actually employed on the work designated for him to do. Each chainman, axman, and rodman, one dollar and twenty-five cents per day for the time actually employed. All other hands necessary to the prompt execution of the work of locating the improvement, one dollar ancl twenty-five cents per day each. For printing, fifty cents per square for actual printed matter, for the first insertion, and twenty-five cents per square for each insertion thereafter, nonpareil estimate. Sec. 4507. [How the same to be paid.] All fees under this chapter shall be paid out of the county treasury as soon as the bill of items thereof is examined and allowed by the commissioners, and the auditor shall issue orders therefor on such allowance ; and for all amounts so paid, except to the commissioners, auditor, and probate judge, the commissioners shall order the general county fund to be re-iml3ursed for the money raised for the respective improvements. Sec. 4508. [County ditch improvement fund created.] There shall be and is hereby constituted a county general ditch improvement fund, to consist of taxes collected on county and township levies, and all balances remaining unexpended of special ditch improvement funds, aris- mg from excess of assessments made on ditch improvements after the expenses thereof have been fully paid. Sec. 4509. [Penalties for obstructing ditches; duty of county commissioners.] Whoever obstructs any ditch, or refuses or neglects to remove any obstruction heretofore by such person or persons placed in any ditch, or being the owner of any lands through which any ditch passes, obstructs, or permits such ditch to become obstructed, or diverts the water from its proper channel, shall forfeit and pay to the county in which such ditch is situated, the sum of twenty-five dollars, to. be re- covered before any justice of the peace or other court having jurisdiction of the matter, in the name of the state of Ohio for the use of said county, which action may be instituted and prosecuted by the commissioners of such county, or any citizen thereof, or by any person whose lands shall [have] been assessed for the construction of such ditch, and shall also be liable for all damages that may accrue to any person, persons or corporation by reason of such obstruction, and each day that such obstruction shall be permitted to remain in such ditch after the person or persons who placed the same therein shall have had ten days' notice to remove the same, either by the county commissioners' of said county, the engineer in charge of said ditch, or by any person whose lands have been assessed for the construction or improvement of such ditch, shall constitute a 156 , LAWS RELATING TO AGRICULTURE. separate offense under this section, and subject such offender to a penalty of twenty-five dollars for each such offense, to be recovered in the man- ner hereinabove provided. And on failure' of such person or persons to remove such obstructions forthwith upon being notified as aforesaid, it shall be the duty of the board of county commissioners of such county forthwith to cause such obstructions to be removed, and charge the ex- ]:cnse thereof to such person or persons, and collect the same from such person or persons b^ action in the name of said board of county com- missioners. Sec. 4510. [When county commissioners may cause ditch etc., to be altered or repaired; expense of, how apportioned.] The county commissioners on application of one or more freeholders actually bene- fited. shall have power in case the township trustees refuse to act as pro- vided for in section four thousand five hundred and fifty-two of the Re- vised Statutes of Ohio, as amended February 10, 1883 (O. L., vol. 80, page 15), to cause any ditch or ditches, or any part or parts thereof, located and constructed under any law or laws, or any part of any creek, river or run that has been straightened, widened, deepened, or changed, under the provisions of this act, to be altered, deepened, widened, enlarged, repaired, boxed, or tiled ; and the same proceedings shall be had, so far as applicable, as is or would be required in the location or construction of the same by said commissioners. And in all cases the expenses thereof shall be apportioned in the same manner as is provided in the original construction of the improvement by them ordered to be made; and the provisions of this chapter shall apply to ditch improvement petitioned for, located or in process of construction at the time the same takes effect. DITCH IN MORE THAN ONE COUNTY. See also, § 4488. Sec. 4510-1. [Duty of commissioners as to certain ditches.] In all cases where the commissioners of any county in this state shall cause to be constructed or enlarged, or cleaned, or repaired, any ditch, drain or watercourse, the water from which flows into an adjoining county or into or finds an outlet in any ditch, drain or water- course constructed or being constructed in an adjoining county, and in all cases where the commissioners of any county in this state shall cause to be constructed, enlarged, cleaned out or repaired, any ditch, drain or watercourse, which is or may be an outlet for any ditch, drain or water- course, of lands of an upper county, or which, by reason of any proposed improvement thereof, will provide better drainage or a more sufficient outlet for any [ditch] drain or watercourse, or lands of an upper county, and in all cases where the commissioners of any county in this state find it necessary to construct, or enlarge, or widen, or deepen, or clean out, any ditch, drain or watercourse of a lower county in order to secure a sufficient and proper outlet for a proposed ditch, drain or watercourse of ar upper county, the commissioners^ of such upper county shall pay the commissioners of such lower county such sum as may be agreed upon by the commissioners of both counties, for the use and benefit of such outlet, which sum the commissioners of said upper county shall apportion to the lands in their county, for whose benefit said ditch was, or is con- LAWS RELATING TO AGRICULTURE. 157 structed, but before any work shall be begun in the construction, enlarging, cleaning out, or repairing of any ditch, drain or water- courbc in either of said counties, the amount to be paid by the com- missioners of the said upper county to the commissioners of said lower county for the use and benefit or burden of such outlet, shall be wholly agreed upon or determined, the sum which the commis- sioners of said upper county shall pay to the commissioners of said lower county shall be determined at a joint meeting of the commissioners of the said upper and lower counties, upon the line, or proposed line of said ditch, drain or watercourse, and the refusal of a majority of the board of commissioners of either of said counties to agree, or failure by them to meet, act, or take part in a meet- ing with the commissioners of the other cOunty, upon ten days' notice by the commissioners of either of the said counties upon the commissioners of the other county, to determine what sum the commissioners of said upper courity .should pay the commissioners of said lower county, shall be prima facie evidence of their failure to agree or pay, and ditches, drains or watercourses which provide drainage, or when constructed will provide drainage for lands in more than one county, may be con- structed, enlarged, cleaned out or repaired, as provided in this act, and the laws prescribed for constructing, enlarging, cleaning out or repairing single county ditches, drains or watercourses. Sec. 4510-2. [Proceedings on failure to agree or pay.] On failure to agree or pay, as provided in the preceding section, the commission- ers of either of said counties may commence in the probate court of either of said counties within twenty days of the meeting mentioned in the preceding paragraph, their action against the commissioners so failing to agree or refusing to -pay, setting forth the fact that pro- ceedings have been begun for any such improvement, and the reason why the commissioners of the upper county should pay to the com- missioners of the lower county, a compensation for such outlet, or pro- posed outlet, and the failure to agree or pay, as provided in the preced- ing paragraph, and praying for the relief herein (after) provided for. Said probate court, before whom said action is commenced, shall, with- in ten days after the filing of a petition setting forth the above facts, issue a summons directed to the sheriff of the other of said counties, who shall be commanded therein to notify the president of the board of cornmissioners of said other county, that an action has been commenced in accordance with section 2, 4510-2, of this act. Said summons shall contain a .copy of the petition, and the time and place of hearing, be served and returned as in other cases, and such service shall be not less than ten days before the day of hearing. Proceedings after ser- vice and return shall be the same as in other similar cases, before pro- bate court. Sec. 4510-3. [Further proceedings on failure to agree to pay.] The court being satisfied of the existence of proceedings for any such improvement, and the failure to agree or pay 'as aforesaid, shall appoint two disinterested freeholders, not residents or owners of real property, of either of said counties, and immediately notify the pro- bate court of the other county interested in said ditch or ditch im- provement, who shall, in like manner, appoint two other freeholders not residents or owners of real property in either county, and notify the 158 LAWS RELATING TO AGRICULTURi".. court in which such proceedings were commenced, giving names and postoffice address of those appointed, and the said court in which pro- ceedings were commenced shall, within ten days thereafter, notify said four persons thus appointed, giving them full and explicit instructions, and the time and place of meeting, who shall, within thirty days there- after, upon actual view of the outlet ditch, or of the territory to be drained by any such proposed improvement, and of the ditch or ditches in the upper county, and of the land to be drained in the upper county, whose waters flow into said outlet, or which will flow into any such proposed outlet or proposed improvement thereof, estimate and report to the court the amount which should justly be paid by said upper county to said lower county for the use and benefit of said outlet ditch, or for ahy improvement thereof, which order of appointment, together with full and explicit instructions to said appointees, shall be entered on the journal of said court, and a copy thereof sent forthwith by the clerk to each of said appointees. Provided, that if said board of four freeholders shall not be able to agree upon the amount to be paid by said upper county to said lower county, then they shall call to their assistance one other freeholder who shall not be a resident or owner of real property of either of said counties, and the said five freeholders shall forthwith proceed to determine the amount of damages the said upper county shall pay to the said lower county, artd report the same as herein provided. Sec. 4510-4. [Abandonment by commissioners of upper county.] The commissioners of the upper county referred to in section three [§(4510-3)] of this act, may abandon anj' such proposed improve- ment, if in their judgment the benefits to be derived from said pro- posed improvement are not of sufficient value to warrant the expendi- ture of money required for the construction of said proposed improve- ment together with the damages assessed under section three [§(4510- 3)] of this act. Sec. 4510-5. [Compensation of commission.] The court shall fix the compensation of the appointees aforesaid, which compensation shall be taxed as costs in the case, and shall be paid out of the treasury of the county against whose commissioners the costs are adjudged. Sec. 4510-6. [Expense ; how apportioned.] The court shall order the commissioners jDf the upper county to apportion and assess the amount mentioned m said report, together with entire expense of these proceedings, to the land in said county, in the same ratio as the expense of constructing said ditch or ditches in said upper county was appor- tioned and assessed ; and the court shall further order said commission- ers to cause the sums so apportioned to the respective tracts of land in said upper county to be placed on the special duplicate of said county against such lands for collection. If proposed improvement be aban- doned the court shall order the commissioners of said upper county to pay the costs of proceedings under section three [§(4510-3)] of 'this act, said cost to be apportioned and placed on the special duplicate, in same manner that cost of improvement would have been apportioned and placed on the special duplicate, provided nothing herein contained shall be construed to affect any existing litigation. LAWS RELATING TO AGRICULTURE. 159 Sec. 4510-7. [Collection by treasurer.] The treasurer of said county shall collect said sum as other taxes are collected, and pay the same to the treasurer of the said adjoining county, upon the war- rant of the auditor of said county. Sec. 4510-8. [Outlet may be enlarged when necessary.] The funds so paid shall be used in the enlargement of said outlet ditch, if an enlargement thereof be necessary on account of the additional water emptied into it from the upper county, or for the construction of an out- let ditch in the lower county if none exists. Sec. 4510-9. [Duty of township trustees.] Whenever the trus- tees of any township shall construct a ditch which empties its water onto an adjoining county, or into any ditch, drain or watercourse con- structed therein, the same agreement hereinbefore provided for be- tween the commissioners of counties may be made and carried out, by and between the commissioners of such adjoining county and said trustees, and on failure to make or carry out such agreement, the com- missioners of the county upon or into which said water is emptied, may commence and maintain the same proceedings against said trustees as are hereinbefore provided for between the commissioners of adjoin- ing counties; and the funds to be paid by such trustees to the lower county shall be assessed by said trustees and collected in the manner now prescribed by law for collecting assessments for constructing township ditches. Sec. 4510-10. [Cleaning and repairing.] All proceedings for the construction, cleaning out, repairing or enlarging either of said ditches, in either the upper or lower counties, whether or not the same have been originally constructed as-joint ditches or whether or not the ditch to be constructed might be a joint ditch, may be commenced and con- ducted in the manner prescribed by this act and the law prescribed for single county ditches; but in addition to the manner of procedure pre- scribed in this act for the construction, enlarging, cleaning out or re- pairing of any ditch, which furnishes or may furnish drainage for more than one county, proceedings shall be commenced and conducted in the manner prescribed by law for the construction of joint ditches, whenever a majority of each board of commissioners of such counties §hall so agree ; but in all cases where such commissioners do not agree or determine to proceed under the laws for the construction of joint ditches, and the board of commissioners of said lower, county unan- imously agree that such improvement is necessary or will be conducive to the pubHc health, convenience or welfare, and the line described in [is] the best route, then all such proceedings in reference thereto, shall be conducted as provided by this act and the laws for single county ditches. Such proceedings to be conducted by the commissioners of said lower county. Sec. 4510-11. [Cleaning, repairing or enlarging joint county ditch; how cost of apportioned.] When a ditch needs to be cleaned out, repaired or enlarged, which has been located in more than one county, any owner of any lot or tract of land which was assessed for its construction, may make a statement to the county commissioners, 160 LAWS RELATING TO AGRICULTURE. of either of said counties, in writing, setting forth such necessity, and the commissioners shall forthwith appoint a disinterested freeholder of the county or an engineer, to examine the ditch, whose compensa- tion shall be as in other cases, and who shall be sworn to go upon the line thereof and carefully make such examination, and make an esti- mate of the amount of work to be done and the amount of money re- quired therefor, and fix the portion thereof that the owner of each lot or tract of land, and each corporation, county or township assessed for the construction of the ditch or that may be benefited by such cleaning out, repairing or enlarging of the ditch, should be assessed for such improvement; and such assessment shall be made according to benefits, unless the necessity for the improvement arose from the acts or neglect of any land owner or corporation, in which case such an act or neglect shall be considered. Such freeholder, or engineer shall return his estimate and assessments to the aforesaid- commission- ers in writing, whereupon said commissioners shall notify the com- missioners of any other 'county interested of said action, and furnish to them a copy of said estimate and assessments, and it shall be the duty of the commissioners of the said counties to ajipoint a day for hearing the same in joint session, and direct a like notice to be given to all land and lot owners and corporations affected thereby, as is pro- vided in case of the apportionment in the construction of a like ditch, when, if a majority of the members of each board favor the proposed improvement they may approve or disapprove the report, or make such changes therein as they may deem right and proper. They shall enter upon their journals the assessments as approved by them, and the auditors of the said counties shall place the same upon the dupli- cate against the lands upon which they are assessed, to be collected as other taxes ; the work to be done shall be advertised, sold and let and the contracts thereof performed as provided in the construction of a like ditch. When a part, not less than one-fourth of the portion thereof included in any contract is completed in accordance with the contract, the county surveyor shall give to the contractor a certificate thereof, showing the proportional amounts which the contractor is entitled to be paid by the terms of his contract; and the auditor shall, upon the presentation of such certificate to him, draw his warrant upon the treasurer for not more than seventy-five per cent, of the amount, and the treasurer shall pay the same out of any funds in the treasury applicable to such purposes. When the whole contract is complete i, the entire price may be paid in the manner aforesaid. UNDER-GROUND DRAIN. Sec. 4510-12. [Outlet for under-ground drain.] Whenever it be- comes necessary to enter upon the lands of another to secure an outlet to an underground drain or ditch, the person so entering upon the lands of anothei-shall be required to continue said under-ground drain to such place for an outlet as shall not damage said lands by the water enmptying upon the same. Sec. 4510-13. [Payment of costs according to benefits.] That whenever such under-ground drain becomes a benefit to the owner of such lands through which it passes, he may be required to pay a LAWS RELATING TO AGKICULTUKL. 161 reasonable share of the cost of drain upon said premises, and be per- mitted to use the same as an outlet for such drains as he may see fit to make. Sec. 4510-14. [Township trustees to locate drain when property- owners cannot agree.] That when the parties or owners of land to be thus drained, fail to agree as to location of under-ground drain, and the amount to be paid by each, the trustees of said township or town- ships shall locate said under-ground drain, specify size and quality of tile or other material to be used ; specify the depth at which the same shall be placed; apportion the expense of constructing the same among the parties interested ; see that such under-ground drain is prop- erly completed ; provided, if the trustees deem it best, they may pro- ceed under existing laws for the construction of township ditches, to perform the duties required of them by this act, and upon the failure or refusal of either party to pay the amount of said expense as deter- mined by such trustees, the other party may bring action therefor be- fore any justice of the peace of said township, and pursue the same to judgment and execution. Sec. 4510-15. [Damage to crops.] That in the construction of such under-ground drain upon the lands of another, the person so entering to construct the same shall be liable for all damages to crops. Sec. 4510-16. [Ditches along public highways shall be kept open.] That ditches and water-courses upon the public highways into which such under-ground drains empty, shall be kept open by the supervisor of such public highways, to a depth sufficient for the proper drainage of such highways. SINK-HOLES AND FISSURES. Sec. 4510-18. [Sink-holes, etc., may be opened, etc.] The com- missioners of any county and the trustees of any township may, as hereinafter provided, at any regular or called session of their respective boards, cause to be opened, enlarged, widened, altered, deepened and walled up and protected, any sink-hole or fissure, break or opening in the earth or rock thereof, situate in their respective county or town- ship, that may be used as the outlet from any ditch, drain or water- course, whether such ditch, drain or water-course was located and con- structed according to law, or otherwise, when the same is necessary to drain any lots, lands, public or corporate road or railroad, and is or will be conducive to the public health, convenience or welfare. Sec. 4510-ig. [Application for, how made.] Application for any such improvement shall be made to the commissioners of the county or to the trustees of the township, in writing, signed by one or more owners of lots or lands drained by such ditch, drain or water-course, into such sink-hole, fissure, break or opening in the earth or rock thereof, or by one or more owners of lands or lots inundated by over- flow from such sink-hole, fissure, break or opening in the earth or rock thereof, and shall be filed with the auditor of the county if to the com- missioners, and with the township clerk if to the trustees, and shall set 11— p. H. B. 162 LAWS RELATING TO AGRICULTURE. forth the necessity of th-e improvement and described the location of the sink-hole, fissure, break or opening in the earth or rock thereof, sought to be improved, and the route of the ditch, drain or water-course there terminating and emptying therein; and there shall be filed therewith a bond payable to the state, with at least two sufficient sureties, in not less than one hundred dollars, conditioned for the payment of all costs, if the prayer of the petition be not granted, or be dismissed for cause. Sec. 4510-20. [Commissioners or trustees to determine whether improvement necessary.] If the bond be approved by the auditor or clerk, as the case may be, he shall immediately deliver a copy of the petition to the commissioners or trustees, as the case may be, who shall thereupon take to their assistance a competent surveyor or engineer, il in their opinion his services are necessary, and at once proceed to view the line of such ditch, drain or water-course, and the sink-hole, fissure, break or opening in the earth or rock thereof, sought to be im- proved, and determine by actual view whether the improvement is nec- essary or will be conducive to the public health, convenience or wel- fare; and they shall report their finding in writing, and the auditor or clerk, as the case may be, shall enter the same on their journal. Sec. 4510-21. [Proceedings if finding for or against; report, esti- mate, and plat to be filed by engineer.] If the finding be against the improvement, they shall dismiss the petition and proceedings at the costs of the petitioners ; but if they find for the improvement they shall cause to be entered on their journal an order directing the county surveyor or engineer to go to the sink-hole, fissure, break or opening in the earth or the rock thereof, sought to be improved, and survey and level the same, and also survey and level the ditch, drain or water- course draining therein, and make a report, profile and plat of the same, and estimate the number of cubic yards of earth or other substance to be removed, and the costs per cubic yard, and the costs of walling up any excavation that may, in his opinion, be necessary to make; and they shall also, by their order, direct the surveyor or engineer to make and return a schedule of all lots and lands and public and private and corporate roads or railroads, the surface waters of which flow and drain into such ditch, drain or water-course, and are carried thereby to said sink-hole, fissure, break or opening in the earth or the rock thereof, and an estimate of the percentage of the costs and expense of making said improvement that should be assessed to each owner of land and pubHc and private corporation and county and township b ■ reason of the flow of water as aforesaid, of the whole amount of tl costs and expense necessary to make said improvement, and such surveyor or en- gineer shall file said plat, profile and estimates and report with the au- ditor or clerk, as the case may be, within twenty days of the date of said order. Sec. 4510-22. [Auditor or clerk to fix day for hearing, and give notice of; notice to non-resident by publication.] Upon the filing of the report of the surveyor or engineer, the auditor or clerk, as the case may be, shall, without delay, fix a day for the hearing of the same- be shall prepare and deliver to the petitioners, or any one of them' LAWS RELATING TO AGRICULTURE. 168 a notice in writing, directed to the resident lot or land owners, and the authorities of municipal or private corporations affected by the improvement, setting forth the pendency, substance and prayer of the petition, together with a tabular statement of the percentage of the whole costs and expenses that should be assessed to each owner of land and public and private corporation, as reported by the surveyor or engineer, a copy of which notice shall be served upon each lot or land owner, and upon an officer or agent of such private corporation, and upon each member of the board of commissioners or trustees of town- ships, at least eight days before the day set for such hearing, and the person who makes such service, shall return the same to the auditor or clerk, on or before the day set for hearing, and return his doings thereunder, under oath, and the auditor or clerk, as the case may be, shall at the same time give like notice to each non-resident of the county, lot or land-owner, by publication in a newspaper printed and of general circulation in the county for at least two consecutive weeks before the day set for the hearing, which notice shall be verified by the affidavit of the printer or other person knowing the fact, and filed with the auditor or clerk, as the case may be, on or before that day. Sec. 4510-23. [Public or corporate road to be assessed if ben- efited.] AVhen the improvement will benefit any public or corporate road, or if the water from any such road will drain therein, there shall be assessed to the county, if a county road, state road or free turnpike, to the township of fif] a township road, or to a corporation if a corpo- rate road or railroad, a proper share and percentage of the whole costs and expense thereof. Bee. 4510-24. [Meeting for hearing; proceedings.] The county commissioners, in case the proceeding is before the commissioners, shall meet at the auditor's office on the day fixed for the hearing by the auditor, and in case the proceeding be before the township trus- tees, then said trustees shall meet at the office of the township clerk on the day fixed for the hearing by the clerk, and shall first determine whether the required notice has been given ; if they find that due notice has not been given, they shall continue the hearing to a day to be fixed by them and order the notices to be served as hereinbefore provided, and when they find that due notice has been given, they shall examine the report of the survevor or engineer and the apportionment by him made, and if it is in all respects fair and just, they shall approve and confirm the same. Sec. 4510-25. [Report of engineer may be amended ; may adjourn hearing.] If the commissioners or trustees, as the case may be, find that the apportionment reported by the surveyor or engineer is unfair and uniust and ought not to be confirmed, they shall so order and amend it as to make it fair and just; and if in their opinion it is nec- essary, they may adjourn the further hearing not exceeding twenty davs, to a day to be fixed by them, and go upon the premises and, by actual view, apportion the entire costs of location and excavatioti and construction or anv part thereof,"as may seem just and proper, and on the day so fixed they shall again meet and determine the apportion- ment. 1()J: LAWS RELATING TO AGRICULTURE. Sec. 4510-26. [Assessments according to benefits.] All lots and lands and public and private roads and railroads shall be assessed in accordance with benefits, and if the surface water from the same flow into such sink-hole, fissure, break or opening in the earth, or the rock thereof, through any ditch, drain or water-course or natural chan- nel, the same shall be considered benefited by such improvement, and shall be assessed therefor. Sec. 4510-27. [Compensation and damages.] Application for compensation and damages may be made, and if made in proceedings before the commissioners, like proceedings shall be had thereon as are had in proceedings before them in the location and establishment of ditches, drains and water-courses, and shall be governed by the laws then in force governing such proceedings, and if made in proceedings before the township trustees, like proceedings shall be had thereon as are had in proceedings before them in the location and establishment of ditches, drains and water-courses, and shall be governed by the laws then in force governing such proceedings. Sec. 4510-28. [Proceedings in case of appeal ; public sale of work ; contracts and bonds.] In cases where appeals have been taken after the transcript of the proceedings before the probate judge, and all other papers in the case are returned to the auditor's office or clerk's office, as the case may be, the commissioners or trustees, as the case may be, shall cause such entry to be made on their journal as may be necessary to give effect to the verdict and findings of the jury, and as such cases and in cases where no appeals have been taken they shall fix a time for the sale of the construction and excavation of the improve- ment and walling up the same at public outcry, and shall cause notice to be given of the time and place of sale, and direct the surveyor or engineer, or other competent person, to attend at the time and place of sale to superintend, and conduct the same, who shall receive all bids and make contract with the lowest responsible bidder, and take good and sufficient bonds for the labor of constructing and excavating the improvement; all contracts to be let by the cubic yard for excavat- ing and by the perch for masonry, and no contract shall be entertained which exceeds, the estimated value as reported by the survevor or en- gineer: and the person so conducting said sale shall immediately de- liver all bonds and contracts taken by him to the auditor or clerk, as the case may be, which contracts and bonds shall first be approved by the commissioners or trustees, as the case mav be, before they become binding upon them ; and the contractor shall be liable on "his bond so given for all delays after the expiration of the time named therein for the completion of his job, and for all the payment of all damages which accrue by reason of the failure to complete the job within the time required by the contract therefor. Sec. 4510-29. [Work; how done and paid for.] The work shall be done under the supervision of a competent surveyor or engineer, who shall gfive to the contractor a certificate therefor when comnleted showing the amount which the contractor is entitled to be paid by the terms of his contract, and the auditor or clerk, as the case may be, shall, upon presentation of said certificate, draw his warrant upon the' LAWS KELAllNG TU AGKlCUL'i UKE. KiT) treasurer of the county, if the proceedings weri; before the commis- sioners, and upon the treasurer of the township, if before the trustees, for the amount, and the treasurer shall pay the same out of any funds in the treasury applicable to such purpose. Sec. 4510-30. [Proceedings when contract not complied with.] A job not completed within the time fixed in the contract and bond may be re-estimated by the surveyor or engineer and resold by him to the lowest responsible bidder, or he may complete it at the expense of the contrator and his bondsmen, but such job shall not be resold for a greater sum than such estimate or re-estimate, nor a second time to the same party; a contract and bond shall be entered into as here- inbefore provided, but the commissioners or trustees, as the case may be, may, for good cause, give further time to the contractor, not ex- ceeding sixty days ; the surveyor or engineer shall fix the time for the completion of the work resold, not exceeding sixty days from date of bonds. A person or corporation who has sustained damages in conse- quence of such work, may bring suit for such damages in any court of competent jurisdiction against any contractor failing to per- form his contract, and recover damages as provided by law in other cases. Sec. 4510-31. [Compensation and damages; how assessed; bonds.] VVhen the work is let as hereinbefore provided, and the costs and expenses of location and construction and excavation and all compensation and damages are ascertained, the commissioners or trustees, as the case may be, shall meet and determine at what time and in what number of assessments they will require the same to be paid, and order that the assessments so made by them be placed by the auditor of the county on the duplicate accordingly against all lots or lands or corporate roads or railroads assessed; they shall also deter- mine whether they shall issue bonds of the county or township, as the case may be, to raise the money necessary to pay such costs and ex- penses, and, if they so determine, they may issue such bonds, and the same shall be issued for a term of years, not exceeding ten, at a rate of interest not exceeding six per centum per annum, payable semi- annually, and they shall cause an entry to be made on their journal, setting forth their finding and determination under this section. Sec. 4510-32. [Tax; how collected and accounted for.] When the commissioners or trustees, as the case may be, make an assess- ment, they shall cause an entry to be made on their journal, a certi- fied copy of which they shall at once deliver to the auditor of the county directing him to make and furnish to the treasurer of the county a special duplicate with the assessments arranged Lhereon, as required by .their order, and the auditor shall retain a copy thereof in his office, and all assessments shall be collected and accoimted for by the treasurer as taxes ; provided, that if the same are not pajd in one year they shall be placed upon the general duplicate for collection as delin- quent taxes. All collections of money made by the county treasurer on account of assessments made by township trustees, shall be paid by him to the treasurer of the township on demand. 1(56 LAWS RELATING TO AGRICULTURE. Sec. 4510-33. [Levy not void for error.] The collection of taxes or assessments levied or assessed, or ordered to be levied or assessed, to pay for the expenses of any improvement provided for in this act, shall not be perpetually enjoined or declared absolutely void in consequence of any error committed by the engineer or surveyor, or county treasurer or township treasurer, in the proceedings in this act, authorized for by reason of any error or merely technical in- formality appearing in the petition or record of the proceedings, or by reason of any want of notice hereinbefore provided for. Sec. 4510-34. [When bonds issued, assessment for costs and interest must be made; form of bond.] If the commissioners or trus- tees, as the case may be, determine to issue the bonds of the, county or township, as the case may be, for the necessary money to meet the expenses of the construction of any improvement herein author- ized and provided for, they shall make an assessment upon all lots, lands, public or corporate roads or railroads benefited by the improve- ment, or the surface waters of which flow and drain into such sink- hole, fissure, break or opening in the earth or rock thereof, in propor- tion to the apportionment herein provided for, sufficient to pay all the costs and first-year interest, and including the fees of the surveyor or engineer, made after location, in superintending the construction of the improvement, and order the same placed on the duplicate for collection as hereinbefore provided, and they shall thereafter make such assessments as may be required to raise thfe money for the prompt payment of such bonds. All bonds issued by the commis- sioners shall be signed by them and countersigned by the auf'jtor, who shall affix his seal thereto, and all bonds issued by the tru.-iees shall be signed by them and countersigned by the township cicrk, and no bond shall be sold for less than its par value; and the mon«.'y arising therefrom shall be used for no other purpose than the con- struction and expense of said improvement. Sec. 4510-35. [Proceedings when ditch, drain, etc., is situated in more than one county.] If the ditch, drain or water-course, the outlet of which is such sink-hole, fissure, break or opening in the earth or rock thereof, is situated in more than one county, the ap- plication shall be made to the commissioners of each of such counties, and, the surveyors or engineers of each county shall make a report for each county. A majority of the commissioners of each county, when in joint session, shall be competent to find in favor of or against said improvement, and to do anything authorized by this act, but no commissioner or trustee shall serve in any case in which he is person- ally interested, and any two commissioners or any two trustees, as the case may be, may form a quorum for the transaction of business under this act for their respective county or township. Sec. 4510-36. [Penalty for failure to perform duty.] If an engineer, or auditor, clerk, trustee, or commissioner or probate judge neglect or refuse to perform any duty imposed upon him by the pro- visions of this act, he shall forfeit and pay a fine of twenty-live dol- lars for every such neglect, to be recovered before any officer having jurisdiction, in the name of the state, for the benefit of the common schools of the county, at the suit of the party aggrieved thereby. LAWS RELATING TO AGRICULTURE. 167 Sec. 4510-37. [May provide for cleaning ditch, drain, or water- course.] The commissioners of the county or the trustees of the township, as tlie case may be, may liear and determine under tlie same petition, the necessity of cleaning out any ditch, drain or water- course, the outlet of which is such sink-hole, fissure, break or open- ing in the earth or rock thereof, sought to be improved, as the neces- sity of the case requires, and shall order such entry to be made in their journal as in their judgment is required. All estimates, either by the surveyor or engineer, or commissioners or trustees, shall be rnade in the manner provided in this act. Sec. 4510-38. [Pees for services, etc.] The fees for services rendered by county or township officers under this act shall be the same as those allowed by statute for like services in ditch cases, and the auditor or clerk, as the case may be, shall keep a complete record, in a journal to be provided for that purpose, of all proceedings under this act before their respective board of commissioners or trustees. JOINT COUNTY DITCHES BETWEEN COUNTIES OF OHIO AND THOSE OF OTHER BORDERING STATES. Sec. 4510-39. [Joint inter-state county ditches; petition; bond; notice from ofhcial of other state; order for consultation and meet- ing to view line.] Whenever the commissioners of any county of this state shall find on file with the auditor of the county, a petition, or copy of one, signed by one or more landowners, whose lands would be assessed forthe construction of the improvement prayed for, setting forth the necessity of the location, deepening or widening of any ditch, drain or water-course, for the reasons that the same will be of bi.nefit to the public health, welfare or convenience, and describing the j^cint of beginning, route and terminus thereof, together with a bond, with two sureties approved by the county auditor in the amount of two hundred ($200) dollars, payable to the state of Ohio, for the use of said counties, on the conditions that the petitioners, or their bondsmen, shall pay all costs incurred by said county, by reason of the view of said route petitioned for, if the prayer of said petition is not granted ; and also, in addition to said petition and bond, a notice from the proper official of the county of an adjoining state, through wl'ich the route of said improvement as described in said petition would pass, setting forth that the proper papers are filed, and 'hat the proper board of that county is in readiness to act conjointly with them in the location, deepening or widening of said ditch, drain or water- course, they are hereby authorized and empowered to instruct the auditor of their county to consult with the proper official of the cov.n- ty or counties so desiring to act jointly, and to fix upon a time when and where they shall meet the proper board of said county, and with them proceed to view the line of said route prayed for. Sec. 4510-40. [Notice by county auditor.] It shall be the duty of the county auditor, on the filing of any petition and bond as aforesaid, to notify in writing, of the filing of said petition and bond, the proper official of the county of the adjoining state, and the auditor of anv county of Ohio in which land is situated which will be affected 168 LAWS RELATING TO AGRICULTUKii. by the prayer of said petition, a copy of each of which shall he aUached thereto. Sec. 4510-41. [Meeting and organization of joint board.] Hav- ing received notice by the county auditor of said time and place of meeting, the commissioners shall proceed at the time stated to place of meeting agreed upon, and if they find a majority of each proper board present, they shall decide that they have the quorum present, and shall form themselves into a joint board for the purpose before them, by electing one of their number as president, and another as clerk ; provided, that the president and clerk shall not both be selected from the board representing the same state. Sec. 4510-42. [Vote of Ohio members.] Without regard to number of each board present, the members from Ohio shall have ihe casting of one-half l^)oi all votes on all questions, which vote shall be represented equa'lly by the different members present of the board or boards from Ohio. Sec. 4510-43. [Adjournment for lack of quorum.] If the board of the diiJerent counties of the state, or a quorum of the board of each county affected, fail to meet, they shall adionrn until such time as they shall receive notice, as provided in sections one (l) and two (2) [§§ (4510-39), (—40)] of this act. Sec. 4510-44. [View of route petitioned for; finding for the improvement ; locating on another route ; branch ditches ; finding against the improvement.] Having resolved themselves into a joint- board, with the board or boards of other states, as provided for i;i sec- tion three [§(4510-41)] of this act, and having found that a petition and bond conditioned, as required by law has been filed, they shall proceed to view the route petitioned for; and if they find the improve- ment so prayed for is necessary, and will be conducive to public health, welfare or convenience, and that the route prayed for is the best one to accomplish the desired relief, they shall proceed to locate the ditch, or order the widening or deepening of the ditch, drain or water-course in substantial conformity with the prayer of said petition. But if, in their opinion, the route described is not the best, they shall proceed to locate the improvement on the route best adapted to secure the relief desired, with the best conting- ent results ; and may locate all the necessary branch ditches ; but if they find against the location, deepening or widening nf said im- provement, no further proceedings shall be had under this petition, after said report, and the costs shall be collected of the petitioners and their bondsmen. Sec. 4510-45. [Power of joint-board to locate.] The joint-beard shall have authority to locate that part in Ohio of the main ditch, or any of its tributaries, which will lie partially in both states, or which will drain lands of both states. Sec. 4510-46 [Employment of engineer to determine proper route.] If the joint-board find it necessary to employ an :ngincer LAWS RELATING TO AGRICULTURE. 169 to determine the proper route on which the ditch or ns hraiiches should be located, they are authorized to do so; provided, that no engineer shall be employed by the joint-board until' the said board have determined that such improvement is necessary for the public welfare, health or convenience. Sec. 4510-47. [Capacity of improvement.] The joint-board shall have power to determine upon the necessary capacity of the part of said improvement located in the state of Ohio. Sec. 4510-48. [Adjournments.] In their view of route and deliberations over the same, the members of Ohio of the join. -board may adjourn from time to time, not exceeding in the aggregate sixty (60) days. Sec. 4510-49. [Report of finding and proceedings.] The clerk of the joint-board shall make out a full report of their proceedings and findings, signed by himself and the president of the joint-board, which shall be read before the said board. A copy of this report shall be sent to the county auditor of each county affected in Ohio, and to the proper officer of each county affected in the other state. Sec. 4510-50. [Engineers to locate ditch.] After the adjourn- ment of the joint-board, if their report is in favor of the location, the member of said board from Ohio shall proceed to select a compe- tent engineer, to meet one to be appointed by the proper- authorities of the other said state joining with them in the proceedings. Sec. 4510-51. [Bond.] It shall be the duty of the engineer so appointed to file a bond, with the auditor of each county in Ohio, affected by said improvement, in the sum of one thousand ($1,000) dol- lars, with two approved sureties to the same, conditioned to the faith- ful performance of his duties as said engineer. Sec. 4510-52. [Staking improvement; grade megs and bench- marks.] The said engineer shall proceed, with the duly appointed engineer from the adjoining state joining in the matter, to definitely mark out the line of said improvement by setting a stake at every one hundred (100) lineal feet, on the line of ditch and its branches. Each stake shall be numbered, beginning at head of ditch at "O," and numbering consecutively to outlet. Grade megs shall be set at or op- posite such numbered stake, from which all measurements shall be based and permanent bench marks shall be established, on or near line 01 said ditch, at a distance not greater than two thousand (2,000) lineal feet. At each angle a stake shall be set, and witnessed by two permanent witnesses. Sec. 4510-53. [Plat and profile; schedules; list of lands af- fected by improvement; estimate of cost; apportionment of costs.] Thefy] shall, on all the line of improvement within this state, take all the levels and notes necessarv to. and shall make a plat and profile of all said line ; which plat shall show the entire line of said ditch, with all angles accurately located, together with all fence, line, road 170 LAWS RELATING TO AGRICULTURE. or rail crossings, togetlier with all lands or lots affected by, this im- provement, properly and accurately located thereon. 1 he prohle shall show the surface of grade megs, the depth of old ditch or stream, and depth of proposed improvement at each stake throughout and the grade or fall of the bottom of proposed improvement. The report shall also include schedules, showing necessary widths, top and bot- tom, and depth at each stake, together with the number of cubic yards in each one hundred lineal feet of ditch, and also the total nurn- ber of cubic yards so to be excavated throughout the entire line of said ditch. The report shall also state the number of acres of land m each state adjudged by them to be affected by the improvement and benefited thereby, with a list thereof, showing description and owner- ship as shown on tax duplicate, together with their estimate of cost per cubic yard for work, and their estimate of total cost of construc- tion of that part of ditch situated in each state, together with an esti- mate of total cost of location. They shall also in their report make an apportionment, as they think fair and just, of the cost of location and construction between the two states. Sec. 4510-54. [Copy of engineer's report.] A copy of the said report of the engineers, embracing all the matters described within and duly certified to by each, shall be sent to the proper official of each county affected in each st^te. Sec. 4510-55. [Duty of auditor on receipt of report.] On the receipt of the report of the engineers as aforesaid, the auditor shall notify (the joint board) of the receipt of said report as in the case of filing of petition and bond, but need not send a copy of the report re- ceived. And shall proceed as provided for in sections one and two [§§(4510 — 39), ( — 40)] of this act, to fix upon a time and place for the meeting of the joint-board. After which he shall notify the com- missioners of the reception of said report and the time and place of meeting. Sec. 4510-56. [Rules governing board.] The joint-board on assembling, shall be governed by the same rules as provided elsewhere in this act. And they may call to their assistance the engineers who located the improvement. Sec. 4510-57. [Amendment or approval of report; copy of re- port; called meetings.] They shall approve, or amend and approve, of the reports so filed bv the engineers. And the report so approved by them, shall be a final division of the estimated costs of construc- tion, and the entire costs of location between the states. They shall send a copy of their report, duly certified to by the president and clerk of the board, to the proper official of each county affected in the other state, and to the county auditor of each countv affected in Ohio. Their adjournment shall be subject to the call of the majority of the members of either state, notice of which shall be given as provided for in preceding section. Sec. 4510-58. [Power to enter upon lands.] The proper au- thorities in the adjoining state, joining with the counties in Ohio, are LAWS RELATING TO AGRICULTURE. 171 hereby authorized and granted the privilege of entering upon lands or causing the same to be done in this state, along any portion of said located ditch or its tributaries, to perform any work which may be as- signed them to do by the joint-board when in session, as provided for in this act. Sec. 4510-59. [Division of costs among lands affected.] The commissioners of the county or counties in Ohio affected by such improvement, shall proceed to order some competent engineer to make a division of said costs of location and construction so apportioned to Ohio, among the lands so affected as named in the list of lands af- fected, submitted by report of engineers of joint-board. Sec. 4510-60. [Further proceedings; assessment of lands not contained in engineer's report.] The further proceedings shall be in conformity with the existing statutes for the location of county or joint county ditches taken at this stage of the proceedings. The com- missioners, at their hearing on the apportionment made, as provided in section twenty [§(4510-58)] of this act, shall have authority i.o assess any other lands not mentioned in first report of engineers, pro- vided for in section sixteen [§(4510-54)] of this act, as they may deem to be benefited thereby ; provided, that the owners of said lands shall have due notice thereof. Sec. 4510-61. [Work beyond state limits.] The commissioners of any county or counties in this state, in which are located lands affected and charged for the improvement or construction of any ditch, drain, or water-course, under the provisions of this act, are instructed to cause to be performed any work which may be assigned to them outside of the limits of this state, in the same manner as under the ex- isting statutes for similar duties ; provided, that the necessary privil- ege to do so has been granted by the state legislature of the state where said lands are located through which the said work is to be constructed. Sec. 4510-62. [Fees.] The fees of all officials and assistants under this act, shall be the same as for like services in county ditch work. Sec. 4510-63. [Claims for compensation, damages, etc.] All claims for compensation and damages shall be filed with the county auditor on or before the day of hearing on the apportionment. And all such claims allowed, together with costs of location actually in- curred, shall be paid out of the county fund. JOINT INTER-STATK COUNTY DITCHES. Sec. 4510-64. [Joint interstate county ditches, commissioners may enter into agreement for construction.] The commissioners of any county in this state, when a petition is filed with the auditor of the county praying for the location or improvement of any ditch, drain or water-course in such county, the waters from which flow into or through an adjoining county in another state, are of the opinion that 172 LAWS RELATING TO AGRICULTUUE. the outlet for such proposed improvement is insufficient, may, and they are hereby authorized to enter into an agreement with the com- missioners or other proper officials of such adjoinmg county, for the construction or improvement of the outlet for such ditch, dram or watercourse by such lower county, and the payment by such upper county to the lower county of such sum of money as_ may be agreed upon between said commissioners and the proper officials of the 'ow^/' county for the construction or improvement of such outlet, which " amount shall be payable into the treasury of such lower county upon the completion of the improvement of the outlet as agreed upon; [Assessments.] And the commissioners of such upper county shall assess upon the lots, and lands, and public or corporate roads, or railroads, in their county benefited by such improvement, the costs of the location and construction of the same in their county, together with the sum of money agreed to be paid to such lower county for the improvement of the outlet therefor. [Bonds.] And whenever in such case the commissioners of such upper county shall deem it expedient so to do, they may issue bonds of such county to raise the money necessary to pay such costs and ex- penses, including the amount agreed to be paid to such lower county, in the manner provided by section 4479 of the Revised Statutes of Ohio. Sec. 4510-65. [Improvement of outlet of ditch, etc., in this state; agreement by commissioners.] Whenever the commissioners or other proper officials of the county in another state, adjoining a county in this state, shall desire to have the outlet for water flowing in any ditch, drain or watercourse from such upper adjoining county into or through a lower county in this state enlarged or improved, it shall be lawful for the commissioners of such lower county in this state to enter into an agreement with the commissioners or other proper officials of such upper adjoining county for the improvement of such outlet by such lower county, and the payment to such lower coun- ty for the benefit of such improvement,. by such upper county, of such sum of money as may be agreed upon between said commissioners and the proper officials of such upper county, and in making their as- sessments upon the lots, and lands, and public or corporate roads, or railroads, in such lower county benefited thereby, the commissioners shall take into account the amount to be paid for the benefit of such improvement by such upper county. Sec. 4510-66. [Terms of agreement set forth on commissioners' journal.] In all cases when the commissioners of any county in this state shall enter into an agreement with the commissioners or other proper officials of an adjoining county in another state, under the pro- visions of either of the two preceding sections, they shall cause an entry to be placed upon their journal setting forth fully and particu- larly the terms of such agreement, both as to the extent and nature of the outlet to be constructed or improved, and the time within which the same is to be completed, and the amount to be paid by the upper LAWS RELATING TO AGRICULTURE. 173 county to the lower county for the improvement of such outlet, and the time and manner of payment of the same ; [When general provisions govern.] And in all other matters pertaining to the location and construction of such improvement not herein expressly provided for the said commissioners shall be gov-. erned by the provisions of law providins;- for the location and con- struction of county ditches. TOWNSHIP DITCHES. Sec. 451 1. [Township trustees may establish ditches.] The trustees of any township may, whenever, in their opinion, the same will be conducive to the public health, convenience or welfare, cause to be established, located and constructed, as hereinafter provided, any ditch within such township, and for that purpose may cross a railroad, turnpike road, or do any other thing necessary or proper to promote said purpose. Sec. 4512. [Meaning of the words "ditch" and "according to benefits" in this chapter.] The word "ditch" when used in this chap- ter shall be held to include a drain or watercourse, and the petition for any such improvement shall be held to include any side, lateral, spur or branch ditch, drain or watercourse necessary to be constructed to secure the object of the improvement, whether the same is mentioned therein or not; and this chapter shall extend to and include the straightening of streams and watercourses. The words "according to the benefits" when used in this chapter, in directing township trus- tees to assess land for ditches and in directing engineers to report as- sessments for the same shall not be held to authorize any assessments for benefits conferred by nature, nor the right of easement of owners of superincumbent lands to pass the waters therefrom throupfh natural watercourses. Sec. 4513. [The trustees may buy blanks.] If the trustees of any township have occasion to exercise the power conferred upon them by this chapter, they shall authorize the clerk of such township to purchase a sufficient number of printed blanks for all petitions, notices, certificates, statements and bonds, which are necessary to be filed or given, and one ditch journal, to be paid for out of the town- ship fund; but nothing in this section shall be taken to prevent the use of written petitions, bonds, certificates, notices or other papers provided for in this chapter. Sec. 4514. [Petition for a ditch, and proceedings thereon.] Be- fore the trustees take any action towards locating or establishing any ditch, there shall be filed with the township clerk a petition from one or more persons owning lands adjacent to the line of the proposed ditch, setting forth the necessity of the same, with a substantial de- scription of the proposed starting point route, and terminus, and a bond with good and sufficient sureties to the acceptance of the clerk, conditioned to nay all expenses incurred if the trustees refuse to grant the prayer of the petition; and the townshio clerk shall give notice to the trustees of the filing and pendency of the petition, and the tru.s- 174 LAWS RELATING TO AGRICULTURE. tees shall immediateily designate a time and place when and where they will meet to hear the petition and complete their proceedmgs thereunder. Sec. 4514a. [Joint township ditches; application; surveyor's re- port.] When a ditch or improvement is proposed, which will re- quire a location in more than one township, application shall be made to the trustees of each of said townships, and the surveyor shall make a report for each township. [Compensation and damages; appeals.] Application for compen- sation and damages shall be made to the joint board of trustees when in joint session, and appeals from the finding of the trustees when in joint session, locating and establishing such ditch, and from the as- sessment of compensation or damages shall be taken to the probate court of the county in the same manner as appeals are now allowed, and if said ditch or improvement is located in more than one county then such appeal shall be taken to the probate court of the county in which the greatest length of such ditch or improvement is located. [Notice; joint session of trustees.] And upon the filing of such petition the township clerk shall give notice to the trustees of all the townships through which said ditch passes, fixing a time and place where and when such trustees shall meet in joint session, and the trustees of such township shall meet in joint session at the time and place so fixed, and a majority of the trustees of each township, when in joint session, shall be competent to. locate and establish such ditch or improvement, but no trustee shall serve in any case in which he is personally interested, and all laws in force as to the location and estab- lishment of township ditches shall apply to the 'proceedings had by and before said joint board ; [Clerk of joint board and duties.] Provided further, that the said joint board when in session at their first meeting upon said ditch shall select one of the clerks of such townships to act as clerk of such joint board, who shall keep the record of all proceedings had by said joint board upon said ditch or improvement. [Laws applicable to joint township ditches.] And, provided further, that any and all laws now in force, or that may be hereafter enacted providing for the cleaning out of township ditches, shall be applicable to joint township ditches located and established under this act. [Cleaning out of ditch; trustees to examine report.] And the trustees, when in joint session at their first meeting held after a state- ment in writing for the cleaning out has been filed, shall appoint one of their number from each township through which such joint ditch is established and located to examine and report as to the necessity of cleaning out such joint ditch, and said trustees so appointed shall' file their report with the clerk of such joint board, and thereupon such proceedmgs shall be had as is authorized by law for the cleanine out of township ditches ^ LAWS RELATING TO AGRICULTURE. 175 Sec. 4515. [Notice to land-owners of filing the petition.] Upon the filing of such petition and bond the clerk shall prepare the neces- sary number of notices for the petitioner, who shall cause one such notice to be given to the owner of each tract of land sought to be affected by the proceeding; the notice shall state substantially the prayer of the petition, and the time and place, when and where the same will be for hearing by the trustees ; and if any person, owning lands sought to be affected by the proceeding, be a non-resident of the co,unty, the same notice shall be sent to him by mail, if such residence be known by the clerk, otherwise it shall be published for two con- secutive weeks, in some newspaper published or of general circtilation in the county. Sec. 4516. [When action may be brought on bond.] If the per- sons giving bond fail or refuse to pay the costs and expenses when the township trustees refuse to grant the prayer of the petition, the trus- tees may bring suit before any justice of the peace in the township upon the bond, and collect all costs and expenses, with costs of prosecution, and pay out the same in conformity with the estimates made in the case, and the ditch journal containing the record of their proceedings, or a certified copy therefrom, shall be prima facie evi- dence of such indebtedness. Sec. 4517. [Proceeding does not abate by death of party.] The death of a party in interest shall not work an abatement of the pro- ceedings, but the trustees, being notified, shall order the notice pro- vided in section forty-five hundred and -fifteen to be given to the per- son succeeding to the right of such deceased party. Sec. 4518. [Application for compensation and damages.] Any person claiming compensation for lands appropriated for the purpose of constructing any such ditch, shall make his application in writing therefor to the clerk of the township, on or before the day appointed for hearing the petition, which application shall be laid by the clerk be- fore the trustees; or, if the trustees should establish the ditch, or a portion thereof, on a line different from that specifically prescribed in the petition, so that the same shall pass through tracts of land not described or contemplated by the petition ; the owner of such land may make his application in writing for compensation, at any time be- fore the order of the trustees establishing and locating the ditch is entered upon the township record; and on failure to make such ap- plication in either case, such owner shall be deemed and held to have waived his right to compensation. The land-owner is entitled to full compensation for the land appropriated and to the damages to his other lands from which the appropriation is made. He Is not entitled^ as a. part of the compensation, to the value of a strip on each side of the ditch, not actually appropriated; nor can he have, as part of his damages, the cost of constructing such portion of the ditch as the trustees apportion to him to construct: Miller v. Weber, 1 C. C. 130. Sec. 4519- [When preliminary steps have not been taken.] On the day set for hearing the petition, if it appeared to the trustees that 176 LAWS RELATING TG AGRICULTURE. any person who may be interested in the ditch has not been notified as required by this chapter, or that any requisite prehminary steps have not been taken, they shall adjourn to some future time, not ex- ceeding twenty days, and order such notice to be given, or such pre- liminary steps to be taken; and a majority of the trustees shall be competent to perform any of the requirements of this chapter. Sec. 4520. [Township ditches; duties of trustees; proceedings when they find iii favor of ditch.] If the trustees find that the bond has been filed and notice given, they shall proceed to hear and deter- mine the petition, and shall view the premises along the proposed route, and if they find such ditch to be necessary, and that it will be conducive to the public health, convenience, or general welfare, shall proceed to locate and establish the same in substantial conformity with the route described in the petition, or as near thereto as in their opinion would best answer the purpose; and the trustees may take to their assistance an engineer to locate, level and measure' the course of such ditch, and such other assistance as they need, and may ad- journ from day to day, to complete their report and finding, and when their finding is in favor of such ditch and their report iled with the township clerk, they shall fix a day of hearing, within ten days thereafter at the clerk's office in said township, and then and there determine the complaints of any persons affected by reason of the location and construction of said ditch. Sec. 4521. [Township ditches; how compensation and damages awarded.] The trustees shall at the same time examine into and de- termine all applications made to them for compensation, and shall specify the several amounts, by whom and to whom to be paid, and the time of payment, and no order for the opening or sale of any ditch or any part thereof located and established under this chapter shall be made until the full amount of compensation for land appropriated shall have been paid; and the trustees shall pay such compensation out of the general township fund and apportion the aggregate amount thereof equitably upon the lands benefited by said ditch, and the same shall be a lien on said lands, the same as other taxes, and said ap- portionment shall be certified by the clerk to the county auditor within fortv days from such payment, and placed upon the duplicate against the lands so assessed, and collected in the same manner as taxes are collected, and when collected shall be paid over to the township en- titled thereto, to reimburse said general township fund, provided that any landowner may pay the amount assessed against his lands to the township treasurer at any time before the same is certified to the county auditor. As to compensation for injury to crops by constructing underground drain, see § (4510—15.) Sec. 4522. [More than one channel may be establiphed.] If it become necessary, by reason of islands or otherwise, in the establish- ment of a ditch, to construct more than one channel or branch for the flow or discharge of water, in order to accomplish the ends and pur- poses for which a ditch may be established and constructed, the same LAWS RELATING TO AGRICULTURE. 177 may be done in one proceeding and under one petition and the trustees are authorized to make all necessary and proper orders to effectually accomplish the same. Sec. 4523 [May order riprapping to be done.] If it be found necessary to protect any ditch, constructed or to be constructed, from, being washed out by high water, freshets, or otherwise, that any por- tion of the same shall be riprapped or otherwise protected by stone or timber, the trustees, in their final order, may direct such additional work to be done, particularly describing its kind and character, and the particular places, and the sections on which the same shall be done, and by whom. Sec. 4524. [Boxing or tiling of township ditches.] At the hear- ing of the petition, if any person, or persons, owning or controlling lands through which the ditch will pass, make a written request to the trustees for a box, or tile ditch through their lands, the trustees shall, if they deem the same practicable and equally beneficial, grant their request, and order that all, or any portion of such ditch may be boxed or tiled, specifying the size of the boxes or tile to be used, and the depth they shall be placed under the ground; and all expenses in- curred, whether such ditch be in whole or in part a box or tile ditch, shall be apportioned according to benefits derived, as provided in section four thousand five hundred and twenty-six of the Revised Statutes. Sec. 4525. [When and how route may be changed.] At the hearing of the petition, if any person interested in the location of such ditch make a written request to change the route of the ditch-, foi his own special interest and convenience, the trustees may so change the route, if a good and sufficient ditch can be had ; but in all cases where such change would increase the amount of work to open the ditch, the whole of the increased amount of work shall be apportioned to the persons making such request, in addition to their proper share of the balance of the ditch. Sec. 4526. [Ditch to be divided into sections.] The trustees, in locating and estabhshing a ditch, shall divide the same into suitable sections, not less in number than the number of owners of the land through which the same may be located, and apportion the sections equitably to the parties benefited, according to the benefits derived therefrom, and shall prescribe the time within which the work shall be completed, and by whom done, and order that each working section, beginning at the mouth of the ditch, shall be completed at least two days earlier than the one next above it; and the day upon which the trustees conclude their proceedings on the petition, shall be deemed the date of their decision thereon. Sec. 4527. [Fees of officers and others.] The following fees shall be considered lawful allowances for locating and establishing ditches under this chapter: Township trustees, one dollar and fifty cents per day each ; township clerk, for recording proceedings of trustees, ten cents per hundred words ; for apportioning cost of locating and re- 12— F. H. B. 178 LAWS RELATING TO AGRICULTURE. cording the same, twenty-five cents ; for each notice or statement, ten cents per hundred words ; chainmen and axmen, each one dollar per day; engineer, four dollars per day for locating, and three dollars per day for making plat, profile and specifications. Sec. 4528. [Report of trustees to clerk.] Within five days after their decision on the petition, the trustees shall make a full and com- plete report of their proceedings had thereon to the township clerk, and they shal designate therein the amount of costs made in locating such ditch, and shall prescribe the time when such costs shall be paid, together with the width, depth, and flare of the ditch determined upon. Sec. 4529. [Duties of the clerk thereon.] The clerk shall record the report in the ditch journal of the township, and apportion^ the payment of the costs of location to the parties interested in such ditch, in the same manner as is herein provided for the apportionment of the labor of construction ; and the clerk shall prepare for the use of each person having costs to pay and labor to perform, a brief statement in writing, or by printed blank filled out, describing the apportionment of such ditch, together with the length, depth, width, and flare of the same, the amount of costs assessed against such person, when to be paid, and by what time work must be completed. Sec. 4530. [Time to complete work may be extended.] The trustees, at the expiration of the time specified for the completion of such work, may, if they deem it necessary and proper, extend the time for the completion of the same to a time not exceeding four months from the time previously specified, and the clerk shall record such extension of time on the ditch journal. Sec. 4531. [Flood-gates may be ordered.] When the trustees have located and established any such ditch, they may, if they deem it necessary, make an order requiring flood-gates or water-ways to be erected along the line thereof at all places where the owners of land along such ditch may desire to build or place any fence over the same ; and the trustees may prescribe in their order the length, height, and kind of flood-gates or water-ways to be erected at all such fence cross- ings, and the persons owning the land upon which the same may be erected shall thereafter keep the same in good repair. Sec. 4532. [How obstructions may be removed.] If any owner drive, or permits stakes to be driven, in the channel of such ditch, or in any other manner obstruct the ditch at any such fense crossing or other part of such ditch, and permit such obstructions to remain after ten days' notice in writing by the trustees, the trustees ^hall sell out the work of removing such obstructions and hindrances to the lowest responsible bidder, after giving ten days' notice of the time and place of such sale, and the time within which the work is to be performed by posting up written notices or hand-bills in three or more of the most public places in the township ; and when such sale is made the trustees shall take sufficient security for the performance of the work and after the sale the procedings to collect the amount necessary to pay the pur- chaser for the work shall be the same as are provided in section fortv- five hundred and forty-seven. •' LAWS RELATING TO AGIUCULTURE. J 7'' Sec. 4533. [Appeals to the probate court.] Any person inter- ested in the location of such ditch or in the amount of compensation and damages determined upon by the trustees, may take an appeal from the proceedings of the trustees to the probate court of the county, by giving written notice thereof to the dlerk of such township within eight days after the decision of the trustees, and by filing with the clerk a bond, with two or more sufficient sureties, conditioned for the payment of all costs made upon such appeal in case the decision of the trustees shall be sustained in the probate court ; which bond shall be made to the acceptance of the township clerk and the probate judge of such county, indorsed on the same, and filed by the probate judge with the other papers in the case; and such clerk shall thereupon, at the request of each person so appealing, his agent or attorney, make and deliver to each such person, his agent or attorney, a full and complete certified transcript of the proceedings had in the case, which shall be filed with the probate judge of such county within ten days from the filing of such bond. Sec. 4534. [Consolidation of separate appeals, etc.] When two or more persons have taken an appeal, according to the preceding sec- tion, the probate judge shall order the consolidation of such cases, and the rights of all parties interested shall be determined by the jury in the one case thus consolidated, and any one of the appellants may give the notice required in the preceding section ; and the probate judge, upon the filing of such bond and transcript, shall issue a notice and deliver the same to the appellants, returnable on a day therein named not beyond fifteen days, which shall specify the time of meeting of the parties before the court, for the purpose of hearing and determining all perliminary questions pertaining to the case. Sec. 4535. [Notice to land-owners.] The appellants shall serve the notice by copy on all persf)ns interested in the location of the ditch residing within the county, and if any person so interested reside out of the county, or can not be served by a copy of the notice, the appel- lants shall cause such notice to be published for three consecutive weeks in some newspaper of general circulation in the county, and proof of such publication shall be filed in the probate court together with poof of the service of such notice on all persons interested as aforesaid, at least three days before the time fixed for impaneling the jury. Sec. 4536. [Hearing of preliminary matters on appeal.] At the time specified in the notice, the probate judge shall hear and determine all preliminary questions pertaining to the case, and if he find that the appeal has not been perfected according to this chapter, he shall dis- miss the appeal at the cost of the appellant, and certify such dismissal to the trustees of the township, who shall thereupon proceed as if no appeal had been taken ; but the judge may, in his discretion, order and allow the correction of any technical defect, error, or omission in making such appeal. Sec. 4537. [Trial to jury on appeal.] If the judge find the pre- liminary proceedings for appeal in substantial conformity with the pro- 180 LAWS RELATING TO AGRICULTURE. visions of this cliapter, he shall select a jury of twelve _ disinteresjted freeholders of the comity, not resident of such towriship, who shall constitute a jury for such case, and shall issue, over his hand and seal of office, a notice of such selection, directed to the shenfif of such county, returnable on a day therein named not beyond, forty days, which notice shall specify the time of meeting of the jury in the court ; if any of the jurors fail to attend, or for good cause be excused from serving, or be set aside on account of a challenge, the panel shall be filled with talesmen as in jury cases in the courts of common pleas; the plantiffs shall be entitled to two and the defendants two peremp- tory challenges, and may make any number of challenges for the causes for which challenges are allowed in the court of common pleas ; and in respect to challenges, the appellants shall be considered one party, and the petitioners as the other,. and the jury shall be sworn to try all the claims which are represented by the appellants, if there be more than one. Sec. 4538. [The jury may view premises.] The jury shall then, under the care of the sheriff or deputy sheriff, and with such person or persons as the court may appoint to show them the premises, and be- fore any testimony shall be given, except the plat and field notes of the ditch, if there be any, and the title papers of the claimants, if produced, which in that case they shall take with them, proceed to examine the ditch, as established or ordered, and the property of the several claim- ants taken therefor, or alleged to be injured thereby, and after making such examination, shall return to the court at the time the court shall have appointed, whereupon the trial before the jury shall proceed in the same manner as other jury trials in said court. Sec. 4539. [The form of the verdict.] The jury shall render a verdict in writing, and shall find therein: first, whether it will be con- ducive to the public health, convenience, or welfare, to cause the pro- posed ditch to be established or locaited; second,' the amount of compensation due each person claiming compensation in case of the location of the same which shall be computed without deduction for benefits to any property of such person; third, the amount of dam- ages resulting to all parties claiming the same ; and the judge is author- ized to adjourn the proceedings in the premises from time to time, as circumstances may require. Sec. 4540. [Proceedings on return of the verdict.] Upon the return of the jury, the judge shall make a record of all the proceed- ings had in the case bfore him, and shall also make such order as to the payment of compensation for land used, or damages sustained, as the jury shall report; and shall also tax such costs in the proceeding, as are provided by law in similar cases ; and issue execution therefor! Sec. 4541. [Fees and costs, and to whom taxed.] If the report of the jury be not in favor of the appellant, all costs made on such proceedings in the court shall be taxed to and paid by such appellant, and collected as judgments at law in other cases ; but if two or more persons have appealed, and the report of the jury be favorable to some of the appellants, and against the other appellants, the judge shall r-AWS RELATING TO AGRICULTURE. 181 apportion the costs equitably among all the appellants, except those in whose favor the report of the jury is made; and the jurors shall be al- lowed one dollar and fifty cents per day each, together with milage from their respective residences to the probate court, at the rate of five cents per mile. Sec. 4542. [Judge to make transcript, and trustees to meet.] The probate judge shall make a transcript of all the proceedings had be- fore him in the case, and transmit the same, together with all the files and papers in the case to the clerk of the township ; and the township clerk shall notify the trustees to meet at his office, at a time to be fixed by him, and within five days from the date of the notice, to determine the matters growing out of the appeal and verdict, and to secure the construction of the ditch in the manner provided in this chapter when no appeal is taken. Sec. 4.';43. [How trustees to proceed if no appeal.] As soon as an aooeal shall be nerfected from the decision of the townshio trustees, all further proceedings before them on the petition shall be staved ; but if no apeal be taken, the trustees, uoon the expiration of the time spec- ified ijy them for th^ opening of the ditch, shall immediately proceed to inspect the same; and if any section or part of a section, has not been completed, the trustees shall accept a bond with sufficient surety from the person having such unfinished work to perform, conditioned for the faithful completion of. such work, within such time as the trus- tees shall Gpecify in the bond ; but if any such nerson, having unfinished work at the time of inspection as aforesaid, fail or refuse to give bond for the completion of the same, the trustees shall immediatelv proceed to sell such unfinished work bv such sections to the lowest bidders, by setting written or printed notices of such sale in at least three of the most public places in such township, for at least ten days before the day of sale, specifying the time when such work shall be completed; and the trustees shal take such bond or other security for the perform- ance of such work as they may deem proper. Sec. 4544. [At what price work may be sold.] Before the work of constructine such ditch shall be sold bv the township trustees, thev shall make a fair and imnartial estimate of the cost of the work, which estimate shall be entered unon the ditch journal, and the work shall not be sold for a sum exceeding such estimate : and the feps and allow- ances in all such procedines, and the apportioning; and assessing of such costs and expenses, .shall be the same as in the original location and establishment of the ditch, to be paid bv the person whose section of such ditch shall be sold, and collected and paid out as provided in section forty-live hundred and forty-seven. Sec. 4.';4S. [Actions on bonds and re-sales of work.] If a per- son giving" bond in either case, or in both cases, for the completion of such unfinished work, fail to complv with the conditions of the bond within ten davs after the time specified in the bond for the completion thereof, he shall be held liable on the bond to pay all costs and ex- penses incurred, and shall pay all damages and' costs of prosecution 182 LAWS RELATING TO AGRICULTURE. arising in consequence thereof; and the township trustees shall imme- diately bring suit in the name of the township, before any court having competent jurisdiction, against such person, for all costs and expenses resulting from the non-performance of such work; and the journal containing the record of their proceedings, or a certified copy there- from, shall be prima facie evidence of such indebtedness ; and the trus- tees shall immediately proceed to sell or re-sell, as the case may be, such unfinished section, in the same manner as if no previous bond on previous sale had been taken ; and if the purchaser also fail to com- plete such work, the trustees shall again enter suit as provided for in this section, and also again re-sell in conformity with this chapter, until the work shall be completed; but the same work shall not be sold more than once to the same person. Sec. 4546. [Any person injured may have action.] A person who has sustained damage in consequence of the non-performance of such work, may bring suit before any justice of the peace of the town- ship where the damage has been sustained, against the person in de- fault, and collect damages, with costs of suit, in the same manner as the law provides in suits for damages. Sec. 4547. [When assessments to be put on duplicate.] As soon as the work shall be completed in conformity with the sale, and to the satisfaction of the trustees, 'they shall immediately certify to the auditor of the county the amount each section sold for, adding the pro- portionate amount of costs and expenses- of such sale, together with a correct description of each piece of land upon which the same is as- sessed; and the auditor shall place the same on the duplicate, to be collected as other state and county taxes are collected ; and the trus- tees shall at the same time certify the amount due to each person, and the auditor shall draw orders for the payment of such amount out of the county treasury; but any person interested may pay the amount of the purchase money and proportionate share of costs and expenses as aforesaid to the trustees at any time before the same are charged on the duplicate, to be paid by the trustees to the purchaser of such section. Sec. 4548. [Costs when the verdict against appellant.] If the jury appointed by the probate judge shall report in conformity with the proceedings of the trustees, as far as the interest of the person so ap- peahng shall be concerned, then and in that case all costs made on such appeal shall be taxed against such appellant. Sec. 4549. [Costs may be put on the duplicate.] If anv person fail or refuse to pay his apportionment of costs of locating aiid estab- lishing the ditch, or of the cleaning out, deepening, widening, or repair- ing of the same, by the time specified by the trustees for the payment of such costs, they shall certify the same to the auditor of the county, giving a correct description of each piece of land upon which such cost is assessed, and the auditor shall place the same on the tax duplicate, to be collected as other state and county taxes are collected ; and the county treasurer shall pay such amount to the township treasurer as other township funds, specifying the purpose of the same : and the LAWS RELATING TO AGK'Cb'LTURE. 183 trustees shall pay out the same in conformit)' with the record on the ditch journal. Sec. 4550. [When a person injured may sue trustees.] Who- ever sustains damage by the failure of the trus,tees to perform any duty imposed upon them by this chapter, may recover the same by action against them before a justice of the peace. Sec. 4551. [Proceedings when papers are lost.] Where the rec- ords, proceedings, or papers pertaining to any ditch, under the provis- ions of this chapter, have in any way been lost or destroyed, the trus- tees may re-establish the ditch on the original route, and determine the depth, width, and flare, and divide the same into suitable sections, and apportion the same as provided in this chapter, and make a full record of such proceedings, and the record thus made shall thereafter be deemed conclusive evidence of the original capacity and, apportion- ment of said ditch. Sec. 4552. [Township ditch may be altered or repaired by trus- tees.] The trustees shall have the power to cause any ditch, or any part thereof, located and constructed under any law, to be altered, deepened, widened, enlarged, repaired, boxed or tiled, and the same proceedings shall be had so far as is applicable, as is required in the location and construction of the same ; and in all cases the expenses thereof shall be apportioned in the same manner as is provided herein for original construction. Sec. 4559. [What taxes or assessments are not void.] The col- lection of taxes, or assessments levied or assessed, or ordered to be levied or assessed, to pay for the expense of location, or for the con- struction of any ditch, laid out or constructed under and by authority of this chapter, shall not be perpetually enjoined or declared absolutely void in consequence of any error committed by the engineer or sur- veyor, or by the township clerk, or by the trustees of a township in the location and establishment thereof, nor by reason of any error or merely technical informality appearing in the petition or record of the proceedings, nor by reason of anv want of notice by which such ditch shall have been located and established. Sec. 4560. [Only party injured can have relief.] The court, in which any preceding is brought to recover anv tax or assessment, or to reverse or declare void the proceedings to locate or establish any ditch, or to construct the same, or to enjoin the tax levied or assessed, or ordered to be levied or assessed to pay for the location or construc- tin of a ditch, shall proceed in the same manner, and exercise the same authority over said ditch proceedings or any part thereof, as is pre- scribed and g-ranted to such .court in section forty-four hundred and ninety-one of the Revised Statutes, and all acts amendatory thereof or supplementary thereto. REMOVAL OP DRIFT. Sec. 4561. [Who may remove drift on another's land, and when.] .Any person who mav be injured by reason of any drift of wood, or 18J: LAWS RELATING TO AGRICULTURE. Other substance, casually produced in the channel of any stream or water-course, upon the lands of another after three days' notice pre- viously given in writing to the owner, or occupant of such lands, it they are occupied, and if not occupied, then without such notice, may enter thereon, with such assistance as may be necessary, and then and there remove such drift or other obstruction ; but any person so enter- ing, shall remain liable, as at common law, for any injury done or com- mitted to the rights of the owner or occupant of such lands, which might be avoided in the removal of such obstructions, and shall not have the right to remove off of the lands upon which such drift or ob- struction may be situate, any of the substances composing such drift or other obstructions. ' Sec. 4562. [Commissioners may remove drift for protection of roads.] The commissioners of any county are authorized to cause to be removed from any river or water-course within their county, any drift or timber for the better protection of roads and bridges in such county. Sec. 4563. [Application by tax-payers therefor.] When there is filed with the county auditor a petition signed by five or more tax payers of the county, setting forth the benefits to be derived from re- moving such drift and timber, the starting point and terminus, with a description of the river or watercourse to be cleared, and amount of drift and timber to be removed, together with an estimate of cost to be incurred to complete the work, the auditor shall at the next regular or called meeting of the commissioners notify them of the filing of the petition. Sec. 4564. [Appointment of viewer.] The commissioners, upon receiving such notice, shall forthwith appoint some disinterested per- son resident of the county, who shall go upon the line of such river or watercourse, and carefully examine the same, and make his report to the county auditor in writing, stating whether he deems the clearing of the river or water-course important and beneficial for the protection of any state or county road or bridge, and if so, an estimate of the amount of money required to perform the labor. Sec 4565. [Report of viewer, and proceedings thereon.] The auditor shall, at the first regular or called meeting of the commission- ers, after receiving the report from such person, notify the commis- sioners of the same, and if the report recommends the clearing of the river or water-course, the commissioners shall proceed to let the same at public sale to the lowest bidder, whose bid is not twenty per cent, above the estimate cost, and who has no official duty to perform about the work and take a bond payable to the state, of the person to whom the work is let, with good and sufficient sureties for the performance of the same within a specified time ; and on completion of the work thus let and accepted by the commissioners, the auditor shall issue a certifi- cate to the person performing the work for the sum due. LAWS RELATING TO AGRICULTURE. 18.") Sec. 4566. [Costs and expenses to be paid out of bridge fund.] All the costs of letting and clearing such river or water-course, and all the other necessary expenses which shall accrue, shall be paid out of the county treasury, out of the bridge fund, on the order of the county auditor. Sec. 4567. [Commissioners may remove obstructions as a san- itary measure.] The county commissoiners of any county may, when- ever in their opinion the same will be conducive to the public health, convenience, or welfare, upon petition of the owner of any land ad- joining or adjacent to any stream of hving water, remove, or cause to be removed any drift, timber, or other obstructions except mill- dams, water-works, or flood-gates, that may hinder the free passage of water in the natural channel of such stream. Sec. 45670. [County commissioners may remove certain mill- dams as a sanitary measure.] The county commissioners of any county may, wrhenever in t4ieir opinion the same will be conducive to the public health, convenience or welfare, upon petition of the owners of any lands adjoining or adjacent to any stream of living water, re- move or cause to be removed any mill-dam or mill-dams that may hinder the free passage of water in the natural channel of such stream. Sec. 4567^. [Applications for; how made; bond; duty of county auditor; principM petitioner to give notice; when hearing must be adjourned.] All applications by the owners of lands adjoining or adjacent to any such stream shall be by filing with the county auditor a petition signed by at least two-thirds of said owners, stating the necessity for such improvement and the removal of said mill-dam or mill- dams, together with a sufficient bond with sureties to the acceptance of the county auditor, conditioned to pay all expenses incurred in case the county commissioners refuse to grant the prayer of the petition ; and thereupon, the county auditor shall give notice to the commission- ers of the filing and pendency of the petition, and the commissioners shall immediately designate a time and place when and where they will meet to hear the petition and complete their proceedings thereon, and the principal petitioner shall cause notice in writing to be given to th? owners of each of said tracts of land sought to be affected by said proceedings, of the filing and pendency and time of hearing of the petition, which notice shall be served not less than ten days before the day fixed for hearing thereof, and said original notice, duly verified, shall be filed with said auditor on or before said day of hearing. On the day set for the hearing, if it appear to the commissioners that any person who is intersted in such improvement, and in the removal of said mill-dam or mill-dams has not been duly notified as required by the preceding section, or that any requisite preliminary steps have not been taken, they shall adjourn said hearing to some future time, not exceeding twenty days, and shall order such notice to be given, or said preliminary steps to be taken. Sec. 4567c. [Hearing; view of premises; report and record of findings; negotiations for purchase and removal.] If the commis- sioners find that the bond has been filed and notice given, they shall 196 LAWS RELATING TO AGRICULTURE. proceed to hear -and determine the petition and shall proceed to view the premises along the proposed improvement, and the lands of the peti- tioners and others affected by said mill-dam or mill-dams, and if they find that such improvement and removal of said mill-dam or mill-dams will be conducive to the public health, convenienceorwelfare, they shall report their findings in writing and order the auditor to enter the same on the journal, and they shall at once proceed to negotiate with the owner or owners for the purchase of such mill-dam or mill-dams of all rights, title and interest they may have to or in the same, and all fran- chises pertaining thereto, receiving thereby in writing the terms and conditions by which said owner will grant the absolute right to remove the same and for the free passage of water in the channel of such stream. [Further hearing; notice.] Said commissioners shall fix a day for further hearing, and order that due notice be served in writing by the principal petitioners .upon each and every one of said petitioners or any other person or persons interested in the said improvement or the removal of such mill-dam or mill-dams of the time and place of said hearing. [Adjournment; notice.] If on said hearing it appears to the com- missioners that the notice herein provided for has not been given, the commissioners shall adjourn to some future time, not exceding twenty days, and shall order such notice to be given. [Meeting for final hearing; statement of costs.] On the day fixed by the commissioners for final hearing they shall meet at the time and place appointed, and shall then and there state and make known to the petitioners the amount asked by the owner or owners of such mill- dam or mill dams of all their right, title and interest to and in the same and the franchises pertaining thereto, and for the right to re- move the same, so that the waters of such stream shall pass through without hindrance, and the necessary cost of removing said mill-dam or mill-dams, as estimated by said engineer or surveyor, together with all other taxable costs of the proceedings. [Record.] And if upon such statement no objections be made thereto by said petitioners, or either of them, said commissioners shall make a record thereof. [Apportionment of costs.] Said commissioners shall apportion to each of said petitioners and all other land owners benefited by the improvement, in a fair and equitable manner, according to the benefits to be derived therefrom, as nearly as can be done, all the costs of the proceedings as in county ditch cases, the amount asked by the owner or owners of said mill-dam or mill-dams and agreed upon as above, and the amount of cost necessary to the removal of said mill-dani or mill-dams, as reported by the surveyor or engineer. I-AVVS UliLATlNf, TO AGRJCULTURE. 187 [Proceedings on failure to agree or on objection; lands in two or more counties.] Upon failure to agree with the owner or owners of such mill-dam or mill-dams, ir on having agreed, if upon such statement objections be made thereto by the petitioners, or either of them, then the proceedings as to appeals, applications for damages, and in all other respects shall be taken to determine the amount of damages to be awarded to land owners aflfected, as is provided in the statutes as to the location and establishment of county ditches; and if the lands affected are situated in two or more counties, the proceedings shall be governed by the provisions of the said ditch statutes. [Abandoned mill-dam and water-rights; removal of such mill- dam; cleaning out of water-course.] (But in any case where a mill has become useless or has been destroyed, and has so remained for more than five years without any attempt to repair or rebuild the same, the mill-dam and water-rights and privileges belonging to the same shall be deemd abandoned, and the rights thereto as against the public health, convenience and welfare, under this act shall cease and be barred; and the commissioners may, under this act, without bar- gain or compensation, cause such mill-dam to be removed and the watercourse upon which it is located cleaned out and improved when an apportionment has been made as hereinbefore stated.) [Assessment of costs.] The commissioners shall then order the said amounts to be placed upon the tax dupHcates, against the real estate of said petitioners, and all other land owners benefited by the removal of such dam, and to be collected within the time, and to meet the payments as far as practicable in conformity with the provisions of the county ditch law, .whether agreed upon between said com- missioners and said mill-dam owner or owners, or fixed by the com- missioners or otherwise in pursuance to the provisions of the laws relating to county ditches, adding to the first year's assessment the taxable costs of the proceedings and the estimated costs of removing said mill-dam or mill-dams. [Collection and disbursement of assessments.] Said assessment shall be collected the same as other assessments against real estate and paid .into the treasury out of the county wherein said petitioners reside, and wherein said mill-dam or mill-dams are situated, and shall be paid out by the county treasurer on the warrant of the county auditor, who shall issue his warrants 'in accordance with the records and orders of the county commissioners. [Sale and supervision of work.] The surveyor or engineer ap- pointed by the commissioners shall sell at public outcry the work of removing such mill-dam or mill-dams and supervise the same as stated in sections forty-four hundred and seventy-five, forty-four hun- dred and seventy-seven and forty-four hunderd and seventy-eight of the Revised Statutes of Ohio. Sec. 4568. [Application therefor, and bond.] All applications by the o^vner of land adjoining or adjacent to any such stream, shall 188 LAWS RELATING TO AGRICULTURE. be by filing with the county auditor a petition, stating the necessity for such improvement, together with a sufficient bond with surety to the acceptance of the county auditor, conditioned to pay all expenses incurred in case the county, commissioners refuse to grant the prayer of the petition ; and therupbn the county auditor shall give notice to the commisioners of the filing and pendency of the petition, and the commissioners shall immediately designate a time and place when and where they will meet to hear th'e petition and complete their pro- ceedings thereon. Sec. 4569. [Notice to land-owners.] The petitioner shall cause notice in writing to be given to the owners of each tract of land sought to be affected by said proceedings, of the filing and pendency of the petition, which notice shall be served not less than five days before the day fixed for the hearing thereof; and if any person owning lands sought to be affected by the proceedings be a non-resident of the county, a notice shall be given him by publication for two consecutive weeks in some newspaper published or of general circulation in the county. Sec. 4570. [Hearing of preliminary matters.] On the day set for the hearing, if it appear to the commissioners that any person who is interested in such improvement has not been notified as required by the preceding section, or that any requisite preliminary steps have not been taken, they shall adjourn to some future time, not exceeding twenty days, and shall order such notice to be given, or such prelim- inary steps to be taken, and a majority of the commissioners shall be competent to perform any of the requirements of this chapter. Sec. 4571. [Hearing on the merits, and proceedings thereon.] If the commissioners find that the bond has been filed and notice given, they shall proceed to hear and determine the petition, and, if they deem it necessary, shall view the premises along the proposed improvement, and, if they find that such improvement will be con- ducive to the public health, convenience, or welfare, shall order the same and proceed to apportion the clearing of the channel of such stream in a fair and equitable manner, according to the benefits to be derived therefrom, as near as the same can be done, among the owners of lands adjoining or adjacent to such stream, and the county auditor shall make a full and complete record of all such proceedings in the journal of the proceedings of the commissioners. Sec. 4572. [Apportionment of the work.] The commissioners, whenever they order such improvement, shall divide the same into suitable sections, not less in number than the owners of land sought to be affected, and shall also prescribe the time in which the workmen the improvement shall be completed and by whom to be done; and they shall allow all reasoable fees, costs, and expenses incurred in viewing and apportioning such improvement, to be paid out of the county fynd; and whenever the commissioners deem the same right and just, they shall assist in the clearing of any such stream, by com- mon levy, not to exceed five-tenths of one mill on the dollar's val- uation in any year in their county. LAWS RELATING TO AGRICULTURE. 189 Sec. 4573. [When benefited lands are in more than one county.] Whenever the land to be benefited by such improvement is in two or more counties, the commissioners of each county shall meet and divide, as before specified, the clearing of such stream jointly, and shall be governed in all respects by the provisions of this chapter. Sec. 4574. [Petition, and notice in such case.] In such case copies af the notice and petition, as required by sections forty-live hundred and sixty-eight and forty-five hundred and sixty-nine, shall be filed with the county auditor of each county in which any part of such land is situate; and at the time of hearing of the petition, and at the time of hearing the report of the commissioners, any one or more of the commissioners of such counties may meet with the com- missioners of the county in which the petition was first filed,and,when so met, shall each have the same authority to act and decide as if they were severally commissioners of such county and the board were constituted of the whole number of commissioners present. Sec. 4575. [Notice of appeal, and bond.] Any person inter- ested in such improvement may, after the same is ordered, take an appeal from the proceedings of the commissioners to the probate court of the proper county, by giving written notice thereof to the auditor of such county within five days after the decision of the com- missioners, and by filing with the auditor a bond, with two or more sufficient sureties, conditioned to pay all costs made upon the appeal, in case the decision of the commissioners be sustained in the probate court, which bond shall be made to the acceptance of the county auditor and the probate judge of the county, endorsed on the same, and filed by the probate judge with the other papers in the case; and when two or more persons take an appeal, the probate judge shall order the consolidation of such cases into one case, and the rights of all parties in interest shall be investigated by the jury in the one case thus consolidated. Sec. 4576. [Transcript, and the filing thereof.] The county auditor shall, at the request of a person so appealing, his agent or attorney, make and deliver to such person, his agent or attorney, a full and complete tfanscript, duly certified, of the proceedings had in the case, which transcript shall be filed with the probate judge of the county within ten days from the filing of such bond. Sec. 4577. [Drawing the jury, and venire.] The probate judge upon the filing of such bond and transcript, shall cause to be drawn from the jury box, as provided by law in other cases, a jury of twelve disinterested freeholders of the county, who shall constitute a jury for such case and shall issue a venire, directed to the sheriff of such county, returnable on a day therein named, not exceeding thirty days, which shall specify the time of meeting of the jury in the probate court. Sec. 4578. [Notice of the meeting of the jury.] The applicant shall notify all persons interested in the improvement, of the time fixed by the probate court for the meeting of the jury, and if any person lyO LAWS RELATING TO AGRICULTURE. interested in the improvement reside out 6i the state, or can not be served in writing with such notice, the judge, being notified of the fact, shall cause such notice to be pubHshed for three successive weeks in some newspaper printed or of general circulation in the county; and proof of the publication of such notice shall be filed with the probate court before the impaneling of the jury, together with the proof of the service of such notice in writing on all persons interested, as aforesaid, at or before the time so specified. Sec. 4579. [Hearing of preliminary matters.] At the time spec- ified in the notice, the probate judge shall hear and determine all pre- liminary questions, and if he find that the proceedings in appeal have not been perfected, he shall dismiss the appeal at the costs of the appel- lant, and certify such dismissal to the commissioners of the county, who thereupon shall proceed as if no appeal had been taken ; but the judge may, in his discretion, order and allow the correction of any technical defect, error, or omission in making such appeal. Sec. 4580. [Oath and report of the jury.] The judge shall ad- minister an oath to the jury faithfully and impartially, and upon actual view, if so required by either party, to determine whether such im- provement will be conducive to the public health, convenience, or wel- fare, and the jury shall file a report with the judge within five days after taking such oath, unless he, for good cause shown, shall allow further time. Sec. 4581. [Proceedings on report of jury.] Upon the return of the jury, the probate judge shall make a record of all the proceedings had in the case before him, arjd shall also make such order as to pay- ment of costs as are provided by law in similar cases, which costs, to- gether with those made before the commissioners, shall be divided, to be paid in fair proportion among the appellants, in conformity to the report of the jury; but if the report of the jury shall not be in favor of the appellant, all costs made on such proceeding in the probate court shall be taxed to and paid by such appellant, and collected as judgments at law in other cases ; but if two or rhore persons have ap- pealed, and the report of the jury be for some and against the other ap- pellants, the probate judge shall apportion the costs equally among all the appellants, except those in whose favor the report of the jury is made; and the jurors shall be allowed two dollars each per day, to- gether with milage as in other cases. Sec. 4582. [Proceedings when no appeal is taken.] If no appeal be taken, the county commissioners upon the expiration of the time specified by them for finishing the improvement, and upon beino- satisfied, by inspection and view, that any part of such improvement has not been completed, shall proceed to sell the same to the lowest responsible bidder, by i\r?t giving notice of such sale at least two weeks m some newspaper = ' general circulation in the county where such miprovement is local specifying the time when such work shall be completed, and the> '-all take such bond, or other security for the performance of such ^^ -, as they may deem proper; and im- mediately after the sale they s. ' certify to the county auditor the LAWS RELATING TO AGRICULTURE. 191 amount each section sold for, together with a correct description of each piece of land, and the auditor shall place the same on the dupli- cate, to be collected as other state and county taxes are collected. Sec. 4583. [Payment for work done.] As soon as the work is completed in conformity with such sale, and to the satisfaction of the commissioners, they shall certify the amount due each person to the auditor of the proper county, and the auditor shall draw orders for the payment of such amount out of the county treasury ; but any person interested may pay the amount of the purchase money to the commis- sioners, at any time before the same is charged on the duplicate, to be paid by them to the purchasers of such section or sections respectively. Sec. 4584. [Commissioners may keep channel clear.] Coiinty commissioners have the same power to keep the channel of any stream of living water in any county free and clear of all drifts, timber, or other obstructions, in the same manner as is provided in this chapter for clearing the same. Sec. 4584-1. [Land owner must keep free of obstructions ditches on his premises ; how person injured by obstructions may accomplish its removal; expense of removal to be assessed against land.] That every person or corporation through whose lands any public ditch im- provement is constructed, shall be required to keep the same open, free, and clear of all obstructions upon his or its premises, and in case of a failure so to do shall be liable to pay all reasonable and neces- sary expenses of removing such obstructions ; a person or corporation aggrieved by any such obstruction may make a sworn statement of the facts to the county auditor, who shall at once appoint a competent person to, examine the premises, and inquire into the truth of the statement, who shall proceed without delay to do the same, and, if he find the statement to be true, he shall immediately notify the owner of the land on which such obstruction exists to remove the same within a reasonable time, not exceeding twenty days ; and if the owner so no- tified fail to remove the obstruction, the person appointed by the auditor to make the examination shall at once cause the same to be removed, at the expense of such owner, and certify such' expense to the auditor, who shall place the game, together with all fees and other expenses in the case, on the duplicate, as an assessment upon the lands. of such person or corporation, and the same shall be a lien upon such lands, and shall be collected as other taxes. Sec. 4584-2. [Upon application commissioners shall have a hear- ing as to necessity of ciausing ditch to be cleaned.] When any county ditch needs to be cleaned out, any owner of any tract or lot of land which was assessed for its original construction may make an applica- tion in writing to the county commissioners setting forth the necessity therefor and there shall be filed with such application a bond payable to the state of Ohio, with one or more sureties thereon, to the satisfaction of said county commissioners, in the sum of one hundred dollars, conditioned for the payment of all costs if the prayer of such applicant be not granted; and upon the approval of such bond the commissioners shall fix a day when they will meet at the beginning 192 LAWS RELATING TO AGRICULTURE. point of said ditch, within not less than ten days nor more than twenty days, and enter the same on their journal, and the said petitioner shall then give at least three days' written notice tq, all persons mterested, of the time and place, when and where said county commissioners will meet and hear said application, and they may adjourn the hearing from day to day or to such time as necessity may require. Sec. 4584-3. [Procedure in case applicant is a resident owner.] Provided, however, that when a ditch needs to be cleaned out, any resident owner of any tract of land which was assessed for the con- struction may make a sworn statement to the county auditor, in writ- ing, setting forth such necessity. And said county auditor shall forth- with notify the county surveyor to examine the said ditch, who shall go without unnecessary delay, upon the line thereof, and make an estimate of the amount of money required therefor and fix a portion thereof that the owner of said tract of land and each corporation, county or township assessed for the construction of the ditch, shall be assessed for such cleaning out; and such assessment shall be made according to the benefits; unless the necessity for the cleaning out arose from the act or neglect of some land owner or corporation, in which case such act or neglect shall be considered. Said county surveyor shall return his estimate and assessment to said auditor in writing, who shall appoint a day for hearing same, and direct said county surveyor to give notice therof to each owner of land and corporation affected thereby when said auditor may make such changes therein as he may deem right and proper; he shall enter upon the journal to be kept for that purpose the assessment as approved by him and he shall place such assessment upon the duplicate against the land, upon which they are assessed, to be collected as other taxes ; the work of cleaning out the ditch shall be advertised, sold and let, and the contract therefor performed, as provided in this chapter ; the con- tractor shall be paid by warrant of the county auditor upon the county treasurer, out of any funds in the treasury applicable to such purposes. When the whole contract is completed, the entire price may be paid in the manner aforesaid. Sec. 4584-4. [Proceedings of commissioners upon hearing pro- vided in section 2.] On the day named in said order, the county commissioners shall meet at the time and place named therein, and determine by actual view of the said ditch and the premises along and adjacent thereto, whether the said ditch shall be cleaned out; and any person interested in said ditch may at that time file with the said county commissioners, a petition asking for the tiling of the whole or any part of said ditch, and the county commissioners shall at the same time hear the said petition and may order the whole or any part there- of tiled and prescribe the dimensions of such tile, and they shall make their report in writing and enter the same upon their journal and if they find that the said ditch does not need to be cleaned out then they shall dismiss said application at the cost of the applicant and order the county auditor to collect the costs and expenses thereof bv suit upon said bond if the same is not paid within twenty days from the date of said order; and if the county commissioners find that said ditch or any part thereof needs to be cleaned out, thev shall by an LAWS RELATING TO AGRICULTURE. 198 order entered on their journal, appoint the county surveyor to go upon the Hne of said ditch and furnish him with the original specifica- tions of said ditch, and fix the time when he shall file his report with the county auditor. The examiner, so appointed, shall, after being sworn, examine and reapportion the costs of cleaning the same out according to its original capacity, together with the costs of tiling the same if so ordered by the county commissioners, among all the parties benefited thereby, unless he shall find that the necessity for cleaning out has occurred by the act or neglect of any landowner along the line of said ditch, in which case such an act or neglect shall be consid- ered; and he shall make a report of his proceedings to the county commissioners on or before the day so fixed by them, and on the da}' so fixed by them, the county commissioners shall meet at their office and hear any and all exceptions filed to said report; and if the county commisioners find that said report is fair and just, they shall approve and confirm the same, and if they find that the same is unfair and un- just, they shall amend the same so as to make the same fair and just, and then approve and confirm the same, and shall, after having ap- proved and confirmed the same, enter the same upon their journal, and the county auditor shall place the same upon the tax duplicate against the lands upon which they were assessed to be collected as other taxes, and said county commissioners shall then order the said surveyor or engineer to proceed to sell the work of cleaning the same out in sec- tions bounded by farm lines, at public auction to the lowest bidder, and said surveyor shall fix the time in which each section shall be completed, and shall take a bond with good and sufficient surety, to be approved by him for the faithful performance of such contract, and when the whole of said work is completed, he shall make a report thereof to the county comissioners, who shall approve of the same, and the contractor shall be paid on the warrant of the county auditor on the county treasurer, out of the assessments so made and paid upon the certificate of such surveyor, that he has performed his contract, but if at the presentation of any certificate, all assessments have not been made, payments shall be made thereon pro rata. Said examiner shall return to the county commissioners an itemized statement of all expenses incurred in the cleaning out of said ditch, including the sum of $4.00 per day for his services, and $1.50 per day for all necessary help. Sec. 4584-5. [Duty of township trustees as to cleaning township ditches.] It shall be the duty of the trustees of each township to ex- amine all township ditches within their respective townships once in every two years as to the necessity of cleaning the same out, and if after such examination they deem it necesary that any such ditch or ditches need cleaning, they shall make an estimate of the amount of labor, and the cost of cleaning out of said ditch or ditches, and fix the portion thereof that the owner or owners of each lot or tract of land, and each corporation assessed for the construction of said ditch or ditches, shall be assessed for such cleaning out. and such assessment shall be made according to benefits to accrue to each landowner inter- ested as near as practicable, unless the necessity for such cleaning out arose from the act or neglect of any landowner or corporation, in 13— F. H. B. 194 LAWS RELATING TO'AGRICULTURE. which case such act or neglect shall be considered, and the assessment of said landowner or corporation proportionately increased. Sec. 4584-6. [Hearing before such trustees ; proceedings after de- cision.] Such trustees shall return their estimate and assessment, with such facts as they may deem necessary to a full understandmg of the case, to the township clerk in writing, within ten days, and shall at the time of making such report, fix a time for hearmg the claim or claims of those interested. The clerk, upon receipt of such report, shall the cause the same to be entered in full upon the township record, and shall also make an entry of the time fixed for the hearing, and shall forthwith notify the owner or owners of each tract of land or his agent, so far as their residence may be known to said clerk, of the time and place fixed for said hearing, which notice shall also con- tain a written or printed copy of the estimate of said trustees. At the time fixed for hearing the parties interested in such proposed cleaning out; the trustees may make such changes therein as they deem jiist and equitable. After such hearing, if they are of the opinion that there is no necessity for cleaning out said ditch, they shall dismiss the aplication and assess the cost thereof to the applicant, but if they are of the opinion that it is necessary to clean out said ditch, then they shall make a final order, which shall be entered upon their record, that said ditch be cleaned out, and that all the dirt, mud and other substances that have accumulated therein, since its original construc- tion, be removed and cleaned out down to the solid earth, and so that the water will have a free and uninterrupted flow, specifying by whom the same shall be cleaned out, and the portion thereof each shall clean out, and the amount of the assessment upon each tract or parcel of land interested in such improvement, and they shall cause the township clerk to forthwith notify the owner or owners of each tract of land, or his or their agent, or agents, so far as their residence is known to the clerk, to clean said ditch as ordered, and directed by the trustees, within thirty days, unless for good cause, shown, the trustees extend the time ; but in case the residence of the owner or owners of any such tract of land, or his agent, is unknown to the clerk, he shall cause to be posted up in at least three of the most public places in the town- ship or townships in which said ditch is located, written or printed notices of the order of the trustees and of the time fixed for cleaning out such ditch. The trustees and clerk shall be entitled to receive the same fees in proceedings for cleaning out ditches as now allowed for similar services in the original construction thereof, to be paid by the party or parties whose act or neglect caused the necessity for such cleaning out, in such proportion as the trustees deem just and equitable, -and the collection thereof shall be enforced in the same manner as provided for the collection of costs and assessments in proceedings for the construction of ditches by township trustees. Sec. 4584-7- [Duty of trustees upon application by person in- jured by obstruction of ditch.] Every person or corporation through whose lands any ditch improvement is constructed shall be required to keep the same open, free and clear of all obstructions upon his or its premises, and m case of failure so to do, shall be liable to pay all reasonable expenses of removing such obstructions ; a person or cor- LAWS RELATING TO AGRICULTURE. 195 poration aggrieved by any such obstruction may make a sworn state- ment of the facts to the township trustees, who shall at once appoint one of their number to examine the premises, and inquire into the truth of the statement, who shall proceed without delay to do the same, and if he find the statement to be true, he shall immediately notify the owner of the land upon which such obstruction exists to remove the same within a reasonable time, not exceeding twenty days ; and if the owner so notified fails to remove the obstruction, the trustee appointed to make the examination shall at once cause the same to be removed at the expense of such owner or owners, and certify such expense to the auditor, who shall place the same, together with all fees and other expenses in the case, on the duplicate, as an assessment upon the lands of such person or corporation, and the same shall be a lien upon such lands, and shall be collected as other taxes. Sec. 4584-8. [Examination of work, etc.] Immediately after the expiration of thirty days, or such other time as has been granted or extended to any person for the completion of the work aforesaid, the trustees shall appoint one of their number to examine the ditch and de- termine whether it has been cleaned out and repaired as directed and ordered by the trustees, and if the ditch has been so cleaned out and lepaired the parties interested shall be discharged from further obliga- tion, other than the payment of their portion of the costs and expenses under said application ; but if on examination any of the parties who have been notified have not cleaned out and repaired such ditch, or their portion thereof ordered by the trustees and directed in the notice, the trustees shall immediately proceed to sell said cleaning out or repairing of such ditch or portion thereof to the lowest bidder, in the manner provided for selling unfinished sections of ditches; and thereafter the same proceedings shall be had in relation thereto, so far as applicable, provided in section forty-five hundred and forty- seven. Sec. 4584-9. [Commissioners may cause any county ditch to be cleaned.] The county commissioners of any county in this state shall have power to clean out any ditch, drain or water course within their respective counties, if said ditch, drain or water course has been lo- cated, established and constructed by the county commissioners under the laws of this state. Sec. 4584-10. [Proceedings by commissioners upon petition by majority oJF resident landowners.] Whenever a majority of the resi- dent landowners whose lands are adjacent to and will be taxed for the improvement contemplated in any such ditch, drain or water course, shall sign a petition therefor, setting: forth the necessity for the clean- ing out of any such ditch, and shall file the same with the county audi- tor, and shall also file a bond in amount and with sureties to the ac- ceptance of the countv auditor conditioned to pay all costs and ex- penses caused by the hearing of said petition in case the prayer thereof shall not be granted ; the countv commissioners shall proceed, at their first regular or called session after the filing of said petition and bond, to hear and determine the question of granting the prayer of the peti- 196 LAWS RELATING TO AGRICULTURE. doners, and if in their opinion the improvement prayed for is de- manded they shall so find and enter their findings upon the journal of their procedings, and if said county commissioners shall find that the improvement prayed for is not demanded by and will not be con- ducive of the public health, convenience and welfare, they shall not take any other or further action in the matter, and shall enter an order upon their journal requiring the bondsmen to pay the costs of said hearing. Sec. 4584-11. [Levy of tax for ditch cleaning.] Whenever the county commissioners shall grant the prayer of the petitioners, they shall at the same session proceed to levy on each acre of land drained by the particular ditch, drain or water course on which the improve- ment is prayed for in the petition, without regard to the valuation thereof, but according to the benefits to be derived from said improve- ments, a tax which in the aggregate will be sufficient to pay for such improvement and the cost connected therewith, and such commission- ers shall each year thereafter, unless petitioned by a majority of the persons whose lands are taxed for that purpose to omit such tax for such year, proceed to levy a like tax upon such'lands of such amount as may be necessary to clean out such ditch and pay the cost and expenses accruing under this act, and the amount of money collected from said levy shall constitute a separate fund for each separate ditch improve- ment herein provided for, and shall be expended only for the purposes and in the manner herein provided. Sec. 4584-12. [Commissioners may appoint supervisor.] When- ever the county commisioners shall find the irhprovement prayed for in any case is demanded by and will be conducive to the public health, convenience and welfare, as in the manner hereinbefore provided, they shall appoint one of the tax payers for said improvement to act as supervisor for said ditch, drain or water course. Sec. 4584-i2a. [Bond.] Before entering upon his said duties, the supervisor shall give bond in such sum with such sureties as may be required and approved by the county commissioners, and conditioned for the faithful performance of his duties, and that he will faithfully and honestly keep and pay over all moneys that he may receive in his office of supervisor of said ditch. Sec. 4584-12&. [Duty of supervisor.] It shall be the duty of said supervisor to let the work of cleaning out said ditch to the lowest responsible bidder, in sections of not exceeding one mile in length, and- take a bond for the faithful completion of the work, and the work shall not be so let again by the supervisor, and he shall have power, whenever in his opinion the same is necessary, to enter upon any sec- tion of the work so let, when the same is not completed according to the contract, or the work is not proceeding satisfactorily, with men and teams and complete the same, and. charge the expense of the same to the said contractor, which amount shall be deducted from the con- tract price and placed to the credit of the supervisor, and he shall like- wise have power to enter upon -any improved or unimproved lands drained by said ditch improvements at any time, for the purposes of LAWS RELATING TO AGRICULTURE. 197 this act, provided, that said supervisors shall give notice, written or printed, to land owners who are resident, or whose address is known, at least six weeks before, that he intends, at such a time to clean out said ditch ; he shall also at the same time give like notice to all non-resident land owners whose address is not known, by pub- lication in a newspaper of general circulation in the county for two consecutive weeks. Said supervisor shall go over said ditch improve- ment at least once in the spring of the year, for the purpose of de- termining upon actual view the condition of the ditch, and shall on sight or information at any other time of year, remove, or cause to be removed, all driftwood, fallen timber, rails, crossings, water- gaps or other obstructions, which he may find in or upon said ditch, and which, in his opinion, does or may obstruct the free fiow of water in said ditch, and the last above named improvement shall be made by said supervisor, without notice to land owners, heretofore provided for, and all such obstructions so found in or upon said ditch, which the supervisor shall find. were placed in or upon said ditch by the land owners upon whose lands said obstructions may be found, shall be removed by said supervisor at the expense of said land owners, and all obstructions found in said ditch, except those arising from the deposit of earth, sand and gravel,, and the growth of grass and weeds ■ and brush, and flood-wood, naturally, and without artificial obstruc- tions to cause the same, shall be deemed and held to be placed there by the act of the owner of the land, and said land owner shall also be held for all acts and omissions of his tenants, pertaining to said ditch. Sec. 4584-12C. [Accounts of supervisor.] Said supervisor shall keep a separate and exact account with each separate land owner along the line of his ditch whose lands are taxed as herin provided, and shall enter therein to each of said land owners the sum expended by him in removing the obstructions hereinbefore mentioned, and shall present to each of said land owners a true account of the sums so expended and demand payment thereof, and if payment is not made within thirty days, said supervisor shall report the same to county auditor, who shall place the same upon the duplicate and collect as other taxes. Sec. 4584-12J. [Disposition of moneys.] All moneys that may come into the hands of said supervisor from collections by suit or otherwise, shall be by him paid over to the county treasurer to the credit or the separate fund of the ditch of which he is the separate supervisor, and no moneys shall be paid out of said fund except upon an account approved by said supervisor and upon an order of the county commissioners, drawn in favor of the person or persons to whom the same is shown to be due, and upon the fund of the speci- fied ditch, in the treasury. Sec. 4584-124?. [Report to commissioners.] The said ditch super- visor shall annually report to the county commissioners his doings, including work done by him on ditches as herein provided, and moneys collected by him by suit or otherwise, and the condition of the ditch, and the number of acres of land drained by the same, and the necessity for any other or further improvements thereon, and said report shall be made by said supervisor at the first regular meeting of the county 198 LAWS RELATING TO AGRICULTURE. commissioners in January of each year; and it shall be the duty of the county commissioners, at their first regular meeting in Janua,ry, April, July and October of each year, to hear any complaint in writing filed with the county auditor, and signed by three land owners taxed for the ditch, against any supervisor, and to remove any supervisor for any good cause and appoint another. Sec. 4584-12/. [Compensation.] It shall be the duty of the coun- ty commissioners to allow to the said supervisor one dollar and fifty cents per day for the time actually employed in supervising said im- provement, but before any order shall be allowed, the said supervisor shall file an itemized account showing the amount and nature of the work done by him each day or parts of days, and it shall be the duty of the county commissioners to reject any account or any item of an account so filed if the charge be shown to be excessive. Sec. 4584-121'. [Repair of head-gates of water power.] When- ever any head-gates of any water power, mill race, or water privilege, owned, operated, controlled, or leased by any person, partnership, or corporation, have become, or may become, so damaged by floods or otherwise, that the same become inoperative for the purpose for which they were intended, and such person, partnership, or corporation, fails to repair or replace the same within ten days after the request of any person owning, controlling, or occupying lands adjacent to such water power, mill race, or water privilege, such person may file with the county auditor a petition setting forth the fact that said head-gates have been injured or destroyed, and have become inoperative for the purpose for which they were intended and praying that the same may be replaced; and shall also file with the auditor a good and sufiicient bond, with sureties, in such sum as said auditor shall fix, but in no case to be less than one hundred dollars, payable to the state, conditioned to pay all costs and expenses incurred, provided the prayer of said peti- tion be not granted ; and thereupon the auditor shall cause a meeting of the board of county commissioners at their office at a date to be fixed by him not more than one week later than the date of the filing of said bond; and the auditor shall forthwith notify by writ, issued to the sheriff and by him to be served on the person, partnership, or corporation, 'owning, operating, or controlling such water power, mill race, or water privilege, setting forth the substance and prayer of said petition and the time and place the same is to be heard, which said writ shall be served within three days froni its date. Upon the day fixed for the hearing of said petition, the county commissioners shall hear and determine the same, unless, for good cause shown, the hear- ing shallbe adjourned, and they may, if they deem it necessary call to their assistance the county surveyor or other competent engineer, and view the premises referred to in the petition, and, if after hearing said petition, said county commissioners are of the opinion that the main- tenance of such head-gates is necessary for the better protection of the lands owned, occupied, or controlled by the petitioner, they shall order and require the person, partnership, or corporation, owning, leasing, or controlling such water power, mill race, or water privilege, to pro- ceed within ten days to repair or replace said head-gates, so as to make the same operative for the purpose for which they were in- LAWS RELATING TO AGRICULTURE. 199 tended. And if such person fail so to do within the time specified, then the county commissioners shall proceed to have the same done in accordance with the plans and specifications furnished by the engineer or county surveyor after advertising the letting thereof for ten days, and sell the same to the lowest bidder. Cleaning and repairing ditcli located in more than one county, see § (4510—11.) Cleaning and repairing on petition in Lucas county, see § (4510—17.) Sinkholes, fissures, breaks, etc., protection and treatment of, see § (4510— 18) et seq. LEVEES. Sec. 4585. [Probate court may order construction of levees.] The probate court of any county, may whenever found to be cmducive to the public health, convenience or welfare, cause to be located, estab- lished and constructed as hereinafter provided, a levee within the county, along any stream, watercourse, lake or body of water. 01 near any stream, watercourse, lake or body of water of any kind, for the protection of land from overflow. Sec. 4586. [Petition therefor; what to contain, and bond.] When there is filed in the office of probate judge a petition, signed by one or more persons owning, controlling, or occupying lands adjacent to, or who shall be intersted in, the proposed levee, setting forth the necessity for the same, with a substantial description of the proposed starting point, route, and terminus, and a bond, with good and suffi- cient surety to the approval of the judge, payable to the state, con- ditioned to pay all proper costs and expenses in such proceedings, in case the levee be not finally ordered, the probate judge shall fix a time for hearing the petition, not more than thirty days from the time of filing the same. Sec. 4587. [Notice to parties interested.] The judge, or one of the petitioners, shall cause a notice in writing to be given, at least ten days before the day set for hearing the petition, to the owner of each tract of land, and to the auditor of any county and the clerk of any township which may be affected by the proceeding, of the filing and pendency of the petition, and the time the same will be for hearing be- fore the court: and if any person owning lands which may be affected by the proceeding is a non-resident of the county, or if such owner is a turnpike or railroad company, such notice may be given by pub- lication for two consecutive weeks, in some newspaper of general cir- culation in the county; but if such railroad company has a principal office, or a regular ticket or freight agent in the county, a notice, if required by the judge, may be served by leaving a copy thereof with the principal officer in charge of such officer, or with such ticket or freight agent, in which case notice to such railroad company need not be given by publication. Sec. 4588. [Application for damages.] An owner claiming com- pensation for lands appropriated for the purpose of constructing any such levee, shall make an application in writing therefor to the court. 200 LAWS RELATING TO AGRICULTURE. on or before the day appointed for hearing the petition, and on failure to mal LAWS RELATING TO AGRICULTURE. act and all laws of the state of Ohio, providing for the co-operation of the state in the construction and maintenance of public mgnwayt.. He shall have charge of all records of the state highway department , and shall each year submit to the governor of the state a tuli report of the operation of the department, the number of miles, cost ana character of the roads built under its direction, detailed and accurate itemized statements of his expenses and the expenses of the depart- ment, and such other information concerning the condition ot tne public roads of the state and the progress of their improvement, as may be proper. Sec. 2. [College of agriculture and college of engineering of Ohio state university to be employed in making investigations concerning chemical and physical character of good road making material.] in making investigations concerning the chemical and physical charac- ter of road making material, the apparatus and supplies of the col- lege of agriculture and of the college of engineering of the Ohio state university shall be employed, with the consent of the president of said university, in so far as such investigations may be made without interfering with the regular work or purposes of said college. Sec. 3. The county commissioners in order to avail themselves each- year, of the aid provided by the state of Ohio for assistance in constructing highways, shall make application to the highway com- missioner before the first of January of each year. Sec. 4. Every application for the co-operation provided for by the state highway department for state aid in constructing highways, shall be accompanied by a properly certified resolution adopted by the board of county commissioners having jurisdiction over the high- way to be improved, stating that the public interest demands the improvement of the highway described therein, .but said description shall not include any portion of a highway within the boundaries of any city or village. Sec. 5. [State highways.] The highways constructed or recon- structed under the provisions of any act providing for aid by the state, shall thereafter be known as "state highways," and shall be kept in repair, so that they may be maintained at the standard of condition prescribed for highways of their class by the state highway depart- ment at the expense of the county in which such highway may lie. Sec. 6. [County commissioners to maintain state highways.] It shall be the duty of the commissioners of every county in which said state highway may lie, to maintain the same generally at a reasonable standard, prescribed for such roads by the state highway department. The word "highway," as used in this act, shall be con- strued to include any existing causeway or bridsfe, or any new cause- way or bridge, or any drain or watercourse which may form a part of a road, and which might properly be built, according to existing laws, bv the township or townships; but shall not include causeways or bridges which should properly be built by a county or adjoining counties, or by the state. LAWS RELATING TO AGRICULTURE. 217 Sec. 7. [County commissioners or township trustees may incur mdebtedness or issue bonds.] It shall be lawful for the commission- ers ot any county or for the trustees of any township to incur indebted- ness or to issue bonds at a rate of interest not exceeding four per cent m the manner authorized by law, for the payment of the said county or said township share of the cost of any highway improvement under- taken under the provisions of this act, or any other act in which the state of Ohio pays one-fourth the cost of construction ; provided, fur- ther, that for the purpose of carrying out the provisions of this act the county commissioners of any county or the trustees of any town- ship in addition to any Hmit fixed by law or to any authority under any act now m force giving authority to sell bonds and fix the rate of interest and levy taxes to provide for their payment may, by unan- imous vote of the board of county commissioners or of the township trustees, provide for the sale of bonds, fix the rate of interest not ex- ceeding four per cent, and levy taxes for the purpose of paying the same. Sec. 8. [Levy for creation of state and county road improvement fund.] The county commissioners, at their March and June session annually, in addition to the levy authorized for road and bridge pur- poses, may levy on each dollar of valuation of taxable property within their county not to exceed five-tenths (S-io) of a mill for the creation of a fund to be known as the state and county road improvement fund, and to be used for the improvement of state and county roads in the county. Sec. 9. [When additional levy authorized.] When any one or more of the principal highways of any county, or any part thereof, have been destroyed by freshet, watercourses, landslide or any other' casualty, or by reason of the large amount of traffic 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 obstructions from, or to make the changes or repairs in such road or roads as are rendered necessary from the causes herein enumerated, said commis- sioners may annually thereafter levy a tax at their June session, of any sum not exceeding five-tenths mills upon the dollar on all taxable prop- erty of the county, to be expended under their direction in such man- ner as may seem to them most advantageous to the interest of the county for the construction, reconstruction or repair of such road or roads, or any part thereof. Sec. ID. [Officers having authority over highways to furnish in- formation to state highway department.] County commissioners of the several counties of the state, and the officers of the cities, villages and townships in the state, who now have, or may hereafter have by law, authority over the public highways and bridges, shall upon the written request of the state highway department, furnish said depart- ment with any information relative to the milage, cost of building, and maintenance, condition and character of the highways under their jurisdiction, and with any other needful information relating to the said highways. 218 LAWS RELATING TO AGRICULTURE. Sec. II. [Township trustees where road is to be improved may bid upon work.] Nothing contained in any act providing for the aid of the state in the construction of pubHc highways or in any act pro- viding for the improvement of highways, by the assistance of the state, shall be construed to prohibit the township in which the mi- provement is made frorn bidding upon the work and the highway commissioner may award the contract to the township trustees pro- vided the bid for constructing the improvement conforms to all re- quirements that are made for other bidders. Sec. 12. [Dirt road may be constructed parallel with improved road.] Nothing in this act or any other act for the construction of improved highways, under direction of state authorities, shall be con- strued to prevent the highway commissioner or the authorities having jurisdiction of any such road, from constructing or for providing for the construction of a dirt road parallel with and alongside of any im- proved road, whenever in their judgment such construction is neces- sary. Sec. 13. [How funds from federal government apportioned.] Whenever there shall be available any funds for highway improve- ment in the state, from the federal government the same shall be apportioned by the state highway commissioner on or before the- first day of January in each year according to the milage of township or county roads in each county, but said fuffds shall only be used for the purpose of extending, improving, maintaining and constructing highways made under the provisions of this act, or which are of a standard approved by the state highway department, and shall be dis- tributed upon application for the same by county commissioners of the various counties. Provided further, that if the amount so apportioned and set aside shall not be applied for a period of two years after it becomes avail- able, it shall be returned to the state treasury and be added to the appropriations for the current year and distributed anew as herein provided. Sec. 14. This act shall not be construed to conflict with any act now in force. Passed April t8, 1904. Approved April 27, 1904. STATE ROADS. Sec. 4615. [How state roads laid out, and width.] All state roads, hereafter laid out, shall be not more than sixty nor less than forty feet wide, and proceedings therefor shall be by petition to the county commissioners, as hereinafter provided. Sec. 4616. [Petition for; what to contain.] All petitions for a state road shall specify the place of the beginning, the intermediate points, if any, and the place of termination of the road. LAWS RELATING TO AGRICULTURE. 219 Sec. 4617. [Commissioners to view and survey proposed road.] On application by petition signed by at least twenty freeholders of each county through which it is proposed to lay out and establish any state road, the board of commissioners of each county shall appoint one disinterested freeholder of their respective counties as a com- missioner to act with other commissioners so appointed from each county to view and survey the proposed road ; provided, that when said proposed road afifects but two counties the county commissioners of the county in which three-fifths or more of such proposed road is to be located shall appoint two such commissioners to view and survey the same ; provided further, that when such proposed road affects but two counties and the sections of the same in the several counties are approximately equal in length the surveyor or engineer appointed in pursuance of section 4619 herein shall be a third commissioner to view and survey the same. Sec. 4618. [Bonds to be given.] Previous to granting an order on such petition one of the parties in each county interested in the location of the road, shall enter into a bond with two or more re- sponsible freeholders in such county as sureties, to the satisfaction of the county commissioners, payable to the state, and conditioned for the payment of all expenses which may accrue in the location of the road, in case the same should not be established a public highway. Sec. 4619. [Duties of county commissioners.] On the filing of a petition and bond, which shall be at the same session of the commis- sioners in each of the counties interested in the location of the_ road, the commissioners shall issue their order, directing the commissioners by them appointed, to meet at the place of the beginning of the road, on the first Wednesday of the month then next ensuing, and such com- missioners, when met, shall employ a skillful surveyor, chain carriers, a marker, and other assistants, if necessary, and proceed to the dis- charge of the duties of their appointments respectively; and each commissioner, surveyor, and chain carrier shall, before entering on the duties of his appointment, take an oath to discharge his duties faith- fully and according to law. Sec. 4620. [Route of road, etc.] Each road shall be laid out from the place of beginning to the place of termination on the most direct route that suitable ground can be found whereon to establish the same, alwavs having regard to the intermediate points, if any, and all roads established agreeably to the provisions of this chapter shall be opened and considered public highways. Sec 4621. [Duties of road commissioners.] The commissioners appointed to lay out and establish the road, shall cause the same to be correctly surveyed and marked throughout the whole distance of the same and note the courses and distances thereof ; and at the end of each mile 'shall mark the number thereof, on a tree, or a monument erected bv them for that purpose ; and the commissioners and surveyor of each road shall make a certified return of the survey and plat of the whole length of the road, specifving therein the distance the same is laid out in each county, and whether, in their opinion, the public convenience 220 LAWS RELATING TO AGRICULTURE. requires the establishment of the road, or any part thereof; one com- plete copy of which return shall be signed by a majority of the roaQ commissioners and the surveyor, and immediately deposited in ttie commissioners' office in each county in which any part of the road is laid out, and the auditor of the county shall file the same in his office. Sec. 4622. [Notice by advertisement.] If the commissioners re- port in favor of the establishment of the road, the county commis- sioners of the respective uconties shall, at their next session after the filing of the report, order the auditor to cause a notice thereof to be published in some newspaper of general circulation in the county, for four consecutive weeks before the next meeting of the board, notifying all parties interested in the establishment of the same that the com- missioners of the counties will hear parties in favor of or against the establishment of the road, and the application for damages, and com- pensation for lands appropriated, of any person on account of the loca- tion of the road through his lands. Sec. 4623. [Second publication of notice.] All persons who do not make application for compensation or damages at the next regular session of the commissioners, after the publication of such notice, shall be considered and held to have released all claim to damages by reason of the location of the road; and if there be any lands, the owners of which have not granted the right of way, nor filed their application for damages with the county commissioners, the whole case shall be con- tinued to the next regular session of the commissioners, and they shall again order the auditor to cause notice to such owners and all other persons interested, to be published in some newspaper of general cir- culation in the county, for four consecutive weeks before their next meeting, that they will, at such meeting, hear all applications for damages. Sec. 4624. [Appointment of officers to assess damages.] If any person consider himself aggrieved by the location or widening of the road through his premises, he shall file a petition in writing, describ- ing the lands on which he claims damages, with the commissioners of the proper county, at their next regular session after the publication of the notice provided for in the preceding sections ; and the commis- sioners shall appoint a jury of three disinterested freeholders of the county, who, after taking an oath to faithfully and impartially dis- charge the duties imposed upon them by this chapter, shall proceed to view the road the entire distance the same may have been located through the premises of the complainant, and of minors, idiots, lunatics, or insane persons, where the same are known, and assess the compensation to be paid in money for the property sought to be appropriated, without deduction for benefits arising from the location of the road; but the petitioners for the road, or any one of them, may obtain a relinquishment of damages and right of way from any person through whose land the road may be located. Sec. 4625. [Payment of damages.] If the commissioners are satisfied that the amount so assessed and dptermined by the jury afore- said be just and equitable, and that the road or any part thereof will LAWS RELATING TO AGRICULTURE. 221 in their opinion, be of sufficient importance to the pubhc to cause the compensation and damages to be paid by the county, they shall order the same to be paid to the claimant from the county treasury ; but if, ill their opionion, the road is not of sufficient importance to the public, to cause the same to be paid by the county, they may refuse to estab- lish the same a public highway, unless the damages and expenses are paid by the. petitioners ; but if there be no applications for damages, or the damages are paid by the county or petitioners, then and in either case, the commissioners may establish the same a public highway, and order the same to be recorded. Sec. 4626. [Compensation of commissioners, employes, etc.] The following persons required to render services under this chapter, shall receive compensation for each day necessarily employed, as follows, to wit: Commissioners two dollars, chain carriers, markers, and other assistants, one dollar, and surveyors two dollars and fifty cents, per day, .each, to be charged as costs and expenses ; the commissioners to be paid out of the county treasury of their respective counties, on the order of the county auditor; and the fees of the surveyor, marker, chain carriers, and other assistants, shall be equally divided among all the counties interested, and paid out of the county treasury of the respective counties, on the order of the county auditors. Sc. 4627. [Appeals.] An appeal from the final decision of the commissioners, or [on] any application for damages or compensation sustained by the location of any state road, shall be allowed to the pro- bate court of the proper county, if notice of such appeal be given by the appellant during the same session of the commissioners at- which such decision was made, and the appellant shall, within ten days there- after, enter into bond with good and sufficient surety, to be approved by the county auditor, for the payment of all costs and expenses, aris- ing from, or in consequence of, such appeal ; and the appellant shall, within five days thereafter, deliver to the probate judge a transcript of the proceedings had before the commissioners. Sec. 4628. [The jury, and its proceedings.] Upon receiving the transcript, the judge shall immediately issue a summons against the obligors in the bond filed under section four thousand six hundred and eighteen which shall be served and returned as other writs of like char- acter ; in such suit the appellant shall be plaintiff and the obligors de- fendants; and upon the return of service, the judge shall cause a jury of twelve men to be selected and returned by the sheriff and clerk as provided by law, and such proceedings and trial may be had before the jury as are provided in chapter four ; and upon return of their verdict to the probate judge, he shall enter the same on record, with the former proceedings, and certify the decision to the county auditor, and the decision made and recorded shall be final, except as hereinafter pro- vided. Sec. 4629. [Costs on appeal.] In all cases of appeal from the final decision of the county commissioners, as provided in section four thousand six hundred and twenty-seven, the appellant shall pay all costs that may accrue in consequence of said appeal, unless the award 222 LAWS RELATING TO AGRICULTURE. rendered by the jury in the probate court shall exceed in amount the award rendered by the jury appointed by the county commissioners. Sec. 4630. [When costs and damages paid by county.] If, upon the reception of the decision obtained in the probate court, the county commissioners shall not deem the road of sufficient importance to cause the expenses incurred and damages assessed in the probate court to be paid by the county, they may refuse to stabHsh the same, unless the parties interested in the location of the road shall pay or cause to be paid, before the opening of the road, to the satisfaction of the connty commissioners, in case the road is established a highway, all expenses incurred and damages assess'ed ; but the commissioners, if in their opin- ion a part only of the road will be of public utility, may record and es- tablish such useful part, and reject the residue, in case it be capable of division. Sec. 4631. [When the road can be established.] If the expense and damages are paid or secured to be paid as aforesaid, or thecommis- sioners direct the same to be paid by the county, then and in either case.they shall enter an order that the road be established a public high- way. Sec. 4632. [Fees and costs.] For services required by sections forty-six hundred and twenty-seven and forty-six hundred and twenty- eight, the officers and other persons, shall each be entitled to tlie same fees as they are entitled to by law for like services in other cases ; the auditors to be paid out of the county treasury, and the judge and others entitled to fees, to be taxed in the bill of costs in the cause in co.urt. Sec. 4633. [How width reduced.] The. county commissioners of any county ,upon notice given in some newspaper of general circula- tion in the county, for four consecutive weeks, and on petition pre- sented to them, signed by at least twelve freeholders of the county, if they deem it just and proper so to do, may reduce the width of any state road, or any part thereof, to any width not less than forty feet, or increase the width of any such road to any width not more than sixty feet, and shall order the county auditor to make a record of the same; but the commissioners shall, previous to making any such order, ap- point three disinterested citizens of the county, to view and rennrt to them.under oath.as to the utility of such proposed change,and also the width which, in their opinion, would be necessary. Sec. 4634. [How road turned, altered, vacated, etc.] Any part of a state road in any county may be turned or altered, or its beginning or true course ascertained, or, where it has become useless or has remained unopened for the term of five years, may be vacated, by the commissioners of such county, and, when it has been injured or de- stroyed, it may be repaired by the township trustees; and proceedings for such purposes shall be had and conducted as provided in like cases for county roads. Sec. 4635. [Alterations in state roads established.] That all alterations of state roads heretofore or hereafter made and established, LAWS RELATING TO AGRICULTURE. 223 shall form a part of said road, and so much of the original road as lies vaae?" ^"'""^^ ^^ '^^"'^'' ^^^ alterations intersect shall be and remain Sec. 4636. [Vacation by non-user.] Any state road or part of such road which has heretofore been authorized, which remains un- opened for public use for the space of ten years, shall be vacated, and the authority for opening revoked for non-user. COUNTY ROADS. Sec. 4637. [Width of county roads.] All county roads hereafter laid out and established shall not be less than thirty nor more than sixty feet wide, to be determined by the viewers as hereinafter pro- vided, except that when the road is upon the state line, the county commissioners may determine the width not less than fifteen nor more than thirty feet of the land to be taken in this state. [Hamilton county.] And provided, furrther, that in any case where, in any county containing a city of the first grade of the first class, a steam or electric road has been or may be established on and along any county road or state road under the control or supervision of the county commissioners, the county commissioners may deter- mine the width of the whole, or any part of said road over which said railroad passes.or may pass,not exceeding eighty feet ; but in all such cases the damages assessed by the viewers, on account of the estab- lishing or widening of such road, as provided by law in chapter 2, title 7 of the Revised Statutes of Ohio, unless voluntarily paid shall be duly assessed upon the property abutting upon the road or part of road so established or widened, by the front foot ; the same to be done and collected in three annual installments, as provided by law, govern- ing assessments by municipal corporations. Sec. 4637-1. [County roads; power of commissioners.] On a petition therefor signed by the owners of at least a majority of the foot frontage on any county road or part thereof, heretofore established or hereafter to be established, the county commissioners may do any one or more of the following acts or things : a. Cause the county surveyor to establish a grade along said road, or part thereof, subject to the approval of said commissioners. b. Cause said road or part thereof to be widened, altered or estab- lished to a greater width than sixty feet and not more than one hun- dred feet, to be determined by the viewers as provided in this chapter. c. Grade, drain, curb, pave and improve said road, or part thereof, proceeding in the making of the same in the manner prescribed in sec- tion 2824a of the Revised Statutes. Sec. 4637-2. [Damages, costs, and expenses; how paid.] The county commissioners may assess the damages on account of the wid- ening, altering or establishing of said road or part thereof, also the costs and expenses of any or all of said improvements or such part of said damages, costs and expenses as they may deem equitable under 224 LAWS RELATING TO AGRICULTURE. the circumstances upon the taxable property abutting upon such road or part thereof, either according to the foot frontage or according to the benefits, or the county commissioners may enter into an agree- ment with the board of township trustees of any township wherein any state or county road improvernent is contemplated whereby said boards may each pay such a proportion of said improvements as may be agreed upon by the county commissioners and the township trus- tees of the township in which said improvement is to be made. The county commissioners are hereby created an assessing board for the purpose of assessing the damages, costs and expenses, as herein set forth, upon the abutting property as aforesaid. Sec. 4637-3. [Part of expense may be paid from county treas- ury or improvement fund.] The commissioners may order such part of the damages, cost and expense of such improvement as they may deem equitable, to be paid out of the county treasury, or out of any state and county road improvement fund. Sec. 4637-4. [Notice of assessments.] Before adopting the as- sessments so made, the county commissioners shall publish notice for three weeks consecutively, in some newspaper of general circulation in the county, that such assessments have been made, and that the same are on file in the office of the county commissioners for the in- spection and examination of the persons interested therein. Sec. 4637-5. [Filing of objections to assessments.] If any per- son objects to the assessment he shall file his objections in writing with the board of county commissioners within two weeks after the expiration of the said notice, and thereupon the board shall appoint three disinterested freeholders of the county to act as an equalizing board. Sec. 4637-6. [Hearings by equalizing board.] Upon a day ap- pointed by the .commissioners for that purpose, such equalizing board, after taking an oath before a proper officer honestly and impartially to discharge their duties, shall hear and determine all objections to the assessment, and equalize the same as they may think proper, which equalized assessment they shall report to the board of county commis- sioners, which shall have power to confirm the same or set it aside and cause a new assessment to be made, and appoint a new equalizing board possessing the same qualifications, which shall proceed in the manner above provided. Sec. 4637-7. [Confirmation of assessments.] When the assess- ment is confirmed by the county commissioners it shall be complete and final; provided that whenever by any of the provisions of this act any act or thing is required to be done by the county commissioners the concurrence of two-thirds of said county commissioners shall be deemed sufficient. Sec. 4637-8. [Assessment upon real estate subject to life es- tate.] When such [an] assessment is made upon real estate subject to a life estate, the provisions of section 2268 of the Revised Statutes shall apply. s LAWS KICLATING TO AGRICULTURIC. ^25 madfThafMi"^;.,-K°H'K*'°.'! °^ assessments.] The assessment so made sha 1 be ceitified by the commissioners to the auditor of the property, which shall thereupon become a lien upon such property and the same shall be collected as other taxes, in not to exceed ten annual installments. Said commissioners may, after the amount of one installment has been paid, in anticipation of the collection of the balance of such assessment, borrow a sum of money sufficient to pa^ the balance of the whole of the estimated cost and expenses of the improvement, and shall have authority to issue and sell negotiable notes or bonds bearing a rate of interest not to exceed five per cent, per annum. In which event said commissioners shall cause the damages to be paid at once, also the improvement to be made at once, and may add interest at the rate of not to exceed five per cent, per annum to all unpaid installments and colic-*- the same together with the assessment. Sec. 4637-10. [Land not to be taken until damages are paid.] The county commissioners shall not take possession of any land ap- propriated for the puropse of a county road until the damages assessed for the same shall be paid. " , [Abandonment of appropriation proceedings.] And they may abandon any proceedings for the appropriation of land for road pur- poses upon the payment of the defendant's costs, expenses and attor- ney fees as found by the court. [Damages not to be paid until assessments are collected.] And in all cases where the county commissioners decide to collect said damages by assessing the same on abutting property, they shall not be required to pay such damages until the same are collected by assess- ment. [Effect of failure to certify assessments.] But the failure of the county commissioners to so certify an assessment for such damages to the county auditor to be placed upon the tax duplicate in such install- ments as they may determine upon so that one installment may be placed upon the first duplicate made up after the determination of the entire amount thereof, shall be considered as an abandonment of the property, rights and interests so appropriated. Sec. 4637-11. [Provisions of statutes which shall apply; right of appeal.] All the provisions of title 7, chapter 2, and of title 13, chapter 5, of t e Revised Statutes, so far as the same are not incon- sistent herewiti shall apply to all levies made and to all roads estab- lished, widened u" altered and improved under the provisions of this act, and the san.c right to appeal to the probate court as now exists under the provisions of title 7, chapter 4, of the Revised Statutes is reserved. 15— F. H. B. 226 LAWS RELATING TO AGRICULTURE. Sec. 4637^. [Widening and alteration of roads in Lorain county.] That in any county having at the last federal census, a population 01 not less than 40,295, nor more than 40,298, the commissioners may cause to be widened or altered not to exceed the width of eighty teet such county roads or parts thereof as may heretofore have been estab- lished, and upon the petition of the owners of a majority of the toot frontage along any county road, the county commissioners shall direct the county surveyor to establish a grade along such road, or any part thereof, subject to the approval of said commissioners; provided, how- ever, that the petitioners therefor shall represent not less than one- half mile of the foot frontage of said road. Sec. 4637/fe-i. [Assessment of compensation and damages.] In all cases where the county roads may hereafter be established, widened or altered by virtue of this action, the county commissioners who are hereby created an assessing'board for the purpose of assessing the cost and expense as set forth herein, may, instead of requiring the com- pensation and damages for the land taken and expense of grading and draining said road to be paid in whole or in part out of the county treasury or by the petitioners, as provided in section 4651 of the Re- vised Statutes, assess the same or such part thereof as they may deem equitable under the circumstances, upon the lots or lands abutting upon the said improvement and upon lots and lands benefited thereby and in making such assessments regard must be had as far as practica- ble to the benefits conferred upon the property assessed. Sec. 4637^-2. [Collection of assessments.] The assessments so made shall be certified by the commissioners to the auditor of the county, who shall place the same on the tax list against such tax- able property, which shall thereupon become a lien upon such property, and the same shall be collected as other taxes in not to exceed five an- nual installments ; provided, that said county commissioners may, in anticipation of the collection of such assessments, cause the whole of such compensation, damage and expense to be paid at once out of the county treasury to the parties entitled thereto, in which case interest at the rate of five per cent, per annum may be added to all the unpaid in- stallments and collected therewith. Sec. 4637^74. [Compensation, etc., may be paid out of county treasury.] The commissioners may order such part of the compensa- tion, damages and cost as they may deem equitable, to be paid out of the county treasury. Sec. 4637^-5. [Publication of assessments.] Before adopting the assessments so made, the county commissioners shall publish notices for three weeks consecutively, in some newspaper of general circula- tion in the county, that such assessments have been made, and that the same is [are] on file in the office of the county commissioners for the inspection and examination of persons interested therein. Sec. 4637^-6. [Obiection to assessments.] If any person objects to the assessment, he shall file his objection in writing with the board of county commissioners within two weeks after the expiration of the said notice, and thereupon the board shall appoint three disinterested freeholders of the county to act as an equalizing board. r.AWS RELATING TO AGRICULTURE. 227 Sec. 4637^-7. [Hearing objections.] On a day appointed by the ni ^h.ll ^P T", honestly and impartially to discharge their du- em!;,W i ■ ^""^ dfermme all objections to the assessment and ment fl. ^'^^ ^^f ^ ^^ ^^^^ '"^y thmk proper, which equalized assess- ment they shall report to the board of county commissioners, which shall have the power to confirm the same, or set it aside and cause a new_ assessment to be made, and appoint a new equalizing board pos- sessmg the same qualification, which shall proceed in the manner above provided. Sec. 4637^-8. [Confirmation of assessments.] When the assess- ment IS confirmed by the county -commissioners it shall be complete and final; provided, that whenever by any of the provisions of this act any act or thing is required to be done by the county commissioners, the concurrence of two-thirds of said county commissioners shall be deemed sufficient. Sec. 4637^-9. [Application of existing statutes.] All of the pro- visions of title 7, chapter 2, of the Revised Statutes, so far as the same are not inconsistent herewith, shall apply to all roads estabhshed, widened or altered under the provisions of this act, and the same right to appeal to the probate court as now exists under the provisions of title 7, chapter 4, of the Revised Statutes, is reserved. Sec. 4638. [The petition and bond.] Applications for laying out, altering,_ changing the width of, or vacating any county road shall be by petition to the county commissioners, signed by at least twelve freeholders of the county residing in the vicinity where the road is to be laid out, viewed or reviewed, altered or vacated, and one or more of the signers to any such petition shall enter into bond with sufficient surety, payable to the state for the use of the county, conditioned that the persons making such application shall pay into the treasury of the county £he amount of all costs and expenses accruing thereon in case the application shall fail ; and in case the application shall not fail, the commissioners may, in their discretion, order the petitioners to pay any or all costs and expenses of such application, or may pay all or any portion thereof out of the county treasury. Sec. 4639. [Judgment for costs, and suit on bond.] When the commissioners make such an order, and the petitioners fail, neglect, or refuse to pay the costs and expenses, the persons signing the bond shall be liable thereon for the full amount of all costs and expenses of the application, and the auditor of the county shall deliver the bond to the prosecuting attorney, who shall collect and pay the same to the county treasurer; and in all cases of contest the court having jurisdic- tion of the case shall have full power to render judgment for costs ac- cording to justice between the parties. Sec. 4640. [What petition to contain.] Petitions for laying out, vacating, or altering a county road shall specify the place of beginning, the intermediate points, if any, and the place of termination of the road, or part proposed to be altered or vacated. 228 LAWS RELATING TO AGRICULTURE. Sec. 4641. [Notice of application.] Previous to any such peti- tion being presented, notice thereof shall be given by advertisement set up at the auditor's office, and in three public places in each township through which any part of the road is to be laid out, altered, or vacated, at least thirty days previous to the meeting of the commissioners at which the petition shall be presented ; and stating the time vvhen such petition is to be presented; and the substance thereof shall be pub- lished for four consecutive weeks before the presentation of any such peti- tion, in some newspaper, published in the county in which the road sought to be established, altered, or vacated by such petition is situ- ated, if there be a newspaper therein. Sec. 4642. [Appointment of viewers.] On the presentation of the petition, if the commissioners are satisfied that notice has been given as aforesaid, they shall appoint three disinterested freeholders of the county as viewers, -who shall also be a jury to assess and determine the compensation to be paid in money for the properties sought to be appropriated, without deduction for benefit to any property of the own- er, and to assess and determine how much less valuable, if any, the land or premises from which such appropriation may be taken, will be ren- dered by the opening and construction of the road, and the county surveyor to survey the same. [Commissioners to issue order to viewers.] And shall issue an order directing the viewers, with the county surveyor, to proceed on a day to be named in the order, or on their failing to meet on that day, within five days thereafter, to view, survey, and lay out or alter said road, and determine whether the public convenience requires that such road or any part thereof shall be sixty feet in width, or whether a less width than sixty [feet] will as well promote the public convenience, and report the width, in their opinion, the same shall be established and opened. Sec. 4643. [When road viewers fail to perform duty a ne.w order may issue.] If the viewers fail to proceed on the day named in the order, or within five days thereafter, so that said duty shall not be per- formed and reported to the commissioner at their regular or special session next after such order was made, the commissioners may at such next regular or special session issue a new order and appoint new viewers, who shall be by such order required to perform the same duties as required of said original viewers under the original order, or the commissioners may make such other order in the premises as to them may seem proper. Sec. 4644. [If viewer fail to attend, how another appointed.] If a person apointed as viewer or reviewer on any road by the com- missioners or probate judge of the county fail to attend at the place specified in the order at or before ten o'clock a. m. of the day in the order specified, the survevor and two viewers shall fill the vacancy by appointing a judicious, disinterested freeholder of the county, and in case of a review when five viewers are required, the survevor and not less than three of tlie viewers may appoint a judicious freeholder of the county to fill the vacancy, who shall be required to take the same oath and be vested with the same power to do and perform the same duties as if he had been appointed by the commissioners or probate judge of the county. t.AWS RELATING TO AGRICULTURE. 2i!'.l Sec. 4645. [iSiodce to land-owners.] The principal petitioner, or the county auditor, shall give at least six days' notice, in writing, to the owner, or his agent, if residing within the county, or, if such owner be a minor, idiot, or insane person, to the guardian of such person, if a resident of the county, through whose land the road is proposed to be laid out and established, or through whose land the road which it is proposed to alter or vacate may have been previously established, and also six days' notice to the viewers and surveyor, named in the order of the commissioners, of the time and place of meeting, as speci- fied in the order, and of the day by which claims for compensation must be filed ; and the county auditor, if the road is proposed to be laid out, altered, or vacated on any lands owned by a non-resident of the county, shall cause a notice to such non-resident to-be published, for four consecutive weeks, in some newspaper published in such county; but if there be-no newspaper published therein, then in some newspaper in an adjoining county to that in which the lands sought to be affected by the road are situated, which notice shall state the time and place of the meeting of the viewers and surveyor, as specified in the order of the commissioners, and also the substance of the petition. Sec. 4646. [Duties of viewers.] The viewers and surveyor shall meet at the time and place specified in the order of the commissioners, and after taking 'on oath faithfully and impartially to discharge the duties of their appointments respectively, shall take to their assistance two suitable persons as chain-carriers and one marker, and proceed to view, survey, and lay out or alter the road as prayed for in the peti- tion, or as near the same as in their opinion a good road can be made at reasonable expense, taking into consideration the utility, conven- ience, inconvenience, and expense which will result to individuals, as well as to the public, if such road or any part thereof is established and opened, or altered; and also, as a jury, discharge the duties re- quired of them in section forty-six hundred and forty-two, and assess and determine the damages sustained by any person through whose premises the road is proposed to be established, altered, or vacated. Sec. 4647. [When compensation and damages not to be assessed.] But the viewers shall not be required to assess or award damages or compensation to any person except minors, idiots, or lunatics, in conse- quence of the opening of the road, unless the owner or his agent, hav- ing notice as provided in section forty-six hundred and forty-five of the application and proceedings by which his property is sought to be appropriated or may be injured, shall have filed a written application with the viewers, giving a description of the premises on which dam- ages or compensation is claimed ; and all applications for damages shall be barred unless they be presented as provided for by this chapter. Sec. 4648. [Who may administer oath.] When an oath is re- quired to be taken by any person under the provisions of this chapter, the same may be administered by the surveyor, or by one of the view- ers or reviewers, who has been previously sworn. Sec. 4649. [Duties of surveyor, etc.] The surveyor shall sur- vey the road, under the direction of the viewers, and cause the same to be conspicuouslv marked throughout, noting the courses and dis- tances, and at the end of each mile shall cause the number of the same, and also the commencement and termination of the road or survey, to be marked on a tree, or monument erected for that purpose, and shall 230 LAWS RELATING TO AGRICULTURE. make and deliver to one of the viewers, without delay, a correct certi- fied return of the survey of the road, and a plat of the same ; and tne viewers shall make and sign a report in writing, stating their opinion in favor of or against the establishment or alteration of the road, or any part thereof, and set forth the reasons of the same, which report, to- gether with the plat and survey of the road, or alteration, shall be de- livered to the county auditor by one of the viewers, on or before ttie first day of the session of the commissioners then next ensuing. Sec. 4650. [Duties of commissioners on report of view.] The commissioners, on receiving the report of the viewers, shall cause the same to be 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, shall 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 shall issue their order to the trustees of the proper township or townships, direct- ing 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 commis- sioners, the same is unnecessary, no further proceedings shall be had thereon, and the obligors, in the bond securing the expenses, shall be liable for the full amount of such costs and expenses. Sec. 4651. [Report and payment of damages accruing from open- ing of county roads.] The viewers shall, at the time they make their report of the view, also make a separate report, in writing, stating the amount of damage [s], if any, and to whom by them assessed, which would accrue by the opening of the road; and they shall also file the written application on which such assessments have been made, with the county auditor, and the commissioners shall cause such report to be publiclv read on the third day of the session at which it was received, and if no petition for review or alteration has been presented and re- ceived, and they shall be satisfied that the amount so assessed and de- termined is just and equitable, and that the road will be of sufficient importance to the public to cause the damages which have been as- sessed to be paid by the county, they shall order the same to be paid to the applicants from the county treasury ; but if in their opinion the road is not of sufficient importance to the public to cause the same to be paid by the county, they may refuse to establish the same a public highway unless the damages which have been assessed are paid by the petitioners ; or they may, in their discretion, order a portion of such damages to be paid out of the county treasury, and require the peti- tioners to pay the remainder thereof, before. such roads are opened ; but if application by petition shall have been made for review or alteration, then no further proceedings shall be had on the report till the final de- termination of the commissioners on such application. Sec. 4651a. [Review; amended report.] No report of viewers shall ever be set aside by the commissioners for any irregularity which does not materially affect the substantial rights of some interested party, and where a report is set aside for any such material irregiilarity the commissioners may appoint the same or other viewers, and the proceeding shall recommence at the point provided for by section four LAWS RELATING TO AGRICULTURE. 231 thousand six hundred and forty-two, and proceed as before. Provided, that where it is practicable in the judgment of the commissioners the viewers may be sent back at any time before their report is finally acted upon by the commissioners, to supply or amend any omission or irreg- ularity m their work or report as originally reported, and the amended report shall when finished be redelivered to the county auditor to be dealt with as in the case of an original report. Sec. 4652. [Application for and proceedings on review.] After the viewers have made return in favor of "the road, and before the re- turn is recorded and the road established, any citizen of the county may apply to the commissioners for a review of the road, by petition, agree- ably to section forty-six hundred and thirty-eight, and the commission- ersshall, on such petition being presented, and being satisfied the same is just and reasonable, appoint five disinterested freeholders of the county to review the' road, and issue their order to the reviewers, direct- ing them to meet at a time to be specified in the order, or within five days thereafter; and the petitioners for review shall cause at least six days' notice to be given to the principal petitioner for the road, of the time and place of the meeting of the reviewers; and the reviewers shall meet, and after taking the oath required in section forty-six hun- dred and forty-six, shall proceed to examine the route surveyed for the road by the former viewers, and make a report in writing to the com- missioners, stating -their opinion in favor of or against the establish- ment of the road, or any part thereof, and their reasons for the same. Sec. 4653. [Proceedings on report of reviewers.] If the report of the reviewers be in favor of the road, the same shall be established, recorded, and opened, agreeably to the provisions of this chapter, and the persons bound for the same shall pay into the county treasury the amount of the costs of such review; but if the report be against the establishment of such road, no further proceedings shall be had there- on before the commissioners, and the persons executing the first bond shall pay into the county treasury the costs and expenses of the view, survey, and review. Sec. 4654. [To find the line of a road.] When the place of be- ginning or true course of any state or county road, or any public high- way not within the limits of any municipal corporation shall be uncer- tain by reason of the removal of any monument or marked tree, by which such road was originally designated, or from any other cause, the county commissioners of the proper county may appoint three dis- interested landholders of the county to review and find the line of the road, and if they deem it necessary, a competent surveyor to surveythe same, and the reviewers and surveyor, after taking the oath required in section forty-six hundred and forty-six (4646), shall view and sur- vey said road, and the same correctly mark throughout as in case of new roads and shall make a return of the survey and plat of the road to the commissioners, who shall cause the same to be recorded as in other cases. [Establishment by judicial proceedings.] When such viewers are unable to ascertain the boundry lines of such road or highway with cer- tainty, the commissioners of the county may commence and prosecute a civil' action in the courts of justice against any or all owners of land that abut upon said highway, to ascertain and have the boundaries of '■ihZ LAWS RELATING TO AGRICULTURE. such road or highway judicially established in one action, and thence- forth such road or highway so surveyed, or its boundaries judicially estabHshed as aforesaid, shall to tlie full limits of such boundaries be a public highway. Section 4655. [Application to turn road.] If any person through whose land a county road is, or may be established, shall be desirous of turning the road through any other part of his land, he may, by notice and petition, agreeably to the provisions of this chapter, ap- ply to the commissioners of the county while in session, to permit him to turn the road through any other part of his land, on as good ground, and without increasing the distance to the injury of the pub- lic; and upon the receipt of such petition, the commissioners shall ap- point a surveyor, and three disinterested freeholders of the county, as viewers of the road, who shall proceed to view and survey the ground over which the same is proposed to be turned, and ascertain the dis- tance which it will be increased by such proposed alteration and make a report, in writing, stating the several distances so found, together with their opinion as to the utility of making the alteration. Sec. 4656. [Application to change county road; proceedings on report of viewers.] If the freeholders report to the commissioners that the prayer of the petitioner is reasonable, and that the alteration will not place the road on worse ground, or increase. the distance to the injury of the public, they shall upon receiving satisfactory evidence that the proposed new road has been opened a legal width, and in all respects made equal to the old road for the convenience of travelers, and if in their opinion the same will be just and reasonable, declare such new road a public highway, and make record thereof, and at the same time vacate so much of the old road as is rendered necessary [unnecessary] by the new; and the person desiring the alteration shall pay all the costs of the new survey, and return, unless the commis- sioners are satisfied that the alteration is of sufficient advantage to the public to cause the same to be paid by the county. And provided that any appeal heretofore or hereafter taken, remaining imperfected or not prosecuted to a hearing for two years after the giving of the appeal bond, shall be dismissed, and the county commissioners shall jiroceed under their order as though no appeal had been taken there- from. Sec. 4657. [Application for road on county line.] When it be- comes necessary to establish a road on a county line, the inhabitants along such line may petition the commissioners of their respective counties for a view of such road, in the manner provided in this chap- ter; and the commissioners of each of the counties interested, shall ap- point two discreet landholders as viewers, who, or a majorit)' of them, shall meet at the time and place named in the order of the commis- sioners of the oldest county interested, who shall appoint a surveyor ; and the viewers and surveyor shall also be a jury for the assessment of damages, and shall, in all respects, be governed l^y the preceding- sections of this chapter, and shall make their report in writing for or against such road to the commissioners of the counties concerned ■ and the commissioners, upon receiving such report, shall, in all re- spects, be governed by this chapter. Sec. 4658. [Proceedings on viewers' report.] If, on receiving such report, there is no legal objection thereto, and the commissioners LAWS RELATING TO AGRICULTURE. :>3;i of all the counties interested ar- of opinion that such road, if opened, would be of public utility, they shall order the same to be opened in the manner pointed out by this chapter. Sec. 4659. [How width of road on state line determined.] The commissioners of any county through which a county road has been established upon a line of the state, may, upon petition and notice as hereinbefore provided, determine the width, not less than fifteen nor more than thirty feet, of the land within the county to be used for the road. Sec. 4661. [Application for vacation.] When a county road, or part of a county road is considered useless, or has remained unopened for the term of five years, and twelve freeholders residing in that part of the county where such road is established, may make application, agreeably to the provisions of this chapter, to the commissioners of the county, to vacate the same, setting forth in the petition the reasons why the road ought to be vacated, which shall be presented and pub- licly read at a regular session of the commissioners, and no other pro- ceedings shall be had thereon until the next session of the commission- ers, when it shall again be read; and if no objection be made, the commissioners may declare vacated the road, or any part thereof which they may deem unnecessary to keep open for public con- venience. Sec. 4662. [Appointment and report of viewers.] If objection be made in writing to such vacation, the commissioners shall appoint three disinterested persons to view the road, who shall take the same oath as required by section forty-six hundred and forty-six and pro- ceed to view the road, and make report of their opinion thereon, and the reasons for the same, to the commissioners ; and if the viewers re- port in favor of vacating the road, or any part thereof, the commission- ers may, if they deem it reasonable and just, declare the road va- cated, agreeably to the report of the viewers. Sec. 4663. [Penalties against viewers and surveyor.] If a per- son appointed by the county commissioners as a viewer, reviewer, or surveyor of any road, refuse or neglect to perform the duties required by this chapter, without making satisfactory excuse for such refusal or neglect, he shall 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 ap- pointed, and refusing or neglecting, may reside; and the recovery shall be paid without delay, by the justice of the peace or constable collect- ing the same, to the treasurer of the township, taking his receipt there- for; and the trustees shall cause all fines which shall be paid into the township treasury, under the provisions of this chapter, to be ex- pended on roads and bridges within their townships. Sec! 4664. [Fees of viewers, markers, etc.] All persons required to render srvices under this chapter shall receive compensation for each day they are necessarily employed, as follows, to-wit ; viewers and reviewers, one dollar and fifty cents : chain-carriers and markers, one dollar each ; and surveyor, five dollars ; to be charged as costs and expenses, and paid out of the county treasury, on the order of the county auditor. 234 LAWS RELATING TO AGRICULTURE. Sec. 4665. [Repair of roads washed out.] When a county road is injured or destroyed by the washing of any lake, river, or creek, or by any washing or sHding of land occasioned by natural drainage, the trustees of the township in which such injury or loss of road has oc- curred, upon petition of any six freeholders of the township, shall call to their aid a competent surveyor, and proceed to examine such road; and if, upon such examination, the trustees, or a majority of them, are satisfied that such road has been destroyed, or so much injured that the public good requires an alteration of the same, they shall proceed to alter and lay out so much of the new road as may supply the several parts of the road thus destroyed or injured. Sec. 4666. [Application for damages, and proceedings thereon.] If a person through whose lands any such alteration or new road is laid out, feels injured thereby, he shall make application to the trustees, at the time of making the alteration on his premises, to assess and de- termine, according to the provisions of this chapter, the compensation to be made in money for the property sought to be appropriated, and how much less valuable, if any, the premises will be rendered by the alteration of the road ; and the trustees and surveyor shall make a re- port of their doings in the manner pointed out as to the duty of viewers and surveyors in case of new roads ; and the auditor and commissioners of the proper county shall be governed in the reception and recording of such report in all respects as is prescribed in this chapter in cases of new roads. Sec. 4667. [Fees under the last two sections.] The surveyors and trustees shall receive for each day they are necessarily employed under the provisions of the two preceding sections, the same compen- sation allowed to surveyors and viewers in cases of new roads, the sur- veyor to be paid out of the county treasury, on the order of the county auditor, and the trustees out of the township treasury, on the order of the township clerk. Sec. 4668. [Roads vacated when unopened for seven years.] Whenever, after the lapse of two years from the date of an order establishing a county road, the same or any part thereof remains un- opened; and a petition setting forth such facts is presented to the county commissioners, signed by three or more of the original peti- tioners, or freeholders, resident along the line of said road, the county commissioners may in their discretion cause said road, or part thereof, to be opened by contract, but any county road, or part thereof, which has heretofore or may hereafter be authorized, which remains unopened for public use for the period of seven years after the order establishing said road is made or authority granted for opening the same, shall be, and the same is hereby vacated, and the authority granted for erecting the same barred by lapse of time. Sec. 4669. [Alterations become part of road; parts vacated.] All alterations of county roads heretofore made and established, or which shall hereafter be made and established, shall be and remain part of such roads ; and so much of the original roads as is rendered un- necessary by such alterations in the opinion' of the viewers and county commissioners shall be and remain vacated. LAWS RELATING TO AGRICULTURE. 235 Sec. 4670. [Commissioners must mark line of road by stone monuments.] fhc count)' commissioners shall cause stone monu- ments to be placed at the beginning, intermediate points, and termina- tion of all roads laid out and established under the provisions of this chapter, and said monuments shall be noted in their record of roads. Sec. 4670-1. [Cuyahoga county additional road levy.] In counties containing a city of the second grade of the first class, the commissioneers, at their March or June session "annually, in addition to the levy authorized for road and bridge purposes by section 2824 of the Revised Statutes, shall levy on each dollar of valuation of taxa- ble property within said county, five-tenths of a mill ; and in addition thereto, on each dollar of valuation of taxable property within the townships outside of the cities and incorporated villages, which town- ships outside of the cities and incorporated villages are hereby made a taxing district for that purpose, one mill for the creation of a fund to be known as the state and county road improvement fund, and to be used for the improvment of state and county roads outside of such municipal corporations. Sec. 4670-2. [Improvement of such roads.] The county com- missioners of such counties shall have power to improve any such state or county road or any part thereof, by straightening or altering the same, and by grading, paving with steel rails, stone or brick or other suitable material, or a combination of any or all these materials, graveling, planking or macadamizing the same and shall use the funds hereinbefore created for that purpose. Sec. 4670-3. [Purchase of road.] The commissioners of such county may purchase any turnpike or plank toll-road, or any part thereof, lying within such county, at a price that may be agreed upon by them and the owners of such turnpike or plank road ; and in case they are unable to agree with the owners thereof, upon such purchase and sale, they may appropriate the same ; and for this purpose they shall cause an accurate survey and profile of such turnpike or plank road to be made, and shall file the same with the probate judge or court of common pleas of the county, and thereupon the same pro- ceedings shall be had as are now provided by law for the appropriation of private property by municipal corporations ; and upon payment of the agreed price, or, payment into court of the compensation assessed, the right to charge or collect toll shall thereupon cease, and the com- missioners shall use the fund created by section one (i) [§(4670-1)] of said act for that purpose. Sec. 4670-4. [Assessment.] When the commissioners make an appropriation of any turnpike or plank road as specified in the last preceding section, and fail to pay for the same within three months after the assessment of compensation shall have been made, as in said section provided, the right of the commissioners to make such appro- priation on the terms of the assessment so made, shall cease and determine ; and the turnpike or plank road so appropriated shall be relieved from all incumbrance on account of the proceedings in such case, and the judgment or order of the court, directing such award or assessment to be paid, shall cease to be of any effect, except as to the costs assessed against the commissioners. 28(1 LAWS RELATING TO AGRICULTURE. Sec. 4670-5. [Engineer; bond; surveys, "etc.; compensation.] When the commissioners determine to make any such improvement they shall employ a competent engineer to superintend the perform- ance and completion of said work, who shall enter into a good and sufficient bond in a sum not less than one thousand dollars, to be ap- proved by the county commissioners, conditioned for the faithful per- formance of his duties hereunder. The engineer shall make all neces- sary surveys, profiles, estimates and specifications, and submit the same to the commissioners of said county for their approval, and the same shall be filed and preserved in their office. He shall receive such compensation for his services as is fixed by law for the compensation of the county surveyor for like services in other cases. Sec. 4670-6. [Advertisement.] Upon the approval of said sur- veys, profiles, estimates and specifications the commissioners of said county shall advertise for bids in some newspaper of general circula- tion in the county and shall let the contract for making such im- provement to the lowest and best bidder or bidders, who shall give such reasonable security for the proper performance of their contract within the time and in the manner prescribed therein, as the county commissioners may deem expedient. Act authorizing temporary loans in anticipation of proceeds of above act, see § (2824—1) R. S. Sec. 4670-7. [Improvement of certain public roads.] That in any county in [of] this state having not less than two hundred and twenty- five miles of improved graveled free roads, including any former toll- roads, where there is an unimproved county road or part thereof, not exceeding three miles in length, connecting two improved graded pub- lic roads or an improved part of one such public road with another such improved road or part thereof, such unimproved county road or- part thereof may be improved by grading, graveling, draining and bridging, or by any of such operations, by the commissioners of such county in the manner provided in this act. Sec. 4670-8. [Petition; appointment of viewers; duties.] When- ever twenty or more landholders from three or more townships of any such county file with the commissioners thereof a petition for such improvement, naming the road or part thereof to be so improved, with its termini, said commissioners shall appoint three disinterested and judicious freeholders of the county as viewers of such road, Avho shall, after being duly sworn faithfully to perforin their duties, secure a surveyor and proceed to view said road and ascertain the character and dimensions of the improvements which, in their judgment, should be made, make a careful estimate of the cost thereof, and make due return with proper detail drawings of the same to said commissioners. Sec. 4670-9. [Finding for improvement.] On such return of said viewers being made, said commissioners shall deterhiine whether the proposed improvement, in their judgment, is of such a nature and general benefit as should in fairness be paid [for] out of the county treasury, taking into consideration the benefits that such localitv has ' '" ■ ■ :.\(", TO AGRICULTURE. 237 derived from the bridge and other general funds of the county, in com- parison with other portions thereof ; and if they are of the opinion that such improvement should be made, they shall so declare by resolu- tion. And thereupon they shall pass upon said report of said viewers as to the character and dimensions of such improvement, which they may modify, but not so as to increase the estimated cost thereof. Sec. 4670-10. [How improvement to be made; appointment of superintendent of work; compensation of superintendent, etc.] On the approval of said report of said viewers, either in its original form or as modified, said commissioners shall cause said improvement to be made under the supervision of a competent and disinterested person appointed by them as a superintendent of work ; such superintendent shall be under their control and direction, and removal [removable] for causeattheir pleasure, and shall receive for his services the sum of two dol- lars per day ; and said viewers each shall receive for their like services a like sum ; and the survej^or shall receive the compensation prescribed by law. Not more than one such improvement shall be made in any county in any period of two years. Sec. 4670-11. [Superintendent to furnish estimates.] Any such improvement shall be advertized, let and paid for, on estimates of the superintendent, approved by said commissioners, as it progresses, as if done under title 7, chapter 7, of the Revised Statutes of Ohio. Sec. 4670-12. [Bonds; tax levy.] Said commissioners may issue and sell, at not less than par, the bonds, of said county in sums of one hundred dollars, or multiples thereof, bearing interest not. exceeding five per cent, per annum, and having not exceeding three years to run, payable principle and interest at the treasury of said county or at such point in the city of New York as may be designated therein, for the amount necessary to cover the cost of such improvement, which shall not exceed three thousand dollars per mile, and shall provide for the payment of such bonds by the necessary levies upon the grand duplicate of said county. Provided such bonds may be paid for out of the bridge fund or general road improvement fund, or both, and the levy for either or both of said funds may be increased above that now provided by law to the amount necessary to meet such expense. Sec. 4670-13. [To what other roads provisions of act shall apply.] The provisions of the foregoing act shall apply to any unim- proved county road which may be located upon or adjacent to any county line, upon condition that all the counties adjoining said road shall be such as are described in the foregoing act. Such road upon pr adjacent to any such county line may be improved under the provis- ions of the foregoing act by the action of the joint board of commis- sioners of the two or more counties adjoining said road. In such case the petition therefor must be signed" by twenty or more landholders from three or more townships of each county interested in said im- provement.. .Upon such petition so signed being filed with the auditor of either county so interested in said improvement, it shall be the duty of said auditor to call a session of the joint boards of commis- sioners of said counties to take action thereon; and the said joint 238 LAWS RELATING TO AGRICULTURE. board shall have full jurisdiction to so construct and improve said road under the provisions of said act. The expenses of said improve- ment shall be apportioned between the counties interested therein [inj such proportion as may be deemed just and equitable by said joint board of commissioners. And each of said boards may issue and sell the bonds of their respective counties, as provided in section six of this act; the said bonds to be issued for a sum sufficient to pay the proportionate share of said costs alotted to each of said counties. Sec. 4670-14. [Petition for improvement of roads; duties of com- missioners thereafter.] That when a majority of the resident owners of any real estate lying and being within one mile of any public road, shall present a petition to the county commissioners of any county in the state of Ohio, asking for [the] grading and improving of a.ny such road, the board of county commissioners shall go upon the line of such road described in such petition, and if in the opinion of the. county commissioners the public utility requires such road to be gradeed and improved, the commissioners shall determine whether the improvement shall be constructed of stone, gravel, or brick, any or all, and they shall determine what part or parts of such road improvement shall be of stone, gravel, or brick, any or all, and shall enter their deter- mination on their journal, and at the same time appoint an engineer to go upon the line of such road and make such markings, gradient lines, plat and profiles and estimates as such commissioners shall order in their entry on their journal, and order that the improvement be made ; and at the same time said commissioners shall order that a portion of the cost and expense thereof, which shall not be less than one-half, nor more than two-thirds, of the total cost and expense thereof, shall be paid out of the proceeds of any levy or levies upon the grand dupli- cate of the county assessed against [which] the taxable property of any township or townships in which such road may be in whole or in part, as authorized by section 5 of this act. And shall also order that the balance of said cost and expense be assessed upon and collected from the owners of the said ral estate, and from the real estate benefited thereby in proportion to the benefit to be derived therefrom by said real estate as determined by said commissioners. Said order shall also state the lands which shall be subject to be assessed for the cost and expense of said improvement, and whether the estimated assess- ment therefor shall be made before the improvement is commenced, or after the same is completed. Sec. 4670-15. [Appointment of engineer.] After making such order for an improvement, the commissioners shall appoint a com- petent engineer to superintend the performance and completion of the work, who shall, under the directions and with the approval of said commissioners prepare and file the necessary plans, plats, profiles and specifications of the work. [Contract to be let to lowest bidder.] After such plans and speci- fications as the commissioners deem necessary are adoped, the work shall be publicly let by the county commissioners to the lowest re- sponsible bidder, who shall enter into bond with sufficient sureties, and in such amount as the commisioners shall approve and determine,' conditioned for the faithful performance of said work. LAWS RELATING TO AGRICULTURE. 239 for nSYe?iwof ^^"'l^'^- ^°^^'' °^ '""'^ ^^"^"g ^1^^" be first published ?en^rnl ntlnl f"^"'.^' '''•'°"'' '^e^spaper printed in the county and of general circulation therein, stating the nature and extent of the work nnfJi r^ ."J^^'"" '^'^ ■?,"/"§^ ^'11 b^ "^=^de; or, if sealed bids are re- quired, when the same will be opened. The commissioners may let the work as a whole, or m convenient sections as they may determine The commissioners may require a bond from each bidder in such sums as they may determine, with sureties to their approval, conditioned that It the contract be awarded on such bid, the bidder will enter into the contract and execute the bond, with approved sureties, for the faithful performance of the contract. The county commissioners may remove the engineer herein provided for at any time, and appoint another in his place. And they may, in their discretion, if in their judgment no reasonable bid is made for said work, refuse to accept any bid so made or to enter into such contract, but re-advertise the same. Sec. 4670-16. [Engineer to make an estimated assessment.] The said commissioners shall either before the said improvement is commenced, or after the same is completed, as they shall have de- termined at the time of ordering the improvement, order said engineer to make, upon actual view, and to report to said commissioners, and estimated assessment of the proportion of the cost and expense afore- said upon the real estate to be charged therewith, or upon such real estate included in the descriptions and boundaries aforesaid, as in his judgment should be assessed, in proportion as nearly as may be to the benefits which may result from such improvement to the real estate so assessed, which assessment shall be filed with the county com- missioners, and kept in the auditor's office for pubHc inspection. [Adoption of report, etc.] Before adopting the assessment so made and reported, the said commissioners shall publish notice for three weeks consecutively, in some newspaper of general circulation in the county, that such assessment has been made and the same is on file in the office of the auditor for inspection ; and if no objections are filed thereto, within one week after the date of the last publication of said notice, the commissioners may confirm the same. [Objections to assessment.]' If the owner of any property as- sessed objects to the assessment so made, he shall file his objections in writing with the said commissioners within one week after the date of the last publication of said notice, and thereupon the commissioners shall appoint three other disinterested freeholders, to act as an equal- izing board, who shall meet at the county auditor's office at a time to be fixed by the county commissioners, with power to adjourn from time to time, who shall hear and determine all objections to said as- sessment, equalize the same, or approve the assessment alreadv made, as they shall deem iust. They shall report their action to said com- missioners, who shall have power to confirm the same, or set the same aside and cause a new equalizing board to be appointed with like powers and qualifications. When said assessment is confirmed by the county commissioners, the same shall be final. The members of said assessing and equalizing board shall, before entering upon their duties, take an oath before a proper officer to faithfully, honestly and 240 LAWS RELATING TO AGRICULTURE. impartially discharge their duties in making or equalizing said as- sessments, and in either case a majority of the board shall have power to determine any question or matter before them. The equalizing board, or any of its members, shall have power to administer oaths to witnesses, and said board shall hear testimony for or against the parties filing exceptions as aforesaid. If any of the real estate to be assessed is subject to a life estate, the a.ssessment made thereon shall be apportioned between the owner of the life estate and the owner of the fee in proportion of the relative value of their respective estates, to be ascertained upon the principles appHcable to life an- nuities. Sec. 4670-17. [Record of proceedings to be kept by auditor.] Said commissioners shall cause to be kept by the county auditor a full record of all the proceedings herein provided for, together with accurate accounts of the receipts and expenditures of money, under the provisions of this act; and all profiles, plats and specifications shall be filed and kept in the office of the county auditor; and no money shall be drawn from the treasury belonging to the fund raised under the provisions of this act, except to pay liabilities already ac- crued, and then only in pursuance of orders caused by the com- missioners while in session as a board, to be entered upon the record of their proceedings, and by order drawn by the county auditor upon the county treasury in favor of the person to whom such money is due. Sec. 4670-18. ["Stone and gravel road building fund."] For the purpose of providing by general taxation a fund out of which not less than one-half nor more than two-thirds of the costs and expenses of all imrpovements made under the provisions of this act can be paid, the commissioners are hereby authorized to levy upon the tax- able property of any township or townships within the county in which such improved road is to be or has been constructed, not ex- ceeding ten mills in any one year upon each dollar of the valuation of the taxable property in such township or townships. And said levy shall be in addition to all other levies authorized by law, notwith- standing any limitation upon the aggregate amount of such levies now in force. The proceeds of the levy or levies hereby authorized to be made, shall be applied and used by the county commissioners in the construction of such stone and gravel roads, as the case may be, and for no other purpose, and these funds shall be expended under the direct orders and supervision of the county commissioners. All the proceeds of such stone and gravel road building levies and of the sale of any bonds under the provisions of this act.shall be placed to the credit of a fund to be called "the stone and gravel road building fund," out of which shall be paid all the costs and expenses of said im- provement, including the expenses of the preliminary view and sur- vey and the fees of the engineer and auditor, but the auditor shall keep a separate account of each different improvement in a book to be kept for that purpose. Sec. 4670-19. [Bonds may be issued.] The commissioners are hereby authorized, whenever in their judgment it is desirable, to sell the bonds of any such county in which such improvement is to be LAWS RELATING TO AGRICULTURE. 241 or has been constructed to any amount necessary to pay, of the costs and expenses of such road improvement the respective shares of such township or townships and of the land owners whose lands therein are benefited by such road improvement, as provided in the preceding section; said bonds to state for what purpose issued, to bear interest at a rate not in excss of five per cent, per annum, payable semi-an- nually, to mature in not more than ten years after their issue, in such amounts and at such times as the commissioners shall determine, but not more than one-fifth of the principal of said bonds shall mature in any one year, and they shall be sold according to law and for not less than par and accrued interest; the proceeds of such bonds to be ap- plied and used exclusively for the payment of the expenses and cost of construction of such stone or gravel road improvement, and the levy for the payment of the principal and interest of such bonds may be in addition to any levy now authorized by law. Sec. 4670-20. [When person signs both petition and remon- strance; costs.] If it appear that any person who signed the petition asking for such road improvement afterwards signed a remonstrance, so that by counting such person remonstrator instead of petitioner the object and prayer of such petition will be defeated, the person who is both petitioner and remonstrator shall be held liable, and shall pay all costs growing out of the presentation of the petition and the proceed- ings had thereon ; and if the costs are not paid within thirty days after the dismissal of further proceedings in the case, the auditor shall tax the costs against such person, and if there is more than one such per- son, the auditor shall apportion the costs among such persons in the proportion of the appraised value of their several lands for taxation that are within one mile of the route on which the impovement was prayed for, and shall place the same on the grand duplicate for collec- tion, to become due and payable at the next December collection of taxes thereafter ; and the same penalties shall attach and the same pro- ceedings shall be had in the collection as in delinquent state and county taxes. AN ACT Supplementary, to an act entitled, "An act to provide for tlie improTement of public roads," O. L. Vol. 94, page 96, to provide for the joint action of county commissioners for the improvement of county and state line roads. Sec I [County roads.] That the following sections be enacted supplementary to an act entitled, "An act to provide for the im- provement of public roads," laws of April 4, 1900, O. L. Vol. 94, page 96, with sections as herein provided. Sec la [Joint action of county commissioners for improvement of county line roads.] When the road proposed to be improved is along the county line between two or more counties of this state, a 16— F. H. B. 242 LAWS RELATING TO AGRICULTURE. copy of the petition certified to by the commissioners of the county in which the original is on file, shall be filed with the commissioners of each of the several counties along the line of which the proposed road is to be improved. The several boards of county commissioners shall go upon the line of such roa^d at a time to be agreed upon by the boards and shall act jointly (in the same manner and form as though they were one and the same board), as provided in section i, of an act to which this act is supplementary, excepting the expense shall be divided between the counties or townships thereof, along which such improvement may be in whole or in part, in the propor-" tion as the distance along such township or county, bears to the whole distance to be so improved. And the amount of expense so fall- ing upon the several counties, or townships thereof, shall be assessed by the commissioners of said counties, separately, in the same manner and form as though the improvment was wholly in one and the sarne township, or county, as provided in section i, of an act to which this act is supplementary. The counting of the signatures on the petition of residence of their respective counties, may be done separately, or jointly, at the will of the joint board. But a majority of all, as pro- vided in section i of an act to which this act is supplementary, shall be sufficient for action thereon. And a majority of the joint board in favor of the improvement, shall be sufficient for the construction of the proposed improvement. Sec. 2a. The county commissioners of each of the several coun- ties along which the proposed road improvement is to be built shall e.ct jointly, in the same manner and form as. provided in-section 2 of an act to which this act is supplementary, excepting, all of the original papers shall be kept on file in the county in which the original petition is on file, and copies thereof certified to by the commissioners of the county in which the original are on file, shall be filed with the com- missioners of each of the other counties along which the proposed road is to be improved. And notice of the letting of the work shall be published in a newspaper printed in each of the counties, in the same manner as provided for such publication in section 2 of an act to which this act is supplementary. Sec. 3a. [How improvement made.] Whenever the proposed road improvement shall extend along the county line between two or more counties of this state, all of the provisions of section 3 of an act to which this act is supplementary, shall apply to each of the several counties along which the road is proposed to be improved, excepting, all of the original papers, and copies thereof, shall be filed in the same manner as provided in section 2a of this act, and shall be kept on £le in the auditor's office as provided in section 3 of an act to which this act is supplementary. The county commissioners of each of the counties shall have power to act separately to determine the amount of assessment, and to decide any objections thereto, on all property lying within their respective counties, in the same manner and form as provided in section 3 of an act to which this act is supplementary. And all objections to the assessment shall be filed with the commis- sioners of the county in which the land lies. LAWS RELATING TO AGRICULTURE. 243 Sec. 4a. [Record of proceedings to be kept by auditor.! The county commissioners of the county in which the original petition is on file shall cause the auditor of said county to keep a complete record ot the proceedings in accordance with section 4 of an act to which this act IS supplementary, excepting of the amount belonging to the other county or counties to pay, only the aggregate amount shall be re- quired to be kept. And copies of all profiles, plats, and specifica- tions, certified to by the commissioners, shall be filed with the com- missioners of each of the other counties along the hne of such pro- posed road improvement, to be kept on file by .the auditor of each of said counties. And the auditor of each of the several counties shall keep an accurate account of the receipts and expenditures of money belonging to their respective counties under the provisions of this act. And no money shall be drawn from the treasury belonging to the funds raised by the provisions of this act except in compliance with the provisions of section 4 of an act to which this act is sup- plementary. Sec. 5a. [Tax levy.] Whenever the proposed road improve- ment_ extends along the county line between two or more counties of this state, the county commissioners of each county, along which such roa,d is proposed to be improved, are hereby authorized to levy a tax for the payment of all costs and expenses belonging to their respective counties under the provisions of section la of this act, and in compliance with the provisions of section 5 of an act to which this act is supplementary. Sec. 6a. [Bonds may be issued.] Whenever the proposed road improvement extends along the county line between two or more counties of this state, the provisions of section 6 of an act to which this act is supplementary, are hereby extended to each of the respect- ive counties along which such road improvement is proposed. And the county commissioners of each of such counties are hereby author- ized to act under, and in compliance with said section 6. Sec. 7a. [When person signs both petition and remonstrance.] Whenever the proposed road improvement extends along the county line, between two or more counties of this state, the provisions of section 7 of an act to which this act is supplementary, are hereby ex- tended to each of the counties along which the road is proposed to be improved. Sec. 8a. [Joint action for improvement of state line roads.] Whenever the proposed road improvement extends along the line between this state and any other state, or states, having just and adequate laws to provide for the payment of such a share of the ex- pense as would fall upon such state or states under the provisions of section i of this act, the county commissioners of any county or counties along which such road is proposed to be improved, are hereby authorized to act jointly with the legally authorized authori- ties of such state or states, in the same manner and form as is pro- vided in this act for county line roads. 244 LAWS RELATING TO AGRICULTURE. Sec. 9. [Siiare of expense to be equitable.] No township or county shall be held for more than its just and equitable share ot expense under the provision of section i of this act, for the improve- ment of either county or state line roads. Passed April 20, 1904. Approved April 23, 1904. TOWNSHIP ROADS. Sec. 4671. [Width of township roads.] All township roads hereafter laid out and established shall not be less than sixteen nor more than sixty feet wide, and the width shall be determined by the viewers, as hereinafter provided. Sec. 4672. [Petition for township road, and notice.] If any person, for the convenience of himself and neighbors, wishes to have a township road laid out from the plantation or dwelling-place of any person, or from any mill or house of public worship, or to any ceme- tery or burial-ground, or to a public road, or from one public road to intersect another, or from any tract of wild land or timber land, or from any stone quarries, coal mines or mineral lands other than pe- troleum or natural gas lands to a railroad or railroad station, or from any railroad station, to a township, county, or state road, or saw-mill, he may petition the trustees of the proper township, after giving thirty days' previous notice thereof, by advertisement posted up in three public places within the township, setting forth therein the time when the petition is to be presented, the place of beginning, in- termediate points, if any, and the place of termination of the road. Sec. 4673. [Petition for township road; bond required.] On such petition being presented to the trustees, a majority of whom shall constitute a quorum for the transaction of all business of which they have jurisdiction, and they being satisfied that proper notice has been given, as aforseaid, they shall cause the petitioner to enter into bond with sufficient surety, payable to the state, for the use of the town- ship, and conditioned that the person or board of education making such application shall pay into the treasury of the township the amount of all costs and expenses accruing thereon in case the appli- cation "shall fail ; and in case the application shall not fail the trustees may, in their discretion, order the petitioner to pay any or all costs and expenses of such application, or may pay all or any portion thereof out of the township treasury. Sec. 4674. [Appointment, and duties of road viewers.] The petition shall be read in open meeting of the trustees, and they being satisfied that such proposed road is necessary, shall appoint three judicious, disinterested landholders of the townshio, who shall con- stitute a jury, and a surveyor, who shall, after taking the oath re- quired by section forty-six hundred and forty-six, take to their assist- ance two chain carriers, and a marker, and proceed, at tlie time di- rected by the trustees, or within three days thereafter, to view the ground along which the road is proposed to be established, and locate the same as near the line named in the petition, as a good road can he LAWS RELATING TO AGRICULTURE. 245 had at a reasonable expense, and determine, according to the provi- ^T\°i ^f';*'°'' f°/^y-^'-'' hundred and forty-tzvo, the 'compensation which shall be paid to the owner of the land through which it is pro- sustdn^° establish the same, and the amount of damage he may Sec. 4675. [Claims for damages.] The provisions of chapter two, as to notice to land-owners, and the manner of claiming compen- sation and damages, shall apply in all apphcations relating to town- ship roads. Sec. 4676. [Report of viewers.] The viewers shall make a report m writing to the trustees, setting forth their opinion in full for or against the establishment of such road, and if in favor of the establishment of the road, the report shall state the width to which it shall be opened, which shall not be less than sixteen nor more than sixty feet, together with a statement of the damages, if any, assessed to each person through whose land the road is proposed to be estab- lished, which report, together with a return and plat of the survey of the road, shall be dposited with the township clerk, who shall notify the trustees thereof. Sec. 4677. [Proceedings of trustees on report of viewers of .township road.] . . The trustees shall, at their next meeting, cause the report to be read, and, if the same be in favor of establishing the road, and the trustees deem it reasonable and just, they being satis- fied that the compensation and damages, if any have been claimed and assessed, are just and equitable, and that the road will be of suffi- cient importance to the public to cause the same to be paid by the township, they shall order the same to be paid to the person or per- sons entitled thereto from the township treasury; but if, in the opinion of said trustees, the road is not of sufficient importance to the public to cause the same to be paid by the township, they may refuse to establish such road unless the compensation and damages which have been allowed and assessed are paid by the petitioner, or said trustees may, in their discretion, order a portion of such compensa- tion and damages to be paid out of the township treasury, and require the petitioner to pay the remainder thereof before such road is opened ; and the trustees shall order the clerk of the township to enter the report on record and issue their order to the petitioners or any of them, or to the proper supervisor where it is made his duty to open such road, to open the road to the width named in the report of the viewers, and the same shall be considered a private or township road, subject to be kept open and in repair at the expense of the applicants for the same, or otherwise as provided by law ; but if the viewers report that the prayer of the petitioners is unreasonable and ought not to be granted, no further proceedings shall be had therein by the trustees ; and all costs accruing under this section shall be paid by the person making application for the road, except as herein provided. Sec. 4678. [Repairs of township roads, and costs.] A township road which commences in a state, turnpike, township, or county road, or at a railroad station, and is not less than thirty feet in width, and 246 LAWS RELATING TO AGRICULTURE. passes on and intersects another state, turnpike, county or township road, shall be opened, and kept in repair by the supervisor in whose district it may be situated, in whole or in part, and the costs of the view and survey of such road shall be paid out of the township treasury. Sec. 4679. [When the road is in two townships.] When the route of a proposed township road is along a dividing line between two townships, or crosses such dividing line, the person intending to apply for the road shall notify the trustees of both townships of his intention and on receiving such notice, the trustees of the two town- ships shall appoint some time and place at which they will meet in joint board; and the time fixed for the meeting shall be so arranged that the applicant will have ample time to give the requisie thirty days' notice, as required in section forty-six hundred and seventy-two, which notice shall be given in both townships, and shall state the time and place of meeting of the joint board of trustees. Sec. 4680. [How joint board to proceed.] The joint board of trustees when so met, shall be governed by the provisions of this chapter, and if they grant a view and survey, they shall appoint a time and place when and where they shall meet to receive the report of the viewers and surveyors; and the proceedings at such meetings shall be recorded in both townships, and in case of an appeal, the ap- pellant shall be governed in all respects by the provisions of the pre- ceding sections, except that he shall be required to enter into bond in both townships in which a part of the road is located. Sec. 4681. [Width of road may be changed.] Township trus- tees of the several townships shall have power to increase or reduce the width of any of the township roads within their respective townships, but the same shall not be widened beyond the maximum limit, or nar- rowed to less than the minimum limit fixed by law for such roads. Sec. 4682. [Proceedings therefor.] Before a township road shall be increased in width as provided in the foregoing section, the same proceedings shall be had, in all respects so far as the same may be applicable, as are herein required for the laying out, opening, and establishing of such township road; and before any township road shall be reduced in width, as provided in the foregoing section, the same proceedings shall be had, in all respects, so far as the same may be applicable, as may be required in regard to the vacation of town- ship roads. Sec. 4683. [Vacation.] When a township road becomes use- less, any one or more residents of the township may, after giving the notice required in section forty-six hundred and seventy-two, petition the trustees to vacate such road, and if the trustees are satisfied that the proper notice has been given, and no injustice will be done there- by, they shall, at their next regular meeting, declare the same vacated, and give notice thereof to the township clerk, who shall enter the same on the records of the township ; but any person in the township feeling aggrieved, shall have a right to appeal from the final decision r.AWS RELATING TO AGRICULTURE. 247 c°iapter foT"' '" "' P™'''' '°'''' '" "^^^ — - - Provided in Sec 4684. [Alteration.] The trustees of any township are au- ?n°n nf ' T"" P'^''°" ^°/-'^'''' P"^P°^^' ^^ ^l^er or change the dire - tion of any township road ni their respective townships, il such man- ner as shall be reasonable and as the public convenienc; may requfre. Sec. 4685 [Proceedings therefor.] Upon application for an alteration or change m any township road, the.same proceedings shall be had by and before such trustees in all respects as required by sec- tion forty-six hundred and seventy-two. Sec. 4686. [Are public highways; Washington township, Pick- away county.] All township roads heretofore or hereafter estab- lished are hereby declared to be public highways ; provided, that in townships which by the federal census of 1890 had, or by any subse- quent federal census may have a population of 1,140, in counties which by the last federal census had, or by any subsequent federal census may have a population of 26,959, all roads which commence in' an established road and pass on and intersect another established road, and which have been open and used by the public for more than twenty-one years as public highways shall be considered township roads, and shall be kept in repair by the supervisors, the same as ■ other established roads and highways. Sec. 4686-1. [Submission of road and street improvement question to electors of township.] The trustees of any township in this state shall, when the petition of one hundred or more of the tax-payers of such township is presented to them, praying for the improvement of the public roads within such township and including any road running into or through any village or city, submit the question of the im- provement of said roads to the qualified electors of such township at the next general election or at a special election, held after the presentation of such petition. Sec. 4686-2. [Form of proposition and ballot.] The qualified electors of such township shall at said election have submitted the policy of the improvement of its public roads by general taxation. Those voting in favor of such proposition shall have on their ballot, "Road improvement by general taxation — yes", and those opposed, "Road improvement by general taxation — no." The township trus- tees shall cause notice of said election to be published in two news- papers in general circulation, if such are printed- in said township, for at least ten days, and shall also cause hand bills, announcing the same, to be posted at the usual places of holding elections, at each precinct in such township at least ten days previous to such election. Sec. 4686-3. [Appointment, duties and compensation of judges and clerks; conduct and returns of election.] The trustees of such township shall appoint three judges and two clerks for each precinct therein, who shall conduct such election in like manner as is by law provided for holding other elections, and who shall within three days 248 LAWS RELATING TO AGRICULTURE. thereafter return to the clerk of said township a full arid correct ab- stract of the votes cast at such election, and shall be governed in all respects by the laws regulating general elections, and shall receive the same compensation as judges and clerks of other elections, which shall be paid out of the township funds, under the order of the township clerk. The poll-book and abstract so returned to the township clerk, shall within five days thereafter, be opened by the township trustees and clerk and a correct statement of the result shall be entered upon the records of the township by the clerk for public inspection. Sec. 4686-4. [Result of negative vote ; resubmission of question.] If at such election a majority of the votes cast are against the pohcy of improving the roads by general taxation, the township trustees shall not assess any taxes for that purpose ; but they shall, when a like petition is thereafter presented to them,again submit the same question at the next annual elecion, to the qualified voters of such township, notice of which shall be given and the election conducted, in all re- spects, in the manner hereinbefore prescribed. Sec. 4686-5. [Appointment, qualifications and term of commisr sioners.] If, at such election, a majority be found in favor of the policy of the improvement of the public roads of such township by general taxation, the trustees of such township shall appoint three freeholders as commissioners, who shall serve three years from and after the date of their appointment, and in the event of a vacancy occurring upon such board, from any cause whatsoever, such vacancy shall be filled by appointment for the unexpired term by the trustees. Such commissioners shall designate and determine the established roads and streets in such township which shall, in their opinion, be improved. The commissioners shall call to their assistance a compe- tent engineer, who shall make a correct map of such township, plainly showing the established roads and streets in such township which have been by such cornmissioners designated for such improvement ; also, profiles of such roads and streets showing the grade thereof, as they then exist or have been established, which he shall turn over to the custody of the township clerk. Sec. 4686-6. [Oath and compensation of commissioners.] The commissioners so appointed shall, before entering upon the discharge of their duties, take an oath or affirmation, to honestly and impar- tially discharge their duties with a view to the public welfare and shall serve without compensation. The engineer shall receive such sum, not to exceed four dollars per day, as he may, with the commission- ers agree upon. The compensation of the engineer shall be paid out of the township funds, upon the order of the township clerk, after al- lowance by the township trustees. Sec. 4686-7. [Order of improvement.] After the report of the commissioners, and the map and the profiles have been filed with the township clerk, the township trustees shall, in determining which road shall be first improved, of those designated by the commissioners, select those nearest the center line of such township, north and south, and if, in their opinion, it is not expedient to improve all roads in all LAWS RELATING TO AGRICULTURE. 249 directions at one time, they shall proceed to improve the roads which in their opmion are the most traveled and used, within such township. Sec. 4686-8. [Record of proceedings and account of receipts and expenditures.] The trustees shall cause to be kept by the township clerk in a book, to be provided by them for that purpose, a full and correct record of their proceedings under this act, relating to the matter of improving roads within such township ; and also an accurate separate account of receipts and expenditures under its provisions- and no money raised for the improvement of public roads and streets shall be drawn from the treasury, except for liabihties already accrued and then only in pursuance of orders cause (issued) by the trustees^ whilst in session as a board, and be entered on the record of their proceedings, and by orders drawn in pursuance thereof by the town- ship trustees, upon the township treasurer, and in favor of persons only to whom the money is due. Sec. 4686-9. [Award of contracts.] When the township trus- tees have by resolution determined to improve a designated road, the work of its construction shall, be by them pubHcly let to the lowest responsible bidder, after notice given of such letting by publication in one or more newspapers, if published in such township, and by hand- bills judiciously posted, at least fifteen days before the letting of the contract. Sec. 4686-10. [Specifications.] For the purpose of letting con- tract, the trustees shall cause each road and street about to be im- proved, to be divided into suitable sections, and the sections num- bered from the point of beginning, toward the township tine, and shall let the same by sections. All contracts shall be let upon proper specifications of the various kinds of labor required upon each section and also the material, which shall enter into the construction of the same. Bidders shall be required to separately state their bids for each class of work, in such manner as the trustees may demand, and shall also bid separately for the material to be furnished. Sec. 4686-11. [Bond of contractor.] Contractors shall be re- ci,uired to give bond in amount at least equal to the contract price, with sufficient securitv for the faithful performance of his contract, pavable to the township trustees, for the use and benefit of such town- ship, and with the necessary stipulations on part of the contractor, and specifications of the work and material inserted therein. Sec. 4686-12. [Point where construction to begin; payment for work.] In all cases the construction of such roads and streets shall commence at the point designated by the trustees, and no payment for work shall be made except upon the estimates made by the superin- tendent of improved roads, apnointed by the trustees, and by him duly certified, for the work actuallv done, and for material actually fur- nished, after reserving such per cent., not less than fifteen, as may be fixed by the parties to the contract, to guarantee the performance thereof. 250 LAWS RELATING TO AGRICULTURE. Sec. 4686-13. [Specifications as to improvement.] No road or str,eet shall be improved under the provisions of this act which is less than thirty feet in width, and shall be graded a least twenty feet in width ; shall be turnpiked with earth so as to drain freely to the sides, and may be paved with brick, macadamized, raised with stone or gravel not more than sixteen feet in width, and not less than twelve inches thick in the center, nor less than eight inches thick at the outer- edge of said bed of stone, and gravel well compacted together in such manner as to secure a firm, even and substantial road. In no case shall the grade, or ascent, or descent of the road be greater than seven degrees. The roads and streets shall be well provided with the neces- sary side drainings, wasteways, and under-drains, to prevent over- flowing or washing of water; and the commissioners of the county in which such township is located, shall, upon apphcation of the town- ship trustees, cause the necessary bridges and culverts on said road to be constructed or reconstructed in a substantial manner so as to con- form to the grade of the improved road. Provided, that nothing in this section contained shall be construed so as to compel the county commissioners to construct any bridge which in their judgment could be avoided by a reasonable change in the road, or construct any bridge, when for the time being, on account of the financial condition of the bridge fund, they can not, in their judgment, do so, without neglect- ing the needed repairing or construction of other bridges of greater public importance. Sec. 4686-14. [Free turnpikes; regulation of width of tires.] All roads improved under the provisions of this act shall be free turn- pikes ; but the trustees of any such township shall have the same power to regulate the width of the tires to be used on such roads and streets as is conferred upon the county commissioners in section 4904 of the Revised Statutes of Ohio, and the penalties provided in section 4905 of said statute, shall be applicable and imposed for any violation of the rules adopted by such trustees regulating the travel upon such im- proved roads and streets. Sec. 4686-15. [Employment, compensation, oath and bond of superintendent of the improved roads.] . .Before entering upon the improvement of any roads, under the provisions of this act, the trus- tees of any such township shall employ some competent engineer, who shall be known as superintendent of the improved roads, and who shall be paid not more than four dollars per day for the time actually em- ployed, out of the funds raised for the improvement of roads and streets. He shall, before entering upon his duties, take and subscribe an oath or aiiSrmation to faithfully and honestly discharge his duties, and shall give bond in the sum of two thousand dollars, payable to the trustees for the use and benefit of said township, conditioned that he shall faithfully and honestly discharge his duties, all and singular as superintendent of improved roads of such township ; and for the duties performed under the provisions of this act, the trustees shall, upon filing an itemized statement to the clerk of such township, as pro- vided in section 1530, Revised Statutes, as amended April 21, 1890, receive two dollars per day in addition to the fees allowed in section 1530, for other services rendered for the time actually employed, and such compensation shall not in any one year exceed the sum of one LAWS RELATING TO AGRICULTURE. 251 hundred dollars each, for the services performed under this act; and the trustees shall allow the township clerk for services performed under this act a reasonable compensation, not to exceed one hundred dollars in any one year. Sec. 4686-16. [Duties and powers of superintendent; payment for work or material, etc.] . It shall be the duty of the superintendent of improved streets and rods, of any such township, to prepare all plans, profiles, specifications, and to determine the grade of any road or street about to be improved by the trustees of such township, when by them directed so to do ; and all work done on said roads or streets shall be under his supervision, and all material shall be inspected by him, and both shall be subject to his approval. No payment shall be made for any work or material except upon his estimates and certificate that the same is in compliance with the contract. He shall make and furnish to the parties in interest, estimates for the work done and material furnished, at such times, as the contract may provide, and may employ such assistance as he may require, first having had the consent of such trustees thereto, who shall receive such compensa- tion as the township trustees may allow. Sec. 4686-17. [Issue of bonds.] For the purpose of providing the money necessary to meet the expenses of improving such roads and streets the trustees of any township may, if in their opinion it be advisable, issue the bonds of the township, payable at such times as they -may determine, not exceeding thirty years, in the sum of five hundred dollars each, bearing interest at a rate not to exceed six per centum per annum, payable semiannually; and such bonds shall not be sold for less than their par value, and accrued interest, and the aggregate amount of the bonds of any township, at any one time outstanding, shall not exceed fifty thousand dollars. The sale of such bonds shall be advertised for at least thirty days and the same sold to the highest bidder, at the office of the trustees of such town- ship. Sec. 4686-18. [Annual tax to pay for improvement, redeem bonds and pay interest.] When the. trustees of any such township have deter- mined to improve any road, as herein provided, in order to provide for the payment of such improvement and to provide a fund for the redemption of any bonds issued by them under the provisions of section seventeen of this act, together with the interest thereon, they shall, in addition to the other road taxes authorized by law to levy annually upon each dollar of val- uation of all taxable property of such township an amount not exceed- ing three mills upon each dolla. of such valuation, and shall continue such levy from year to year until all the roads and streets by said commissioners designated for improvements have been improved, as herein provided, and the bonds issued for that purpose, together with interest thereon, have been paid. Sec. 4686-180. [Submission of question of increased tax levy.] The trustees of any township in this state, in which free turnpikes have been heretofore constructed under the provisions of this act. 252 LAWS RELATING TO AGRICULTURE. shall, when the petition of one hundred or more of the taxpayers of such township, including any village, therein, is presented to them praying for an increase of tax levy for the improvement of public roads and streets of such township and village, submit the question for an increase of tax levy for the improvement of pub- lic roads and streets to the qualified electors of such township and such village, at the next general election held after the presenta^ tion of such petition. The qualified electors of such township and village shall, at said election, have submitted to_ them the policy of an increase of tax levy for the improvement of its public roadsand streets by general taxation. Those voting in favor of such proposition shall have on their ballots, "Increase of tax levy for road improvement by general taxation — Yes," and those opposed, "Increase of tax levy for road improvement by general taxation — No." [Notice of election.] The township trustees shall cause notice of said election to be given in the same manner as provided in section 4686-2 of this act, and the provisions of section 4686-3 of this act shall be applicable to such election. If at such election a majority of the votes cast are in favor of an increase of tax levy for road improvement by general taxation, the township trustees shall levy annually upon each dollar of valuation of all the taxable property of such township,in- cluding such village, an amount not exceeding six mills upon each dol- lar of Valuation, as provided in section 4686-18 of this act; and if a mjority of the votes cast are against an increase of tax levy for road improvement by general taxation, the township trustees shall not levy a tax in excess of that which they were authorized to levy before such election was held; [Resubmission of question.] But they shall, when a like petition is hereafter presented to them, again submit the same question, at the next sreneral election held after the presentation of such petition, to the qualified voters of such township, including such village, notice of which shall be given and the election conducted, in all respects, in the manner hereinafter prescribed. Sec. 4686-19. [Submission of question of increased tax levy for improvement of roads.] The trustees of any such township, in this state, shall, when the petition of one hundred or more of the taxpayers of such township, including anv citv or village, therein, is presented to them praying for an increase of tax levy for the improvement of public roads and streets of such township and city or village, submit the question for an increase of tax levy for the improvement of public roads and streets to the qualified electors of such township and such citv or village, at the next general election or at a special election held after the presentation of such petition. The qualified electors of such township, and city or village shall, at said election, have sub- mitted to them the policy of an increase of tax levy for the improve- ment of its public roads and streets bv general taxation. Those vot- ing in favor of such proposition shall. have on their ballots, "Increase of tax levy for road improvement by general taxation^yes," and those opposed, "Increase nf lax levy for road improvement bv o'cncral taxation — nn." LAWS RELATING TO AGRICULTURE. 'lod [Notice of election.] The township trustees shaU cause notice of said election to be given in the same manner as provided in section 2 of this act, and the provisions of section 3 of this act shall be appli- cable to such election. If at such election a majority of the votes cast are in favor of an increase of the tax levy for road improvement by general taxation, the township trustees shall levy annually upon each dollar of valuation of all the taxable property of such township, including such village or city, an amount not exceeding six mills upon each dollar of valuation, as provided in section 18 of this act, and if a majority of the yotes cast are against an increase of tax levy for road improvement by general taxation, the township trustees shall not levy a tax in excess of that which they were authorized to levy before such election was held ; but they shall when a like petition is herein- after presented to them, again submit the same question, at the next general election held after the presentation of such petition, to the qualified voters of such township, including such village or city, notice of which shall be given and the election conducted, in all respects in the manner hereinafter prescribed. Sec. 4686-20. [Certification and collection of taxes.] The trus- tees of any such township shall cause the amountof taxesby them levied each year, under the provisions of sections 18 or 19 of this act, to be certified to the auditor of the county, in which it is located, as other taxes are certified to him, and the same shall be by him placed upon the duplicate of the taxable property of such township and the same shall be collected by the treasurer of said county as other taxes are collected. Sec. 4686-21. [Provisions for repairs.] The trustees of any such township shall provide for the keeping in repair of such improved roads and streets and for that purpose the provisions of sections 4891, 4892 and 4893, and any amendments thereto of the Revised Statutes are made appHcable to such township. Sec. 4686-22. [Annual tax for repairs.] To provide a fund for the keeping in repair of such improved roads and streets the trustees of such township may levy annually an amount not to exceed one-half of one mill upon each dollar of the valuation of all the taxable prop- ,erty in such township in addition to other road taxes by them l.evied. Sec. 4686-23. [Duties and fees of township treasurer.] The treasurer of any such township shall receive and disburse all money aris- ing from the provisions of this act. He shall receive as compensation therefor one-half of one per centum of the first ten thousand dollars, or less distributed in any one year, and one-fourth of one per centum of any ainount in excess of ten thousand dollars, to be paid out of the township funds, and he shall receive no other compensation for ser- vices rendered under this act. Sec. 4686-24. [Exemption from taxation.] No taxes or assess- ments shall be levied upon any property in such township by the county commissioners of the county in which it is located, under the provision of chapters 6, 7, 8, title 7 of the Revised Statutes of Ohio, after any pubhc roads thereof have been improved under the provis- ions of this act. 254 LAWS RELATING TO AGRICULTURE. Sec. 4686-25. [Application of cost where improvements made on assessment plan.] That in all cases where roads or streets have been heretofore improved or shall be hereafter improved by being graded or macadamized or paved on the assessment plan, and paid for, or in the process of being paid for, by abutting property owners, that the entire cost of improvement herein provided for such width as may be desig- nated by the commissioners, and at such time as such commissioners may designate such roads for improvement shall be paid to the treas- urer of the township, city or village, as the case may be, and the money so paid shall be by him applied to the paj-ment of outstanding bonds issued for said improvement. Sec. 4686-250. [Restrictions on annual improvement and issue of bonds.] That not to exceed five miles of road and street shall be im- proved in any one year, and that in no event shall the bonds herein authorized to be issued for a sum greater than is required to be paid the cost of the improvement of roads and street for the current year. Sec. 4686-26. [Improvement of dedicated street, etc., by town- ship trustees; appropriation of real estate therefor.] Upon the pre- sentation of a petition therefor, signed by the owners of a majority of the feet front abutting on any dedicated street, alley, or avenue, as set forth in any plat or map of record in the recorder's office of any county and when said dedicated street, alley or avenue, is not within the limits, or subject to the control of any municipal corporation, the trustees of the township wherein said street, alley or avenue is sit- uated, are hereby authorized and required to open, extend, widen and straighten said street, alley or avenue, in such manner as may be indi- cated on the recorded plat or map which dedicates said street, alley or avenue, and shall appropriate, enter upon and hold any real estate within the township necessary for such purpose, regardless of any other public use of said real estate. Sec. 4686-27. [Proceedings for appropriation.] The trustees of any township upon receiving the petition, as provided in section one (i) [§(4686-26)] hereof, shall immediately make application to the probate court of the county, as provided in section 2236 of the Revised Statutes of Ohio, and thereafter, as far as practicable, the proceedings' shall conform to, and be had under the provisions of sections 2236 to 2261, inclusive, of the Revised Statutes of Ohio. Sec. 4686-28. [Compensation of trustees ; assessments upon abut- ters ; pa3mient of assessments ; collection of unpaid assessments ; appli- cation of moneys; power of county treasurer.] The trustees shall re- ceive reasonable compensation for their services, which shall not exceed in any case the sum of twenty-five dollars each, which, with all costs and expense of constructing said improvement, together with the interest on any bonds issued by the trustees for the same, shall be levied and assessed upon each front foot of the lots and lands 'abutting on each side of the street, alley or avenue to be improved, and shall be a Hen from the date of the assessment upon the respective lots or parcels of lands assessed ; said assessment shall be payable in five (5) annual payments, and shall be paid to the township treasurer; and the option LAWS RELATING TO AGRICULTURE. 255 of paying his portion of such assessment in full within a period of twenty (20) days from the date of the levy thereof, shall be given to each of the property owners, but no notice to the property owners of such option shall be necessary. The township treasurer shall, on or before the second Monday of September annually, certify all unpaid assessments to the county auditor, and the same shall be placed on the tax hst, and shall be, with ten (10) per cent, penalty to cover interest and costs of collection, collected by the county treasurer in the same rnanner as other taxes are collected, and when collected he shall pay the same to the township treasurer ; and all moneys received by the township treasurer on such assessments shall be applied to the payment of the bonds issued under this act, and for no other purpose; and for the .purpose of enforcing the collection of the assessments so certified to him, the county treasurer shall have the same power and authority now allowed by law for the collection of state and county taxes. Sec. 4686-29. [Bonds.] For the purpose of raising money nec- essary to meet the expense of the improvement the trustees of a township wherein such street, alley or avenue is situated, are hereby authorized and directed to issue the bonds of the township, not exceed- ing $5,000 in amount, payable in installments, or at intervals not ex- ceeding in all the period of six (6) years, bearing interest at the rate of six (6) per cent, per annum, which bonds shall not be sold for less than their par value. Sec. 4686-30. [Levy for irhprovement of highways by township trustees.] That the trustees of any township in the state of Ohio be, and are hereby authorized to levy and assess upon the taxable property of their respective townships, a tax not exceeding six mills in any one year upon the dollar valuation of the taxable property of such town- ship in addition to other taxes authorized by law, for the purpose of improving by macadamizing and graveling the public highways in such township, as may be deemed expedient or necessary by the board of trustees of such township, and for no other purpose, provided that this act shall not apply to townships in any county where the county commissioners have improved or now are engaged in improving by macadamizing and graveling the highways of said county. Sec. 4686-31. [Collection of tax.] That the taxes authorized to be levied shall be placed by the county auditor upon the taxable property of the township, and collected by the county treasurer as other taxes, and wl%en collected shall be paid to the township treasurer of the township frofh which the same was collected, and be under the control of the township trustees thereof, for the purpose of improving by ma- cadamizing and graveling the public highways of such township. Sec. 4686-32. [Trustees to determine roads for improvement; powers of trustees.] The board of trustees shall designate the road or roads to be improved, which shall be, first the main and leading road or roads of the township, and upon which the material can be most easily procured. The board of trustees after having determined which road or roads are to be improved, shall examine such road or roads and ascertain if the proposed road or roads are sufficiently graded and 25H LAWS RELATING TO AGRICULTURE. drained, and if such be not the case, they may take to their assistance a competent surveyor or engineer, whose duty it shall be to make, unaei the direction of the board of trustees, a survey and level of the road or roads as selected, fix the grade of the road or roads, and the grade and capacity of the drains on the sides thereof. The trustees shall cause to be constructed all necessary culverts on such road or roads, hx the width of the graveled, paved or macadamized track not less than nine feet nor more than sixteen feet, and the depth thereof not less than eight inches nor more than twelve inches in the center, and the slope from the center to the sides. [Consolidation of districts.] The trustees may consolidate the road districts, through which any such proposed road improvement passes, and direct the supervisors of such road- districts to work the two days' labor in such district in hauling the material, such as crushed stone or gravel upon such road. The work of hauling the material upon the road in such road district shall be under the supervision of the supervisor of such district, but be performed in such manner as shall be prescribed by the trustees. Sec. 4686-33. [Letting of work.] A majority of the board of trustees shall be necessary to order the said road improvement, and the work of the construction, and the furnishing of the material for such improvement shall be pubhcly let ; excepting such work as may be done by the supervisors of the road district as herein provided. The contract for the material to be used in the construction of said road improvement, and the contracts for hauling said material upon the roads, shall be let separately. Sec. 4686-34. [Notice by publication; contract to be let to low- est bidder; bond.] The trustees, after having given public notice of the time and place of such letting for at least two weeks, in a news- paper of general circulation in the township or county, or by hand- bills, or both, at the discretion of the board of trustees, specifying the kind and quality of the material, and the part of the road upon which the same is to be used, shall let the same to the lowest bidder, who shall give bond to the acceptance of the trustees. [Donations.] The trustees may accept donations of material or labor which may be offered by any person or persons for the benefit of any or all roads to be improved, and the road upon which the largest donation is offered shall be constructed first. The bids for the ma- terial and for the work of hauling the same shall be separately stated, and the trustees may reject any or all bids. [Payment for work and material.] The trustees shall examine and accept the work when completed, and ascertain the amount of material furnished under the provisions of this act, and if found in all fespects correct, shall draw an order for the amount due for work, or for material furnished, upon the township treasurer, which shall be countersigned by the township clerk. LAWS RELATING TO AGRICULTURE. 257 Sec. 4686-35. [Overseer; compensation.] The board of trustees may appoint one of their number, or some other suitable person who sha 1 oversee the work, and for services rendered under the prov si^ns of this act, and] they shall be entitled to receive, for eac day ac aX employed the sum of one dollar and fifty cents per day. ^""^iiy [Record.] And the trustees shall provide for the township clerk a suitable book in which there shall be kept a complete record of the business transacted under the provisions of this act; [Duty of clerk; compensation.] And it is hereby made his duty to keep a full and complete record of the action of the board of trustees under this act, and the township clerk, for making such record, shall be entitled to receive ten cents per hundred words, and for all other ser- vices such reasonable compensation as may be allowed by the board of trustees. Sec. 4686-36. [Expenses paid from road fund.] The fees of the township officers, the engineer, and the person who may be appointed by the board of trustees under the provisions of this act, shall be paid out of the township road fund. [Itemized accounts.] But before any payment shall be made for services rendered under the provisions of this act, the person entitled thereto shall make out and file with the township clerk, an itemized account of his services, whereupon the trustees shall, if they find the same correct, draw an order on the township treasurer, countersigned by the township clerk. Sec. 4686-37. [Roads free; repairs.] The roads graveled, paved or macadamized under the provisions of this act shall be free to the public travel, and shall be kept in repair by the trustees out of the funds that conie into the township treasury from the county treasurer, as provided for in section one thousand four hundred and fifty-nine (1459) of the Revised Statutes of Ohio. Sec. 4686-38. [Township trustees may create township into road district for purpose of improving public ways.] That the trustees of any township, whenever in their opinion it is expedient and necessary, and for the public convenience and welfare, to improve the public ways of said township, in whole or in part, by grading, macadamizing or graveling, draining, culverting, and bridging, may, by resolution, create said township into a road district for the purpose of improving the public ways therein, or any number of them ; and when, in any such township, there may be a municipal corporation, or municipal corporations, such trustees may, by such resolution, erect the portion, or portions, of such township not included within the corporate limits of any such municipal corporation, or municipal corporations, into such road district ; and in like manner the township trustees may erect any election precinct, or part of election precinct, in such township, into such road district ; and any road district, so created, shall be given an appropriate name, by which it shall be known and designated. 17— F. H. B. 258 LAWS RELATING TO AGRICULTURE. Sec. 4686-39. [May borrow money and issue bonds.] That in order to provide means for improving the pubHc ways ni any_ such road district, the township trustees may, if in their judgment it is ex- pedient and necessary to do so, borrow money and issue bonds ot such road district for the payment of the same ; such bonds to be issued at such times, and in such amounts, as the work progresses, as may, in the judgment of the township trustees, be necessary for the purposes ot such road improvements ; and such bonds shall bear interest at a rate not exceeding five per centum per annum, payable semi-annually, shall be in denominations of not less than one hundred and not more than one thousand dollars each, as may be determined by the trustees, shall not run longer than twenty years, as may be determined by the trus- tees, and shall be signed by the township trustees, or a majority of them, and attested by the township clerk ; and the interest shall be evidenced by appropriate coupons attached to each bond, and authenticated by the signature of the township clerk. [Limit of issue.] Provided, that it shall not be lawful for the township trustees to cause to be outstanding more than one hundred thousand dollars par value of such bonds of such road district, at any one time ; nor to issue, under any single vote, more than the aggregate amount stated in the notice of the election therefor. Sec. 4686-40. [Question to be submitted to electors.] That be- fore the improvement of any such public ways shall be undertaken, and before any bonds shall be issued under this act to pay for such improvements, the question of improving said public ways and of issu- ing bonds under, and in accordance with this act, shall be submitted to the qualified electors of such road district, at a general or special elec- tion of which, of the purpose, time and place, within such township, of holding which, and of the aggregate amount of bonds proposed to be issued, said trustees shall have caused not less than ten days' notice to be given in the manner as provided by the laws of Ohio for other gen- eral or special elections, as the case may be. Sec. 4686-41. [Ballots for election.] That whenever the town- ship trustees shall determine to submit such question to the electors of any such road district, they shall pass a resolution to that effect, in which resolution the boundaries of such road district, if they be not co- incident with the boundaries of the township, shall be designated ; and the clerk of said township shall file a certified copy of such resolution with the deputy state supervisors of elections of the county in which such road district is located, not less than fifteen days before the time therein fixed for said election ; and the deputy state supervisors of elec- tions shall cause to be prepared and furnished at the expense of such township, ballots for said election, on which shall appear the words "Road improvement bonds — Yes," "Road improvement bonds — No;" and when such road district is a part of a township the notice of the election above provided to be given shall designate the boundaries thereof. Sec. 4686-42. [Judges and clerks of election.] That, at any elec- tion held thereunder, the judges and clerks of election for the time LAWS RELATING TO AGRICULTURE. 259 being of the township in which the same is held, shall act as judges and clerks and vacancies shall be filled in like manner as in other elec- tions ; and such officers shall certify the resuh of said election forth- with after it shall have been ascertained, to the clerk of said township, who shall abstract and record the same, and the electors at such elec- tion desiring to vote m favor of the proposition shall place a cross mark, m black lead pencil, to the left of the words "Road improve- rnent bonds— Yes," and those desiring to vote against said proposition shall place such cross mark to the left of the words "Road improve- ment bonds— No;" and if a majority of the votes cast, upon such question, at such election, shall be in favor of the proposition, the township trustees shall proceed to improve the public ways of such road district and to issue bonds to provide means therefor; and the township clerk shall forthwith certify the result of said election and the description of the boundaries and the name of such road district to the county auditor. Sec. 4686-43. [Employment of engineer; his duties.] That im- mediately aftr said election, if said proposition shall have carried, the tovvnship trustees shall employ a competent civil engineer and such assistants as shall be necessary, which engineer shall be the engineer of the road improvements of such road district and shall prepare a cor- rect plat of such road district, showing all of the established public ways therein, which plat shall be designated by the name of the road district, and shall be forthwith recorded in the office of the township clerk ; and thereupon the said trustees shall determine the order and manner in which said public ways shall be improved, beginning, so far as practicable, with the main roads; and in improving such public ways the macadamized, or graveled, portion shall be so located, when- ever practicable, as to leave sufficient space for a dirt road at its side, and said graveled or macadamized portion shall be not less than eight, nor more than fourteen feet, in width, and the gravel or macadam shall be not less than twelve inches in depth in the center, and eight inches in depth at each outer side. Sec. 4686-44. [Division of improvement into working sections.] That as the improvement of each public way is determined upon, the engineer shall proceed to divide the improvement into working sec- tions and to make a corrct profile of each working section of such public way as it then exists, and a profile of the grades estabhshed for its improvement, and to prepare specifications for, and an estimate of the cost of each working section of the improvement, which shall be filed and- recorded in the office of the clerk of the township. Sec. 4686-45. [How contract made.] That the contracts for furnishing the materials and performing the labor in and about such improvement, shall be made by such sections and in hke manner as is provided by law for other township improvements. Sec. 4686-46. [How payments to be made.] That payments shall be made on account of such work and materials, upon esti- mates of the engineer as the work progresses, ten per centum of each estimate being retained until final completion and acceptance of the work. 260 LAWS RELATING TO AGRICULTURE. Sec. 4686-47. [Advertisement and sale of bonds.] That the bonds provided to be issued hereunder shall be sold at not less than par and accrued interest, in such quantities as may be deemed expe- dient by the township trustees; and shall be advertised and sold m the manner provided by law for the advertisement and sale of any other township bonds. Sec. 4686-48. [How repairs to be kept up.] That such public ways, when improved, shall be maintained and kept m repair by the county commissioners, and the expense thereof shall be paid out of the county road fund. Sec. 4686-49. [Tax levy.] That the township trustees shall pro- vide means to pay the expense and cost of such improvements, and to pay the principal and interest of such bonds, by a general tax levied upon the taxable property of the respective road district. The levies for which tax shall be certified to the county auditor as is provided by law in the case of other levies of other township trustees. Sec. 4686-50. [Supervisor of improvement; compensation.] That the township trustees shall designate one of their number to supervise the improvement of each working section of said public ways, im- proved under this act, and the trustee so designated shall receive for his services in that behalf not to exceed two dollars a day for the time actually an^ necessarily employed in such supervision ; and the trustees shall provide such blanks, books and recorxis, as shall be necessary to meet the requirements of this act ; and shall allow to the township clerk for the services to be rendered by him, reasonable compensation ; all of which shall be paid out of the funds provided for such improvement on the order and allowance of the township trustees. AN ACT To create the several townships in the state of Ohio, into separate road dis- tricts for macadamizing purposes, and to improve the roads and high- ways in said townships, and to authorize the trustees to levy and assess a tax for said improvements. Sec. I. [Township trustees may create separate road di"strict for improvement of township roads.] That the trustees in any township of any county in the state of Ohio, may by a majority of the qualified voters of said township at any general election create a separate road district for the impovement of public roads in said township. Sec. 2. [Submission of question of improvement to voters; no- tice, ballots, etc.] The qualified electors of such township, shall at said election have submitted the policy of the improvement of its public roads by general taxation, those voting in favor of such prop- osition shall have on their ballot road improvement by taxation LAWS RELATING TO AGRICULTURE. 261 "yes," and those opposed road improvement by taxation "no." The township trustees shall cause notices of said election to be published in two newspapers in general circulation, if such are printed in said township, for at least ten days prior to said election, and shall also cause notices to be posted at the usual place of holding elections, at least ten days prior to such election, and in townships where there are no papers published, the. trustees shall give notice of such election by posting notices at, at least six of the most prominent places in the township ; fifteen days prior to said election. Sec. 3. [Trustees authorized to purchase stone, gravel, etc.] The trustees of any township which may, for the purpose of macad- amizing and improving the roads and highways in said township so constitute and make a special and independent road district, by the provision of section i of this act, be and they are hereby authorized to purchase stone or gravel, or both, for the purpose of macadamizing, graveling and improving the roads in any township. Sec. 4. [May levy taxes and issue orders.] For the purpose of macadamizing and improving the roads in said township the trustees are authorized to levy and assess upon all the taxable property in said township not more than six mills on the dollar in addition to that authorized by law for a period of six years, which shall be paid in monev and collected as other taxes and the money so collected shall be under the control of the trustees of said township and the trustees of said township, may and are hereby authorized to issue township orders, bearing not more than six (6) per centum per annum, for the payment of macadamizing and improving the roads in said township, but the aggregate amount of said orders shall not exceed the amount to be derived by said levy of six mills on the dollar for the said period of six vears, and the trustees may and are herebv authorized to issue said interest-bearing orders for any work that mav have been done under this act, and any or all orders shall be paid in the order in which they are issued and subiect to the call of the trustees of said township for the payment thereof. Sec. 5. [Road labor; office of supervisor of road abolished.] The township clerk shall furnish said trustees with a list of names of all persons in said township required by law to do road work and the amount of work required by each and all labor on said roads, shall be performed under the direction of the township trustees who shall have entire control of all roads and all improvements in said township not now by law under the control of the county commissioners, and the ofifice of supervisor of roads shall be abolished in said township for a period of six years. Sec. 6. [Preference in expenditure of funds for improving roads.] In expending the funds for improving the roads as provided in this act, the trustees shall give preference to those from whom the taxes are collected for road purposes, and it shall be the dutv of the trustees to see that this provision is observed so far as possible for the best inter- est of the roads and of the taxpayers. Passed April 25, 1904. Approved May 6, 1904. 262 LAWS RELATING TO AGRICULTURE. APPEALS IN ROAD CASES. Sec. 4687. [When order to open road may be executed.] No order of the county commissioners for the estabUshment of a county road, or for the alteration or vacation, in whole or in part, of a state or county road, or changing the width of a county road shall be ex- ecuted until twenty days have elapsed after the entry of such order in the record of the commissioners, and no order shall issue to open any township road until fifteen days after the same has been established, at which time the clerk of the township may issue such order, by direc- tion of the trustees, unless aa appeal has been perfected. Sec. 4688. [Who may appeal to probate court.] An appeal from the final order of the county commissioners establishing a county road, or altering or vacating, in whole or in part, a state or county road, or changing the width of a county road, may be taken to tl;ie probate court of the same county by any person having an estate in fee, for life, or years, in any lands or tenements, situate in any township in the county, in or through which township such new, altered, changed, or vacated road passes, or by the husband of any married woman, or guardian of any ward, having such an estate. Sec. 4689. [Appeal bond.] To perfect such appeal, the appel- lant shall execute with sufficient sureties, or cause to be executed by sufficient sureties, to be approved by the county auditor, a bond or undertaking, payable to the state, in a penal sum of not less than one hundred nor more than three hundred dollars, in the discretion of the auditor, conditioned for the pavment by such appellant of all costs that may be adjudged against him in the probate court, or in any other court, to which the proceeding may be removed by petition in error, which bond shall be filed with the auditor on or before the twentieth day after the entry of the order appealed from in the record of the com- missioners; but minors, idiots, or lunatics, or their guardians re- spectively, may appeal without giving bond, by causing an entry to that effect to be made within the period aforesaid, by the county au- ditor in the record of the commissioners. Sec. 4690. [Auditor to transmit papers to court.] Within ten days after the filing of an appeal bond, or the making of an entry for an appeal, as aforesaid, the county auditor shall transmit to the probate court the original papers in the proceeding, and a certified transcript, form the record of tlie commissioners, of all proceedings and orders had or made by or before them therein, upon the receipt of which, the pro- bate judge shall forthwith docket the proceedings, styling the petition- ers plaintififs, and the appellants defendants, and shall set a day for the hearing thereof, which shall not be later than the twentieth day after such docketing of the appeal. Sec. 4691. [When court may afFrrt; or set aside proceedings.] If, upon the hearing of the matter, it appear that the proceedings pre- vious to the appeal were, in substance, regular and legal, and if no ex- ception be taken by any claimant of compensation and dahiages to the LAWS RELATING TO AGRICULTURE. 263 SoScoUfsril^.ffirl'PP'^r"' V^^^ ^°™*3^ commissioners, the prooate couit shall affirm the orders of the commissioners and eni-pr a ClTLYT '''■ 'PP^"^"^^. '°' ''' costs Sedby'Th: appeal , but if the previous proceedings are found to be substantiallv erroneous the court shall set them aside, and order another view by three disinterested freeholders of the county, to be appointed by th^ court, who shall perform the same duties that are required by chapter two of viewers appointed by county commissioners, except that they shall make their return to the probate court. P >■ "■>. mey .h.^^!^' f ^^' ['rh\°^'"^/"^^ credit upon the certificate, the supervisor shall issue and deliver ro me holder thereof a receipt for the road tax charged against such person for the current year; and the holder of the certificate may transier the same, or any balance due thereon, to any subsequent purchaser oi the property owned by him when the certificate was issued. • Sec. 4757. [Material for improvement of public roads.] The trustees, at the time of authorizing such improvement, shall direct in their order at what point the materials therefor shall be taken, under the general laws in force for procuring materials for the improvement of public roads, which point shall be the nearest and most convenient to the place where the materials can be procured in the township; provided, that where a road is located in two townships, the material for the improvement thereof may be procured at the nearest and most convenient point in either township. ROAD DISTRICTS. Sec. 4757-1. [Organization of road districts; how governed and controlled.] In any county two or more adjacent townships, not ex- ceeding four townships, occupying contiguous and compact territory, may organize into road districts. Such road districts shall be gov- erned and controlled for the purpose of constructing pikes, and im- proving roads as herein provided by a road commission, composed of not more than four in number. [Road commission; how appointed; nominations by township trustees; removals and vacancies.] Such commission shall be ap- pointed by the county commissioners of such county, not more than one of whom shall be a resident of any such township composing such road district, and such commissioner shall be nominated by the re- spective township trustees, and may be removed at any time for in- competency or neglect of duty by said county commissioners, and said county commissioners shall in like manner, make appointments to fill all vacancies in the office of the said board of road commissioners, caused by death, removal, resignation or otherwise of any road com- missioner, and such person so appointed shall hold such office for the unexpired term of the person in whose stead be was appointed, and until his successor is appointed and qualified, unless removed for in- competency or neglect of duty by said county commissioners ; and not less than ten days prior to the expiration of the term of office of any person holding such office of road commissioner, said board of county commissioners shall in like manner appoint his successor in office for the term as provided by section 7 of the Revised Statutes as herein amended; provided that all persons heretofore appointed to the office of road commissioner, shall hold such office for the full term for which he was appointed and until his successor is appointed and qualified, unless removed at any time for incompetency or neglect of duty by said county commissioners. [When appointment to be made.] Provided, that no such ap- pointment of road commissioners shall be made or such commission- ' LAWS RELATING TO AGRICULTURE. 283 ers_ appointed until the construction of such a road district shall be petitioned for, to the county commissioners, by at least fifty or more of the resident taxpayers of each of such townships asking for the improvement of the public roads of such townships and asking for the establishment of such road districts. Sec. 4757-2. [How districts created.] The county commission- ers on receiving such written petitions from the respective townships shall be authorized to forthwith pass resolutions and place the same upon their journal organizing such townships into a road district and notify the respective boards of trustees of such townships of such action, and the same shall, within ten days thereafter, be considered and held to be a road district for the purposes of this act. [Notice to trustees to make nominations; selection of board; ap- portionment politically.] Said county commissioners shall forth.with, after the expiration of such ten days, notify, in writing, the township trustees to nominate suitable persons for the office of road commis- sioner and from such nominees so presented by such trustees, the county commissioners shall select a non-partisan board not more than two of whom shall be a member of any one political party. [Meeting of board for organization.] Said board shall forthwith meet at the county seat and organize by electing one of their number president, and one of their number secretary, and shall keep a record of all their proceedings. Sec. 4757-3. [Submission of question of improving roads.] Within ten days after said commission is duly organized, it shall notify the deputy state supervisors of elections of such county, of its said organization, whereupon it shall be the duty of the deputy state su- pervisors of elections to submit the question of improvement of the public roads of such road district, to the quahfied electors thereof at any general or special election. The qualified electors, of any such district including any village or city situated therein -shall at such election have submitted to them the proposition of improving the public roads within such district by general taxation levied upon property in such district. [Form of ballot.] And those voting in favor of such proposition shall have on their ballots, "Road improvement by general taxation- Yes," and those opposed, "Road improvement by general taxation —No." [Notice of election.] The said road commissioners shall cause notice of such election to be given in at least two of the newspapers pubHshed in or of general circulation in such road district, and shall also cause handbills or posters announcing the same to be posted up at the usual place of holding elections in each ward and precmct m such road district at least ten days prior to such election. Sec. 4757-4- [Appointment of judges and clerks; return; com- pensation.] The deputy supervisors of elections of such county shall 284 LAWS RELATING TO AGRICULTURE. appoint four judges' and two clerks for each ward and precinct in such road district, who shall conduct such election in like manner as is by law provided for holding other elections. They shall forth- with return to the deputy supervisors of such county, a full and cor- rect abstract of the vote cast at such election, and shall be governed in all other respects by the laws regulating general elections and shall receive the same compensation as judges and clerks of other elec- tions, which shall be paid in accordance with general statutes. [Canvass of votes.] The poll-books and abstracts so returned to the deputy state supervisors of elections, shall, within two days thereafter, be opened by them and a correct statement of the result shall be entered upon the records of the county commissioners by the auditor of the county for public inspection. Sec. 4757-5. [Effect of negative vote.] If, at such election, a majority of the votes cast are against the proposition of improving the public roads by general taxation, the said road commissioners shall not assess any tax for that purpose, and their duties shall cease. Sec. 4757-6. [Effect of affirmative vote; designation of roads for improvement.] If, at such election, a majority of the votes cast be in favor of the policy of imrpovement of the public roads of such road district by general taxation such road commissioners shall each year designate and determine what roads should in their opinion be improved in said year. Said commissioners shall also determine each year the extent of such improvement in each township, at what points the improvement shall begin, and how much improvement shall be completed annually. No public highway [within] with the corpo- rate limits of any city or village in such road district shall be im- proved unless such road extends through the road district continu- ously. Such road commissioners shall have power to employ counsel, and a competent civil engineer and such assistants for him as they deem necessary, who shall make a map of the roads so designated each year, and make profiles of such roads showing the grades thereof as they exist, and prepare such other information as may be required by the commissioners, all of which shall be kept on file in the county auditor's office for public inspection, and shall be notice to the public. Sec. 4757-7. [Termof office of commissioners; oath.] The com- missioners so appointed shall hold their office for a term of four years, and each road commissioner shall hold such office until his successor is appointed and qualified, unless removed for incompetency or neg- lect of duty by said county commissioners. Before entering on the discharge of his duties each road commissioner shall take an oath of office to honestly and impartially discharge the duties thereof with a view to the public welfare, and give bond in the- sum of fifteen hundred dollars, payable to the. state of Ohio, for the use of the road district, conditioned that he will so discharge his duties, which bond shall be approved by the county commissioners and kept on 'file in the county auditor's office. LAWS RELATING TO AGRICULTURE. 285 [Compensation ] Each road commissioner shall receive two dol- lars compensation for each day actually employed. The er^neer employed by them shall receive not more than four dollars pef Sav and each assistant shall be allowed not more than one doltar and fifty cents per day, for each day actually employed, as may be agreed upon by the road commissioflers. The compensation of the commissioners engineer and assistants shall be allowed by the county commissioners; and the same and counsel services allowed by the road commissioners sha 1 be paid out of the road fund raised for the purpose of making such road improvements. ^ . ^ Sec. 4757-8. [Selection of roads for improvement.] Immediately atter the report of such road commissioners and the map and profiles of such engineer have been filed, such road commissioners shall in determining which road shall be first improved of those designated select the most public roads of the road district both east and west and north and south, and if, in their opinion it is not expedient to undertake the improvement of such selected roads in all directions at one time, they shall proceed to first improve the most prominent thoroughfare in such district. Sec. 4757-9. [County auditor ex officio member.] The county auditor shall be ex officio member of said board but shall only have a vote in case of a tie vote on any question before said board of road commissioners. [Record kept by commissioners.] The said road commissioners shall cause to be kept by the secretary or clerk of the board in a rec- ord book to be provided by them for that purpose, a full and com- plete record of their proceedings under this act relating to the im- provements of all public roads acted upon by them ; and also an accurate, separate account of receipts and expenditures under its pro- visions. [Pajmients for improvement.] And no money raised for the im- provement of such roads shall be drawn from the treasury except to pay liabitlities already accrued and then only in pursuance of orders issued by said road commissioners or a majority of them while in session as a board to be entered upon the record of their proceed- ings, upon a yea and a nay vote, and by orders drawn in pursuance thereof by the auditor of the county and 'n favor of the persons only to whom the money is due. . Sec. •4757-10. [Work of construction let on bids.] When such road commissioners have by resolution determined to improve a de- signated road or part thereof, the work of its construction, including all labor and the hauHng and spreading of material, shall be by them publicly let to the lowest responsible bidder; and the furnishing of the material shall also be by them publicly let at the same time, if possible, to the lowest responsible bidder. Provided that said road commissioners shall have the right to purchase any or all materials and secure the performance of any or all labor in any other manner, if said bids are not satisfactory to the board, or if no bids are re- 286 LAWS RELATING TO AGRICULTURE. ceived by the board. Due notice of such letting shall be given by publication in at least one newspaper of general circulation in said road district and by posters judiciously posted for a period of two con- secutive weeks prior to such letting. Sec. 4757-11. [Contract; what to contain.] All contracts shall be let upon plans and specifications adopted by the road commissioners and engineer, and said plans and specifications shall describe the road to be improved, and shall specify the various kinds of labor required, and the 'materials which shall enter into the construction of such road improvement. Bidders shall be required to separately state their bids for each class of work in such manner and upon such blank forms as the road commissioners may require. Sec. 4757-12. [Contractor's bond.] Each contractor shall be re- quired to give bond in an amount not less than the contract price with suiiiicient sureties, at least one of whom shall be a resident of the county, for the faithful performance of his contract, payable to the state of Ohio for the use of the road district and which bond shall be so conditioned and the contract, plans and specifications shall form part of the same, and the same shall be approved bv the road com- missioners. The form of all contracts and bonds and all proceedings by the road commissioners shall be approved by their attorney. Sec. 4757-13. [Superintendent of construction; compensation.] Such road commissioners mav select, in addition to the civil engineer, when necessary, a superintendent to superintend the construction of such improvement whenever, in their opinion, such civil engineer may not have the time to perform such duties, whose compensation shall not exceed four dollars per day for the time actually employed and in any event not more than one hundred dollars per month. [How payments made.] No payments for work or materiaJ shall be made except upon the estimates made by the engineer in charge, and by him duly certified of work actually performed and the materials actually furnished, and after reserving such per cent., not less than ten, as may be fixed by the parties to the contract to guarantee the performance therof, and approved by the board of road commissioners or a majority thereof. Sec. 4757-14. [Roads improved shall be free turnpikes; width.] All roads improved under the provisions of this act shall be free turnpikes. No road shall be improved which is less than thirty-five feet in width. Before work on any improvement is commenced on any road, the road commissioners shall give at least ten days' notice to any landowner whose fences or other structures encroaches on such road, to remove the same, and on failure to so remove the same, the contractor doing the work of construction shall forthvyith remove the same, and the cost of such removal shall be certified by the road commissioners to the county auditor who shall enter the same on the tax duplicate as in other like cases, against the land of such owner, and the same shall be a lien thereon; and the road commissioners LAWS RELATING TO AGRICULTURE. 287 shall have the power to regulate the width of tires to be used on the improved roads in such road district as is conferred upon county com- missioners in section 4904 of the Revised Statutes and the penalties provided by section 4905 of said statutes shall be applicable and im- posed for any violation of the rule adopted by such road commission- ers to regulate travel on such improved roads. Sec. 4757-15. [Oath and bond of superintendent and engineer.] Such superintendent and engineer, before entering upon their duties, shall take and subscribe to an oath of office, and shall give bond in the sum of three thousand dollars each, payable to the state of Ohio, for the use and benfit of such road district, conditioned that they will fatihfuUy and honestly discharge their duties all and singular as su- ■ perintendent and engineer of improved roads of such road district. Sec. 4757-16. [Bonds.] For the purpose of providing the money necessary to meet the expense of improving said roads the said board of road commissioners, if in their opinion it be advisable, shall issue bonds of such road district, payable at such times as they may de- termine, not exceeding fifteen years, in sums of five hundred to one thousand dollars each, bearing interest at a rate not exceeding six per cent, per annum, payable semi-annually. But such bonds shall not be sold for less than their par value, and the aggregate amount of the bonds of any such road district at any one time outstandmg shall not exceed one hundred and fifty thousand dollars. [Advertisement of sale.] The sale of all such bonds shall be ad- vertised for at least thirty days in two newspapers m such county, and the secretary of such board shall send marked copies of such ad- vertisement to at least ten leading bond buvers m the state or other states, and such bonds shall be sold to the highest bidder Said road commissioners shall have the right to reject any and all bids. Sec AT^n-n. [Levy to provide payment of improvement and redemption of bonds.] When the commissioners o^ /J^, ^/l^ ; ^^^J^ district have determined to improve any road or roads as herein pro V ded in order to provide for the payment of such improvement and to provide for the funds for the redemption of the bonds issued by them under the provisions of this act, together with the interest thereon they shall report the same to the county commissioners who, in addition to the other road taxes authorized by law, shall levy an- nually ipon each dollar of the valuation of all the taxable property of said' road district, an amount not exceedirg three mills upon each dollar o such valuation, and shall continue such levy from year to year until all the roads bv such commissioners designated for improvemen Save been improved as herein provided, and the bonds issued for that purpose! together with the interest thereon, have been paid. Sec-. 4757-X8. [Commissioners to ^^ ^ ""S^^^Tl^^ '"tntTtLTaxeTbyThIm tie7ea"h vea?,"u?der this act, to be 288 LAWS RELATING TO AGRICULTURE. the duplicate of taxable property of such road district, including all cities and villages therein situated, and the same shall be collected by the county treasurer in like manner as other taxes are kept. Sec. 4757-19. [Repair of roads; tax levy.] All improved roads in said district shall be kept in repair by the road commissioners, in the same manner as is provided by the general statutes for repair of roads; and to enable said road commissioners to keep the same in repair, there shall be annually levied by the county commissioners, upon each dollar's valuation of all the taxable property in said road district, an amount not exceeding five-tenths of a mill, as may be deemed necessary by the road commissioners, and the county auditor shall place the amount of taxes levied each year for such repairs upon the duplicate of the taxable property of. the road district, including all cities and villages therein, and the same shall be collected by the county treasurer as other taxes are collected, or by distress or civil action. Sec. 4757-20. [Receipt and disbursement of moneys.] The treasurer of the county in which any such road district is siiuated, shall receive and disburse all moneys arising from the provisions of this act on certificate and orders as herein provided. Sec. 4757-21. [Contracts heretofore entered into declared valid.] All contracts entered into by any acting board of road commissioners appointed by the county commissioners, pursuant to the act passed April 26, 1898, shall be valid notwithstanding any defect that may exist in said act relating to the term of office or duties of any road commissioner. TURNPIKES. Sec. 4758. [When and where commissioners may build turn- pikes; repairs by commissioners of streets in municipalities.] The county commissioners of any county, when they become satisfied that the public interest of their county demands and justify special action for the improvement of the roads therein, may appoint three disin- terested freeholders of their county as commissioners, to view, survey and locate one or more roads, beginning at and leading from the county seat of the county, or such other and eligible points as may be deemed proper, and running by such direct and eligible route as they may find best for the public convenience, and terminating at any point within or at the county line; but they are not authorized or required to con- struct any such road within the corporate limits of the town or city where the county seat is located, when according to the last federal census, more than one thousand inhabitants are contained in such corporate limits ; and for the purpose of improving and repairing those streets in such towns or cities as are a contiuation through the same, of the roads heretofore improved under the provisions of this section, the county commissioners shall cause to be expended, in the manner prescribed by law for repairing such roads, so much of the tax collected therein for turnpike purposes as may be necessary to keep such streets in good repair. LAWS RELATING TO AGRlCULTUR]i. 2y'J Sec. 4759 [Manner in which road must be constructed.] The roads estabhshed and constructed under this chapter shall be opened not more than sixty nor less than forty feet wide, and at least twenty feet ni width shall be turnpiked with earth so as to drain freely to the sides, and raised with stone, brick, gravel or other material equally as good not less than eight nor more than sixteen feet in width nor less than twelve inches thick in the center, and not less than eight inches thick at the outer edges of such bed of stone, brick or gravel well compacted together in such manner as to secure a firm, even and substantial road; but the commissioners may, in their discretion, cause the road to be constructed wholly of earth, when stone, brick or gravel or other material equally as good is not accessible to the line of the road; in no case shall the grade of ascent or descent on the road be greater than seven degrees; [Bridges and Culverts.] The road- shall be well provided with all necessary side drains, waste-ways and under drainings, to prevent overflowing or washing by water and with substantial bridges or culverts at all crossings of water-courses ; which bridges and culverts shall be built as a part of said road, and paid for out of said turnpike funds. But any such bridges (substructure and superstructure in- clusive), the estimated cost of which exceeds five hundred dollars, shall be erected and let separate from the rest of the work, in ac- cordance with the provisions of chapter I of title VI, part one of the Revised Statutes of Ohio. The provisions of section ei^rht hundred and seventy-seven, and section tzuo thousand eight hundred and twenty-five, and secton two thousand eight hundred and thirty-four b (2824b) of the Revised Statutes shall not apply to the making of any of the improvements under this chapter. Sec. 4760. [Powers of county commissioners.] The county commissioners may authorize the commissioners by them appointed to call to their assistance the county surveyor, with the necessary and proper assistance to lay out, survey and locate such turnpike road through or upon any improved or unimproved lands, on the best route between the point of beginning and termination, and to obtain by grant, or take propositions for the purpose from the owners of land over which the road will pass, the right of way, and to take timber and other materials necessary to the construction and repair of the same. Sec. 4761. [Compensation and damages; filing amount to save costs; locating over other roads.] When said commissioners and the owner or owners fail to agree as to the amount of compensation and damages, then the same shall be ascertained and determined by the board of county commissioners, and if said board of county com- missioners and the owner or owners fail to agree as to the compensation and damages, or when the owner is unknown, nonresident, not personally served in writing with amount of compen- sation and damages tendered him or them by the county commission- ers, or incapable of contracting, then the same shall be ascertained and adjusted by proceedings had in the name of the county commission- ers, under the law providing for the appropriation of private property by cities and villages ; provided, however, when any owner or owners 19— F. H. B. 290 LAWS RELATING TO AGRICULTURE. not unknown, or not nonresident, who have not been personally served in writing with amount of compensation and damages tendered him or them by the county commissioners, or not legally incapacitated from entering into a contract, and said commissioners fail to agree as aforesaid, they shall cause to be filed with the proceedings brought in the name of the county commissioners, the amount of compensa- tion and damages by them tendered in writing to such owner or owners, and unless said owner or owners shall be allowed by the jury in said proceeding, compensation and damages in excess of the amount allowed and tendered by said commissioners, then said owner or owners shall pay all costs made in said proceedings in the name of the board of county commissioners; and the county cornmissioners may authorize the viewers or commissioners by them appointed to lo- cate the road upon the whole or any part of any state, county, or township road heretofore laid out and established within the county and widen, alter, change, or vacate the same, or any part thereof, sub- ject to the rules as to compensation for property appropriated as aforesaid. Sec. 4762. [County commissioners may require donations.] Be- fore determining upon the location or establishment of any such turn- pike road, the county commissioners may require donations of money, and written agreements on the part of taxpayers of the county subject- ing thiv. taxable property to taxation annually, to ?id in the location and construction of the same during the term of years named therein, and at the rate ^-herein specified, which agreements <;T al; be filed and recorded in the office of the county auditor, and from the tinie of such filing and recording shall operate as a lien upon the real estate of the several partias joining therein as donors for the purpose therein pro- vided ; all revenues derived from donations in money and taxation shall be kept and held as a separate fund in the county treasury, and shall be applicable only to the purposes of locating and constructing such turnpike roads; and if the commissioners determine not to establish and construct such road, then anv money received as donations shall be refunded, and the agreements for donations by taxation, shall be- come inoperative. Sec. 4763. rOuestion of general tax for turnpikes must be sub- mitted to electors.] The commissioners shall not lew anv general tax, nor appropriate anv money, except so far as mav be necessary to pav the expense of preliminarv survevs alreadv commenced, or anv other liabilities alreadv incurred, to be expended in the construction of such turnpikes, without first submitting to the qualified voters of the county the question as to the policv of constructing such roads by general tax, which submission shall be made at anv annual spring or fall election; and the commissioners shall cause public notice of such vote to be eiven by publication in all the newspapers printed and of gen- eral circulation in the ^ountv, and also bv causing hand-bills to be posted UP, at the usual p:ace of holding elections, in each township and ward throuehont the county, at least fifteen davs prior to such election ; provided, that in anv county in which such question has heretofore been submitted, under the authority of an act entitled "an act to authorize county commissioners to locate and construct turn- LAWS RELATING TO AGRICULTURE. 291 pike roads," passed April 30, 1869, and acts amendatory thereto, and in which, at such election, the majority of the votes cast were in favor of such policy, no vote shall be again required to authorize the com- missioners to continue such tax and improve roads as provided for in this chapter. Sec. 4764. [Conduct of the election.] The judges of such elec- tion in the several townships and wards in any county in which such question is submitted, and such notice given, as aforesaid, shall open a poll for taking such vote, receive and count the ballots cast, and within three days thereafter return to the auditor of the county a full and correct abstract of the votes, and shall in all respects be governed by the laws regulating general elections, and be entitled to the same compensation for returning the poll-books, which shall be paid out of the county treasury on the order of the auditor ; and the poll-books so returned shall, within five days from the day of holding such election, be opened, and the votes counted by the commissioners and auditor of the county, and a correct statement of the result shall be kept by the auditor on file in his office for public inspection. Sec. 4765. [Question may be again submitted.] If at such elec- tion a majority of the votes so cast be against the policy of construct- ing, such turnpikes, the commissioners shall not assess any tax for that purpose, but they may, on petition of not less than one hundred tax- payers of the county, again submit the same question at any regular annual election, either in the spring or fall, to the qualified voters of the county, notice of which shall be given and the election conducted in all respects in the manner prescribed in the two preceding sections. Sec. 4766. [Effect of an affirmative vote.] If at any such elec- tion a majority be found in favor of the construction of such turnpikes, the commissioners may proceed to levy taxes, issue bonds, and appro- priate and expend money in the construction of such turnpike roads, as in their judgment may be necessary to the public convenience, and promotive of the public interest. Sec. 4767. [When an assessment may be made.] When the county commissioners receive or require donations of money, or writ- ten agreements on the part of taxpayers subjecting their taxable property to taxation annually, to aid in the location and construction of such roads, and a majority of the taxpayers within the boundaries of the road sign such subscription or agreement, the commissioners shall thereupon be authorized to levy the amount thereof upon all the tax- able property within the boundaries of the road, according to the ben- efits to said property, taking into consideration any assessments that have been heretofore made ; and the boundaries of the road shall not be taken to include any property, that does not lie withm two miles of such contemplated improvement. Sec 4768. [When a tax may be levied and how much.] Upon the location and establishment of any such turnpike road by the county commissioners, and after an afiirmative vote by the electors, they may for the purpose of aiding in the construction, and to provide a 292 LAWS RELATING TO AGRICULTURE. permanent fund for the maintenance and expense thereof, levy an- nually, in addition to other road taxes authorized by law, a tax tor turnpike road purposes of not more than six mills on the dollar ot valuation on the grand duplicate of taxable property in the county, and to continue such levy from year to year, until the road or roads which have been commenced are completed. Sec. 4769. [Restriction of the levy ; county bonds may be issued.] No such taxes shall be levied on any lands which have heretofore been assessed for the construction of any free turnpikes, or impoved road or roads, already constructed, or in the course of construction at the time of the levy of the tax unless the amount that would be ratably levied upon such lands exceed the amount of such assessment, and in such case such excess only shall be levied and collected; and for the purpose of raising the money necessary to meet the expenses of such improvements, the county commissioners may, if in their opinion the same be advisable, issue the bands of the county, payable at such times as they may deem advisable, with interest not exceeding the legal rate per annum, payable semi-annually, and which bonds shall not be sold for less than their par value. Sec. 4770. [Records to be kept, and how payments made.] The commissioners shall cause to be kept by the county auditor a full rec- ord of all the proceedings in the location, establishment, and construc- tion of the road, together with accurate accounts of receipts and ex- penditures of money under the provisions of this chapter; and no money shall be drawn from the treasury except to pay liabilities already accrued, and then only in pursuance of orders caused by the commis- sioners whilst in session as a board, to be entered upon the record of their proceedings, and by orders drawn by the county auditor, upon the county treasury, in favor of the persons to whom such money is due. Sec. 4771. [Letting the work.] The work of the construction of such roads shall be let publicly by the county commissioners to the lowest responsible bidder, after due notice given of such letting by publication in one or more newspapers published or of general circula- tion in the county, or by hand-bills, or both ; for that purpose the com- missioners shall cause the same to be divided into convenient sections, and each section numbered from the county seat, or other point named as the place of beginning, toward the termination, and shall let the same by sections, with proper specifications of the various kinds of labor required on each section ; and bidders shall be required to separ- ately state their bids for each class of work, in such manner as the commissioners shall provide, and each contractor shall be required to give bond, with sufficient sureties, for the performance of his con- tract, payable to the county commissioners, for the use and benefit of the county, and with the necessary specifications and stipulations on the part of the contractor inserted therein. Sec. 4772. [Payments to be made on estimates.] In all cases the construction of such roads shall commence at the point of begin- ning, and no payment for work or material shall be made except upon Laws relating to agriculture. 29S estimates niadc by the surx eyor or engineer employed b^• the commis- sioners, and by him duly certified, of work actually done or n a eri^ s actually urnished, or both, and after reserving such per cen a may Ihe ^ame ■'' ' ^''''''' ''' '''' '"'""■"''' '° guarantee' performancT of Sec. 4773. [Compensation of viewers, etc.] The viewers sur- veyor or engineer, and their asistants. shall be entitled to receive the same compensation for their services required under the provisions of this chapter, as is now allowed hv law in the construction of countv roads. ^ Sec. 4773-1. [Construction of free turnpikes by county com- missioners.] Whenever a majority of the landowners along any con- templated route, having given notice for thirty days by publication in some newspaper published in the county of their intention so to do, shall present their petition to the board of county commissioners of any county praying for the estabhshment and construction of a free turn- pike road along such contemplated route, designating in the petition the place of beginning and terminus of such proposed road, [Employment of engineer.] The commissioners of such county, if they deem the construction of such road advisable and of general public interest, are hereby authorized to call to their assistance a com- petent engineer who, with them, shall determine the line of location of such road connecting the beginning and terminus points designated, and the width of the road which shall not be less than thirty feet nor more than sixty feet ; [Engineer to furnish plans, etc.] And said engineer shall deter- mine the full cost and expense of making said improvement, and furnish plans, profile and specifications for the construction thereof. Sec. 4773-2. [Security for cost; order of commissioners.] Upon the payment into the county treasury of, or securing by proper bond to the state of Ohio for the use of the county to the approval of the commissioners for the payment of twenty per cent, of the total cost of the construction of said road, which cost shall include the cost of engineering, superintending, grading, macadamizing, and culverting said road, the said county commissioners are authorized to order the construction thereof. Sec. 4773-3. [Rights of way; how obtained.] Unless said road be constructed along some public highway, the petitioners therefor shall procure and furnish to the county, free of charge, grants of the right of way therefor. But if such grants and right of wa)' cannot be obtained by the petitioners over any tract or tracts of land, the county commissioners, after ordering the construction of said road, may con- demn the right of way over such tract or tracts of lands, [Cost of condemnation proceedings to be paid by petitioners.] The costs and expenses ofwhich proceedings and the amount to be paid as a compensation for the land appropriated and the damages sustained 294 LAWS RfiLAMNfi to ACSRICULTURE. ^ by reason thereof shall be paid by the petitioners for said road, and the right of way secured to said county free of charge to it before any contract for the construction of said road shall be entered into pr any work thereon shall be done. And if the same be not paid within a time fixed by the county commissioners, and said right of way secured to the county free of charge to it, their order authorizing the construc- tion of such road shall thenceforth be invalid. Sec. 4773-4. [What laws apply to construction of such turn- pikes.] All of the provisions of the general laws of this state for the construction of free turnpikes, and the condemnations of rights of way, and of materials shall be applicable in this act when not herein specially otherwise provided for. Sec. 4773-5. [Levy to pay cost of construction; bonds.] The commissioners, for the payment of eighty per cent, of the total cost of said road, shall levy a tax not exceeding two mills on the dollar upon all the taxable property of the county, and if they deem it advis- able may issue bonds for said payment, which shall be payable in not niore than five years, and to bear not exceeding six per cent, interest per annum, interest payable semi-annually; but bonds so issued shall not be sold for less than their par value. ONE-MILE ASSESSMENT PIKES. Sec. 4774- [Petition for free turnpike.] Free turnpike roads shall be authorized, and commissioners appointed to lay out and establish the same in the following maner ; a majority of all the landholders re- siding in the county, who own lands lying within the bounds of any free turnpike, as provided in this chapter, shall present a petition to the board of county commissioners at any regular or special session, asking the appointment of commissioners to lay out and establish a free turnpike road between any points within such county, and stat- ing therein that they desire the county commissioners to levy an extra tax, the amount of which shall not exceed ten mills on the dollar val- uation in any year, on the lands and taxable property within the bounds of the road, and also the number of years they desire the levy to continue, not exceeding twenty-five years ; and they shall satisfy the commissioners that public notice has been given by advertisement in some newspaper of general circulation in such county, of such intended application, for at least four consecutive weeks preceding the hearing of such application. Sec. 4775. [Appointment of road commissioners.] Thereupon the commissioners shall appoint three judicious freeholders of the county resident within the bounds of said road, to be commissioners of such free turnpike road, who, by the name fixed bv the county commissioners, shall be a body corporate, for the purpose of laying out and establishing a free turnpike road between the points within such county named in the petition, and the count}- commissioners shall appoint such persons to be commissioners of such free turnpike road as may have been recommended by petition of a majority of the land- owners if any such recommendation be so made ; the petition and the LAWS RELATING TO AGRICULTURE. 295 oFthl" nrnJ^3 H" '"'^ Tlu'^'u^'^T'^r' '^'^^^ ^^ ^"^ered upon the minutes of the proceedings of the board of county commissioners, and a cer- £i n^^i-^K'"'^ '"''^ furnished to the road commissioners, by the cleik of the board, upon demand therefor; and the board of county commissioners may remove for cause, any or all of the commissioners of any free turnpike road, when petitioned so to do, by a majority of all the land owners residing within the county, who own lands within the bounds of such road; but on the removal of any such commissioners, the vacancy shall be at the same time filled by the appointment of some other free holder of the county; and the commissioners shall appoint such person as may have been recommended by petition of a majority of the land owners if any such recommendation be so made. Sec. 4776. [Road to be laid out, and returns to county commis- sioners.] The commissioners, so appointed by the board of county commissioners, and who qualify as hereinafter provided, shall, within a reasonable time, proceed to lay out and establish such free turnpike road within the points named in the petition, and as soon thereafter as the same can be done return to the board of county commissioners a map and profile of such road, including upon the map, as near as can be done, the names of the landowners whose property may be liable to be taxed for its construction, as hereinafter provided, together with a statement of the probable cost of building and completing the road. Sec. 4777. [Levy of taxes to construct and repair such turnpike.] The board of county commissioners shall immediately thereafter trans- mit to the auditor of the county said map, profile, and statement as returned to them by the road commissioners, and shall at the same time direct the auditor to levy upon the grand duplicate of the county, for the purpose of constructing, improving and repairing such road, the amount of the tax, and for the number of years petitioned for; and the auditor shall enter the same upon the duplicate for collection, on all the lands and taxable property within the bounds of the road, as laid out and established, in the same manner and subject to the same pen- alties and forfeitures as other taxes are entered thereon for purposes of collection ; but no such tax shall be levied for an amount or for a term of years greater than that set forth in the petition. Sec. 4777a. [When road shall not be constructed nor tax levied.] If at any time it shall be ascertained by the board of county commis- sioners, by the report of the road commissioners appointed by them or otherwise, that the property upon the tax duplicate for the purpose of raising a fund for the construction of any free turnpike or road, under the provision of this chapter, heretofore granted or hereafter to be granted and about to be constructed, will not be sufficient during the time for which extra taxes may be levied arid collected as provided in this chapter to build and construct a good road or the kind of road provided for by this chapter, the county commissioners shall, pro- vided that no bonds have been issued that remain unpaid or if there are no unpaid certificates outstanding for work and labor done on said road or proposed road, order that said work on road or proposed road shall not be done, and shall at once notify the road commissioners of this order, and the county auditor not to levy any further tax or any 296 LAWS RELATING TO AGRICULTURE. tax for said road or proposed road, and all extra taxes heretofore levied for said road or proposed road and not paid shall not be treatea as delinquint taxes but by like order be canceled off the tax duplicate against the lands and personal property on which they were levied and said road or proposed road shall not be built until the commis- sioners are fully satisfied that the extra taxes to be levied will build a good and sufficient turnpike road as contemplated by the provisions of this chapter for that purpose. Provided, further, that if the county commissioners should fail or refuse to act upon information coming to them that any such road cannot be built for the extra taxes to be levied for that purpose as provided in this chapter, then in that event any taxpayer who is interested may enjoin the construction of any such road heretofore or hereafter granted on which no bonds have been sold and where there are no certificates of indebtedness out- standing. Sec. 4778. [Abatement of taxes.] If at any time after the first levy is made, the commissioners of any free turnpike road are satisfied that the road can be built with a less sum than is provided in_ the pre- ceding section, the auditor shall, on the order of the commissioners of the road, reduce the extra tax, or abate it entirely. Sec. 4779. [Collection of tax; definitions.] The county treas- urer shall collect the extra tax in the same manner as state and county taxes are collected; provided, that the words "bounds of the road," and "line of the road," wherever used in this chapter, shall be held to include so much land on either side, of such road as may be charged with such extra tax. Sec. 4780. [Bond and oath of road commissioners.] The road commissioners shall severally execute a bond payable to the state, for the use of the county in which the road is located, with good and suffi- cient sureties, to be approved by the board of commissioners of the county, and in such sum as the board think proper, conditioned for the faithful performance of their duties as such road commissioners, and shall moreover each take an oath faithfully and honestly to discharge their duties, before they shall be authorized to do or perform any mat- ter or thing under this chapter ; and the commissioners after qualifying shall immediately meet, and organize their board by choosing one of their number as president thereof, and within a reasonable time there- after proceed to view, locate, and establish such free turnpike road, in the manner provided in this chapter. Sec. 4781. [Powers and duties of road commissioners.] The road commissioners may appoint superintendents, and such other agents as they may deem necessary to carry into effect the provisions of this chapter; a majority shall be a quorum, and have power to trans- act any business and exercise any power devolving upon or intrusted to them by this chapter, and they shall keep a record of their proceed- ings, which shall at all times be open for inspection, by any person interested, or desiring to inspect the same. LAWS RELATING TO AGRICULTURE. 2Vl7 Sec. 4782. [Further powers of such commissioners.] The com- missioners may receive subscriptions and donations, in money, or real or personal property, which shall be applied to the construction of the road ; they may make contracts for constructing the road in a solid and durable manner, and keeping the same in repair; they may open and finish the road in the first instance, along such portions of the line thereof as are available for travel or transportation; they may purchase and procure all necessary implements and fixtures to pre- serve the road, and contract for and purchase such stone, gravel, and other material as may be necessary for its construction and repair; and if the commissioners and owners of such material cannot agree on a price deemed fair and reasonable, the commissioners may apply to the judge of the probate court of the county to appoint appraisers to assess the value of such material. Sec. 4783. [Assessment of damages for material taken, etc.] On the filing of such application the probate judge shall appoint three dis- interested freeholders, who, after being duly sworn to impartially assess the value of the material, or any part *' _.eof, shall enter upon the premises of the owner of such materials, and assess the value there- of, and the damages that will accrue to the owner by the removal thereof through his premises, and within ten days after appointment return their award to the court; thereupon the probate judge shall re- quire the commissioners to pay for or give security for the payment of all material to be taken, and damages done to the owner of the premises, and in ten days after the return of the award, on application of the commissioners, furnish them a copy of the same ; and they may thereupon enter upon the lands, either inclosed or uninclosed, and remove such stone, gravel, or other material, unless an appeal has been taken as provided in the next section. Sec. 4784. [Appeal from the assessment.] An appeal from the decision of the appraisers may be taken by either party to the court of common pleas, within twenty days after the rendering of the award, upon the appellant entering into an undertaking to the adverse party, in a sum not less than fifty dollars, and in all cases not less than double the amount of such award. Sec. 4785. [Road commissioners may sell donated land.] The commissioners may receive donations of land to aid in the construc- tion of the road, and sell and convey the same in fee simple, and they may take releases of the right of way. Sec. 4786. [Upon what property taxes to be assessed.] Extra taxes, when levied as hereinbefore provided, shall be on real and per- sonal' property within one mile on each side of the free turnpike road, except where any road improvement or free turnpike road, or any toll road, or unimproved state or county road, being unconnected with the same runs upon either side of such proposed road, within less than two miles then the extra taxes shall only be levied upon such lands and personal property as lie within one-half the distance of such roads. 298 LAWS RELATING TO AGRICULTURE. Sec. 4787. [No division of territory or taxation to be made.] No division of territory, or division of taxation of lands or personal property, shall be made wfith any other road improvemerit, free turn- pike road, or state or county road, except as herein provided for, nor with any township road ; but if the road commissioners report to the county commissioners that the extra taxes levied within the bounds of the road are insufficient to make a good and substantial road, the county commissioners, if in their opinion the public interest requires it, may order the road commissioners to extend the bounds of the free turnpike road to one mile on either side of the same, when a majority of the resident landowners owning land within the bounds of the territory proposed to be extended sign a petition therefor; but if a turn- pike road runs upon either side of such free turnpike road, within less than two miles, the taxes shall be levied upon such lands and personal property as lie within one-half the distance of such roads. Sec. 4788. [How township road tax and labor applied.] So much of the taxes annually levied for road purposes by the trustees of tovvn- ships which may be collected within the bounds of any free turnpike road, including the two days' labor authorized by law, shall be ap- plied in the construction of said road under the direction of the road commissioners, and the payment of the principal and interest of bonds, if any have been issued therefor. Sec. 4789. [When trustees fail to apportion road labor.] If, be- fore the 'completion of the road, the trustees fail to direct the super- visors of any road district, the whole or any part of which is within the bounds of any free turnpike road, to apportion the labor provided for in the preceding section, annually, before the first day of May, and to give notice thereof in writing to the commissioners aforesaid, then all persons liable to do two days' labor, annually, on the public highways, residing within the bounds of any free turnpike road, shall do the same under the direction of the commissioners or agents of such road. Sec. 4790. [When road work to be done.] All such persons shall perform such labor, after being notified three days previous to the time of doing the same, between the first day of April and the first day of July; but they may pay to the superintendent the sum of three dol- lars, in lieu of said two days' work, if paid when notified to do the work ; and in case of refusal or neglect to do the same, the person so oflfending shall pay a fine of one dollar, and shall further be liable, in case of nonattendance, to the amount allowed for two days' work, to be collected by the road commissioners, in the same manner that super- visors are authorized to collect in similar cases. Sec. 4791. [Road tax paid into county treasury to be refunded.] So much of the taxes mentioned in section 4788 levied and collected on taxable property within the bounds of any free turnpike located under the provisions of this chapter, which is not discharged in labor, and which is paid into the county treasury, shall be paid by the treas- urer, upon the warrant of the county auditor, to the road commission- ers of such free turnpike to be expended by them in constructing such free turnpike road, and applied to the payment of the principal and in- LAWS RELATING TO AGRICULTURE. 299 terest of bon.ds, if any shall have been issued therefor; and this provi- sion shall apply to such taxes as shall have been levied heretofore and nave not been paid to township trustees. When two or more free turnpike roads meet or cross each other, the county commissioners ot any county through or in which any such roads, or any part thereof, may be located, may make such equitable division or apportionment of the taxes, other than extra taxes, among such roads as they deem proper, the same to be discharged in labor in the construction of such road under the direction of the road commissioners, or paid to them in money, as hereinbefore provided. Sec. 4792. [Road commissioners to make annual settlement.] The road commissioners shall, annually, on the first Monday in Decem- ber, make a full settlement with the county commissioners of the sev- eral counties in or through which their respective roads are located, and shall file with them a statement of all their receipts and expen- ditures within the county, and deposit a copy thereof in the auditor's office of the county. Sec. 4793. [Settlement to be enforced by action.] Should such commissioners fail to make settlement as provided by the preceding section, the county commissioners shall, at the next term of the court of common pleas, of the county, cause an action to be instituted against them in the corporate name of the road, to enforce such settlement. Sec. 4794. [Duplicate is prima facie evidence.] Such action shall be conducted by the prosecuting attorney of the county, and such delinquent commissioners shall be held prima facie liable for the full amount of taxes and money which were applicable to the construction of the road as the same appears upon the tax duplicate of the county ; and in all cases judgment shall be rendered against them for all the costs of the suit. Sec. 4795. [The road commissioners are a body corporate.] The road commissioners and their successors shall be a body corporate, under such name as the commissioners of the county may designate, for the purpose of carrying into effect the provisions of this chapter; they shall prosecute for all obstructions to the road, or for injuries done to the same, or to bridges thereon; the amount recovered in each case shall be the amount of damages actually found by the court or jury, and the interest thereon; and in all cases the commissioners shall have a right to sue, either before a justice of the peace, or in the court of common pleas of the county, as in other cases, and the amount so collected in each case shall be used for the benefit of the road, and be paid over to the commissioners. Sec 4796 [One-mile assessment pike must be accepted by county commissioners.] When the road commissioners deem they have their road completed in a good substantial manner, bv the bridges and cul- verts thereon having been built, and the road graded and macadamized, thev may make application to the board of county commissioners to receive the same ; the countv commissioners shall, withm a reasonable time after the filing of such application, proceed upon actual view to 300 LAWS RELATING TO AGRICULTURE. examine the same, and if, upon such examination, it be their opinion that such road is in suitable condition to be received as completed, they may receive the same, and such road m'ay be kept in repair as provided in chapter ten; and when the free turnpike road has "been completed and received by the county commissioners, they shall ^enter such finding upon their journal, and the county auditor shall certify such finding to the trustees of the several townships through which any part or all of the road runs, giving the name and description of the same; and when such road is paid for, and its bonds and coupons, if bonds have been issued thereon, shall have been redeemed, the road commissioners shall, by order of the county commissioners, cease to be a body corporate. Sec. 4797. [Pay of officers, and vacancies.] The commissioners, superintendents, and agents of the road shall be allowed one dollar and fifty cents per day for every day actually employed on the business of the road ; and when any vacancy occurs in the board of commissioners by death, resignaltion, or otherwise, the commissioners of the county shall, when notified thereof, fill the same. Sec. 4798. [Certain expenses to be paid by county.] The ex- penses of surveying and locating the road shall be paid out of the county treasury, and the other expenses incident to the construction of the road shall be paid out of the funds appropriated by this chapter to the construction of the same ; and the sum paid the surveyor and his assistants shall not exceed the customary wages per day for every day they may be actually employed in locating and surveying the road. Sec. 4799. [Who may sign petitions.] All petitions to the county commissioners to appoint commissioners to lay out and estab- lish free turnpike roads and to levy an extra tax for the construction thereof, and all remonstrances against either, shall only be signed by resident freehold taxpayers within the county in which the road is proposed or situated, owning lands within the bounds of the road, as described in section four thousand seven hundred and eiyhty-six ; and in determining such majorities, minor heirs shall not be counted for or against the road or extra tax, unless represented by legal guardian, and the action of such guardian shall be binding upon such minor heirs, or owners, of an undivided estate, and such guardian shall only be entitled to one vote for or against such road or tax, and the name of any person who has acquired title to any real estate lying within the territory of such proposed road improvement by deed, gift, or in any otiier manner for the purpose of making such person a petitioner for or a remonstrator against such improvement, shall not be counted in favor of, or against the road, or tax. Sec. 4800. [One-mile assessment pike; bridges; material for re- pairs.] The county commissioners shall build any or all of the brido-es and culverts upon the roads provided for in this chapter, contract, and pay for ail material used in the construction or repair of such roads', and in case the county commissioners and any owner of any material'can- not agre.; upon the amount to be paid therefor, then tlie county com- missioners shall have all the rights and powers of applying to the LAWS RELATING TO AGRICULTURE. 301 probate court of the county to appoint appraisers to assess the value of such material and the damage accruing to lands by reason of the removal thereof, as are conferred on road commissioners by sections four thousand seven hundred and eighty-two and four Ihonsand seven hundred and eighty-three. Sec. 4801. [How road may be made toll road.] When two con- secutive miles or more of 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, and three-fourths of the resident freeholders on the road, as described in section four thou- sand seven hundred and eighty-six, after giving notice as required in section four thousand seven hundred and seventy-four, petition the county commissioners therefor it shall be their duty to authorize the commissioners of the road to place a gate or gates on their road, and charge srich rate of toll, when added to the common tax of the grand levy and the two days' work, as will keep the road in good re- pair; but no greater rate of toll shall be charged than is allowed by law to turnpike roads ; and the road commissioners shall continue to man- age such free turnpike road, and have the benefit of all laws regulating turnpike roads, in the collection of tolls, and other matters pertaining to the maintenance and preservation of the road. Sec^8o2. [How location of road may be changed.] The board of county commissioners of any county may change the location of any part of any free turnpike road, in the same manner and on the same conditions that they are by law authorized to change the location of part of a county road ; and the same laws applicable to the alteration of county roads shall be applicable in such cases to free turnpike roads. Sec. 4803. [How claims for damages to be settled.] All claims for damages arising out of the location of any free turnpike road shall be settled in the manner prescribed in chapter [s] tzvo and four in like cases. Sec. 4804. [When petitioners reside in different counties.] When the resident landowners along any road in this state, the bounds of which under the provisions of this chapter, extend into different counties, wish to improve the same under the provisions of this chap- ter, they shall petition the boards of county commissioners of their respective counties as required by section forty-seven hundred and seventy-four of the Revised Statutes of Ohio ; an in such case, the com- missioners of the different counties may join in carrying out the pro- visions of this chapter by severally appointing commissioners to lay out and establish a free turnpike road, in all respects as if said peti- tioners reside wholly in one county; provided, that when a free turn- pike road sought to be laid out under the provisions of this chapter lies whollv within one county, but within one mile of the county line upon either side of such proposed road, upon the petition of a majority of the resident landowners within said county as provided by section forty-seven hundred and seventy-four of the Revised Statutes of Ohio, then the extra taxes shall be levied on the real and personal prop- erty that lies in such county within the bounds of such proposed road 902 LAWS RELATING TO AGRICULTURF. as provided by section forty-seven hundred and eighty-six of the Revised Statutes of Ohio. Sec. 4805. [Proceedings on such petition.] The commissioners so appointed shall qualify, as in this chapter provided, and shall imme- diately proceed to lay out and establish such free turnpike road and severally make return to the board of county commissioners of their respective counties, of a map, profile, and estimate of the cost of con- struction of the free turnpike road, as provided in section^ forty-seven hundred and seventy-six; and the board of county commissioners of each county shall immediately transmit such map, profile, and estimate, to the auditor thereof, and shall at the same time levy upon the grand duplicate of the county, for the period and under the limitations men- tioned in this chapter, any amount of money that may be required, not exceeding ten mills upon the dollar valuation in any year, on ail the lands and taxable property in the county within the bounds of such free turnpike road, as provided in section forty-seven hundred and seventy- four, and shall certify such levy to the county auditor in the manner provided in section forty-seven hundred and seventy-seven; and the respective county auditors shall be governed in all respects by the provisions of said sections in entering said levies upon the duplicate for collection, and in all other matters pertaining thereto, in conformity to this chapter. Sec. 4806. [Petition for road on county line.] Such boards of road commissioners, in all of their subsequent joint acts pertaining to the construction and repair of [any] such free turnpike road, shall be governed in all respects by the provisions of this chapter, and to the same extent as if the road were laid out and established wholly in one county ; but when resident landowners desire to make a free turnpike road on a county line between two or more counties, and there are no resident land holders in one or more of such counties, within the -bounds of the proposed road, a copy of the petition presented to the commissioners of the county in which there are resident land owners within the bounds of the proposed road, if the same be allowed, and the road be established by the commissioner [s] of such county, shall be presented to the commissioners of the county in which there are no resident land owners within the bounds of the road, and they shall act on the same in all respects as if the petitioners were residents of such county. Sec. 4807. [The line of a state, county, or township road may be occupied.] In laying out and establishing free turnpike roads under and by virtue of the provisions of this chapter, it shall be lawful to lay out and establish the same, in whole or part, upon the line of any state, county, or township road, or upon any two or more of such roads. Sec. 4808. [Road commissioners may issue bonds therefor; dis- position of taxes when collected.] The commissioners of any free turnpike road, whenever they deem it necessary for the purpose of constructing a free turnpike road, completing the same, or liquidating any indebtedness on account thereof, are authorized to issue bonds LAWS RELATING TO AGRICULTURE. 303 r^Hfn^i^^* *^ 1°""^^ treasury, in installments, at intervals not ex- ceding the number of years for which the special tax provided for in this chapter has been levied, bearing interest not exceeding six per centum per annum, payable semi-annually; which bonds shall not be sold for less than par, and shall be registered by the county auditor, previous to their issue, in a book by him kept for that purpose ; such registry shall show the number of each bond issued, the amount for which issued, the rate of interest which it bears, and when the same is payable ; and the extra taxes levied under the provisions of this chap- ter shall be divided in such manner as to meet the payment of the interest and principal of the bonds; and when collected the money arising therefrom shall be applied by the treasuer of the countv to the payment of said bonds and interest upon the warrants of the county auditor, and in discharging any other indebtedness incurred on account of said free turnpike, upon the warrant of the county auditor first authorized in writing by the commissioners of said free turnpike. Sec. 4809. [How two or more roads may be consolidated.] It shall be the duty of the county commissioners to consolidate two or more free turnpike roads that are so situate that by one ending in an- other, or by one crossing another, or otherwise, they form continuous line or lines of travel, if they are satisfied the consolidation will be to the benefit of the roads and the public, and enter upon their minutes an order consolidating the roads, and appointing commissioners for the consolidated road, who shall have all the powers, and perform all the duties, in relation thereto, prescribed by this chapter; and from and after the organization and qualification of such commissioners, the powers of the commissioners of the several roads so consolidated shall cease, and the roads shall thenceforward constitute one free turnpike road, to which all the laws relating to free turnpike roads in force from time to time shall apply, the same as if such [road] had been originally so established. Sec. 4810. [How existing levies to be applied.] Any levy of extra taxes for either of such roads existing at the time of such consoli- dation shall be worked out, or collected and applied according to law, for the purposes of that part of such consolidated road for which they were made ; and all money in the treasury or elsewhere, arising from any extra tax for either of such roads, shall be applied in like manner; but the commissioners of the consolidated road shall have the same powers as to reducing or a'bating such levies as are or may be provided by law for commissioners of free turnpike roads. Sec. 481 1. [Commissioners of consolidated road to have charge of all property.] Upon the organization and qualification of the com- missioners of such consolidated road, the commissioners of the several roads forming the same shall settle their accounts with the county commissioners, and deliver up all money or other property, and also all records, books, and papers belonging or pertaining to such roads, to the commissioners of such consolidated road. Sec 4812 [Free turnpikes; completion of.] The provisions of this chapter shall extend and be applicable to all free turnpike roads '*^04 LAWS RELATING TO AGRICULTUR15. heretofore built, now in process of construction, or hereafter to be con- structed; and aj^ny time when the county commissioners shall deem it necessary for the purpose of providing the means for completing the same and liquidating any indebtedness incurred on account of such road, they may continue the tax originally levied for constructmg the same, for a period not exceeding, in the aggregate fifteen years, m ad- dition to the levy made on petition, as provided in section 4777- Sec. 4812a. [One-mile assessment pikes; when commissioners may issue new bonds.] If at any time it shall be ascertained by the road commissioners that the property upon the tax duplicate for the purpose of raising a fund for the construction of any free turnpike road, under the provisions of this chapter, heretofore built, now in pro- cess of construction, or hereafter to be constructed, has by any cause been reduced, so that said dupHcate will not produce a sufficient fund to liquidate all bonds issued. by the road commissioners under the provisions of this chapter, as the same shall become due, with the interest thereon, said road commissioners shall have power, and are hereby authorized to issue new bonds, for the purpose of paying off all such bonds and the interest thereon ; provided, that the time for the payment of said new bonds shall not be extended beyond the time limited by the provisions of this chapter, for the levying of taxes for the construction of one mile assessment pikes. Sec. 4813. [Certificates of labor receivable for road tax.] Cer- tificates from the road commissioners to persons owing any free turn- pike tax, for labor performed in discharge of the same, shall be receiv- able by the treasurer of the county, at the December collection of taxes, in payment of such tax; and such certificates shall specify the amount of taxes so paid, and shall in no case exceed the amount of ex- tra tax cnarged against such person upon the duplicate of the county. Sec. 4814. [Unpaid indebtedness of free turnpike road company.] When the right of any free turnpike road company to levy special taxes to pay the orders, bonds or other indebtedness issued by it has ceased, leaving outstanding orders, bonds or other indebtedness un- paid, and their payment unprovided for, the commissioners of such road company shall immediately make out and deliver to the auditor of the county in which such road or any part thereof is situated, a complete and perfect list of all such indebtedness for the payment of which they have no funds or means of payment with a description in detail of such indebtedness as to date, amount, rate of interest, if any, and when payable, which list shall be verified by said commissioners ; and the county auditor shall lay the same before the county commis- sioners at their next regular session thereafter. Sec. 4815. [Taxation to pay same.] At any regular session of the county commissioners, at which such list is laid before them, they shall immediately proceed to ascertain the aggregate amount of such indebtedness, including interest in case it draw interest, and adding thereto an amount sufficient to pay the expense of assessment and collection, and to cause the same to be assessed upon the same lands and lots as were subject to taxation for the construction of the road LAWS RELATING TO AGRICULTURE. 305 or to pay for the same at the time when the right to tax such lands and lots ceased, according to their true value in money as shown by their valuation contained in the county duplicate. Sec. 4816. [When different rates have been authorized.] When, by the laws in force immediately preceding the time when the right to levy taxes for the benefit of any such road ceased, different rates of taxation were authorized upon the lands adjacent to or lying near any such road, according to their proximity to such road, the amount authorized to be levied by the preceding section shall be so assessed upon those lands as to preserve the same relative proportions between the taxes on the several tracts as formerly ; but the county commis- sioners may in their discretion divide the aggregate of such indebted- ness into installments, not exceeding five in number, and order that one of those installments be assessed and collected annually, and the amount so assessed shall be collected in the same manner as state and county taxes. Sec. 4817. [Pa5mient of such indebtedness.] Immediately after the annual settlement of the county treasurer with the county auditor of any year next after that in which any assessment has been made, as provided in the two preceding sections, the county auditor shall pro- ceed to ascertain the net amount of money collected on account of the indebtedness of such free turnpike road company, and if the amount so collected is sufficient to pay the whole of such indebtedness, he shall proceed to pay all indebtedness of such road company on presenta- tion by his warrants drawn on the county treasurer, payable out of the proper fund, and shall cancel the evidences of such indebtedness and keep them on file in his office; but if the net amount so collected shall be insufficient to pay the indebtedness in full, or the amount of indebtedness has been ordered to be collected in annual installments, the county auditor shall divide the net amount so collected pro rata among the holders of the indebtedness, taking up and canceling the original evidence of indebtedness and issuing new vouchers for the balance unpaid. Sec. 4818. [Special taxes to be applied to debts.] When a free turnpike road is finished according to law, with an outstanding debt unprovided for, and the right to levy special taxes for the benefit of such road has not ceased, such special taxes, when collected, shall be applied exclusively to the payment of such debt, till the same is paid in full. 4819. [Road may be transferred to turnpike company.] The county commissioners, whenever in their opinion the public interest will be subserved thereby, may surrender to any turnpike company any free turnpike or other road in the county, and direct that the taxes levied and collected for such road, and not otherwise appro- priated by law, shall be paid over to such turnpike company, to be expended in constructing or repairing the road, to construct or re- pair which the same were levied. Siec. 4820. [Tax-payers to have stock.] Any turnpike company receiving such surrender shall issue to the persons upon whose prop- 20— F. H. B. B06 LAWS RELATING TO AGRICULTURE. erty taxes have been levied to construct or repair such road, certifi- cates of stock for the amount of taxes by them respectively paid, upon which they shall be entitled to dividends, pro rata, as other stock- holders may be, upon their stock. Sec. 4821. [Toll-gates and toll.J When three consecutive miles of such road has [have] been constructed and finished, according" to law, the directors of such company may establish a toll-gate thereon, and for every additional five miles finished as aforesaid an additional gate, and may demand and receive tolls thereat, at rates not exceeding the rates allowed by law to other companies. Sec. 4822. [Elections of directors.] In elections for directors of such' company each stockholder shall be allowed one vote for each share of stock by him held, and one vote for each fraction greater than half a share. Sec. 4823. [Villages may assist in constructing such roads, and ma^ issue bonds.] Councils of villages are authorized to levy a tax to construct free turnpike roads, or a part thereof, in counties wherein such villages are situate,- and terminating or running through such villages, and for this purpose such councils are authorized to issue the bonds of the villages, payable with legal interest at such times as the councils may deem advisable, and such bonds shall not be sold for less than their par value. Sec. 4824. [Tax to be submitted to electors.] For the purpose of paying such bonds, and the interest thereon, as the same become due, the councils are authorized to levy a tax upon the taxable prop- erty of such villages sufficient for the purpose, not exceeding five mills on the dollar in any year; but such tax shall in no case be levied, nor shall such bonds be issued, until at some regular election, held in such villages, the majority of the qualified electors thereof approve the tax; arid in case the amount to be appropriated for any one road does not exceed the sum of five hundred dollars, the councils may appro- priate and apply the same in money for said road improvement, out of any money on hand, or funds not otherwise appropriated, without issuing bonds or levying a tax, such appropriation to be made by an ordinance passed for the purpose, specifying particularly the amount, and for what road appropriated. Sec. 4825. [When road may be extended to village.] When a free turnpike road in progress of construction terminates within one mile, by way of a public road, of any such village, the council of such village shall have the same power to levy a tax and issue bonds to aid in the construction of such free turnpike road that it would have if the road terminated in the village ; and if the county commissioners having in charge the construction of such road accept such bonds, such free turnpike road shall be deemed to be extended, by way of the public road before mentioned, to the corporate limits of the village ; and the commissioners shall make and publish an order to that effect and thereupon the commissioners shall improve such extension of such free turnpike road, in the same manner as the other parts of the same. LAW'S RELATING TO AGRICULTURE. 307 Sec. 4826. [Time for construction extended, and county to pay for bridges.] When the commissioners of a free turnpike road fail either for want of time or sufficient means, to complete such road, the county commissioners of the county or counties through which it [is] located may grant such extension of time for the completion of the same as to them may seem reasonable and proper; and in all cases of indebtedness for the erection of bridges upon the line of such free turnpike roads, the county commissioners may discharge such indebt- edness, from the treasury of the county in which such bridge or bridges may be located. Sec. 4827. [Road commissioners to make final report.] When the commissioners of a free turnpike road have completed the same, they shall immediately thereafter make a final report to the county commissioners of the total expenditures on the road and deposit their books and papers with the county auditor. Upon the acceptance of said road by the county commissioners, as provided in section 4796 of the Revised Statutes of Ohio, and the approval of said final report said road shall be kept open and in repair, as provided in chapter ten. Any money remaining in the hands of the free turnpike commissioners, shall, upon the acceptance of said road by the county commissioners, be paid into the county treasury and paid out as pro- vided in section 4808'. Sec. 4828. [Vacation of free turnpike road.] When any part of a free turnpike road becomes useless, or remains unopened for the term of five years, after the same has been established, the commis- sioners of the county may, on application of twelve freeholders of the county, appoint three disinterested freeholders to view the same, and report whether such road is useless, or whether it would be of public advantage to vacate it; and if such freeholders report in favor of such vacation, the county commissioners may order the road to be vacated, and the same proceedings shall be had on such applica- tion as are provided on applications to vacate county roads. TMO-MILE ASSES'SMENT PIKES. Sec. 4829. [County commissioners may construct or improve roads.] The county commissioners of any county shall have power, as hereinafter provided, to lay out and construct any new county road, or to improve any state, county or township road, or any part thereof, or any free turnpike road, or any part thereof not completed, or any free road, by straightening or altering the same, and by grad- ing, paving, graveling, planking, or macadamizing the same, and by draining the same in any direction required to make the most conve- nient and sufficient outlet ; [Vacation of roads.] And for such purpose they may, upon further petition, when by them deemed expedient, vacate any "state, county, or township road, or any part thereof, or any free turnpike road, or any part thereof not completed, or any free road, and may improve several roads or parts of roads, or free turnpike roads, or -308 LAWS RELATING TO AGRICULTURE. parts thereof not completed, or any free road, when the same may be united in one continuous road improvement. Sec. 4830. [County commissioners may improve unfinished turn- pike or plank-road.] They may improve, by grading, graveling, or macadamizing any unfinished turnpike road, plank road, or other graded road of five degrees or less, other than such as charge and re- ceive tolls, and when the grading has been already done, arid the bridges and culverts already built, one-half of the cost of such im- provements shall be assessed upon the landowners along and adjacent to the line of the road, as provided in this chapter, and one-half upon the grand duplicate of the county. Sec. 4831. [Two-mile assessment pikes; petition for improve- ment of; viewers; how appointed, and duties of; proviso.] Upon the presentation of a petition stating the kind of improvement prayed for and the points between which the same is asked, signed by five or more of the landholders whose lands will be assessed for the expense of the -same, and the filing of a bond signed by one or more responsible freeholders to whom the petitioners shall be responsible, pro rata, conditioned for the payment of the expenses of the preliminary survey and report, if the improvement be not finally ordered, the commission- ers shall appoint three disinterested freeholders of the county as viewers and the county surveyor, to proceed upon a day to be named by the commissioners to examine, view, lay out, and straighten such road, as in their opinion public convenience and utility require. Provided, that in locating such improvements within the territorial limits of any incorporated village or town, the county surveyor and viewers shall be confined to the platted streets of such village or town. Sec. 4832. [Notice and publication.] The county auditor shall notify the viewers and surveyor of the time and place of their meeting to make the view, and shall also give notice by publication, in a newspaper printed in the county, for three consecutive weeks prior to the meeting, which notice shall state the time and place of meet- ing, the kind of improvement asked for, the place of beginning, inter- mediate points, if any, and the place of termination. Sec. 4833. [Duties of viewers and surveyor.] The viewers, and surveyor or engineer, shall meet at the time and place specified by the commissioners, and, after taking an oath faithfully and impartially to discharge the duties of their appointments, shall take to their assist- ance two suitable persons as chain-carriers, and one marker, and pro- ceed to view, examine, lay out, or straighten such road, as in their opinion public utility and convenience require, and assess and- deter- mine the damages sustained by any person through whose premises the road is proposed to be laid out, straightened, or improved ■ but the viewers shall not be required to assess damages to any person except minors, idiots, or lunatics, in consequence of the appropriation of anv private property for the making of the improvement, unless the owner thereof, or his agent, file a written application with the viewers P-iv ing a description of the premises on which damages are claimed bv them. ■' LAWS RELATING TO AGRICULTURE. 309 Sec. 4834. [Appeal from assessment.] All applications for dam- ages shall be barred, unless they be presented as above required, and any person feeling aggrieved by the assessment made may demand of the commissioners to have the same assessed by a jury; in which case the claimant may appeal to the probate court of the county, and the same proceedings shall there be had, and like orders and judg- ments rendered, as are provided in chapter four; but the guardian of any minor, idiot, or insane person may act for his ward, and all his acts shall be binding upon the ward. Sec. 4835. [Report of viewers to commissioners.] The viewers and surveyor or engineer, shall make a report to the commissioners at their next regular session, showing the public necessity of the contemplated improvement, the damages claimed, and by whom, the amount assessed to each claimant, an estimate of the expense of the improvement, and the lots and lands which will be benefited thereby, and ought to be assessed for the expense of the same ; but no lands shall be so assessed which do not lie within two miles of the proposed improvement, and the distance of two miles may be computed in any direction from either side, end, or terminus of the road ; and lands that have once been assessed for the expense of any improvement made ■ under the provisions of this chapter, shall not be re-assessed under sub- sequent proceedings for an extension of the same, unless the prior as- sessment be not deemed proportioned to the whole benefit resulting to such lands. Sec. 4836. [Proceedings when report of viewers of two-mile as- sessment pike is filed.] When the report is filed, the commissioners shall, unless such report shows that there is no public necessity for the contemplated improvement, enter on their records and order that the improvement be made, which order shall state the kind of improve- ment, the width, the extent of the same, and the lands which shall be assessed for the expense thereof; but such order shall not be made until a majority of the resident landowners of the county whose lands are reported as benefited and ought to be assessed, and in counties con- taining a city of the first grade of the first class, in addition to such landholders, a majority in interest of the persons whose lands abut upon said proposed improvement, subscribe the petition mentioned in section four thousand eight hundred and thirty-one ; in determining such majorities minor heirs shall not be counted for or against the im- provement, unless represented by legal guardian, and the action of such guardian shall be binding upon such minor heirs; and all heirs or owners, either adults or minors, to any undivided estate, shall only be entitled to one vote for or gainst such improvement, and the name of any person who has acquired title to the same bj^ gift, or in any other manner, for the purpose of making such person a petitioner for or remonstrator against such improvement shall not he counted in favor of the same, or against the same. Sec. 4836a. [Commissioners of Lucas county may order roads improved; expense, h.o-w ordered paid.] In counties containing a city of the third grade of the first class, when a petition, as provided in scctionforty-eight hundred and thirty-one of tlie Revised Statutes, shall 310 LAWS RELATING TO AGRICULTURE. have been presented to the county commissioners, asking that a macad- amized, stone, or gravel road be constructed on the roadway of any state, county, township, or free turnpike road, or any part thereof, and the viewers and surveyor or engineer shall have reported to the coni- missioners, as provided in section forty-eight hundred and thirty-five, if in the opinion of the commissioners public utility requires it, they shall enter on their records an order that the improvement be made, which order shall state the kind of improvement, the width and extent of the same, the material to be used, and such pertinent description of the same as they shall deem necessary by reference to plans, profiles and specifications, or otherwise, which shall be held to include all neces- sary grading, drains, under-drains, ditches and culverts to the proper completion and maintenance of such road; and at the same time, said commissioners shall order that a portion of the cost and expense thereof, which shall not be less than one-third nor more than one-half of the total cost and expense thereof, shall be paid out of the pro- ceeds of any levy or levies upon the grand duplicate of the county authorized by section four thousand eight hundred and thirty-six (a) of this act ; and shall also order that the balance of said cost and expense shall be assessed upon and collected from the owners of the lots and lands, and from the lots and lands benefited thereby, in proportion to the benefit to be derived therefrom by said lots and lands. Said order shall also state the lands which shall be subject to be assessed for the cost and expense of said improvement, and whether the esti- mated assessment therefor shall be made before the improvement is commenced, or after the same is completed. Sec. 4836&. [Appointment and removal of engineer; plans, pro- files, etc.; letting of the work.] After making such order for an im- provement, the commissioners shall appoint a competent engineer to superintend the performance and completion of the work, who shall, under the directions and with the approval of said commissioners pre- pare and file the necessary plans, profiles and specifications of the work. After such plans and specifications as the commissioners deem necessary are adopted, the work shall be publicly let by the county commissioners to the lowest responsible bidder, who shall enter into bond with sufficient sureties, and in such amount as the commission- ers shall approve and determine, conditioned for the faithful perform- ance of said work. Notice of such letting shall first be published for at least four weeks in some newspaper printed in the CQunty and of general circulation therein, stating the nature and extent of the work and the time when said letting will be made, or, if sealed bids are re- quired, when the same will be opened. The commissioners may let the work as a whole, or in convenient sections, as they may determine. The commissioners may require a bond from each bidder in such sums as they may determine, with sureties to their approval, conditioned that if the contract be awarded on such bid, the bidder will enter into the contract and execute the bond, with approved sureties, for the faithful performance of the contract. The county commissioners may for cause remove the engineer herein provided for at any time, and appoint another in his place. And they may, in their discretion', if in their judgment no reasonable bid is made for said work, refuse to enter into such contract, but readvertise the sam?, LAWS RELATING TO AGRICULTURL. 311 Sec. 4836c. [Estimated assessment of expenses; objections thereto; equalizing board, its powers and duties; assessment of life estates.] The said commissioners shall, either before the said im- provement is commenced, or after the same is completed, as they shall have determined at the time of ordering the improvement, appoint three disinterested freeholders of the county, resident therein, to make, upon actual view, and to report to said commissioners, an estimated assessment of the proportion of the cost and expense aforesaid upon the lots and lands to be charged therewith, or upon such of the lots and lands included in the descriptions and boundaries aforesaid, as in their judgment should be assessed, in proportion as nearly as may be to the benefits which may result from said improvement to the lots or lands so assessed, which assessment shall be filed with the county commis- sioners, and kept in the auditor's office for public inspection. Before adopting the assessment so made and reported, the said commissioners shall publish notice for three weeks consecutively, in some newspaper of general circulation in the county, that such assessment has been made, and that the same is on file in the office of the auditor for in- spection ; and if no objections are filed thereto within two weeks after tlie expiration of said notice, the commissioners may confirm the same. If the owner of any property assessed objects to the assess- ment so made, he shall file his objections in writing with the said com- missioners within two weeks after the expiration of the notice afore- said; and thereupon the commissioners shall appoint three other dis- interested freeholders, to act as an equalizing board, who shall meet at the county auditor's office at a time to be fixed by the county com- missioners, with power to adjourn from time to time, who shall hear and determine all objections to said assessment, equalize the same, or approve the assessment already made, as they shall deem just. They shall report their action to said commissioners, who shall have power to confirm the same, or to set the same aside and cause a new equal- izing board to be appointed, with like powers and qualifications. When said assessment is confirmed by the county commissioners, the same shall be final. The members of said assessing and equalizing boards snail, before entering upon their duties, take an oath before a proper officer to faithfully, honestly and impartially discharge their duties in making or equalizing said assessment, and in either case a majority of the board shall have power to determine any question or matter before them. The equalizing board, or any of its members, shall have power to administer oaths to witnesses, and said board shall hear any testimony for or against the parties filing exceptions as afore- said. If any of the lands to be assessed are subject to a life estate, the assessment made thereon shall be apportioned between the owner of the life estate and the owner of the fee in proportion to the relative value of their respective estates, to be ascertained upon the principles applicable to life annuities. Sec. 4836^. [Records and accounts ; filing of profiles, plats, etc. ; expenditure of money.] The commissioners shall cause to be kent by the county auditor a full record of all the proceedings herein provided for, together with accurate accounts of receipts and expenditures of money, under the provisions of this act; and all profiles, plats and specifications shall be filed and kept in the office of the county auditor; 312 LAWS RELATING TO AGRICULTURE. and no money shall be drawn from the treasury belonging to the fund raised under the provisions of this act, except to pay liabilities already accrued, and then only in pursuance of orders caused by the commis- sioners while in session as a board, to be entered upon the record of their proceedings, and by orders drawn by the county auditor upon the county treasury in favor of the person to whom such money is due. Sec. 4836^. [When certain provisions shall not apply to improve- ments made under this act.J Whenever not less than one-third of the cost and expense of such improvement is by the commissioners or- dered to be paid by levy upon the grand duplicate of the county as provided m this act, sections/ or/y-«^/i/ hundred and thirty-s^Ten, forty- eight hundred and thirty-nine, forty-eight hundre and forty, forty-eight hundred and forty-one, forty-eight hundred and forty-two, forty-eight hundred and forty-three, forty-eight hundred and forty-four, and all the prohibitions of forty-eight hundred and thirty-six against the com- missioners, making an order for an improvement, until a majority of the resident landholders of the county, whose lands are reported as benefited and ought to be assessed, subscribe the petition therefor, shall have no force or effect in such county as to improvements made or ordered under the provisions of this act, but said commissioners may proceed to order and cause said improvement to be made without other petition than that provided for in section forty-eight hundred and thirty-one, and the letting of the work, the performance of the same, and the making and confirming the assessment therefor, shall be under the provisions of this act. Sec. 4836/. [General tax levies for construction and repair of improved roads.] For the purpose of providing by general taxation a fund out of which not less than one-third of the cost and expense of all improvements made under the provisions of this act can be paid, the commissioners of such county are hereby authorized to levy upon the grand duplicate of the county, not exceeding seven-tenths of one mill in any one year upon each dollar of the valuation of the taxable property in such county. And said commissioners shall at all times cause all necessary repairs to be made on such roads already con- structed, or hereafter to be constructed or improved for their proper maintenance ; and for such purpose may and they are hereby author- ized to levy a tax upon the grand duplicate of the county, not exceed- ing four-tenths of one mill in any one year upon each dollar of the valuation of taxable property in such county. At their March session annually the commissioners shall divide each completed stone road in such county into sections of not more than two miles in length for the purpose of controlling the repairs of such roads. They shall at the same time make an estimate of the amount of materials required to keep each of said sections in proper condition during the next fol- lowing year and decide upon the most convenient places for having said material delivered. They shall then fix a day on which they will let to the lowest responsible bidder the job of furnishing and deliver- ing the said materials at the place decided upon and of keeping the said sections in repair for the period of one year according to specifi- cations to be submitted to the bidders. They shall require and en- tertain separate bids for furnishing the material at the designated LAWS RELATING TO AGRICULTURE. 313 places of delivery, and for doing the necessary labor in keeping said sections in repair. When the necessary preliminary steps, as herein- before provided, have been taken, they shall cause three weeks' notice to be given by advertisement and handbills posted up on the lines of said roads, of the time when and place where bids for furnishing and delivering the said material and doing the said work will be received. They shall enter into contract with the successful bidder, and shall require good and sufficient bond of him for the faithful performance of the same, reserving the right to terminate each and every contract whenever in their opinion its provisions are not complied with. Be- fore paying for any material furnished under contracts entered into in accordance with the provisions of this section it shall be the duty of the said board of county comissioners to inspect the same as to quality and quantity furnished. And said respective levies shall be in addition to all other levies authorized by law, notwithstanding any limitation upon the aggregate amount of such levies now in force. The proceeds of the levies hereby authorized to be made, shall be ap- plied and used by the county commissioners in the construction and repair of such macadamized, stone and gravel roads, as the case may be, and for no other purpose, and these funds shall not be subject to distribution to the townships but shall be expended under the direct orders and supervision of the county commissioners. All the pro- ceeds of such stone road building levies and of the sale of any bonds under the provisions of section forty-eight hundred and forty-six, shall be paid to the credit of a fund to be called "the stone road building fund," out of which shall be paid all the costs and expenses of said improve- ment, except the expense of the preliminary view and survey and the fees of the auditor and commissioner, but the auditor shall keep a separate account of each different improvement in a book to be kept for that purpose. The provisions of "An act to authorize certain cities to build bridges and issue bonds therefor," passed March 4, 1883 (80 Ohio Laws, page 73), requiring all levies upon the property within any city of the third grade of the first class, made by the county com- missioners for road purposes, to be paid into the treasury of said city, shall in no wise conflict with the provisions of this act, and shall not be applicable to the levies specifically authorized therein, the pro- ceeds of which are to be applied and used by the county commission- ers in the construction and repair of such roads. (88 V. 596; 82 V. 146.) Sec. 4836^. [Issue of bonds for construction and repair of im- proved roads.] The commissioners of any such county, containing a city of such third grade, first class, are hereby authorized, whenever, in their judgment, it is desirable, to issue and sell. the bonds of such county to an amount not in excess of fifty thousand dollars ($50,000), for the purpose of paying such county's share of the costs and ex- penses of contracting [constructing] macadamized, stone or gravel roads, as provided in said preceding supplemental sections to said sec- tion 4836; said bonds to state for what purpose issued,, to bear interest at a rate not in excess of four and one-half per cent, per annum, pay- able semi-annually, to mature in not less than ten years nor more than twenty years after their issue, and not less than five thousand dollars nor more than twenty thousand dollars of said bonds shall ma- 314 LAWS RELATING TO AGRICULTURE. ture in any one year, and they shall be sold according to law, and for not less than par and accrued interest; the proceeds of such bonds to be applied and used exclusively for the same purposes and in the same manner as the levy of seven-tenths of one mill provided for in said supplementary sections, and may be in addition to such levy or any part thereof; and the interest and principal of such bonds to be paid from said levy of seven-tenths of one mill, or any part of same. Sec. 4836/?. [County commissioners authorized to issue borids for repair of roads.] The commissioners of any such county contain- ing a city of the third grade, first class, are hereby authorized to issue and sell bonds of such county to an amount not in excess of fifteen thousand dollars ($15,000), for the purpose of paying for the repair of macadamized, stone, or gravel roads built under the provisions of [the] said section 4836 and.sections supplemental thereto; said bonds to state for what purpose issued, to bear interest at a rate not in excess of five per cent, per annum, payable semi-annually, to mature in not less than ten nor more than twenty years after their issue, and they shall be sold according to law and for not less than par and accrued interest; the proceeds of such bonds to be applied and used exclusively for the same purposes and in the same manner as a levy of four-tenths of one mill provided for in said supplemental sections, and the in- terest of such bonds is to be paid from the said levy of four-tenths of one mill or any part of the same. Sec. 4836J. [Commissioners in Lucas county may construct road without assessment upon private property.] If in the opinion of the county commissioners of any such county it is expedient and proper to construct any such road commencing at the intersection of sections sixteen and twenty-one in Lucas county, and extending not more than one mile in length, without making an assessment upon private prop- erty for any portion of the cost thereof, said county commissioners may proceed to make such improvement in a manner by them deemed proper and pay for the same from the stone road building fund, [Bonds.] And may issue bonds of said county in a sum not to exceed five thousand dollars to reimburse said fund in accordance with the provisions and under the restrictions of section 4836^. Sec. 4837. [When remonstrant bound for costs.] If it appear that any person who signed the petition asking for such improvement afterward signed a remonstrance against the same, so that by count- ing such person remonstrator instead of petitioner the object and prayer of such petition will be defeated, the person who is both peti- tioner and remonstrator shall be held liable, and shall pay all costs growing out of the presentation of the petition, and the proceedings had thereon; and if the costs are not paid within thirty day? after the dismissal of further proceedings in the case, the auditor shall tax the costs against such person, and if there is more than one such person, the auditor shall apportion the costs among such persons, in the pro- portion of the appraised value of their several lands for taxation that are within two miles of the route on which the improvement was prayed for, and shall place the same on the grand duplicate for col- LAWS RELATING TO AGRICULTURE. -515 lection, to become due and payable at the next December collection of taxes thereafter; and the same penalties shall attach, and the same proceedings shall be had in the collection, as in delinquent state and county taxes. Sec. 4837-1. [Applicability of certain statutes to Ashtabula, Licking, Wood, Holmes, Medina, Ottawa and Wyandot counties; portion of cost to be paid by county.] Except as othewise herein pro- vided, and so far as the same may be applicable, sections 4836a, 4836&, 4836r, 4836c?, 4836/, 482i6g, of the Revised Statutes, shall apply to reg- ulate and govern the laying out and Constructing of all two-mile as- sessment pikes that may hereafter be laid out and constructed in all counties of the state having at the federal census of eighteen hundred and ninety, or that may at any subsequent federal census have a pop- ulation of not less than forty-three thousand and not more than forty- five thousand, and in all counties of the state having at the federal census of eighteen hundred and ninety, or that may have at any sub- sequent federal census, a population of not less than twenty-one thou- sand and not more than twenty-two thousand; provided, in such counties not more than one-fourth of the total cost and expenses of such improvements shall be paid from the proceeds of levies upon the grand duplicates of such counties, and the bonds so authorized may bear interest at a rate not in excess of six per cent, per annum, payable semi-annually, and may be made to mature in not less than three and not more than ten years from the date of their issue. Sec. 4837-2. [All other sections relating to two-mile assessment pikes to be in force.] AH the other provisions of chapter eight, title seven, of the Revised Statutes regulating two-mile assessment pikes shall remain in full force and applicable to improvements made under this act except where inconsistent with the foregoing special provisions or with said sections 4836a, 48366, 4836c, 4836^, 4836/, and 4836^-. Sec. 4838. [Changes in the improvement and assessments author- ized.] If at anytime after making such final order the commission- ers iind that there has been an omission of lots and lands within the territory sought to be assessed, or that there has been manifest in- justice in the apportionment of taxes, or that public necessity requires any alteration in the manner of the improvement as ordered, they may rnake such addition and re-apportionment as they deem just and proper, and such change in the improvement as will conform the same to the public requirement. Sec. 4839. [How proceedings abandoned before contract.] All proceedings relating to the construction of such improvements may be discontinued at any time before a contract is entered into for the improvement, by the filing of a notice with the county auditor, signed by a majority of the petitioners for the improvement, stating that they will not further prosecute the same and the payment of all costs thathave accrued up to the time such notice is filed ; and thereupon the auditor shall immediately notify the engineer, and cause all proceed- ings relating thereto to be discontinued, and the county commission- 316 LAWS RELATING TO AGRICULTURE. ers, at their next regular or called session,shall place upon their records an order abandoning such proposed improvement, and vacate and set aside the order for the improvement. Sec. 4840. [How abandoned after, contract.] At any time after the contract for the improvement is made, the commissioners may, with the consent of the contractor for the improvement, or the part or parts thereof to be affected, and also the consent of a majority of the petitioners for the improvement whose lands lie within two miles of the part thereof to be affected, vacate and set aside the order for the improvement, or any part thereof, or abandon any part of such pro- posed improvement, if they deem it proper and advisable to do so ; and in such case, if the order as to a part of such improvement be set aside and vacated, or a part of such proposed improvement be abandoned, such action shall not in any way impair or affect any order, contract, or proceeding relating to the remainder of the improvernent ; but no assessment shall be made for the remainder of any such improvement, upon any lands not lying within two miles of such remainder. Sec. 4841. [Engineer to be appointed to make contract for im- provement of two-mile assessment pike.] After making such order for an improvement, or for any change in the same, the commissioners shall appoint a competent engineer to superintend the performance and completion of the work, who shall enter into a good and sufficient bond, with surety to be approved by the county commissioners, condi- tioned for the faithful performance of his duties, in a sum to be fixed by said commissioners, and an actron may be brought on such bond by any person aggrieved by a failure of the engineer to do his duty, in the name of such party, and recovery may be had for his use and benefit. The engineer shall, with the approval of the county commis- sioners, make a contract for the performance of the work, and the contractor may at once enter upon the performance of the work, under the superintendence of the engineer ; but the improvement shall be' let in sections of not less than one-half mile, by public out-cry, or sealed bids, and to the lowest and best bidders, who shall give such reasonable security for the proper performance of his contract within the time and in the manner described, as the county commissioners may deem expedient. The county commissioners may, for cause, remove the engineer and appoint another in his place. Sec. 4842. [Commissioners to apportion estimated expense of improving free turnpikes.] The commissioners, when any such im- provement is ordered, shall immediately appoint three disinterested freeholders of the county, who shall, upon actual view of the premises, apportion the estimated expense thereof upon the real property em- braced in the order, according to the benefit to be derived therefrom, and report the same to the county auditor ; and in making such ap- portionment, they shall take into consideration all previous special assessments, or special taxes made upon such real property for the improvement of any road, and any benefit which will accrue to any land by reason of drainage resulting from the making of the improve- ment; and if any of the lands to be assessed are subject to a life estate the assessment made thereon shall be apportioned between the OAvner LAWS RELATING TO AGRICULTURE. 317 of the life estate and the owner of the fee, in proportion to tlie relative value of their respective estates, such proportion to be ascertained upon the principles applicable to life annuities. Sec. 4843. [Notice and proceedings on report.] When the re- port of the committee is returned, the county auditor shall give notice thereof by publication in some newspaper published and of general cir- culation in the county, for at least three consecutive weeks, of the time when the commissioners will meet at the county auditor's office to hear the same ; and on the day named in the notice the commission- ers shall meet, and if no exceptions have been filed to the report, shall confirm the same ; but if exceptions in writing have been filed by any of the owners of the lands affected thereby, they shall first proceed to hear such exceptions, and for that purpose shall hear any testimony offered by any party interested, and either of the commissioners may administer oaths to witnesses; and after such hearing they may either confirm the report, change it, or refer it to a new committee of three disinterested freeholders. - Sec. 4844. [Proceedings on a re-reference.] If the report be re- ferred, the new committee shall, upon actual view of the premises, report a new apportionment, or recommend the confirmation of the former report; upon the return of such report to the county auditor,the same proceedings shall be had as upon the return of the first report, except that there shall not be a re-reference to another committee; and the final action of the commissioner [s] shall be entered upon their records, together with the report as confirmed, showing how the esti- mated expense has been apportioned upon the lands ordered to be assessed. Sec. 4845. [Assessment may be increased or diminished.] After the work' is completed, the county auditor, before placing the assess- ment upon the duplicate, shall add to or deduct from the estimate, pro rata, the amount that the actual expense may be found to be more or less than the estimate ; all assessments on lands, under the provision of this chapter, shall be placed upon a special duplicate, to be provided by the county auditor, at the expense of the county; and the costs and expenses of the preliminary survey, proceedings, and report of the improvement, shall be paid out of the county treasury. Sec. 4846. [Commissioners may issue bonds to meet expenses of road improvements.] For the purpose of raising the money neces- sary to meet the expense of the impovement, the commissioners of the county may issue the bonds of the county, payable in installments, or at intervals not exceeding in all the period of twenty years, bearing interest at the rate not to exceed six per cent, per annum, payable semi- annually, which bonds shall not be sold for less than their par value; the assessment shall be divided in such manner as to meet the payment of principal and interest of the bonds ; be placed upon the duplicate for taxation against the lands assessed, and collected in the same man- ner as other taxes; and when collected, the money arising therefrom shall be applied for no other purpose than the payment of the bonds 318 LAWS RELATING TO AGRICULTURE. and interest; but the county commissioners shall build all bridges -and culverts on the improvement, and pay for the same out of the bridge fund of the county ; and no bonds shall be delivered, or money paid to any contractor, except on the estimate of work done, as the same pro- gresses, or is completed. Sec. 4847. [When assessment is insufficient.] If it be ascer- tained by the county auditor that the assessments on land upon the du- plicate are not sufficient to pay for the construction of any such road, he shall add to the assessments, pro rata, the amount that the actual expense is found to be more than the assessments on the duplicate, and the additional assessments shall be placed upon the same duplicate with previous assessments for the construction of the same road, and shall be collected in like manner. Sec. 4848. [How excess of assessments on two-mile turnpikes distributed.] Any balance of assessments made for the construction of any such road remaining in any county treasury, after the payment of all expenses incurred on account of the road, shall be certified by the county auditor into the' treasuries of the townships through which the road is located, proportionately to the amount paid for the making of the same in each of the townships, to be expended under the order of the township trustees in repairing the road; but in counties where the county commissioners are constituted a board of turnpike directors, such unexpended balance shall be transferred to tlie general improved road repair fund of such county. Sec. 4849. [Compensation and fees.] The compensation of per- sons employed under this chapter shall be fixed by the county com- missioners, and shall not exceed three dollars per day; but the sur- veyor or engineer and the county auditor shall receive such compen- sation for their services as is fixed by law for the compensation of the county surveyor and county auditor respectively for like services in other cases. Sec. 4850. [Cities and villages may assist in constructing im- proved road.] When any road to be improved under and by virtue of this chapter begins or terminates in a city or village, the corporate authorities thereof may, upon the recommendation of the county com- missioners, if they deem the same expedient, agree to pay in the bonds of such city or village, in the manner and proportions described in sections forty-eight hundred and forty-six, in addition to any amount that may be assessed upon the real property within such corporation by virtue of the provisions of this chapter, an amount not exceeding one-fifth of the entire cost of the road; but the entire tax to be im- posed for road purposes, by virtue of this section, shall not in any year exceed five mills on the dollar of the taxable property in the corpo- ration. Sec. 4851. [Cities in adjoining counties may aid.] When it is desirable or expedient to continue any road contemplated under this chapter, into or through an adjoining county, the city council of any LAWS RELATING TO AGRICULTURE. B19 city of the first or second class may, upon the apphcation and recom- mendation of the county commissioners of such county, if the council deem the same promotive of the general interests of such city, aid in the construction of the road to an extent not exceeding one-fifth of its cost, the payment of the same to be provided for in the manner and proportions described in section forty-eight hundred and forty-six. Sec. 4852. [Plats, profiles, and surveys to be preserved.] All plats, profiles, and surveys, on apjjlications for road improvements, when the application fails, and the county commissioners refuse to or- der the construction of the road, shall be carefully preserved in the office of the county auditor, and the county commissioners are au- thorized to use the same, if practicable, on any new application for the same road, or any part of the same road ; and upon such use of plats, profiles, or surveys, or any part thereof, the persons originally charged with the cost of the same._ shall be paid therefor, or such part thereof as may be so used, in the manner provided by law. Sec. 4853. [Commissioners may receive donations, and contract for material.] The commissioners may receive subscriptions and do- nations, in money, or real or personal property, which shall be applied to the construction or improvement of the road, and may contract for and purchase such stone, gravel, or other material as may be necessary for the construction and repair of the road. Sec. 4854. [Appointment of appraisers of material.] If the com- missioners and owners of such stone, gravel, or other material cannot agree on a price deemed fair and reasonable, the commissioners may apply to the judge of the probate court of the county, or if such material is located in another county than that in which the road is located, then to the judge of the probate court of the county in which such material is located, to appoint appraisers to assess the value of the material; thereupon an order shall be entered of record in the office of such probate court, directing that notice in writing be served by the commissioners, upon the person whose property is sought to be appropriated, not less than ten days before the further proceedings herein provided for shall be had ; and such notice shall contain a brief description of the property sought to be appropriated, and state the use to which it is to be put, and the time when further proceedings shall be had. Sec. 4855. [Their duties and their award.] Upon the day so fixed, the probate court, before whom such application is filed shall appoint three disinterested freeholders, who, after being duly sworn to impartially assess the value of the material, or any part of the same, shall enter upon the premises of the owner and assess the value there- of ; and they shall also assess the damages that will accrue to the owner by the removal of the material through his premises, and shall, within ten days after their appointment, return their award to the probate court. Sec. 4856. [Affirmance of the award.] The judge of the pro- bale court shall, upon the retun of the award, furnish the commis- 320 LAWS RELATING TO AGRICULTURE. sioners, on application, a copy of the same, and also furnish a copy to the owner of the material; and thereupon, if neither party signify an intention to appeal to the court of common pleas,the probate court shall at once render judgment for the amount of compensation and damages awarded by the appraisers,. and order that, upon payment of such sums and costs, the commissioners may enter upon the lands, either inclosed or uninclosed, and remove such material as may be required to make the road. Sec. 4857. [Appeals to the common pleas.] An appeal from the decision of the apraisers to the court of common pleas may be allowed, if taken within thirty days after the rendering of the award; either party desiring to appeal shall give notice at the time, or within three days thereafter, of his intention to appeal to the court of common pleas, and thereupon the probate court shall require such appellant to enter into a bond, in a sum not exceeding the value of the property sought to be appropriated, conditioned that the appellant shall perform 'the judgment of the court of common pleas, and pay all costs and damages adjudged or orderd by such court ; when such bond is filed, the probate court shall send all the original papers in the proceeding, with a certi- fied copy of the journal entries made in the cause, to the clerk of the court of common pleas ; and in that court a jury of twelve men shall be impaneled according to law, to try and determine the amount of com- pensation and damages that shall be awarded, and such proceedings shall be had as are provided by law to appropriate private property for public use ; but such appeal shall not prevent the immediate entry upon the premises by the commissioners, for the purpose of taking material. Sec. 4858. [When the road is in more than one county.] When any proposed road improvement contemplated by this chapter is in more than one county, application shall be made by petition to the commissioners of each of the counties, and the commissioners of such counties, upon the petition and bond being filed in their respective counties, shall meet in joint session, at such time and place as the audi- tor of the county in which there is more of such proposed improved road located than in any other county shall appoint, in a notice to the auditors of each of the counties in which the petition has been filed. The auditor of the county in which the joint board meets shall be the clerk of the board, and furnish a certified copy of the proceedings to each of the counties interested. The said joint board shall not order such im- provement made until the said petitions are respectively signed by a majority of the resident land owners of the county wherein such peti- tion is filed, whose lands will be assessed to pay the expenses of said improvement. The petitioners shall have the qualifications required in section four thousand eight hundred and thirty-six (4839). The view- ers, surveyors and engineers, persons to apportion the estimated ex- pense of the improvement shall have the qualifications required, when the improvement is confined to one county. And the viewers and persons to apportion the estimated expense shall be appointed so as to allow one at least to each county, if there are not more counties than there are persons to be appointed. There shall be separate reports of the viewers and of the persons to apportion the expenses,for so much of such improvement as lies in each county, which shall be filed with the LAWS RELATING TO AGRICULTURE. 321 clerk ol llie joint board. If any person appointed to perform duty under the provisions of this chapter shall be unable to perform such duty, the commissioners, or joint board of commissioners, as the case may be, shall appoint another person to fill the vacancy. The assess- ments shall be paid into the county trcasur)- of the county where the lands assessed are located; and the money shall be paid out on the order of the joint board. A majority of the joint board shall have power to make findings and orders necessary to carry out the provis- ions of this section ; but such majorit)- shall be composed of at least one commissioner from each county in which the improvement is lo- cated. In all matters not herein provided for the joint board shall proceed according to the provisions of this act. But proceedings al- ready commenced shall be continued as if this act was not passed. Sec. 4859. [Appeals in such cases.] Applications may be made by the joint board, to the probate judge of the county in which stone, gravel, or other material is located, to appoint appraisers to assess the value thereof, and damages, and like proceedings shall be had thereon as are provided in other cases; and any person feeling aggrieved b}' any decision of such appraisers may appeal from such decision to the probate court of such county, and such proceedings shall then be had as are provided for appeals in section forty-eight hundred and thirty-four, and such orders and judgments be rendered asare there provided for, and the necessities of the case may require. Sec. 4860. [Assessments for two-mile assessment pikes, how enforced; issue of bonds to the amount of delinquencies.] When an assessment, made upon any real estate by virtue of proceedings had under this chapter, remains unpaid for the period of one year after the same is placed upon the special duplicate, the auditor of the county in which such real estate is situate, shall, unless otherwise ordered by the county commissoiners, place the same upon the general duplicate for collection, together with a penalty of six per cent, per annum as county improved road taxes, and the amount of delinquent tax thus placed on the general duplicate shall be charged, respectively, to the several im- proved roads on account of which such assessments have been made as a transfer from the county improved road fund. And the commis- sioners of the county are hereby authorized to issue county improved road bonds not exceeding the amount of such delinquencies after each semi-annual settlement between the auditor and treasurer for a- term of years, not exceeding three, at a rate of interest not exceeding six per cent., payable semi-annually, and for the payment of which both the principal and interest, the faith of the county shall be pledged, and the money arising from the sale of the same shall be charged to the county improved road fund; and the commissioners, in their annual report to the court of common pleas, shall fully set forth the amount of tax transferred and bonds sold as provided in this section. Sec. 4861. [Improved roads may be surrendered to county com- missioners.] Any road, or part thereof, constructed or improved by any corporate body, or otherwise, may, after the completion thereof, with the consent of the stockholders or contributors thereto, be relin- quished and transferred, without consideration, to the commissioners of 21— F. H. B. 322 ' LAWS RELATING TO AGRICULTURE. any county in or through which it is located, together with all rights and priviliges appertaining thereto — such transfer or relinquishment to be evidenced by a written declaration, executed by the president and secretary of such corporate body, or by the other owners ; and upon the deposit of such instrument of writing, duly executed, with the county auditor, the commissioners, if satisfied that such road has been built in such manner as to make a good and lawful turnpike, and that there Fre no debts against the same for the construction thereof, shall, by a proper order, cause the road to be entered of record as a free turnpike, within the meaning of this chapter, and thereafter such road or part thereof transferred shall be a free road, and shall be kept in repair as provided in chapter [ten]. Sec. 4862. [County may purchase roads.] The county commis- sioners of any county may purchase and make free any turnpike road, or part of such road, within the limits of their respective counties, on the conditions and by the procedure which are provided for the con- struction or improvement of roads in this chapter. Sec. 4863. [Who may take advantage of errors.] No person shall be permitted to take advantage of any error committed in any proceeding to lay out, construct, or improve a road under and by vir- tue of this chapter, nor of any error committed by the county commis- sioners or county auditor, or by the engineer or surveyor, or other per-, son, in the proceeding to lay out, construct, or improve such road, nor of any informality, error, or defect appearing in the record of such proceeding, unless the party complaining is affected thereby. Sec. 4864. [How far proceedings may be declared void.] But the court in which any action is now pending, or may hereafter be brought to enjoin, reverse, or declare void the proceedings by which any such road has been laid out, constructed, or improved, or ordered to be laid out, constructed or improved, or to enjoin the collection of any tax or assessment levied or ordered to be levied, for the purposes aforesaid, or of either, may, if there be manifest error in such proceed- ings affecting the rights of the plaintiff in such action, set the same aside as to him, without affecting the rights or liabilities of the other parties in interest; the court shall, on the final hearing, make such or- der in the premises as may seem equitable and just, and may order the tax assessment levied against the plaintiff to remain on the dupli- cate for collection, or to be again levied in whole or in part, or may perpetually enjoin the same, or any part thereof; the costs of such action, and of the proceedings had therein, shall be apportioned among the parties, or paid out of the county treasury, in whole or in part, as justice may require and the court direct; and this and the preceding sections shall govern actions or proceedings now pending, so far as the same are applicable. CONVERTING TOLL ROADS. Sec. 4865. [Owners may propose to commissioners to sell toll road.] The duly constituted officers of any incorporated turnpike company may, after obtaining the written consent of the owners of a LAWS RELATING TO AGRICULTURE. 328 majority of its stock, make a proposition to tlie county commissioners .of the county in which its road, or any part thereof, is located, for the sale of such road, or any part thereof, in order that the same may be converted into a free road as hereinafter provided- Sec. 4866. [Appraisement of the road and bridges.] The county commissioners, upon the. receipt of such proposition of sale, shall ap- point three competent disinterested freeholders of the county apprais- ers, who shall, upon actual view of the road, make and return to the commissioners, under oath, their appraisement of the actual cash value thereof, and the actual cash value of the bridges and culverts which have been built thereon by such compan}^ Sec. 4867. [The commissioners may propose to buy.] The com- missioners, at their next regular meeting after the receipt of the report of the appraisers, shall, if they deem the valuation reasonable, make a proposition to such officers for the purchase of the road, or anv part thereof, at the value reported by the appraisers, on the condition that a majority of the resident land owners along and adjacent to tlie line of the road, whose lots and lands will be assessed for the purchase of the same, shall petition the county commissioners for an assess- ment, as provided in section forty-eight hundred and sixty-nine. Sec. 4868. [Company may accept proposal.] The officers of such company may', after obtaining the written consent of the owners of a majority of the stock of the company, accept the proposition of the commissioners for the purchase of the road, or any part thereof, sit- uate in the county; and such acceptance shall be binding upon the company for'the space of six months succeeding the date thereof. Sec. 4869. [Petition of land-owners for purchase.] After the filing of such acceptance with the commissioners, the resident land- owners along and adjacent to the line of the road, whose lots and lands will be assessed for the purchase of the same, may petition the county commissioners of the county through which the road or any part thereof runs, for the purchase of the road at the appraised value, that the bonds of the county be issued to such company according to its acceptance, and that a sum sufficient to pay the amount with which thev will be charged, together with the interest, may be assessed upon the lots and lands which would be benefited by the conversion of the road into a free road, within no greater distance than two miles thereof. Sec. 4870. [County to pay for bridges.] The cash value of the bridges and culverts which have been built by the company, as ap- praised by the appraisers, shall be paid by the county commissioners out of the bridge fund of the county, less any amount they may have theretofore appropriated. Sec. 4871. [How assessments made.] In ascertaining what lots and lands are benefited, and to what extent each piece shall be assessed for the purchase, and whether a majority of the owners thereof have petitioned therefor, the county commissioners, auditor, and treasurer shall have the same power and authority provided in chapter eight, 324 LAWS RELATING TO AGRICULTURE. and be governed in the assessment and collection of taxes to pay for the road so purchased, and in all other respects, so far as the same may be applicable, by the provisions of that chapter. Sec. 4872. [How put in proper condition and kept in repair.] After the purchase of any such road by the commissioners it shall im- mediately become a free road, to be kept in repair- as provided in chap- ter ten ; but if the county commissioners are of opinion that such road is not in repair and condition equal to free turnpikes in the vicinity thereof, they are authorized, at their discretion, to assess on the lands taxed for the purchase thereof an amount which will, in their judg- ment, put it in repair equal to the free turnpikes ; such assessment shall be made upon the lands taxed for the conversion of the toll road into a free road," and in the same proportion, be placed upon the same special duplicate, and collected at the same time and in the same man- ner as the taxes for the purchase of the toll road are collected, and when collected be applied by the county commissioners in the repair of the road, and for no other purpose. Sec. 4873. [Fees of officers and others.] The officers and other persons who perform service under this chapter shall be allowed the same fees as they are allowed for like services in other cases, and may be paid out of the fund created by this chapter, or out of any funds in the county treasury not otherwise appropriated. Sec. 4874. [Owners of certain roads may sell the same.] A per- son owning the right to take toll on any toll road, or the road of any incorporated turnpike company, which right has been purchased under the provisions of the act of the general assembly passed February 8, 1826, entitled "an act for the regulation of turnpike companies," may sell such right to the county commissioners of the county in which the road or any part thereof is located, in conformity with the provisions of this chapter, so far as the same may be applicable. Sec. 4875. [To be a free road.] After the purchase of such right by the commissioners, the road shall immediately thereafter become a free road, for the period over which such right extends. REPAIR OF IMPROVED ROADS. Sec. 4876. [Improved roads to l?e repaired.] All macadamized or graveled roads which are free roads, whether constructed under general or local laws by taxation or assessment, or both, or converted by purchase or otherwise from a toll road into a free road under any law, and all turnpike roads, or parts thereof, unfinished or abandoned by any turnpike company, and appropriated or accepted by the commissioners of the county, shall be kept in repair as provided in this chapter. Sec. 4889. [Townships in certain counties made road districts.] Each township in the counties of Belmont, Butler, Carroll, Champaign Clermont, Clinton, Columbiana, Cuyahoga, Darke, Delaware, Eric' LAWS RELATING TO AGRICULTURE. :i25 Franklin, Geauga, Greene, Hamilton, Harrison, Licking, Lucas, Mont- gomery, Muskingum, Ottawa, Preble, Portage, Pickaway, Ross, Stark, Summit, Trumbull, Tuscarawas, Washington, Warren and Wayne in which any such free road is located, shall be a road district for the care and maintenance therof. Sec. 4889a. [Certain repairs in Pickaway county.] Li Pickaway county," the county commissioners shall repair all embankments or levees, on which free turnpike roads are located, which have been con- structed to prevent overflows and inundations of said free turnpikes, and the expense of repairing such embankments or levees, or free turnpikes constructed tliereon, shall be paid out of the money raised by taxation for road or bridge purposes in said county. Sec. 48895. [Townships in Stark and Columbiana counties made road districts.] That the several townships in the counties of Stark and Columbiana, state of Ohio, be and the same are hereby constituted and made separate and independent road districts for the purpose of repairing and improving the roads and highways as herein set forth, independent of and free from the operation of existing laws relating to the improvement of roads and highways, and all other laws not con- sistent with the provisions of this act. Sec. 4889c. [Office of road supervisor abolished.] After the passage of this act the office of road supervisor for the subdistricts into which the various townships have been divided shall be and is hereby abolished. Sec. ^SSgd. [Roadmaster; appointment; term; oath; bond; re- movals; vacancies; compensation.] Within fifteen days from the passage of this act the township trustees of the various townships shall, with the advice and consent of the board of county commis- sioners appoint a road master who shall hold office for a term of one year, unless sooner removed (which power of removal shall vest in said township trustees), and until such time as his successor shall be duly appointed and qualified. Said appointment shall date from the first day of April of each year. Said roadmaster shall take an oath of office, and shall give bond for the faithful performance of his duties in a sum not less than five hundred dollars, with sureties to the satis- faction of the township trustees, which bond shall be filed with the township clerk of the respective townships. No removal can be made except for cause, and such cause of removal shall be stated in full on the record of said township trustees ; and all vacancies, from any cause whatsoever, shall, with the advice and consent of the board of county commissioners be filled by the township trustees, provided that any appointment made to fill a vacancy shall he only for the unex- pired term caused by such vacancy. Said roadmaster shall be paid not to exceed the sum of two dollars and fifty cents per day for each day of ten hours actually and necessarily devoted to the performance of his official duties, as herein set forth, and the amount due for such ser- vice shall be paid out of the road fund of the township monthly, upon the roadmaster presenting a claim and making a full, complete and itemized statement of such services, which the said township trustees shall allow if true, and correct. '■>'2f' LAWS RELATING TO AGRICULTURE. Sec. 48891.'. [Improvement of township roads.] After the pas- sage of this act the trustees shall make, or cause to be made a plat of the roads of the several townships, which plat shall be kept in the office of the township trustees and the same shall show places of be- ginning, and shall designate the road or part of road to be improved by macadamizing, graveling, or any other feasible or expedient means ; . and said township trustees shall yearly thereafter, in conjunction with the roadmaster, estimate the amount of road to be improved, the man- ner and kind of improvement, and from time to time thereafter, yearly if possible, as the improvement on specified roads, shall be completed, add other roads thereto, until all the roads of the township shall be improved, provided that the principal and most used roads shall have precedence in the time of the making and improvement. Sec. 4889/. [Trustees to make contracts.] Said township trus- tees may contract by the year or otherwise for furnishing the material and for making the necessary repairs or improvements of said roads in their respective townships. For the purpose of letting such con- tracts the trustees shall divide the roads to be contracted for into suit- able sections, and the same shall be sold or let by sections. The town- ship trustees shall by posting notices in at least twelve public and con- spicuous places in the respective townships, let out such contract to the lowest responsible bidder, said notices to specify the nature and extent of the work to be done and invite proposals of bids therefor. The trustees shall have the right to reject any or all bids. Such con- tracts shall be let upon specifications of the materials to be used, fully stating the manner in which the work or improvement shall be per- formed, which specifications shall be prepared and furnished by the roadmaster and the township trustees. Bidders shall be required to state their bids in such way as the trustees may require. Contractors for such work shall give bond to the satisfaction of the trustees in double the amount of the contract price, for the faithful performance of such contract. Said contract shall provide that the same shall be performed to the satisfaction of the roadmaster and the township trus- tees, and no payment shall be made on any such contract exceut upon the roadmaster's certificate that the provisions of the contract have been complied with, subject to the approval of the township trustees. No contract shall be for more than one year. Sec. 48890-. [Duties of roadmaster.] The township roadmaster shall have charge of the repair and improvement of all the roads in the township, and it shall be his duty to make or cause to be made, all needed repairs such as scraping, leveling, repairing culverts, opening ditches and water courses and such other duties in connection with the repair and improvement of roads as the township trustees may order. ; 'nn-ided, that the scraping and leveling, repairing culverts and open- ing dilchcs, and water courses be performed before the 15th Jay of June of each year; provided further, that nothing in this section shall ])revent the neccssaiy repair of any road at any time during the year. The trustees shall annual!}-, at a regular meeting, fix the compensation Ij be paid for teams, dri^'crs and laborers to be employed on the road in their respcctix'e townships and tlie roadmasters shall employ such number of teams and such labor as may be necessary to make said re- LAWS RELATING TO AGRICULTURE. 327 pairs within said time, as provided in section six of tliis act. And in making sucli employment, tlie roadmaster shall give preference to the residents in the vicinity of such repair. Provided, however, that at no time shall' the expenditure exceed the amount of money in the road fund or in process of collection for said fund. Sec. 4889/1. [Tax levy.J For the purposes of this act the trus- tees are authorized to levy a tax not to exceed four mills on the dollar of all taxable property in the township which levy shall be made and certified the same as other township levies, and all such taxes shall be paid in money, and when collected and received by the several town- ships shall constitute a township road fund, and shall be used for re- pairing, making and improving roads and for no other purpose.' Sec. 48891. [Completion of contract.] All contracts let under the provisions of this act shall be completed before the first day of October of the year in which the contract was given. Sec. 4889;. [Meaning of term "improved roads."] The term "improved roads" as used in this act shall be construed to mean all roads which have been graveled, macadamized, or otherwise improved by contract under the provisions of this act. Sec. 4889/?. [Application to municipal corporation.] The pro- visions of this act shall not apply to any incorporated city or village within any township covered by the provisions of this act ; nor can the roadmaster so appointed by the township trustees be a resident of any incorporated city or village, within the township, nor shall said roadmaster be nearer of kin than second cousin to any member of the board of township trus- tees making the appointment. Sec. 4890. [Auditor to give notice to township clerk.] Unless such notice has heretofore been given, the auditor of each of said coun- ties shall immediately give notice to the clerk of each township in which any such road is located, that the trustees art required to take the charge and control thereof; and the auditor shall give the like notice upon the aceptance or appropriation of any other macadamized or graveled road by the county commissioners. Sec. 4891. [Township trustees charged with the repair of im- proved roads.] The township clerk, on receipt of such notice from the auditor, shall immediately notify the township trustees of such fact, who shaP, upon receipt of the notice, have full charge and control of all such ro ids as are herein provided for within their townships ; and the trustees shall divide such road, or roads, into sections of not less than one-half mile each, and shall keep them in repair, and in good condition for all kinds of public travel, and for that purpose they are invested with all necessary powers as to drainage, the purchase of stone, gravel, or other material, or if necessary, the condemnation of such material for the repair of the roads within their townships, as are, or may be conferred by law upon county commissioners. 32s LAWS RELATING TO AGRICULTURE. Sec. 4892. [Trustees may assign roads to supervisors.] The trustees may at their regular March session each year apportion and assign to the several supervisors of roads in their townships, or to other suitable persons, such road or roads, or any part or parts thereof in the road districts of such supervisors respectively, to be by such supervisors, or .by such other suitable persons kept in repair as re- quired in section forty-eight hundred and ninety-one and under the con- trol and supervision 'of the trustees. And all money paid out of the township treasury for the repair or improvement of such roads shall be paid to the person performing such labor, on the order of the trustees of such township. Sec. 4893. [Trustees to report annually to commissioners.] The trustees shall transmit to the commissioners of the county, prior to their regular quarterly meeting on the first Monday of_ June in each year, a statement showing the number of miles of free gravel roads in their township, the amount of levy made for road purposes, and the pro rata of the same set apart for keeping such roads in repair and ex- pended on the same, and the conditions in which such roads are for public travel. Sec. 4894. [Trustees shall set off persons and districts for repair of roads ; labor on roads ; improved road fund ; use of tools owned by township ; transfer of certain funds to be used for such repairs.] The trustees shall provide means for keeping in repair all such roads within their township, and for that purpose shall set off persons and districts ; such persons shall perform their two days' labor as required by law, and also labor in commutation of taxes, the same to be worked out under the direction of such supervisors or such other suitable persons, as provided in sections forty-eight hundred and ninety-one and forty- eight hundred and ninety-two, and under the control and supervision of the trustees, and such supervisors or other suitable persons shall be authorized to give receipts therefor; and such trustees shall set ofif, from the common road fund of their township, such amount as to them shall seem equitable, to be an improved road fund, especially appli- cable to the care and improvemnt of such roads, and may also allow the use of any plows, scrapers, or other implements owned by the township for road purposes, and in any county in which said improved roads have been placed under the control of the county commissioners, any funds set apart or collected in any township for the repair of such roads, or any iDalance thereof remaining in any township treasury, may, by the township trustees, be transferred, and used for the repa'ir of any roads in the township, as said trustees may deem necessary. Sec. 4895. [County commissioners may levy additional tax for road purposes.] If the tax levied by the township tru.stces and the road-labor where applied to such improved roads are found by the county commissioners to be insufficient to keep such roads in'o-ood repair, they may determine and levy an additional per centum of extra road tax, to be levied upon the taxable property of the county, not exceeding two mills on the dollar in any year ; and the same shall be collected as other taxes, and when collected, shall be paid by the county treasurer to the township treasurers, upon the order of the LAWS RELATING TO AGRICULTURE. IVI'^.) county commissioners in such proportion as tliey may determine to be just and equitable between the several townships in which the roads are located, and shall be expended upon such improved roads, in ac- cordance with the foregoing provisions; or the county commissioners shall, in any townships within their respective counties, in which such roads are not kept in good repair as heretofore provided, levy an ad- ditional tax to that levied by the trustees thereof, on all taxable prop- erty of the township, on the basis of the number of miles of im- proved road or roads, within the township, sufficient to keep the same in good repair, to be collected as other taxes are, and paid over to the treasurer of the township on which such levy is made, and shall be expended by the trustees thereof on the improved roads within their township, so as to keep the same in good repair. Sec. 4895a. [Road districts created in Champaign county.] Each township in all counties which at the federal census of 1880 had, or at any subsequent federal census shall have, a population of not less than 27,817 nor more than 27,825, or at the federal census of 1890 had, or at any subsequent federal census shall have, a population of not less than 26,950 nor more than 27,000, is made a road district for the care and maintenance of all public highways, all macadamized or graveled roads which are free roads, whether constructed under general or local laws by taxation or assessment, or both, or converted by purchase, or otherwise from a toll road into a free road under any law, and all turn- pike roads or parts thereof, unfinished or abandoned by such turnpike company and appropriated or accepted by the commissioners of the county, and the same shall be kept in repair as herein provided. Sec. 4895&. [Notices by auditor.] Unless such notice has al- ready been given, the auditor of each of said counties shall immediate- ly give notice to the clerk of each township that the trustees are re- quired to take the charge and control thereof; and the auditor shall give the like notice upon the acceptance or appropriation of any other such roads. Sec. 4895c. [Township trustees to appoint road superintendents on receipt of notice.] The township clerk, on the receipt of such no- tice from the auditor, shall immediately notify the township trustees of such fact, who shall, upon receipt of the notice, have full charge and control of all such roads as are herein provided for within their town- ship. The trustees shall divide the township into such number of dis- tricts not to exceed eight, as the best interests of the public roads in their judgment may demand, and shall appoint for each of such dis- tricts a suitable person, not one of their own number, who shall be a resident of the district, and shall be known as road superintendent. Sec. 4895c?. [Oath, etc., of road superintendents.] Each person so appointed shall, before entering upon the duties of his office, take an oath to faithfully discharge the duties thereof, and give bond to the state of Ohio in a sum satisfactory to the trustees of the township, not less than five hundred dollars, with sureties as the trustees shall re- quire, which bond shall be filed with the township clerk. His appoint- iSbU LAWS RELATING TO AGRICULTURE. ment shall be for one year and he may be removed or dismissed at the will of the trustees or majority thereof at any time. Sec. 4895^. [Powers and duties of superintendents.] When properly qualified the road superintendent shall have full control under the trustees of all such roads within his district, and shall keep them in good repair and condition for all kinds of public travel, and for this purpose he shall have all the powers and privileges of road supervisors for drainage, and for the removal of timber, logs, cordwood or other obstructions found within the limits of the road from time to time. He may, subject to the will of the trustees, contract for all material necessary for repairs, and in cases of floods or freshets, giving rise to breaks in the road-bed, or washing off large quantities of gravel, he may contract for repairs, either by day or job work, and shall certify the same with itemized account to the trustees, who, upon finding the accounts correct and satisfactory, shall pay them out of the town- ship treasury from funds raised for road purposes. The trustees shall furnish such superintendent with plows, scrapers, or other implements as are necessary for the proper and economical care of the roads. The road superintendent shall, at the regular March meeting of the trustees each year, make an itemized report of the receipts and expen- ditures in his district for road purposes the preceding year ; the num- ber of persons in his district who are required by law to perform two days' labor on the public highway, and the number who have per- formed such labor; the number of miles and the condition for public travel of all roads in his district, and the probable wants of such roads for the ensuing year. The township clerk in his annual statement shall specify the amount of money received and expended for road purposes in each district of the township. The road superinten- dent shall receive for his services under the preceding sections, not exceeding two dollars per day as the trustees may determine, for the time actually employed in the care of such roads, which shall be paid out of the road funds of such township. The superintendent shall not, either directly or indirectly, work out any of the taxes herein pro- vided for in this act ; nor shall he receive any compensation for the work of any team of which he is the owner, on any such roads, nor shall he employ any member of his own family in such work by which he shall himself be financially benefited. And the trustees shall not certify any account to the township clerk in favor of any superinten- dent for work on such roads, other than is herein provided for super- intending and caring for such roads. Sec. 4895/. [Penalty for violation by superintendent.] Any such road superintendent who neglects or refuses to perform the duties enjoined on him herein, or who, under any pretense wliatever, givos 01 signs any certificate for labor or work perform .\1, 01 inaienal furnished, when the labor has not been performed or material furnished before the giving or signing of such certificate, shall forfeit for every such offense not less than five dollars nor more than fifty dollars, to be recovered by an action before a justice of the peace within the town- ship where such superintendent resides, and the trustees of the town- ship shall prosecute all offenses against the provisions of this section. f-AWS RliLATING 10 ACKICULTURE. -iSl Sec. 4895^-. [Levy of tax.] The township trustees shall' pro- vide means for keeping in repair all such roads within their township, and in addition to the two days' labor required by law, but which shall not be required to be performed during the days of corn-planting and wheat-harvesting, which shall be worked under the direction of the road superintendent in their respective districts, they shall levy upon the taxable property of the township, a sum sufficient for said purpose, njt to exceed two mills on the dollar in any one year, and the same shall be collected as other taxes, and when collected shall be paid by the county treasurer to the township treasurer upon the order of the county auditor. The trustees, in determining the division of the fund, shall be governed, not by the number of miles of road in each district, but by the necessities of the roads, the convenience of getting material, the quality of the material necessary to make substantial re- pairs, and shall make a just and equitable division of the fund between the districts. In expending the funds provided in this section, the road superintendent shall give preference to those from whom the tax is collected, and it shall be the duty of the trustees to see that this pro- vision is observed, so far as practicable for the best interests of the roads and of the taxpayers. For day work the superintendent shall pay such amount as shall be fixed by the trustees, which shall be uniform throughout the township. Sec. 4895/1. [Repair of culverts and bridges.] The superintend- ent shall keep in repair all culverts necessary for the travel and con- venience of such roads; his authority shall extend to the repairing and rebuilding of bridges and culverts in all cases wherein the expenditure of money shall not exceed fifty dollars. He shall have power to con- tract for the necessary material and labor therefor, and, when ap- proved and endorsed by the township trustees, shall certify the same, together with an itemized account of the expenses incurred to the county auditor, who, upon finding the account proper and correct, and in conformity with the provisions of this section shall, upon the order of the county commissioners, issue an order on the county treasurer for the amount of such certificate, or so much thereof as may be allowed by them in favor of the party to whom such certificate was issued. But any repairs or rebuilding, the estimated cost of which ex- ceeds ten dollars on any one culvert or bridge, shall first be author- ized by the township trustees in writing, and the superintendent shall accompany his account to the auditor with a copy of the trus- tees' authorization. Nothing in this section shall be construed to pre- vent the superintendent himself, from doing the work of repairing or rebuilding; but repairing and rebuilding culverts and bridges or overseeing the same shall be considered wholly distinct and separate from his duty as superintendent of roads, and in no case shall he re- ceive any compensation for the duties required in this section except as the commissioners may allow. Sec. 4895«'. [Office of road supervisor aboiiuned, etc.] In the counties enumerated in section 4895a, the office of road supervisor is abolished, and the trustees in their notice of election for township officers, each year shall omit the office of road supervisor in their no- tice. The road superintendent, as provided for in section 4895c, is in- 332 LAWS RELATING TO AGRICULTURfi. vested with all the powers and privileges that are conferred by law upon supervisors ; and section 4889 of the Revised Statutes, so far as it relates to the counties mentioned in section 489501 of this act, is void. Sec. 4895;. [Issue of certificates of indebtedness, and levy of tax.] Townships, that, during 1890, did not borrow money or issue certificates of indebtedness as authorized by Original section 4895/ of the act passed April 15, 1890, are hereby authorized to borrow or issue certificates of indebtedness for a sum not exceeding $1,000 for purposes of road improvement during the year 1891, and in addition to the sum already levied, may make a levy sufficient to provide for the payment of the sum herein authorized to be borrowed. Sec. 4896. [In certain other counties.] In every other county the county commissioners ar hereby constituted a board of turnpike directors, in which the management and control of all such roads therein shall be exclusively vested. Sec. 4897. [Board of turnpike directors.] The directors, at their first meeting, shall divide the county into three districts, as nearly equal in number of miles of turnpike, and conveniently located, as may be practicable, and each director shall have the personal supervision of one of such districts, subject to all rules and regulations that may from, time to time be agreed upon by the board; and the directors shall hold a meeting as such board at least once in three months, at their office at the count}' seat, and shall be governed in all transactions by the rules governing county commissioners. Sec. 4898. [Duties of directors of improved roads.] They may appoint suitable persons to superintend the work of repairs on the sev- eral roads, who shall be required to give bond and security to the sat- isfaction of the commissioners for the faithful performance of their duties, and take and subscribe an oath also, which shall be endorsed on the back of the bond, and the same shall be filed in the auditor's office of the county. The auditor of the county shall serve as clerk of the board and shall record the proceedings of the board in a book to be provided for such purpose by the county commissioners, which, shall be open for examination to all persons interested, and they shall* cause notice to be published in at least one newspaper of general cir- culation in the county, of such rules as may be adopted for the regula- tions of labor and travel on such roads, notice of the regular meetino-s of the board, and on or before the third Monday in the month of Sep- tember in each year shall make a detailed statement of receipts and ex- penses to the court of common pleas, and the same shall be examined and published as provided in section nine hundred and seventeen of the Revised Statutes of Ohio. Sec. 4899. [May contract for labor and material.] They may contract for labor and material, either at public sale or private con- tract, as will best subserve the interests of the different roads and shall certify to the county auditor, on or before the first Monday in June each }ear, the amount of money necessary for the purpose of keeping such roads, including the bridges and culverts thereon, in LAWS RELATING TO AGRICULTURE. 333 good repair; and they may, where hills have not been brought to the grade, as defined in section four thousand seven hundred and -fifty-nine Revised Statutes, when the road was originally constructed, and where public safety and convenience demands it, cut down the same, regrade and regravel, as may be found necessary, the cost of same to be paid for in [the] same manner as general repairs ; and when in the opinion of the board the interests of any of the roads require it, they may en- ter upon any lands in the county, and take the gravel or other material necessary for the repair of the roads, and shall give a certificate to the owner of such material so taken, which shall state the value thereof, together with the amount of damage to the lands by reason of the re- moval of such material ; and the county auditor, upon the presentation of such certificate, shall issue an order on the county treasurer for the amount so certified, who shall pay the same out of the turnpike fund. Sec. 4900. [Appeal from assessment of damages.] If an owner be dissatisfied with the value so certified by the board, he may appeal to the probate court of the county, subject to all the provisions of the statutes relating to the appropriation of material for road purposes, but notice of such appeal shall be filed with the probate judge of the county within ten days after the delivery of the certificate. Sec. 4901. [General levy for repairs.] Upon the issue of such certificate to the county auditor he shall levy upon all the taxable property of the county such sum, not to exceed three-twentieths of one mill for every ten miles of turnpike completed in the county, the receipts thereof to constitute a turnpike fund in the county treasury, to be paid out only upon the order of the county auditor, issued upon the certificate of the board of turnpike directors, properly attested by the clerk of the board; but in all counties wherein a levy is made for turnpike repair purposes, as provided in this section, the county com- missioners shall make no further levy for general road purposes, and in such case the township trustees in such counties may make such levy for common road purposes in their several townships as they may deem proper, not to exceed in amount the combined levy that would have been authorized by county commissioners and township trustees in case no levy had been made under the provisions of this section. Sec. 4902. [When and under whose control road labor to be per- formed.] In townships where such roads are located and placed un- der the control of turnpike directors under the supervision of this chapter, the township trustees shall, at their annual meeting in March, designate and set off such portion of the two days' labor as they may deem just and equitable, to be performed under the control of the board of directors or their superintendents subject to all the rules and regulations of law for its performance under the direction of road supervisors. Sec. 4903. [Compensation of directors and others.] The com- pensation for services as such director shall be the same in all respects as county commissioners, and the services of superintendents and clerk of the board shall be subject to the agreement of I he board, but not to 334 LAWS RELATING TO AGRICULTURE. exceed two dollars and fifty cents per day for time actually employed, and to be paid out of the turnpike fund. S'ec. 4904. [Regulation of burdens on improved roads.] It shall be unlawful for any person or persons, firm or corporation, m any county having free or toll macadamized, graveled or stone roads, to transport over such roads, in any vehicle having a tire of less than three inches in width, a burden, including weight of vehicle, of more than thirty-four hundred pounds. The county commissioners of every county shall constitute a board of directors for their respective counties, with power to prescribe the increased gross weight in quan- tity greater than thirty-four hundred pounds that may be carried, including weight of vehicles, in vehicles having a width of tire three inches or upwards, and cause such regulations to be recorded in their journal. All persons violating this act or any regulations duly pre- scribed by the aforesaid board of county commissioners made in pursuance hereof, shall be guilty of a misdemeanor, and on conviction shall be fined not less than five dollars nor more than fifty dollars, and shall be imprisoned until the fine and costs of prosecution are paid, or said person so convicted duly discharged according to law. The board of trustees or any one of them.oranypike superintendent or com- missioner within their respective jurisdiction, or any owner or presi- dent of any turnpike company owning or operating a turnpike road within any county, and the county commissioners within their re- spective counties, shall cause to be prosecuted all persons violating this act or violating any regulations prescribed by the board of county commissioners, made in pursuance of the authority herein conferred. The county commissioners within their respective counties are hereby empowered to appoint some suitable person or persons to enforce the requirements of this act and such regulations as are made in pursu- ance of the authority herein conferred; and the person or persons so appointed shall receive, upon any conviction for an offense by them prosecuted under this act, such portion of the fine or penalty as the commissioners may deem just and proper; and on complaint of any freeholder, and if, in the opinion of the board, owner or president of any such turnpike company, the complaint is well founded, the said board, owner or president of any such turnpike company may also en- join any person or persons who are engaged in the business of trans- porting heavy loads over such roads in violation of the requirements prescribed under it, and the court in any such action may render judgment against the defendant or defendants for any damage done. Sec. 4905. [Penalties for violation of rules.] Any person who violates, either by himself or agent, any of the rules or regulations adopted by the board, and recorded in their book of records, shall upon conviction thereof before any justice of the peace of the county or any court having competent jurisdiction, be fined in any sum not less than ten dollars for each offense ; and all such fines shall be paid into the county treasury for the use of the turnpike fund. Sec. 4906. [Parts of roads in cities and villages to be repaired.] The commissioners shall keep in repair such portions of such roads within their respective counties as have since their completion been LAWS RELATING TO AGRICULTURE. 335 included, or may hereafter be included, within the corporate hmits of any city or village in such counties, to points therein where the side- walks have been curbed and guttered, and no further. Sec. 4907. [Certain fund? apportioned.] In each county wherein the commissioners have been, by virtue of their office, constituted a board of directors for keeping in repair the turnpike roads therein, and who are not now by law such board, and who will not by the passage of this chapter be made such board, and wherein there is an accumulated fund in the hands of the treasurer thereof for the pur- pose of keeping in repair such roads, the commissioners shall appor- tion such fund to the different townships within their county, accord- ing to th ■ number of miles of turnpike roads therein contained; and they shall direct tne county auditor to draw warrants on the county treasurer, payable to the treasurers of the respective townships, for the amount so apportioned, to be used in keeping in repair the turn- pikes therein contained, in accordance with law, and for no other purpose. MISCELLANEOUS PROVISIONS. Sec. 4908. [How certain roads may be vacated.] When a road has been dedicated by private persons to public use, a majority in interest of the proprietors of lands adjoining the road may, after hav- ing given thirty days' notice by advertisement in one or more news- papers published in the county in which the road is located, and hav- ing given notice in the township or townships where the road is lo- cated, by having posted up copies of such notice in three or more public places therein, at least thirty days days previous, petition the commissioners of the county for the vacation of the road or any part thereof; and if the commissioners are satisfied that the notice has been given, and that no injustice will be done thereby, they shall declare the same vacated ; but all costs and expenses accruing upon any petition under this section shall be paid by the petitioners. Sec. 4go8&. [Land may be dedicated for use as public highways.] That any person or persons may dedicate any tract or strips of ground to the public use as a highway, either by plat or deed of gift to the county or township, filed with the commissioners or trustees, and by them recorded as road surveys and other plats; and the county commissioners, or in a proper case the township trustees, may, if they deem such road of sufficient public utility, accept the same, by entry to that effect on their record, and recording as aforesaid. Upon such acceptance, said tract or strip shall become and be a legally estab- lished highway. Sec. 4909. [Sidewalks along roads authorized.] Any person or 'board of education, the council of any village, the trustees of any cemetery association, or any agricultural or reHgious society may appropriate on any public road of sufficient width on either side thereof, sufficient land to construct thereon a public sidewalk not ex- ceeding six feet in width, and may construct such sidewalk thereon ; 336 LAWS RELATING TO AGRICULTURE. but such sidewalks shall not obstruct any private entrance or public highway. Sec. 4909-1. [Sidewalks along highways.] It shall be lawful for any land-owner owning land abutting upon any highway, not within a municipal corporation, to improve the same as follows : When approved "by the township trustees, he may build an [d] im- prove a sidewalk of such width as the trustees shall determine, not ex- ceeding six feet, and at his own expense, and when completed and approved by the trustees, any person who maliciously injures the same, shall be liable to the owner thereof in double the amount of damages that may be assessed against him, before any court of com- petent jurisdiction. Sec, 4910. [Township trustees may borrow money for cer- tain purposes; when question of issue shall be submitted to vote.] The trustees of any township in which there is now or may hereafter be located any cemetery, when it becomes necessary to make or re- pair roads, or build or improve sidewalks, from any public road, or from any town or village to such cemetery, may borrow money and issue bonds not exceeding fifteen hundred dollars, and at a rate of interest not exceeding six per cent, per annum, for the purpose of making, repairing or building such roads or walks from, such public highway, or town or village, to such cemetery. Provided, further, upon petition of a majority of the owners of real estate abutting on said road or sidewalk, the trustees shall submit the question of bor- rowing money and i-ssuing bonds for the purpose of making, repairing or building such roads or walks to the cemetery to a vote of the quali- fied electors of said township, at an}- special or general election, of which at least ten days' notice shall be given. If a majority of the votersofsaidtownshiptote in favor of issuing said bonds,then the trus- tees of said township shall issue said bonds as provided for in this section. Sec. 4911. [May levy tax to pay same.] If the trustees of any such township borrow money and issue bonds, as provided in the preceding section, they shall levy a tax from year to year on all the taxable property of the township, not exceeding one-fourth of a mill on the dollar in any one year, and the amount so raised shall not be applied to any other purpose than that which is specified in said sec- tion ; but if there oe a surplus aftei- paying the sum borrowed, it shall be appropriated to the current expenses of the township. Sec. 4912. [When commissioners may transport material by rail.] When county commissioners, in contracting for the construction of turnpike roads, under any law, find it necessary, by reason of the inconvenient location of gravel or stone for the construction or repair of such roads-, to have the gravel or stone transported to convenient points by rail, they may make such contract for transportation, at public sale, as will best subserve the public interest ; the cost of such material, and the transportation of the same, shall be paid from the county treasury, by order of the commissioners, from any funds ap- plicable to the construction of such roads, and the same shall be taken LAWS RELATING TO AGRICULTURE. H37 into the estimate of any contract price, at the time of the sale of such roads ; and contracts heretofore entered into for the purpose above named, and remaining uncompleted, shall be held to fall within the provisions of this section. Sec. 4913. [County commissioners may appropriate certain roads.] The county commissioners of any county through which any turnpike or plankroad, or part of the same passes, are authorized to appropriate as county roads any part of such roads that may re- main unfinished for five years ; and they -may proceed at any time after any such road has become a county road, under the provisions of this section, to improve the same under the provisions of any law, and shall have the benefit of all work done on such road or parts thereof, by any company or corporation, without any compensation for the same ; but this section shall not be construed to authorize the appro- priation of any part of such road already finished. Sec. 4914. [What roads may be declared abandoned, and when.] Any turnpike or plankroad in the state upon which toll has been or may be authorized to be taken, which has been or may hereafter be out of repair for the period of six months, shall be deemed and held abandoned; and upon such abandonment being declared, as herein- after provided, it shall be unlawful for any company or person owning or claiming to own such road, or any person owning or claiming to own the right to take tolls thereon, or any person in behalf of such company or person, to take, demand, or receive toll for the use of such road, or so much thereof as may be so declared abandoned. Sec. 4915. [Petition to have same declared abandoned.] Any twelve or more freeholders of a county in or through which any toll, turnpike or plankroad, or any part thereof, has been or may hereafter be constructed, may present to the probate court of any county in which such road or part thereof is situate, their petition, stating that such road or part thereof has not been kept in repair for the preced- ing six. months, and praying that the same may be declared abandoned and vacated as a toll road; to which petition the company or persons owning or claiming to own such road, and all persons owning or claiming to own the right to take toll thereon, shall be made defend- ants. Sec. 4916. [Notice, and hearing on petition.] On the filing of such petition the court shall fix a time for the hearing thereof, not less than thirty days nor more than forty days thereafter, and issue a notice in writing to the defendants, stating the filing of such petition, and the day fixed for hearing thereof, and requiring the defendants to appear and answer, which notice shall be served in the same way as a summons in civil cases; and on the hearing of such petition, if the court find that the road or part thereof has been out of repair as afore- said, the court shall declare the same abandoned and vacated as a toll road. 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 22— F. H. B. •"3B8 LAWS RELATING TO AGRICULTURE. appear by affidavit on the filing of tlie petition, the court shall order notice to be given by the petitioners to such non-resident, by publi- cation for three consecutive weeks, in some newspaper printed and of general circulation in the count}^, stating the time when such petition will be for hearing, and the object and prayer thereof, which publi- cation, 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 in- adequate to provide money necessary to repair such damages, or to re- move obstructions 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 dol- lars, 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 purpose un- der the provisions 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 coujicil 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 LAWS RELATING TO AGRICULTURE. ■iH'ti (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 sec- tion 4919. Sec. 4920. [Such tax may be anticipated; contract to improve parts of road; certificate of amount of compensation due; rights of holder of certificate.] To anticipate the receipts which may come into the county treasury by virtue of such tax, the commissioners may borrow from time to time, such sums of money as shall not exceed in the aggregate four-fifths of the tax levied ; but the money so borrowed in any one year shall not exceed four-fifths of the taxes levied in such year, and shall be paid with lawful interest, at the county treasury, out of the taxes so levied. In addition to the power to borrow money, as herein granted, said commissioners are authorized, upon the writ- ten petition of one or more persons interested, describing the road or part thereof proposed to be improved, to contract in writing with any person or persons living upon or near, or owning land abutting upon any such road within the county, to improve such part of such road as may be described in said petition, within such time and in such man- ner, and for such compensation, payable as hereinafter provided, and not otherwise, as said commissioners may direct; and as soon as such road or part thereof is fully improved and completed, to the satis- faction of said commissioners, they shall give to the person, his ad- ministrator or executor, with whom they have contracted to repair the same, a certificate, specifying the amount of compensation due for work performed under said contract, stating when authority was given for the improvement of such road, and when the same was completed and accepted by the commissioners. In case of any dispute between the person or persons making such improvement and the commissioners, the judgment of the commissioners therein shall be final. The holder of such certificate shall be entitled to have the amount of compensation therein specified credited on any road tax levied on the property of such person situate within the township within which such road or part of road may have been improved, as aforesaid. If such road tax levied in any one year on such property is not sufficient to cover the amount named in the certificate, the same shall, in hke manner, be so credited from year to year, until the certificate is fully paid without interest; and until such certificate shall be paid in full, the county auditor shall issue, each year on demand, to the holder of such certificate, a warrant, addressed to the treasurer of the county, specifying the amount of road tax which is chargeable against the property of the holder of such certificate, in such year, in said township, and directing the treasurer to receive the same as cash in payment of such road tax. And the holder of such certificate may transfer the same [and] any balance due thereon to any subsequent purchaser of the property owned by him in such township, when such certificate was issued ; and whenever any road or part of road shall have been improved in pursuance of contract made with the county commissioners, as provided in this section, it shall be lawful for the county commissioners or the trustees of the township in which such road or part of road improved as aforesaid, shall be situated, to enter into an agreement with any responsible person or persons for the repair of such improved road or part of road from year to year, and 340 LAWS RELATING TO AGRICULTURE. Upon such terms as may be agreed upon, and the amount so agreed to be paid for the repair of such road or part of road, shall be paid out of the county road fund in case said agreement shall have been made with the county commissioners, or out of the township road fund in case said agreement shall have been made with the township trustees. Sec. 4921. [How surplus of tax to be disposed of.] AH money assessedandcollectedunder the provisions of section forty-nine hundred and nineteen, which remains in the hands of the county treasurer, un- expended and unappropriated, for a period of six months after the annual September settlement for [the] fiscal year during which the tax was collected, shall be paid to the treasurer of the township or municipal corporation from which the same was collected, and shall be expended on the public roads, under the direction of the trustees of the proper township or municipal corporation, in such manner as may seem to them most advantageous to the interest of the township or corporation, for the construction, reconstruction, or repair of roads, and in building or repairing bridges. Sec. 4922. [When commissioners may build embankments.] When any of the principal public roads in any county, except turn- pike roads, over which tolls are collected, are subject to overflow or inundation, so as to render the same at any time unfit for public travel, or hinder free and necessary transportation, the commissioners of such county may repair or reconstruct such roads by changing the beds of small streams to avoid crossing, or to change roads to avoid bridges, where the public travel would be better accommodated, or by building embankments or levee sufficiently elevated above all such overflows or inundation; and the expenses of such embankment, changes, or levee shall be paid out of the money in the county treasury, or that may be hereafter raised by taxation, for road or bridge pur- poses. Sec. 4923. [When the road belongs to adjoining counties.] When any such road has been constructed by adjoining counties, the commissioners of such counties, conjointly, may repair or reconstruct such road above an elevation of sucli overflow or inundation, and the expense of the same shall be paid from any money which may be in or shall hereafter come into the treasury of such counties for road or bridge purposes, in proportion to the aggregate amount of the tax duplicate of their respective counties. Sec. 4924. [When commissioners may establish a ferry.] When any county bridge has been destroyed by fire, flood or any other case [cause], the county commissioners may establish or cause to be es- tablished, a free ferry in lieu of such bridge. They may also establish or cause to be established a free ferry over any of the interior streams of the state of Ohio where it is not expedient to build a bridge. But the cost of maintaining such free ferry shall not in any case exceed the interest on the probable cost of constructing a bridge across the stream. LAWS RELATING TO AGRICULTURE. 841 Sec. 4925. [When commissioners authorized to levy additional road tax.] When two-thirds of the resident freehold taxpayers livnig on the line of any state road, county road, township, road, or turnpike road, file a petition with the county commissioners asking for an extra tax for the purpose of constructing, improving or repairing such road, said commissioners shall levy such tax as in their judgment may be required, not to exceed six mills on the dollar valuation in any one year, on all the lands and taxable property for a distance on each side of such road not exceeding one mile, and in no case more than one-half the distance from such road to any other state, county, town- ship or free turnpike road running parallel or nearly parallel thereto. Provided that upon the filing of such petition the commissioners shall give notice of the time of hearing of such petition by publication for ten days in a newspaper of general circulation in the county and shall provide for the payment of costs as in other road cases. If upon the hearing the commissioners shall grant the prayer of the petition they shall appoint two freehold taxpayers of the road district who to- gether with the road supervisor of the district in which the improve- ment is sought to be made shall constitute a road commission for the purpose of the improvement as prayed for and shall have the same powers and duties as road commissioners in other cases. Sec. 4926. [How long such tax to continue.] When any such tax is levied it shall continue for the term of three years and no longer, unless at the expiration of three years the petition or request be re- newed; and in that event such tax may be levied for the term of three years longer. Sec. 4927. [When such tax may be levied in a township.] The auditor of any county shall levy such tax on the lands and property on the line of any such road, in any township, when petitioned for by three-fourths of the resident freehold taxpayers on such road, in such township only. Sec. 4928. [Such tax may be paid in labor.] If in the judgment of the commissioners herein provided for, the improvement of such road may be done in whole or in part by the labor of the taxpayers within such road improvement district, the assessment of any tax- payer or any part thereof may be worked out on such road improve- ment. Sec. 4929. [Supervisors to give receipts.] If such taxes be dis- charged by labor the supervisors shall receipt therefor, as in other cases for like services, and their receipts shall be received by the county treasurer in discharge of such tax. Sec. 4929-1. [Abatement of tax of him who constructs watering trough.] The township trustees of the several townships in this state, shall annually abate three dollars from the highway tax of any inhabi- tant of a road district, who shall construct on his own land, and keep in repair, a watering trough beside the public highway, well supplied with fresh water, the surface of which shall be two or more feet above the level of ground, and easily accessible for horses with vehicles, but 342 LAWS RELATING TO AGRICULTURE. the said trustees respectively may designate the number necessary for the pubHc convenience in each road district, and no other than those designated shall be alowed this abatement of tax. Sec. 4930. [Disbursement of tax when paid in money.] All taxes arising under the provisions of sections four thousand nine hundred and twenty-live, four thousand nine hundred and twenty-six and four thousand nine hundred and twenty-seven and not discharged by labor, shall be collected as other taxes by the treasurer of the county, and by him paid to the treasurers of the townships in which such roads are situate, and be disbursed by the trustees of such townships upon the roads for which the same were levied ; but if any road, for the benefit of which any tax is so levied is on a township line, the county treas- urer shall pay to each of the township treasurers the portion of the taxes collected belonging to his township. Sec. 4931. [National road in charge of county commissioners.] The commissioners of counties through which any part of the National Road passes shall take under their care and control, in behalf of their respective counties, so much of said road as lies within the limits of their counties respectively, except such parts thereof as are or may be by law under the control of cities or villages ; said road shall be kept in such repair, by each county so taking possession thereof, as is con- templated by the acts of congress ceding to the state the jurisdiction and control of such portion of said National Road as lies within the limits of this state ; and such commissioners shall be governed in all respects by the laws in force relating to said road, except as herein- after provided ; but they shall not assess or levy any tax for the repair or preservation of said road, except as provided in the general statutes for the repair and preservation of county and state roads. Sec. 4932. [Their powers and duties in relation thereto.] The commissioners may cause gates and toll-houses to be erected on said road within their respective counties, at such places as they shall designate, for the collection of tolls, appoint the necessary collectors of tolls, and remove them at pleasure, and pay them reasonable com- pensation for their services ; the collectors shall pay into the treas- uries of their respective counties, at the end of each month, all money collectd and remaining in their hands after deducting the compensa- tion allowed for their services, and the commissioners shall apply such money to the keeping in repair of said road within their respec- tive counties ; and in the collection of tolls the collectors shall be governed in all respects by the laws in force relating to the collection of tolls ; but no toll shall be charged or collected for travel on the pan of said road situate in Madison county, or on the part lying between the city of Columbus and the Columbus asylum for the insane; and all persons shall be permitted to travel on said parts of said road free of toll. Sec. 4933. [May collect toll between toll-gates.] The commis- sioners, if they deem it for the best interest of the road may require the collection of toll from persons who may travel with horses and all kinds of carriages and wagons between toll-gates, or between the LAWS RELATING TO AGRICULTURL. :)4:) county line and the nearest gate thereto, at the same rate per mile as may be charged for like travel on said road to persons traveling or hauling through the toll-gates thereof, and may make such rules and regulations with regard to the collection of such intermediate tolls as they may deem just and proper. Sec. 4934. [Special provision for Madison county.] When the consent of the congress of the United States shall have been ob- tained thereto, the commissioners of any county through which said road passes may, if they deem it for the best interest of the road, or the people whom the road accommodates, submit to the legal voters of the county, at any regular or special election, the question, "Shall the National Road be a free turnpike road;" and when the question is submitted, if a majority of all those voting thereon vote "Yes," the commissioners shall sell the gates, toll-houses, and any other property belonging to the road, to the highest bidder, apply the pro- ceeds of the sale to the repair of the road, and declare so much of the road as lies within their county a free turnpike road, to be kept in repair in the way and manner provided by law for the repair of free turnpikes. Sec. 4935. [Unfinished portions of National road.] The com- missioners of such counties in which said road has never been com- pleted, and in which no toll-gates are erected, or toll collected, may proceed in accordance with the provisions of chapter seven to make and declare such unfinished parts of the I'oad a free turnpike or county road. Sec. 4935a. [Road records, how restored; publication and no- tice of; costs of; how paid.] Whenever an application shall be filed in the court of common pleas of any county by the commissioners thereof, showing that the records of any specified road or roads of said county were lost or destroyed by fire, riot or civil commotion, and that copies thereof or of some of them are in existence, and praying that the verity of such copies as may be produced shall be ascertained and declared by the court, said court shall require notice to be given by publication for six weeks, upon such days, not less than once a week, and in such newspapers as said court shall direct,of the filing and prayer of said application, and that the same will stand for hearing" upon some day fixed by the court, and requiring all persons interested to appear on said day and show cause, if any they have, why said ap- plication should not be granted, and shall also cause a copy of said pub- lication to be served at each house which is occupied on the premises abutting on said road or roads, upon any person dwelling therein, and upon the owner of each lot or tract of land abutting on said road or roads, or his agent, if the same be found in said county, at least one week before the day fixed for such hearing. Upon the day fixed for said hearing, and upon such days thereafter as said court by entry on its journal may direct, said court shall proceed to hear and determine whether the papers produced before it or any of them, are accurate or substantial copies of said records fairly and honestly made, in con- sidering which it shall hear any evidence which in its judgment throws light upon the question without regard to the ordinary rules of evi- 344 LAWS RELATING TO AGRICULTURE. dence ; and if, and as often as, said court shall find any of said papers tobeaccurateor substantial copies of such records,it shall so enter upon its journal and direct transcripts of such copies ,to be made by such persons as it may select. As often as any of said transcripts shall be completed to the satisfaction of the court, an entry of that fact shall be made upon its journal and thereupon the clerk shall certify upon such transcripts that they have been approved by the court, and shall deliver them to the commissioners of said county, and thereafter said transcripts so certified shall prima facie have the same force and effect as the originals from which said copies were made. The costs of making said transcripts shall be fixed and allowed by the court, other costs under this and the following sections shall be the same as now fixed by law for similar services, and all costs for restoring such lost road records shall be paid by the county, except as hereinafter pro- vided. Sec. 49355. [Proceeding when copies of records, etc., are in ex- istence.] Upon its appearing to the court at any time after the filing of said application and before the final determination thereof that any person has in his possession or under his control papers purporting to be copies of said record, or the originals from which the same were ■ made and refuses to produce the same to the court, the said court shall issue a rule requiring such person to show cause why he does not produce such papers and enforce the same by proceedings for con- tempt as in other cases, and in case the production of such pa- pers is ordered by the court, the party ordered to produce the same shall pay all the costs under this section. Sec. 4935c. [County roads.] As to all county roads whose rec- ords have been lost or destroyed as aforesaid, and are not reproduced under the foregoing sections, prinm facie the center of the road as now fenced shall be taken as the true center, and prima fa-cie the width of the said road shall be sixty feet. Sec. 4935-1. [Conditions upon which mine and quarry operators permitted to undermine or cross public roads.] An act entitled "An act to permit mine, quarry operators to cross roads," passed February 17, 1893, be amended so as to read as follows : That any individuaf, partnership or corporation in Ohio, who may now or hereafter own any land or any interest either in fee or otherwise, containing any coal, clay or stone, and over any portion of which shall pass any stated county or township road or public highway, with the consent of the board of county commissioners in case of state or county roads or township trustees in case of township roads, shall have and are hereby authorized to excavate, mine, quarry through or under any such road; provided, however, that before said work shall be commenced said individual, partnership or corporation shall execute and deliver to the board of county commissioners of any such county, a bond with good and sufficient surety, in such an amount as shall be by said board considered sufficient to cover all damages that may accrue by reason of excavating, mining or quarrying through or under any such road, the same to be approved by said board; conditioned, that while cross- ing over or mining or quarrying under any such road, a safe and un- obstructed passageway or road shall be kept open by such individual LAWS RELATING TO AGRICULTURE. 345 partnership or corporation for public use, and as soon as practicable the said road shall be fully restored to its original safe and passable condition. (4935-2.) [Owner of land abutting on public road may lay pipe- line for water, etc., within line of road.] It shall be lawful for any land owner owning land abutting upon any public road, not within a municipal corporation, when approved by the county commissioners, if upon a state or county road, and when approved by the township trus- tees if upon a township road, to lay a pipe line within the line of the road for the pur-pose of conveying water for public and other purposes ; providing that the laying of such pipe-line shall in no way interfere with public travel or damage such road, and under such regulations as the commissioners or trustees may prescribe. BICYCLE SIDE-PATHS. Sec. 4935-3. [Board of side-path commissioners.] The probate judge of any county shall upon the petition of five resident wheelmen of such county, appoint from the resident citizens thereof, five persons, giving to each city and to each rural district in the county a repre- sentation on the board, as near as possible, in proportion to the prob- able number of cyclists residing in such localities, each of whom shall be a cyclist, who shall constitute a board of sidepath commissioners for such county. The terms of such commissioners shall be one, two, three, four and five years, from and including the first day of January of the year in which the appointment is made, to be determined by such commissioners by lot within one month after their appoint- ment. A commissioner thereafter appointed for a full term, shall hold office for five years from and including the first day of January of the year in which the appointment is made. A commissioner appointed to fill a vacancy occurring otherwise tRan by expiration of term, shall be appointed for the unexpired term of his predecessor in office. When- ever a vacancy shall occur in the office of such a commissioner by expiration of term or otherwise, the chairman and secretary of the board shall file a notice with the probate judge, specifying the name of such commissioner, the city or town in which he resided, and the term for which his successor should be appointed. Upon the receipt of such notice, the probate judge shall appoint a person to fill such vacancy and file such appointment in the office of the county clerk. The county clerk shall forthwith notify such person of his appoint- ment, and he shall take office immediately upon filing his written acceptance thereof with the county clerk and taking the constitutional oath of office. If any person so appointed fails to file such acceptance with the county clerk, or to take the constitutional oath of office, within ten days after receiving notice of his appointment, or if any member of the board fails to attend three consecutive, regular meetings without being excused by a vote of the board, the board of sidepath commissioners may declare the place vacant by a majority vote of the board. Such commissioners shall serve without compensation, but shall be repaid their actual and necessary disbursements, out of the sidepath fund. 346 ■ LAWS RELATING TO AGRICULTURE. Sec. 4935-4. [Power to construct and maintain side-paths.] Such board of sidepath commissioners is hereby authorized and empowered to construct and maintain sidepaths along any public road or sections thereof, of the county, outside the limits of incorporated cities and vil- lages, or outside the corporation tax district thereof. No sidepath shall be constructed upon or along any regularly constructed or rnaintained sidewalk, except by the consent of persons owning the abutting lands. Such paths shall not be less than three feet wide in any case nor more than six feet wide, without the consent of the owners of the abutting lands, and shall be constructed within the outside lines and along and upon either side of such public roads. The term "sidewalk," as used in this act, means any sidewalk constructed and maintained as such by the public authorities or the owner of the abutting lands, which is re- served by custom for the use of pedestrians; but not including foot- paths or portions of the public road which are worn only by travel. No member or any number of members of a sidepath commission shall be- gin or in any way authorize the construction of a sidepath, to be built from the sidepath fund until the record of the proceedings of the board shows that it has voted to construct such a path. Sec. 4935-5. [License upon bicycles.] Such board of sidepath commissioners shall at their first meeting or within a reasonable time thereafter, and in each succeeding calendar year, adopt a form of li- cense to consist of an inscription, tag, badge, emblem or device suit- able to be aiifixed to a bicycle and to be known as a bicycle sidepath license. Any person, upon the payment of a fee of one dollar, shall be entitled to receive such license, which shall be good during the calen- dar year for which it is issued, and for no longer. Every such license to be valid must be issued by the sidepath commissioners of the county wherein the bicyclist resides, except that any bicyclist who resides in another state or in some county of this state where there is no side- path commission, may secure a license in any county where a sidepath commission has been lawfully appointed by a probate judge, and such license shall be valid for the U^e of the person so purchasing for the calendar year for which it is issued and no longer. No person shall ride a bicycle on any sidepath in any county of this state where a sidepath commission has been or at any time hereafter may be ap- pointed, unless a valid bicycle license is attached or affixed to the left side of the front fork, or upon the lower tube of the frame within six inches from the head so that the license device will show on the left side of the lower tube of such bicycle. Sec. 4935-6. [License fee to be paid to county treasurer.] The license fees authorized by the said boards of sidepath commissioners shall be paid on or before the first day of July in each year to the county treasurer of their respective counties, by whom they shall be credited to a special fund, to be called "the sidepath fund." No claims against the sidepath commissioners shall be paid otherwise than upon the allowance of the said sidepath commissioners or a majority thereof. .Upon the proper certificate of the allowance of any claims by the said commission the county auditor shall draw his warrant upon the treas- urer for said sum. But no money shall be disbursed by the said com- missioners, or any of them, but the same shall be disbursed by the LAWS RELATING TO AGRICULTURE. 347 county treasurer, upon the warrant of the auditor specifying the name of the party entitled and upon what account ; but no warrants shall be so drawn in excess of the amount actually on deposit, nor shall any ontract or purchase be made exceeding the amount of such funds at the time of making such contract or purchase. All bills shall be made out in duplicate. Sec. 4935-7. [Disposition of fees.] Th.e said boards of sidepath commissioners shall devote the moneys so collected to the repairing of existing paths in their respective counties ; to the construction of new sidepaths, and to the maintaining of order on the paths. Sec. 4935-8. [Penalty for wrongful use of path.] No person shall lead, stand, hitch, or drive any horse, cattle, sheep, swine or other animals upon any sidepath now constructed or hereafter to be con- structed in this state, except for the purposes of access to, and egress from, lands abutting on the highway. Sec. 4935-9. [Obstructing, destroying, etc., of path.] No per- son shall obstruct, injure or destroy any sidepath or any portion there- of, now constructed or hereafter to be constructed in said state. Sec. 4935-10. [Speed upon path.] No person shall ride a bicy- cle at a greater speed than ten miles per hour when passing another cyclist or a pedestrian on any sidepath in said state. Sec. 4935-11. [Sidepaths heretofore constructed to be placed under control of sidepath commissioners.] The sidepaths heretofore constructed and herafter to be constructed in said state are hereby placed under the control and direction of the boards of sidepath com- missioners of the various cotmties in which they are located. Sec. 4935-12. [May remove tree limbs, etc.] Any board of side- path commissioners may remove limbs of. trees overhanging any side- path or any other obstruction in the county wherein said board has jurisdiction, when in the judgment of said board, the same may inter- fere with the free passage of bicycles along said path. Sec. 4935-13. [Penalties.] Any person who rides a bicycle on any sidepath in this state in violation of any of the sections of this act, or does any of the acts by the provisions of this law forbidden, is guilty of a misdemeanor, and shall be punishable by a fine of not less than five nor more than twenty-five dollars, and in case of failure to pay any fine that may be imposed such person shall be committed to jail not exceeding one day for each dollar of such fine. Sec. 4935-14- [Security for appearance in court.] Any person arrested for the violation of any of the provisions of this act, or of any ordinance or by-law adopted as provided in this act, may tender at the time of his or her arrest, or at any time before the hearing thereon either five dollars in current money, or his or her bicycle or similar vehicle, as security for his or her appearance in court to make answer to the charge of violating the provisions of this act or any ordinance or by-law adopted as provided in this act; and the officer making the arrest, shall accept the security, which the rider may ofifer, as afore- ^48 LAWS RELATING TO AGRICULTURE. said, for his appearance, before the most convenient court or magis- trate, to be specified by said officer at a time to be fixed by him not less than one day, in said city, village or town having jurisdiction of the oflfense, and such security shall be forthwith delivered, by such ofificer, to such court or magistrate. In case the person arrested shall fail to appear and answer to such charge at the time so specified or at such other time to which the matter shall have been adjourned, such secur- ity shall be forfeited, and if money, shall be disposed of in the same manner as other fines are disposed of by such court or magistrate, and, if a bicycle or similar vehicle, it may be sold under the direction of such court or magistrate at public sale, a notice of which shall be posted in three public places in such city, town or village, and a copy thereof served personally or by mail upon the person who tendered the same at least six days before such sale, and after the payment of legal costs five dollars of the money received upon such sale shall be disposed of in the same manner as other fines collected by such court or magistrate, and the remainder of the money received upon such sale shall be paid to the owner of such bicycle or other similar vehicle on demand. Sec. 4935-15. [Notice.] But no person shall be arrested or fined for the violation of any of the provisions of this act, pertainino- to any municipality, or of any ordinance or by-law of any municipal corpora- tion unless such municipality shall have placed at the corporate limits of such municipal corporation in at least four prominent thorough- fares; signs inscribed "sidewalk riding prohibited." BRIDGES. Sec. 4936. [County commissioners to build bridges over canals.] The commissioners of any county through which any canal or feeder of a canal of this state passes, except such as are built by incorporated companies, shall, at the cost of such county, keep in good repair all bridges, where any state or county road crosses such canals. Sec. 4937. [Swing bridges may be built over canals.] When it is deemed necessary to construct a bridge upon any street, road, or public highway, across any of the canals or feeder of the canals in this state, in any city or village, the council of such city or village, or the commissioners of the county in which such city or village is situate, and having lawful authority to construct or erect'a bridge on such road' street, or public highway where the same crosses any such canal or feeder of the canal, may erect and maintain for public use, a swing bridge, or self-closing bridge upon any such street, road or pubHc highway, at such place; but no such bridge shall be so constructed or erected without first obtaining for the model and location thereof, the consent, in writing, of the board of public works. Sec. 4938. [Commissioners must build bridges in certain cities and villages.] The commissioners of the several counties shall cause to be constructed and kept in repair, in the manner prescriljed bv law all necessary bridges in villages and cities not having the right to de- LAWS RELATING TO AGRICULTURE. 349 mand and receive any portion of the bridge fund levied upon the prop- erty within such corporations, on all state and county roads, free turn- pikes, improved roads, transferred and abandoned turnpikes and plankroads, which are of general and public utility, running into or through any such village or city. Sec. 4939. [Joint county and railroad bridges.] The commis- sioners of any county may contract with any railroad company fpr the construction, use, and maintenance of wagon tracks in connection with railroad bridges. Sec. 4940. [Construction of approaches to county bridges; pur- chase of materials; appropriation of materials; lighting of bridges; when municipality shall pay for such lighting ; duty of township trus- tees as to building and repairing bridges.] The commissioners of any county shall cause to be constructed without unnecessary delay, good and sufficient approaches or ways to bridges which have been or may hereafter be erected by them ; and they shall contract for the con- struction thereof in the same manner as is provided by law for con- tracting for the construction of bridges by county commissioners ; and the county commissioners of any county may contract for, and pur- chase such stone, gravel, earth; dirt or other material as may be neces- sary for the construction of such approaches or ways to such brido'es or for keeping the same in repair, provided that if the commissioners and the owner or owners of such stone, gravel, earth, dirt or other material cannot agree on a price deemed fair and reasonable, like pro- ceedings shall be had and with like effect as are provided by law for the procurement of material by the commissioners in like cases under the two-mile assessment' pike law; and the cost of constructing such approaches and procuring such material shall be paid from the bridge fund of the county on the order of the county commissioners, and said county commissioners may, when in their opinion the safety of the public travel requires it, contract for the proper lighting of any said bridges when the span or two or more spans of which cross the same stream or streams and which spans are connected by levees, and when such span or spans and levees taken together have a combined length of not less than five hundred (500) feet and the cost of such lighting shall be paid from the bridge fund of the county on the order of the commissioners except that the foregoing provision as to lighting bridges shall not apply where the county ^commissioners have con- structed three or more such bridges within the limits of any municipal corporation, in which case the municipal corporation shall light the bridges within its hmits and at its own expense; but the trustees of the several townships shall cause to be built and kept in repair all bridges and culverts, except upon improved and free turnpike roads, when the cost of construction does not exceed fifty ($50.00) dollars, and shall keep in repair all bridges constructed by the commissioners ; provided, however, such repair by said trustees of any such bridge in any year shall not exceed ten ($10.00) dollars and they are authorized to levy a tax for the payment of the same. As to further duties of county commissioners and township trustees, re- garding approaches to bridges, see § 861. 350 LAWS RELATING TO AGRICULTURE. Sec. 4941. [They may purchase toll bridge.] The commission- ers of any county in which there is a toll bridge may purchase the same at such price as may be agreed upon by them and the owners of such bridge. Sec. 4941-1. [Guard rails on county bridge.] It shall be the duty of every board of county commissioners in this state to, withm two years after the passage of this act, erect or cause to be erected and maintained where the same has not already been done, one or more guard rails on each end of everycoimtybridge,viaductorjCulvert,thesame being more than five feet high ; and also erect or cause to be erected, where the same has not already been done, one or more guard rails on each side of every approach to each and every county bridge, viaduct or culvert wherever said approach or embankment is more than six feet high ; and also within five years after the passage of this act, to protect, by suitable guard rails, all perpendicular wash-banks more than eight feet in height, where the same shall have any immediate connection with a public highway, or is adjacent thereto, in an unpro- tected condition ; provided, that in such cities and villages as by law have the right to demand and to [do] receive part of the bridge fund levied within the same, such guard rails shall be erected by such mu- nicipality ; [Hedge fences.] And provided, further, that it shall be a suffi- cient compliance -with the provisions of this act, if said commissioners shall cause to be erected and maintained, a good stock-proof hedge fence where a guard rail is required by this act; such guard rails or hedge fence shall be erected in a substantial manner, having sufficient strength to serve a protection to life and property, the expense of same to be paid out of the county bridge fund of each county. Sec. 4941-2. [How paid for.] Said guard rails shall be erected in a substantial manner, having sufficient strength to serve as a pro- tection to life and property, and shall be paid for out of the county bridge fund in each and every county of this state. Sec. 4941-3. [Penalty.] Each and every failure to comply with the provisions of this act shall render the county liable for all acci- dents or damages as a result of such failure, which may occur after a period of five years from the passage of this act. Sec. 4941a. [County commissioners may purchase toll bridge; proceedings when price not agreed upon; proviso.] The commission- ers of any county in which there is a toll bridge, or any bridge owned by any person or corporation authorized by law to charge and collect toll for crossing the same, may purchase such bridge together with the approaches at such price as may be agreed upon by them and the owners of such bridge ; and in case they are unable to agree with the owners therof, upon such purchase and sale, the commissioners may appropriate the same; and for this purpose they shall cause an ac- curate survey and description of such bridge and approaches, and thj land occupied by the same, to be made, and shall file the same with LAWS RELATING TO AGRICULTURE. i551 the probate judge or court of common pleas of the county, and there- upon the same proceedings shall be had, which are now provided by law for the appropriation of private property for municipal corpora- tions ; and upon payment of the agreed price, or payment into court of the compensation assessed, the right to charge or collect toll shall thereupon cease. Provided however that in case any such bridge sought to be purchased or appropriated is a part of the plankroad, and is located within one-fourth of a mile from the end thereof, as then existing, said commissioners shall also be required to purchase, or appropriate, in connection with said bridge, all of said plankroad lying between said bridge and the end of the said plankroad, not exceeding one-fourth of a mile, together with any toll-house used in connection with said bridge, but said sale or appropriation shall in no way affect the right of said plankroad company to collect toll on the unsold or unappropriated part of its said plankroad. Sec. 4941^. [Right to bridge forfeited.] When the commission- ers make an appropriation of any bridge as specified in the last preced- ing section, and fail to pay for the same within three months after the assessment of compensation shall have been made as hereinbefore pro- vided, the right of the commissioners to make such appropriation on the terms of the assessment so made, shall cease and determine; and the bridge so appropriated shall be relieved from all incumbrance on account of the proceedings in such case, and the judgment or order of the court, directing such award or assessment to be paid, shall cease to be of any effect, except as to the cost adjudged against the commis- sioners. Sec. 4942. [Bonds may issue therefor.] For the purpose of pay- ingsuch agreed price, or any part thereof, or the award or assessment and costs of appropriation, the commissioners may issue the bonds of the county in sums of not more than five hundred dollars each, payable in installments, during a period not exceeding ten years from the date thereof, with interest not exceeding the legal rate, payable semi- annually, which bonds shall not be sold at less than their par value. Sec. 4943. [And levy tax to pay same.] The commissioners may also cause to be levied and collected such tax, not exceeding one mill on each dollar of valuation of the taxable property of the county in any year, as will be necessary to pay the bonds issued in pursuance of the last section as they become due, together with the interest there- on. iiec. 4944. [Must put up caution notices.] The commissioners of the several counties shall cause to be painted in large letters, and conspicuously placed at each end of every free county bridge which they may deem proper to protect by the provisions of this chapter, a notice cautioning all persons against driving on or over the bridge faster than a walk, or driving on or over the bridge at any one time a greater number of cattle or horses than twenty head, under penalty of a fine not to exceed ten dollars nor less than one dollar. 352 LAWS RELATING TO AGRICULTURE. Sec. 4945. [Arrest of certain persons on view authorized.] A constable of any township, or the marshal of any city or village, may arrest upon view, and without any process, any person violating the provisions of the preceding section. Sec. 4946. [How prosecuted.] Prosecutions under the preced- ing section shall be in the name of the state, and shall be cornmenced within three months after the offense is committed ; and nothing con- tained in this chapter shall be construed to take away from the county commissioners any right of action for changes [damages] which thev may have against any person for injury done to such bridge. STRAYS AND DRIFTS. Sec. 6627. [Who may take up estrays, and when not to be taken up.] It shall be lawful for any person holding land in this state, by deed, title bond, or lease, for three or more years, and being in posses- sion thereof, to take up any strays running at large within the town- ship where such taker-up resides ; nor shall any compensation or fees be allowed to any person for taking up any stray animal from the range where such animal usually runs at large, or when the owner of such stray is known to the taker-up, except as is provided in section sixty-six hundred and thirty-eight. Sec. 6628. [Description of stray; its record by township clerk; advertisement; its record by clerk of court; fees of clerks; oath of taker-up.] Every person taking up any stray or strays shall, within three days thereafter, make an accurate description of the marks,brands size, color, and supposed age of such stray or strays, and if any alter- ation has been made in such marks or brands, within his knowledge, the same shall be particularly described, and said taker-up shall leave a copy thereof with the clerk of his township, who shall record the same in a book, to be kept for that purpose, and post up a copy thereof on the door of his ofHce, or some other conspicuous place near thereto ; and said taker-up shall, within five days, advertise the same in writing, uj posting up a copy thereof, at three public places in said township ; and if said stray or strays shall be of any other kind than hogs or sheep, it shall be the duty of the taker-up, within five days from the time of taking up such stray or strays, to transmit a copy of the de- scription of such stray or strays, to the clerk of the court of common pleas of the county, who shall enter the same on his stray-book which books of the clerks of the county and township shall be subject to public inspection at all reasonable times ; and each of said clerks shall be entitled to receive and demand from the taker-up of such stray or strays the sum of twenty-five cents for the services he may be required to perform by this chapter, and if no person shall claim and prove his or her right to any such stray or strays, within twenty days after such advertisement,the taker-up shall go before a justice of the peace within the township, and make oath when and where he found such stray or strays, and that he hath neither trimmed, docked, nor altered the brands or marks of such stray or strays, or suffered the same to be done ; and if any such alteration has been made within his knowledge he shall state the same. LAWS RELATING TO AGRICULTURE. 353 Sec. 6629, [Appraisement.] The said justice shall issue an or- der to two respectable freeholders or householders, to be named in such order, commanding them, forthwith, to view and appraise such stray or strays, and to return to him, upon oath, their appraisement, with a true and accurate description of the marks, brands, size, color, and supposed age of such stray or strays ; and the taker-up shall give notice of such order to the persons therein named. Sec. 6630. [Its record by justice; his fees and clerk's; list of strays made by clerk of court.] Upon return being made of the ap- praisement and description as aforesaid, such justice shall record the same in his stray-book, together with the names of the taker-up and appraisers ; and, in all cases, the taker-up of any stray or strays as aforesaid, shall pay to the justice for his services under this chapter, the sum of fifty cents: provided, that if two or more strays, of the same species, shall be taken up by one person at the same time, they shall be included in the same entry; and, in such case, the justice and clerk aforesaid, shall receive no more than for one of such, species ; and the clerk shall cause a list of all strays, with the description thereof, given as aforesaid, to be affixed at the door of the court-house, on the first day of the court, next holden after such returns have been made to his office. Sec. 6631. [Proceedings when taker-up not a freeholder, etc.] If any person or persons, other than those authorized in section sixty-six hundred and twenty-seven shall take up any stray or strays, it shall be the duty of any justice of the peace of the township in which such stray or strays may have been taken up, on complaint of any free- holder of said township, to issue his warrant for the removal of such stray or strays from the possession of such taker-up, and for the de- livery of the same into the custody of any resident of such township, having the qualifications required by section sixty-six hundred and twenty-seven: provided, that if no resident of such township, legally qualified as aforesaid, shall be found willing to receive such stray or strays, and to proceed therewith, in all respects, as is required by law, it shall be the duty of the officer who may have served such warrant, to suffer such stray or strays immediately to go at large, subject, how- ever, to be taken up by any person legally qualified, at any subse- quent time. Sec. 6632. [Strays outside of settlement.] It shall be lawful for any person to take up any stray or strays, found running at large, without the bounds of any settlement in this state ; and the taker-up of any such stray or strays shall forthwith go before the nearest justice of the peace, and make the oath required by section sixty-six hundred and twenty-eight, and that he hatli neither trimmed, docked, nor al- tered the brands or marks thereof ; and if the taker-up be a freeholder or householder within the county where such justice resides, then the justice and taker-up shall be governed by the rules and regulations prescribed in the preceding sections ; but if it shall appear to the satis- faction of such justice that the taker-up is not a resident of the county, and a freeholder or householder as aforesaid, he shall require the taker- up to' give sufficient security to such justice, for the safe-keeping and 23— F. H. B. 354 LAWS RELATING TO AGRICULTURE. delivery of such stray or strays, agreeably to the provisions of this chapter ; and on producing such security, the justice shall make a rec- ord thereof in his stray-book, and proceed in the same manner as if such stray had been taken up by a freeholder or householder; but if the taker-up should fail or refuse to give such security, the justice shall issue his warrant to any constable of the township to take into his charge, or deliver to any freeholder or householder who will take charge of such stray or strays, and proceed in the same manner as if such stray or strays had been taken up within the settlement. Sec. 6633. [Proceedings by owner to reclaim strays; sale in de- fault of payment of costs.] The owner or owners of any stray or strays taken up as aforesaid, on making satisfactory proof of his or their right thereto before any justice of the township, within four months after the same was taken up, shall be entitled to demand and receive such stray or strays, with the increase, if any, having first paid as a reward to the taker-up for each horse kind, the sum of one dollar; for every head of neat cattle, fifty cents ; for every sheep, hog, or goat above six months old, twelve and a half cents, together with the legal fees paid by the taker-up, and reasonable charges for keeping such strays ; but if the taker-up and the owner should disagree on the sum to be paid for keeping as aforesaid, it shall be lawful for either party to apply to a justice of the peace within the township to nominate three disinterested freeholders, whose duty it shall be to make such allow- ance for keeping such strays as to them shall appear just, and forth- with certify the same under their hands to such justice upon oath, and if the owner shall fail or refuse to pay the sum adjudged, together with the fees as aforesaid, within forty days thereafter, it shall be lawful for the taker-up to deliver such stray or strays to any constable of the township, who shall, after giving ten days' notice by advertisement at three of the most public places in the township of the time and place of sale, proceed to sell the same for ready money to the highest bidder, to satisfy the costs and charges aforesaid ; and the constable, after paying to the taker-up the fees awarded and charges aforesaid, and deducting one dollar for his own fees, shall pay the remainder to the owner of such strays. Sec. 6634. [What strays shall vest in taker-up; sale of animals not vesting in taker-up; duty of justice and constable.] When the appraised value of any stray or strays of the same species, taken up as aforesaid, does not exceed seven dollars for the whole number taken up and reported at one time, and no person shall appear within four months after such taking up, and prove his or her right thereto, the right to such stray or strays shall vest in the taker-up ; but if the' val- uation shall exceed seven dollars, and no owner appear as aforesaid, the taker-up shall apply to the justice to whom the return was made of the appraisement, marks, brands, size, color, and supposed age of such stray or strays, for a copy of such return, which copy said justice is hereby required to give from his stray-book, and the taker-up shall forthwith deliver tjie same to a constable of the township, and the con- stable shall immediately advertise such stray or strays for sale at three public places within the township, mentioning the time and place of sale,' which S'hall be at least ten days from the tinre of advertising,- and LAWS RELATING TO AGRICULTURE. 355 which sale shall be made at some public place in said township, if of the horse kind, but if of any other kind of strays, the same shall be sold at the residence of the taker-up between the hours of ten o'clock a. m. and four o'clock p. m., at which time and place the taker-up shall deliver such stray or strays to the constable, and take his receipt , therefor, and transmit the same to the township treasurer. Sec. 6635. [Sale and adjustment, etc., of proceeds, etc.] The constable shall proceed to sell the same to the highest bidder, upon a credit of nine months, for the residue of the purchase money, after pay- ing the expense of taking up, posting, and keeping; which expense shall be ascertained in the manner directed in the preceding sections of this chapter, and also reserving for his fees the sum of one dollar; and it shall be the duty of the constable after paying the above ex- penses and fees, to take an obligation from the purchaser for the bal- ance due, with one or more sufficient sureties resident within the township, payable to the township treasurer, or his successor in office, auvl to deliver the same to the said treasurer, for the use of the town- ship in which the stray or strays are taken up ; and it shall be the duty of such constable to take duplicate receipts for the same, one of which he shall file with the township clerk, together with his certificate stat- ing to whom said property was sold, and the amount for which it was sold ; and it shall be the duty of said clerk to charge said treas- urer with the amount of said obligation, designating by whom the same was given ; and it shall also be the duty of said clerk to file said receipt and certificate in his office. Sec. 6636. [And how collected, etc., and when to be paid to the owner of the stray.] Each treasurer to whom an obligation is given as aforesaid, is hereby authorized and empowered to sue for, recover, and receive, for the purpose aforesaid, all monevs due thereon: pro- vided, that when any property is sold as aforesaid, and the owner shall claim the same within two years, from and after such sale, and prove his, her, or their right thereto, to the satisfaction of a justice of a peace for the proper township, the justice shall issue his order to the treas- urer, requiring him to assign the obligation, or any judgment thereon, to such claimant for his own use, or. if the money shall have been paid into the treasury, on such bond, requiring said treasurer to refund the same to such claimant. Sec. 6637. [Penalty, etc., for working, selling, abusing, etc., strays.] If any person, taking up any stray as aforesaid, shall sell the same, abuse, or sufifer it to be abused, either by working, riding, neglecting to feed, or in any other manner, so that such stray shall, in consequence thereof, die, or be lessened in value, or shall take, or cause such stray or strays to be taken out of the township more than two days at any one time, or shall, by his or her neglect, sufifer such stray or strays to escape; or if any person shall knowingly purchase any stray or strays, contrary to the provisions of this chapter, the person so offending shall be liable to the action of the party injured, or the trus- tees of the township, as the case may be, and, upon conviction thereof, shall pay the full amount of damages sustained, and costs of suit ; and if any person, who may have taken up any horse, mare, or gelding. 356 LAWS RELATING TO AGRICULTURE. shall in any manner work or use the same, such person shall be de- barred from receiving any compensation for keeping such stray. Sec. 6638. [Stallion deemed a stray, etc.; may be gelded.] If any stallion, one and a half years old, or upward, shall be found run- ning at large out of the inclosed ground of the owner or keeper of said horse, it shall be lawful for any person to take up such horse, and forthwith give notice to the owner or keeper thereof, if the said owner or keeper be known ; and if the owner or keeper, do not appear within three days thereafter, and pay to the said taker-up, two dollars as a compensation for his trouble, the taker-up shall proceed to advertise said horse; and the same proceedings shall be had, in every respect, as hereinbefore provided in cases of stray horses : provided, that the taker-up may, after the expiration of twenty days from the time of ad- vertising, geld, or procure to be gelded, said horse, which shall be done at the risk and expense of the owner. Sec. 6639. [Boat, raft, etc., adrift may be taken up ; description and appraisement thereof.] It shall be lawful for any person or persons, finding any boat, watercraft, raft, or piece of raft, or other valuable property gone or going adrift, within this state, or any of the waters adjoining thereto, to take up and secure such boat, watercraft, raft, or piece of a raft, or other valuable property ; and if no person shall claim and prove his right to such boat, watercraft, raft, or piece of a raft, or other valuable property, within thirty days thereafter, the taker-up shall cause such boat, watercraft, raft, or piece of a raft, or other valua- ble property, to be viewed bv two freeholders or householders of the township, who shall, after viewing the same, give a description thereof, in writing, together with the value of such boat, watercraft, raft, or piece of a raft, or other valuable property, and certify the same under their hands ; which certificate the taker-up shall deliver within five days, to some justice of the peace within the township. Sec. 6640. [Its record, disposition, etc., and fees of justice and clerk; when taker-up may be required to give security, and proceed- ings in such case.] The justice to whom such certificate shall be de- livered, shall make a record thereof in his stray book; and the taker- up shall, at the same time, pay to the justice the sum of twenty-five cents for his services, and deposit the sum of twenty-five cents in the hands of said justice, to be by him transmitted, together with the cer- tificate aforesaid, within fifteen days, to the clerk of the court of com- mon pleas, and the clerk shall enter the same in his stray book, and file the original in his office: provided, always, that if the taker-up is not a freeholder or householder, within the county, the justice may, if he deem it necessary, require him to give security, as in the case of stray animals, taken up under this chapter; and on neglect or refusal to comply with such rule, the justice may take such boat, watercraft, raft, or piece of a raft, or other valuable property, into his own pos- session, or deliver it to any freeholder in the township, who shall take charge thereof; and the same proceedings shall be had as in case of persons taking up stray animals under this chapter. Sec. 6641. [How owner of drift may reclaim it.] The owner of such boat, craft, raft, or piece of a raft, or other valuable property, on LAWS RELATING TO AGRICULTURE. -557 proving his right thereto, within the time hereinafter limited, and pay- ing to the taker-up, for each flat or keel boat, scow, or lighter, and for each skiff, pirogue, or other valuable property, such reward or com- pensation as shall be deemed reasonable, at the discretion of the jus- tice of the peace, together with the fees allowed by this chapter, shall be entitled to demand and receive such boat, craft, raft, or piece of a raft, or other valuable property, so taken up, as aforesaid. Sec. 6642. [When drift shall vest in taker-up, and what sold, and how.] If the appraised value of such boat or craft, raft or piece of a raft, or other valuable property, does not exceed five dollars, and if no person shall appear within two months after the taking up thereof, and prove his right thereto, the right of such boat or craft, raft, or piece of a raft, or other valuable property, shall vest in the taker-up ; but if the value shall exceed five dollars, and the owner does not appear and prove his right thereto, within two months, then the taker-up shall de- liver the same to any constable of the township, and take his receipt therefor ; and the constable shall proceed to advertise, sell, and pay over the money arising therefrom, in the same manner as is directed in the case of stray animals, by the preceding sections of this chapter; and the owner of such boat, craft, raft, or piece of a raft, or other val- uable property, sold as aforesaid, shall be entitled to receive the amount thereof, out of the township treasury, in the same manner as is pro- vided in the preceding sections, in the case of stray animals : provided, that if the appraised value of any boat or craft, taken upon the shores of Lake Erie, shall not exceed eight dollars, and no person shall appear and prove his right thereto, within the time provided by this section, such boat or craft, or other property, shall be vested in the person tak- ing up the same. Sec. 6643. [Township treasurers to deliver moneys, books, etc., to successors; proceedings as to strays when new township laid off.] The several township treasurers shall pay over all moneys, in their hands, belonging to the treasury, and also deliver all books, and all bonds deposited in their hands, to their successors in office ; and when any n°w township shall be set off, within the bounds of which there shall be any stray of [or] drift, which, agreeably to this chapter, ought to be sold, it shall be the duty of the justice to whom the return of the appraisement of such stray or dirft was made, or his successor in office, to furnish a copy of such appraisement to the constable whose duty it would have been to sell such stray or drift, had not such town- ship been so set off; and the constable, furnished with such copy, shall proceed to advertise and sell such stray or drift in the same man- ner as hereinbefore provided ; and the proceeds of such sale, after pay- ing the incidental expenses, shall be paid into the treasury of the town- ship so set off, for the use of such township. Sec. 6644. [Justice's stray-book; to deliver it to successor, who may give copies, etc.] It shall be the duty of each justice of the peace, to keep a book of sufficient size for the purpose of recording all strays, the appraisement of which shall be returned to his office; and when the office of such justice becomes vacant, by his term of service expiring, resignation, or otherwise, he, or his legal representatives, shall deliver 358 LAWS RELATING TO AGRICULTURE. the said book to the clerk of the township ; and it shall be the duty of such clerk to deliver over such book to the person who shall succeed said justice in ofEce, whose duty it shall be to furnish a copy of such appraisement, in the same manner as if he had been in office at the time the return of such appraisement' was made. Sec. 6645. [Penalty for neglect of duty, etc., under this chapter; township treasurers to sue, etc.] If any person shall neglect to per- form any of the duties required by this chapter, or shall do anything contrary thereto, such person shall forfeit and pay a sum not exceeding one hundred dollars, nor less than one dollar, to be recovered by action before any court having cognizance thereof, and shall, moreover, be liable to the action of the party injured; and it is hereby made the duty of each township treasurerto sue for, and collect and pay oyer,all mon- eys arising by virtue of any forfeiture incurred as aforesaid. Sec. 6646. [In name of trustees.] All suits brought in behalf of the township under the provisions of this chapter, shall be prosecuted by the treasurer thereof, in the name of the trustees of the township, anything in this chapter to the contrary notwithstanding. Sec. 6647. [Fees of freeholders.] In every case, when any free- holders or householders perform any services under the provisions of this chapter, they shall each be entitled to receive the sum of fifty cents for each day they may be actually employed, to be paid at the time 'of service, by the person or persons taking up such stray or strays. Sec. 6647a. [Abandoned or stolen property; how disposed of.] That whenever any property abandoned, stolen or supposed to have been stolen, shall come into the possession of any sheriff, constable or other person, except a policeman or city marshal, and shall remain in the possession of said officer or person for a period of thirty days with- out being reclaimed by the owner, said property, if an animal, shall be disposed of as provided in said chapter in regard to estrays ; if other than an animal, it shall be disposed of as provided in said chapter in regard to drifts. DOMESTIC ANIMALS. Sec. 6850. [Altering ear-marks or brands of domestic animals.] Whoever maliciously alters or defaces any artificial ear-mark or brand, upon any horse, mare, foal, filly, jack, mule, ass, sheep, goat, cow, ox, steer, bull, heifer, or swine, the property of another, shall be fined not more than fifty dollars, or imprisoned not more than twenty days, or both. Sec. 6851. [Killing or injuring domestic animals.] Whoever maliciously kills or injures any animal mentioned in the last section, the property of another, shall, if the value of the animal killed, or the injury done is thirty-five dollars or more, be imprisoned in the peni- tentiary not more than five years nor less than one year, or, if the value is less than that amount, be fined not more than two hundred nor less LAWS RELATING TO AGRICULTURE. 359 than twenty dollars, or imprisoned not more than three months, or both. Sec. 6852. [Administering poison to domestic animals.] Who- • ever maliciously administers poison, of any sort whatever, to any ani- mal mentioned in section sixty-eight hundred and fifty, the property of another, with intent to injure or destroy such animal, shall be fined not more than two hundred nor less than fifty dollars, or imprisoned not more than thirty days, or both. Sec. 6853. [The last two sections not to apply to trespassing animals.] The last two sections shall not extend to a person who , kills or injures, or attempts to kill or injure, any animal mentioned therein while endeavoring to prevent it from trespassing upon his in- closure, or while it is tresspassing therein, or thereafter driving it away from his premises ; provided, within fifteen days payment shall be made in full for all damages done to such animal by such killing or injur- ing, less the amount of actual damage done by such animal while so tresspassing, or a sufficient amount be deposited with the nearest jus- tice -of the peace within said fifteen days to cover all such damages. Otherwise the provisions of the two preceding sections shall be and remain in full force. Any such money so deposited with a justice of the peace to remain in his charge and custody until a determination of the amount of damages resulting from such. killing or injury, and the damages from such trespassing, and while in the custody of such jus- tice he and his bondsmen shall be responsible for its safekeeping and proper payment of such as for money collected on a judgment, and such justice shall be entitled and draw a fee of five per cent, for his ser- vices in becoming such custodian. Sec. 6854. [Taking, using, etc., horse, mule, etc., without leave.] \yhoever wrongfully takes or unhitches any horse, mare, gelding, foal, or filly, ass, or mule, from the stable or lot of another, or from any other place where any such animal has been lawfully hitched or placed, without the consent of the owner of the animal so taken or unhitched, with intent to injure, set at large, or use such animal, shall be fined not more than two hundred dollars, or imprisoned not more than ninety days, or both. Sec. 6854a. [Wrongful taking of bicycle, etc., with intent to in- jure same.] Whoever wrongfully takes any bicycle, tricycle or tan- dem bicycle from the house or lot of another person, or from any other place where any such bicycle, tricycle or tandem bicycle has been law- fully placed, with intent to injure or use such bicycle, tricycle or tan- dem bicycle, shall be fined not more than one hundred dollars or im- prisoned not more than sixty days, or both. Sec. 6854&. [Maliciously altering, etc., name or number of bicy- cle, etc.] Whoever maliciously alters or defaces any number on, or removes any number-plate from any bicycle, tricycle or tandem bi- cycle the property of another, or who maliciously alters, defaces or removes any name placed on any bicycle, tricycle or tandem bicycle theproperty of another, shall be fined not more than fifty dollars or im- prisoned not more than thirty days, or both. 360 LAWS RELATING TO AGRICULTURE. Sec. 6854c. [Maliciously injuring part of bicycle, etc.] Who- ever maliciously injures (or removes) the tire on any bicycle, tricycle or tandem bicycle, the property of another, either by puncturing, cut- ting, defacing or in any manner destroying any tire on any bicycle, tricycle or tandem bicycle, or who maliciously removes or destroys or defaces any part of any bicycle, tricycle or tandem bicycle the prop- erty of another, shall be fined not more than fifty dollars or imprisoned not more than thirty days, or both provided that said bicycle, tri- cycle or tandem bicycle has been listed for taxation. Sec. 6854c?. [Unlawfully placing upon public way substance . liable to injure pneumatic tire.] Whoever purposely places or causes to be placed in or upon any ayenue, street, alley, road, highway, or pubhc way, any tack, nail, piece of iron, broken glass, bottle, brier, thorn, or other substance, except such substance as may be placed on any avenue, street, alley, road, highway, or public way by proper authority for the repair or construction of the same, which may injure, cut or puncture any pneumatic tire, shall be guilty of a misdemeanor and shall be fined not more than fifty dollars nor less than five dollars. Sec. 6854^. [Disposition of fines.] Such fines when collected shall be paid into the road or street fund of the township or munici- pal corporation in which they were collected. Sec. 6855. [Selling diseased animals, allowing same to run at large or come in contact with other animals.] Whoever, being the owner, or having the charge of any animal mentioned in section sixty- eight hundred and fifty, knowing the same to have any infectious or contagious disease, or to have been recently exposed thereto, sells, barters, or disposes of such animal, without first disclosing to the per- son to whom the same is sold, bartered or disposed of, that such animal is so diseased, or has been so exposed, as aforesaid, or know- ingly permits such animal to run at large, or, knowing such animal to be diseased as aforesaid, knowingly permits the same to come into contact with any such animal of another person without his knowl- edge or permission, shall be fined not more than five hundred nor less than twenty dollars, or imprisoned not more [than] thirty days, or both. Sec. 6864. [Malicious destruction of trees and crops.] Whoever maliciously cuts down, or destroys, or by girdling, or any other means, injures, any standing or growing vine, bush, shrub, sapling or tree, not his own, or maliciously injures or destroys, or severs from the land of another, any product standing or growing thereon, or any other thing attached thereto, shall, if the value of the thing destroyed, or the amount of the damage done to any such thing, or to the land, is thirty-five dollars or more, be imprisoned in the peni- tentiary not more than three years nor less than one year, or, if the value is less than that sum, be fined not more than one hundred and fifty nor less than five, dollars, or imprisoned not more than thirty davs nor less than one day. LAWS RELATING TO AGRICULTURE. H()1 Sec. 6865. [Altering or removing landmarks.] Whoever know- ingly and maliciously cuts, fells, defaces, alters, or removes, any landmark, corijer, or bearing-tree, properly established, or any monu- ment lawfully placed on the line between this state and the state of Pennsylvania, shall be fined in any sum not more than five hundred dollars, or imprisoned not more than thirty days, or both. Sec. 6866. [Removing township corner posts.] Whoever dis- places or removes any monument placed by the county surveyor, or by the direction of the county commissioners, at the corner of any orig- inally surveyed township, shall be fined not more than one hundred ■ dollars, or imprisoned not morfe than thirty days, or both. Sec. 6868. [Throwing down fences or opening gates.] Who- ever wantonly or maliciously throws or lays down, or opens, pros- trates, or injures, any fence inclosing any land, the property of an- other, or any bars or gate in any such fence, shall be fined not more than one hundred dollars, or be imprisoned not more than thirty days, or both. Prosecutions under this section shall not be commenced after one year from the time the offense was committed. Sec. 6869. [Malicious injury of toll-gate.] Whoever willfully or maliciously cuts down, demolishes, destroys or injures any turn- pike or plank road, toll-gate or toll-board of any toll-gate erected on, or any fence which has lawfully been erected across, or partiall}' across any turnpike or plank road, or the national road, or whoever, with intent to evade the payment of toll, passes through any private gate or bars or along any other ground near a turnpike or plank road, or the national road toll-gate erected in pursuance of law, or practices any fraudulent or forcible means with intent to evade or lessen the payment of toll, shall be fined not more than fifty dollars nor less than five dollars. Sec. 6870. [Fast driving, etc., over bridges.] Whoever rides or drives faster than a walk on or over any toll bridge erected across the Ohio river, or any other toll bridge having placed upon it, by the owner thereof, a caution notice according to law, or any free county bridge, having placed upon it, by the commissioners of the county, a caution notice according to law, or drives on or over any such bridge more than twenty head of cattle at one time, or, with intent to de- fraud, fails or refuses to pay the usual toll for crossing any such bridge, shall be fined not more than ten dollars nor less than one dollar. Sec. 6877. [Injuring and committing nuisances in buildings.] \Vhoever maliciously injures or defaces any church edifice, school house, dwelling house, or other building, its fixtures, books, or appur- tenances, or commits any nuisance therein, or purposely and mali- ciously commits any trespass upon the inclosed grounds attached thereto, or any fixtures placed thereon, or any inclosure or sidewalk about the same, shall be fined in any sum not more th'an one hundred dollars. 362 LAWS RELATING TO AGRICULTURE. Sec. 6878. [Destroying or defacing newspapers, etc., belonging to libraries.] Whoever intentionally defaces, obliterates, tears, or destroys, in whole or in part, any newspaper, magazina, or periodical, on file in any reading-room belonging to another person, or cuts therefrom any article or advertisement, shall be iined not more than one hundred nor less than ten dollars, or imprisoned not more than thirty days, or both. Sec. 6879. [Demolishing guide-boards, etc.] Whoever mali- ciously demolishes, throws down, alters, or defaces, any mile-stone, mile-board, mile-post, guide-board, or guide-post, standing on any public road, shall be fined not more than fifty dollars, or imprisoned not more than ten days, or both. Sec. 6880. [Trespassing by destroying trees and crops.] Who- ever wrongfully, and without lawful authority, cuts down or destroys, or by girdling, or any other means, injures any vine, bush, shrub, sapling, or tree, standing or growing upon land not his own, or severs from the land of another, or injures, or destroys, any product standing or growing thereon, or other thing attached thereto, shall be fined in any sum not more than one hundred^ and fifty dollars, or imprisoned not more than thirty days, or both. This section applies to Injuring trees in the line of a highway by a per- son constructing a line of telegraph under United States laws who injures them against the owner's protest: Daily v. State, 51 O. S., 348. Sec. 6880a. [Trespassing, cutting timber, etc.; how punished.] Whoever shall saw, bore, or cut down any timber, tree, or trees of whatever size, or any poles commonly called hoop-poles, standing or growing upon the lands of another, or lands of the state of Ohio, or shall unlawfully take, carry, or haul away from the lands of another person, or lands of the state of Ohio, any timber, saw logs, rails, rail- cuts, tan-bark, hoop-poles, railroad ties, hoops, staves, stave-bolts, or blocks, butts, or any timber of any value whatever, or shall unlawfully dig up, pluck ofif, or carry away from the lands of another person, any cultivated root or roots, plant or plants, fruit, or any other vegetable production or productions, with intent in each or any of the above recited cases to injure the owner of said lands in his property, or to defraud h! n or them, if the value of the property so severed or taken is of the value of thirty-five dollars or more, shall be guilty of a felony, and be imprisoned in the penitentiary not more than three years nor less than one year, and shall pay the costs of prosecution. And, if any person shall be convicted of either or any of the offenses men- tioned in this section, and the value of the property severed, or in anv manner taken from the lands in violation of this section, shall be less than thirty-five dollars, he shall be guilty of a misdemeanor, and be fined in any sum not less than twice the value of the property sev- ered, or carried away from lands as aforesaid, or imprisoned in the jail of the county not exceeding thirty days, or both, at the discretion of the court, and pay costs of prosecution. Sec. 688oZ^. [Penalty for buying timber cut unlawfully.] Who- ever shall buy any of the property mentioned in section six thousand LAWS RELATING TO AGRICULTURE. 363 eight hundred and eighty, (a), or any lumber, timber, bark, rails, hoops, or hoop-poles, railroad ties, made or taken, knowing that the same had been severed or taken from the lands of another, or from the lands of the state in violation of section six thousand eight hundred and eighty^ (a), with intent to defraud the owner of such property, shall be fined not less than twice the value of the property bought or received as aforesaid, or imprisoned in the jail of the county not exceeding thirty days, or both, at the discretion of the court, and shall pay the costs of prosecution. Sec. 6880^. [How judgment collected and paid over.] The court trying any cause arising under the last four preceding sections, shall instruct the jury to find the value of the property severed or taken from the land, bought, received or sawed, or manufactured, as the case may be, in violation of any of the provisions of said sections, and shall render judgment against the party convicted for the amount of fine assessed and costs of prosecution, and the sheriff, or other officer collecting said judgment, shall, after paying all costs of prose- cution, pay over to the owner of said property severed or taken as aforesaid, twice the value thereof, as returned by the jury. Sec. 6880^. [Trespassing upon lands of another; penalty.] Who- ever, being about to enter unlawfully upon the inclosed or unin- closed lands or premises of another, and shall be forbidden so to do by the owner or occupant, or his agent or servant, or who, being un- lawfully upon the inclosed or uninclosed lands or premises of another, shall be notified to depart therefrom by the owner or occupant, or his agent or servant, and shall thereafter enter upon such lands or prem- ises, or neglect or refuse to depart therefrom, except persons who are crossing said lands or premises for some lawful purpose, with the consent of the owner of such premises, shall be guilty of a misde- meanor, and upon conviction thereof shall be fined not less than one nor more than five dollars, and shall pay the costs of prosecution. Sec. 6881. [Trespassing while mining.] Whoever, in mining for coal, or other minerals, willfully, and without lawful authority, trespasses upon the lands of another, shall be fined not more than one hundred nor less than five dollars, or imprisoned not more than ten days, or both ; and any continuation of such trespass for twenty- four hours after the commencement of any prosecution under this section, shall be deemd a separate offense; and all prosecutions here- under shall be commenced within one year from the time the offense becomes known to any owner of the property injured. Sec. 6881a. [Trespass by owner of shanty-boat; penalty.] Who- ever being the owner of any shanty-boat, anchors, ties or beaches said boat upon the real estate of another along a creek or river, unless in case of distress or for a longer period than thirty-six hours, without the permission of the owner or agent of the said real estate upon which said boat is anchored, tied or beached, shall upon conviction be fined not more than fifty dollars or imprisoned not more than thirty days. 364 LAWS RELATING TO AGRICULTURE. Sec. 6881-1. [Forbidding trespasses by employes of telephone and telegraph companies; penalties.] Be it enacted by the general Assembly of the state of Ohio, That any person engaged either tor himself, or as an officer, clerk, agent, servant, or other employe ot any corporation, company, firm, or person doing business wholly or partly in the state of Ohio, as receivers and -transmitters of messages or other communications, either by telegraph, telephone, or other similar means, or of any electric light, district telegraph, or other company, person, firm or corporation, who shall enter into or upon the prem- ises, building or buildings of another for the purpose of construct- ing, altering, repairing, or examining the wires, poles, insulators, frames, or other appendages belonging to such corporation, company, firm or person, without the written consent of the owner or agent of such premises, building or buildings, or shall attach thereto any wire, pole, insulator, frame, or other appendage whatsoever, without •such consent, shall be fined not less than ten nor more than one hun- dred dollars. Sec. 6882. [Defacing or .destroying advertisements or notifica- tions set up by authority of law, or by bridge owners.] Whoever intentionally defaces, obliterates, tears down, or destroys, in whole or in part, any copy or transcript of any law of the United States, or of the state of Ohio, or any proclamation, publication, advertise- ment or notification whatsoever, set up in any public place, for the public information of any citizen, by the authority of any law or act of this state, or any sign, notice, card, or table of rules or rates or any other notice, affixed or posted upon any bridge, by any owner or keeper therof, for the information of the public, shall be fined not more than twenty dollars, or imprisoned not more than twenty-four hours, or both. Sec. 6883. [Posting bills, etc., on buildings, etc., without con- sent of owner.] Whoever paints, prints, pastes, stencils, or other- wise marks upon, or in any manner places upon or affixes to, any building, fence, wall, or tree, without the consent of the owner there- of, any word, letter, character, figure, sentence, or device, or any handbill, or notice, shall be fined not more than fifty nor less than ten dollars ; but this section does not apply to the posting of any handbill or notice of any public sale of property by any sheriff.'administrator, executor, or licensed auctioneer, or any notice required by any law to be posted. Sec. 6884. [Setting up obstruction on public sidewalk.] Who- ever sets up any table, stand, tent, wagon or other article, to use or let for profit, on a public footwalk or sidewalk constructed according to law, by any person, or any board of education, the council of an)- municipal corporation, the trustees of any cemetery association, the trustees of an}^ township, or an}- agricultural or religious society, or rides, drives, leads or hitches any horse or other animal on such footwalk or sidewalk, or in any other wav obstructs the same, or digs up or removes any of the material of which the same is composed, shall be fined not more than twenty-five nor less than five dollars, or imprisoned not more than ten days, or both. LAWS RELATING TO AGRICULTURE. 865 Sec. 6884-1. [Unlawful camping on public highways or adjacent lands.] It shall' be unlawful for any band of gypsies, wanderers, travelers, or other person or persons, to camp in tent, wagon or other- wise, on the public highway, or lands adjacent thereto, for a longer period than twenty-four hours without consent of the owners of such adjacent land, or consent of owner of land abutting on the highway where such camping place is made. Sec. 6884-2. [Penalty.] Any person or persons violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be find not exceeding ten dollars, or impris- oned in the county jail not exceeding thirty days, or both. Sec. 6885. [Breaking open pounds, etc.] \Mioever interferes with, breaks open, destroys, or injures, any pound erected under au- thority of any law, or sets at liberty any animal impounded therein, shall be fined not more than fifty dollars, or imprisoned not more than ten days, or both. NUISANCES. Sec. 6921. [Nuisances.] Whoever erects, continues, uses or maintains, any building, structure, or place for the exercise of any trade, employment, or business, or for the keeping or feeding of any animal, which, by occasioning noxious exhalations, or noisome or offensive smells, becomes injurious to the health, comfort, or property Of individuals, or the public, or causes or suffers any offal, filth, or noisome substance, to be collected, or to remain in any place, to the damage or prejudice of others, or the public, or obstructs or impedes, without legal authority, the passage of any navigable river, harbor, or collection of water, or corrupts or renders unwholesome or im- pure, any water-course, stream, or water, or unlawfully diverts any such water-course from its natural course or state, to the injury or prejudice of others, or obstructs or incumbers, by fences, buildings, structures, or otherwise, any public ground, or highway, or any street or alle}- of any municipal corporation, shall be fined not more than five hundred dollars. Sec. 6922. [Creating artificial ponds, and stagnant waters.] Who- ever builds, erects, continues, or keeps up, any dam or other obstruc- tion, in any river or stream of water, and thereby raises an artificial pond, or produces stagnant water, which is manifestly injurious to the public health and safety, shall be fined not more than five hundred dollars. Sec. 6923. [Unlawful deposit of dead animals, offal, etc., into or upon land or water.] Whoever puts the carcass of any dead ani- mal, or the offal from any slaughter-house, or butcher's establishment, packing-house, or fish-house, or any spoiled meat, or spoiled fish, or any putrid substance, or the contents of any privy vaults, upon or into any lake, river, bay, creek, pond, canal, road, street, alley, lot, field, meadow, public ground, market space or common, and whoever being 366 LAWS RELATING TO AGRICULTURE. the owner or occupant of any such place, knowingly permits any such thing to remain therein, to the annoyance of any of the citizens of this state, neglects or refuses to remove or abate the nuisance oc- casioned thereby, within twenty-four hours after knowledge of the existence of such nuisance upon any of the above described premises, owned or occupied by him, or after notice thereof in writing, from any supervisor; constable, trustee, or health officer of any municipal corporation or township in which such nuisance exists, or from a county commissioner of such county, shall be fined not more than fifty dollars nor less than ten dollars, and pay the cost of prosecution, and in default of the payment of said fine and costs, be imprisoned not more than thirty days, but the provisions hereinbefore made shall not prohibit the depositing the contents of privy vaults and catch-basins into trenches, or pits not less than three (3) feet deep, excavated in any lot,field or meadow,the owner thereof consenting.out- sidethelimitsof any municipal corporation,and not less than thirty rods distant from any dwelling, well or spring of water, lake, bay, or pond, canal, run, creek, brook or stream of water, public road or highway; provided, that said contents deposited in said trenches or pits are immediately thereafter covered with dry earth to the depth of at least twelve inches ; nor shall said provisions prohibit the depositing of said contents into furrows situate and distinct, as specified for said trenches or pits; provided, the same are immediately thereafter wholly covered with dry earth by plowing or otherwise ; and provided, also, that the owner or occupant of the land in which said furrows are plowed con- sents, and is a party thereto ; provided, also, that the board of health of any municipal corporation may allow said contents to be deposited within corporate limits into trenches or pits or furrows, situate, dis- tant and to be covered as aforesaid. Sec. 6923a. [Bodies of animals dying from contagious diseases must be burned or buried.] The bodies of all animals dying from contagious disease, shall be burned, or buried at least four feet below the surface of the ground by the owner thereof. Any such owner permitting such dead animals to remain unburned, or unburied, or neglecting, or refusing to comply with the provisions of this section within twenty-four hours after having knowledge of the existence of such dead animals,. or after notice thereof, in writing from the trus- tees of the township in which such dead animals may be found, it shall be the duty of said trustees to proceed to dispose of such dead animals as provided in this section, and such owner, so neglecting or refusing shall be fined in any sum not less than five dollars, nor more than twenty dollars, together with the cost of suit, and all neces- sary expenses incurred by said trustees in disposing of such animals. Action to recover fines, costs, and expenses as herein provided, shall be brought upon complaint of said trustees before any justice of the peace, in the township in which such owner resides. Provided, that the dead bodies of such animals may be removed to a fertilizing establishment, if removed in a water-tight tank. LAWS RELATING TO AGRICULTURE. 367 SELLING UNWHOLESOME PROVISIONS. Sec. 6928. [Selling unwholesome provisions.] Whoever sells, or offers for sale, or has in his possession with a view to sell any kind of diseased, corrupted, adulterated, or unwholesome provisions, whether for meat or drink, without making the condition of the same known to the buyer, and whoever kills for the purpose of sale, any calf less than four weeks old, or sells, or has in possession with intent to sell, the meat of any calf which he knows to have been killed when less than four weeks old, shall be fined not more than fifty dollars, or imprisoned twenty days, or both. Sec. 6928-1. [Feeding unwholesome offal or flesh to swine, etc.] Whoever feeds to swine, or animals of any kind used for human food the flesh of any old horse, or the flesh of any animal which has be- come old, decrepit, infirm or sick, or of one that has died from such cause, or any offal or flesh that is putrid or unwholesome, shall be fined not more than two hundred dollars nor less than fifty, or im- prisoned for the first offense not more than thirty days, or both, and for a second offense not more than six months, or both. Sec. 6946. [Prohibiting sale of intoxicating liquors and keep- ing of houses of ill-fame at certain places; abatement as nuisance.] Whoever sells intoxicating liquors or keeps a house of ill-fame at or within twelve hundred yards of the administration or main central building of the Columbus state hospital, Dayton state hospital, Athens state hospital, Toledo state hospital, soldiers' and sailors' orphans' home, or any other orphans' home in this state, except in cities of the first class, or within two miles of the boundary line of the boys' in- dustrial school, south of Lancaster, Fairfield county, or within two miles of the place where any agricultural fair is being held, or within one mile of any county children's home of any county of the state, situated within one mile of any incorporated village or city in which the sale of intoxicating liquors is prohibited by an ordinance of such village or city, made in pursuance of the act entitled "An act provid- ing against the evils resulting from the traffic in intoxicating liquors," passed March ii, 1897, shall be fined not more than one hundred nor less than twenty-five dollars, or imprisoned not more than thirty days, or both, and on conviction of the owner or keeper thereof the place wherein such liquors are sold, shall, by order of the court, be shut up and abated as a nuisance; but nothing in this section shall be so construed as to prevent a regular dealer in intoxicating liquors from doing business and selling the same, at his usual place of busi- ness within two miles of the place where any agricultural fair is being held. CRUELTY TO ANIMALS. Sec. 6951. [Cruelty to animals.] Whoever overdrives, over- loads, tortures, deprives of necessary sustenance, or unnecessarily or cruelly beats, or need'lessly muti-lat-es or kills any animal, or impounds 368 LAWS RELATING TO AGRICULTURE. or confines any animal in any place and fails to supply the same during such confinement with a sufficient quantity of good, wholesome food and water, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhuman manner, or who keeps cows or other animals in any inclosure without wholesome exercise and change of air, or feeds cows on food that produces impure or unwholesome milk, or abandons to die any old, maimed, sick, infirm or diseased animal, or works the same, or, being a person or corporation engaged in trans- porting live stock, detains such stock in railroad cars, or in compart- ments for a longer continuous period than twenty-four hours after the same are so placed, either within or beyond this state, without sup- plying the same with necessary food, water and attention, or permits such stock to be so crowded together as to overlie, crush, wound or kill each other, shall be fined not more than two hundred nor less than five dollars, or imprisoned not more than sixty days, or both. [Dehorning of cattle.] Provided, that nothing herein contained shall be construed to prevent the dehorning of cattle. [Disposition of fines collected.] And that all fines collected for violations of this section shall be paid to the society or association for the prevention of cruelty to animals, if any such society or association is organized in such county, township, village or city where such viola- tion occurred. Sec. 6951-1. [Docking tail of horse; penalty.] Whoever, being the owner or having the custody, control or possession of any horse, mare, gelding, foal or filly, or who shall be an agent or employe of any such owner or person, having the custody, control or possession of any horse, mare, gelding, foal or filly, shall cut off or cause to be cut of? or amputated the skin, flesh, muscles, bone and integuments of the dock or tail of any such horse, mare, gelding, foal or filly, in order to shorten the natural length or proportions of such dock or tail, or shall pull out or cause to be pulled out the hairs of the foretop, mane or withers of any such horse, mare, gelding, foal or filly, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined, for the first offense not less than twenty-five dollars nor more than two hundred dollars or be imprisoned in the county jail or workhouse not exceeding six months, or both, at the discretion of the court ; and for any subsequent offense under this act, such person, on conviction, shall be punished by a fine not exceeding the sum of five hundred dollars, and by imprisonment in the county jail or workhouse for the period of one year. [Lawful docking.] Provided, that in case it shall be necessary in case of any accident, malformation or disease, which may affect the dock or tail of any such horse, mare, gelding, foal or filly, to cut or amputate the same, such cutting or amputation shall be deemed lawful. Sec. 6952. [Dog-fighting, cock-fighting, etc.; who deemed aid- ers and abettors.] Whoever engages in or is e.mployed at cock-fight- Laws relating to agriculture. 369 ing, dog-fighting, bear-baiting, pitting one animal against another of the same or of a different kind,- or any similar cruelty to animals, or receives money for the admission of any person to any place kept for any such purpose, or yses, trains, or possesses a dog or other animal for the purpose of seizing, detaining, or maltreating, any domestic animal, shall be fined not more than one hundred and fifty nor less than five dollars, or imprisoned not more than thirty nor less than ten days ; and [any] one who knowingly purchases' a ticket of admission to any place mentioned in this section, or is present thereat, or wit- nesses such spectacle, shall be deemed an aider and abettor. S«c. 6958. [Depositing poison in thoroughfares.] Whoever leaves or deposits any poison, or any substance containing poison, in any common,' street, alley, lane, or thoroughfare of any k<»nd, or any yard or inclosure other than the yard or inclosure occupied by such person, shall be. fined not more than fifty nor less than five dollars, or imprisoned not more than thirty nor less than five days, or both, and shall be liable to the person injured for all damages sustained thereby. Sec. 6962. [Discharging fire-arms on lawns, etc.] Whoever dis- charges any fire-arms on any lawn, park, pleasure-ground, orchard, or any other ground directly appurtenant to, or within gunshot of, any occupied dwelling-house, the property of another, or any char- itable institution, shall be fined not more than twenty nor less than five dollars, or imprisoned not more than thirty days, or both. FOR THE PROTECTION OF THE SKUNK. (6963-2) Sec. I. [Unlawful to catch, kill, etc., any skunk except between first day of November and first day of February; exceptions.] No person shall, at any time, on any place, by any means, catch, kill, or injure, or pursue with such intent, any skunk, except between the first day of November and the first day of February, next ensuing, in- clusive. Providing that this act shall not prevent the owner of any farm or enclosure, used exclusively for the breeding and raising of pole-cat or skunks, from catching or killing any pole-cat or skunk upon such farm or within such enclosure. Provided, however, that any farmer, or tenant, may kill any skunk at any time when doing an injury upon his premises. (6963-3) Sec. 2. [Penalty.] Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon convic- tion thereof, shall be fined not less than five, nor more than fifteen dollars, and stand committed until such fine and costs of suit are paid. Sec. 7001. [Penalty for vending impure seed.] Whoever know- ingly vends any grass or other seed, in or among which there is any seed of the Canada thistle, white or yellow daisy, or wild carrot, and whoever being the owner, occupier, or possessor of any land, suffers any Canada thistle, teasels or wild carrot to grow and ripen seed 24— F. H. B. 370 LAWS RELATING TO AGRICULTUfeE. thereon, or on the highway adjoining the same, shall be fined twenty dollars. Duty with reference to the destruction of Canada thistles and other noxious weeds, see §§ 4732, 4732a, 4732 &. Sec. 7002. [Unlawful sale of commercial fertilizer.] Whoever sells, exposes for sale, or offers for sale any commercial fertilizer with- out having complied with the provisions of sections 4446a, 4446^. and 4446(r, of the Revised Statutes, shall be fined in any sum not exceedmg two hundred dollars,'or imprisoned not more than thirty days, or both, and said fine or imprisonment, or both, shall not be a bar to the recov- ery of the civil penalty provided for by sections 4446/ and 4446^ of the Revised Statutes. * On the subject of the sale of commercial fertilizers, penalties, etc., see § 4446o et seq. Sec. 7003. [Importing cattle infected with Spanish fever.] Who- ever except common carriers not the owners of cattle transported by them, brings into this state any cattle infected with the disease com- monly known as the Texas or Spanish fever, or cattle liable to impart such fever to other cattle, shall be fined not more than five hundred nor less than fifty dollars. For "an act to prevent the introduction of Texas fever among cattle" (85 V. 83), see,§ (4211—19) et seq. Sec. 7006. [Exhibitions and temporary business at fairs pro- hibited.] Whoever exhibits or shows any natural or artificial curios- . ity for any price or gain, or sets up to let or use for profit any swing, revolving swing, flying horses, whirligigs or other device, or whoever establishes a temporary place of business for the sale of any article whatsoever, or offers for sale any such article except as a regular es- tabhshed dealer in such article at his usual place of business, within one-fourth of a mile of the fair ground of any agricultural society, while the fair of such society is being held therein, unless he has ob- tained the written permission of the board of such society, shall be fined not more than one hundred dollars nor less than one dollar. Sec. 7068. [Taking illegal toll at mill.] Wlioever, being the owner or occupier of a mill, or his representative, agent, or miller, takes a greater proportionate quantity of toll than is allowed by law, shall be fined not exceeding twenty dollars, and be liable to the party injured in damages. FRAUDS Sec. 7069-3. [Unlawful sale of certain kinds of wool.] Be it enacted by the General Assembly of the state of Ohio, That it shall be unlawful for any person or persons to sell any wool washed on sheep's back or otherwise, containing any unwashed tag-locks, or any un- LAWS RELATING TO AGRICULTURE. 371 washed wool of any kind, or black wool, or parts of buck's fleeces, or other substances foreign to the fleece or fleeces, which is calculated and intended to defraud the purchaser thereof. Sec. 7069-4. [Penalty.] Any person or persons guilty of vio- lating the provisions of section one of this act, shah be fined not less than twenty-five dollars nor more than one hundred dollars, or impris- oned not less than thirty days nor more than ninety days, or both, at the discretion of the court. Sec. 7069-5. [Fraud in sale of grain, seed, etc., negotiation of notes obtained by such fraud; penalty.] Be it enacted by the General Assembly of the state of Ohio, That whoever, either for his own benefit or as the agent of any corporation, company, association or person, obtains from any other person anything of value, or procures the signature of any such person, as maker, indorser, guarantor or surety thereon, to any bond, bill, receipt, promissory note, draft, check, or any other evidence of indebtedness, as the whole or part consideration of the sale or transfer to such other person of any grain, seed or other cereals, which sale or transfer is at a fictitious price or at a price equal to or more than twice the market price of such grain, seed or cereals, or as the whole or part consideration for any bond, contract or promise given the vendee of any grain, seed or cereals binding the vendor or any other person, corporation, company, association, or the agent thereof, to sell for such vendee any grain, seed or cereals at a fictitious price, or at a price equal to or more than twice the market price of such grain, seed or cereals ; and whoever sells, barters or disposes of, or offers to sell, barter or dispose of, either for his own benefit or as the agent of any corporation, company, association or person, any bond, bill, receipt, promissory note, draft, check, or other evidence of indebtedness, knowing the same to have been obtained as the whole or part consideration of the sale or transfer to the maker,indorser, guaran- tor or surety on any such bond,bill,receipt,promissory note, draft, check, or other evidence of indebtedness, of any grain, seed or cereals which have been sold or transferred to such maker, indorser, guarantor or surety at a ficticious price or at a price equal to or more than double the market price of such grain, seed or cereals, or as the whole or part consideration for any bond, contract or promise given the vendee of any grain, seed or cereals binding the vendor or any other person, corporation, company, association, or the agent thereof, to sell for such vendee any grain, seed or cereals at a ficticious price, or at a price equal to or more than twice the market price of such grain, seed or cereals, shall be imprisoned in the penitentiary not more than three years nor less than one year, or be fined in the sum of not more than five hundred dollars nor less than one hundred dollars, or both, at the discretion of the court. Sec. 7072-1. [Labeling of binding twine.] Each separate ball or parcel of binding twine — being that commonly employed in binding grain — exposed to sale or offered for sale in this state, shall have at- tached thereto a tab or label, on which shall be plainly written or printed the kind of material of which the string is composed and the true weight of each of such separate balls or parcels of twine and any 372 ' LAWS RELATING TO AGRICULTURE. dealer, manufacturing corporation, company or their agent selhng or ofifering for sale any such ball or parcel of twine without then having the tab or label attached thereto, above required, shall on conviction thereof be fined not less than one dollar nor more than twenty-five dol- lars, and shall stand committed until the fine and costs are paid. Sec. 7072-3. [Labeling of "soaked" goods and cans of maple molasses'.] That all soaked goods, or goods put up from products dried before canning, shall be plainly marked by an adhesive label, having on its face the word "soaked," in letters not less in size than two-line pica, of solid and legible type; and all cans, jugs, or other packages, containing maple syrup or molasses, shall be plainly marked by an adhesive label, having on its face the name and address of the person, firm or corporation who made or prepared the same, together with the name and quality of the goods, in letters of the size provided in this section. Sec. 7076-1. [Unlawful obtaining of registry or transfer in any herd book; penalty.] Every person, who by any false pretense shall obtain from any club, association, society, or company for improving the breed of Jersey cattle a certificate of registration of any animal in the herd register or other register of any such' club, association, society, or company, or a transfer of any such registration, and every person who shall knowingly give a false pedigree of any Jersey animal, upon conviction thereof, shall be punished by imprisonment in a jail for a term not exceeding six months, or by a fine not exceeding five hundred dollars, or by both fine and imprisonment. Sec. 7076-2. [Venue.] The crime shall be deemed completed and every such person shall be prosecuted either in the county in wihch such certificate of registration or transfer has been obtained or in the county where such false pretense has been made. Sec. 7076-3. [False pedigree or certificate of sale of stock; pen- alty.] Any person who shall knowingly and wilfully furnish or [to] give a purchaser of any animal any false pedigree or any false certifi- cate of sale of such animal, and every person who shall knowingly and wilfully use for the purpose of deceiving, any false pedigree or false certificate of sale of any animal, whether such false pedigree or false certificate of sale was furnished, given or procured in this state or elsewhere, shall upon conviction thereof, be punished by fine in any sum not less than twenty-five nor more than five hundred dollars or be imprisoned in the county jail for a term not exceeding six months, or both fine and imprisonment in the discretion of the court. Misrepresenting pedigree of stallion. §3213 — 1. INDEX. AGRICULTURAL EXPERIMENT STATION. Section. Agricultural Experiment Station 409-1 Appointment, Board of Control, etc 409-2 When Board Called Together, Organization, Annual Meet- ing 409-3 Incorporation of Board; Appointment of Director; Annual Report 409-4 Powers and Duties of Director 409-5 Title of Lands, How Held 409-6 AGRICULTURAL STATISTICS. Statistics to be Gathered and Returned by Assessors 1522 Return of Statistics; Agricultural Statistics 1523 AUTOMOBILES, MOTOR VEHICLES, ETC. Penalty for Obstructing Travel on Road 3490 BEES. Upon Petition County Commissioners May Appoint Bee Inspector. (0. L. 1904.) 1 Appointee Shall Pile Acceptance of Office; Vacancies (O. L. 1904.) 2 When Affidavit to be Filed Stating that Certain Apiaries are Affected with Disease (0- L. 1904.) 3 Inspector Shall have Right to Enter Premises of Any Bee- keeper for Purpose of Inspecting Bees; Penalty for Refusing to Allow Entry (O. L. 1904.) - 4 After Inspecting the Inspector Shall Disinfect Person and Clothing (O. L. 1904.) 5 Inspector May Order Owner of Bees Dwelling in Box-hives to Remove Same to Movable Frame Hives; Penalty for Failure So to do (O. L. 1904.) 6 Penalty for Disposal of Diseased Bees or Infected Combs, Appliances, etc. (O. L. 1904.) 7 Penalty for Unauthorized Disposal of Bees, Hives or Ap- purtenances (O. L. 1904.) 8 Penalty for Failure to Comply with Instructions of Inspector (O. L. 1904.) 9 Penalty for Disobeying Orders of Inspector (O. L. 1904.) . . 10 Inspector's Monthly Report (O. L. 1904.) 11 Compensation of Inspector (O. L. 1904.) 12 BICYCLES. SiDEPATHS Board of Sidepath Commissioners 4935-3 Power to Construct and Maintain Sidepaths 4935-4 License Upon Bicycles 4935-5 License Fees to be Paid to County Treasurer 4935-6 Disposition of Fees 4935-7 Penalty for Wrongful Use of Path 4935-8 Obstructing, Destroying, etc., of Path " 4935-9 Speed Upon Path 4935-10 Sidepaths Heretofore Constructed to be Placed Under Control of Sidepath Commissioners 4935-11 May Remove Tree Limbs, etc 4935-12 Penalties 4935-13 Security for Appearance in Court 4935-14 Notice 4935-15 Wrongful Taking of Bicycle, etc., with Intent to Injure Same 6854a Page. 18 18 19 19 19 20 30 30 52 128 128 128 129 129 129 129 130 130 130 130 130 345 346 346 346 347 347 347 347 347 347 347 347 348 359 374 INDEX. Maliciously Altering, etc., Name or Number of Bicycle, etc Maliciously Injuring Part of Bicycle, etc Unlawfully Placing Upon Public Way Substance Liable to Injure Pneumatic Tire Disposition of Fines Section. 6854& 6854c 6854d 6854e Page. 359 360 360 360 BRIDGES. Commissioners Shall Construct and Repair Bridges, Ex- C6Pt etc Approaches to Such Bridges Shali be Made by Commission- ers, Except, etc ' Commissioners of Two or More Counties May Build Bridges Near County Line, etc Commissioners Shall Bring Suit in Certain Cases for In- juries to Bridges, etc A Bridge to Replace One Destroyed May be Located Else- where Authority for Straightening Creeks or Watercourses Petition Shall be First Filed Therefor, and What it Shall Contain Viewer Shall be Appointed, Who Shall Report If Report Favorable Work Shall be Advertised and Let to Lowest Bidder, etc Costs and Expenses Shall be Paid out of Bridge Fund County Commissioners to Build Bridges Over Canals Swing Bridges May be Built Over Canals Commissioners Must Build Bridges in Certain Cities and Villages Joint County and Railroad Bridges Construction of Approaches to County Bridges; Purchase of Materials; Appropriation of Materials; Lighting of Bridges; Duty of Township Trustees They May Purchase Toll Bridge Guard Rails on County Bridge; Hedge Fences How Paid For Penalty County Commissioners May Purchase Toll Bridge Right to Bridge Forfeited Bonds May Issue Therefor Levy Tax to Pay Same Must Put Up Caution Notices Arrest of Certain Persons on View Authorized, How Prosecuted 860 23 861 23 862 23 863 23 864 24 865 24 866 24 867 24 868 25 869 25 4936 348 4937 348 4938 348 4939 349 4940 349 4941 350 4941-1 350 4941-2 350 4941-3 350 4941a 350 49416 351 4942 351 4943 351 4944 351 4945 352 4946 352 COMMERCIAL FEED STUFFS. Packages of Commercial Feed Stuffs to be Labeled; What Label to Contain (0. L. 1904) Copy of Label and Sample of Feed Stuffs to be Filed With Secretary of State Board of Agriculture (O. L. 1904) . . License and Fee Therefor (0. L. 1904) "Commercial Feed Stuffs" Defined (0. L. 1904) Under Whose Direction Analysis to be Made and How Paid For (0. L. 1904) Penaltyfor Failure to Comply With This Act (0. L. 1904) Penalty for Failure to Properly Mark or Brand Adulterated Packages (0. L. 1904) ' Secretary of Board of Agriculture Authorized to Withdraw From Packages, etc., Sample for Analysis (O. L. 1904) Prosecutions Under This Act (O. L. 1904) Publications of Reports of Analyses (O. L. 1904) 132 2 3 4 133 133 133 5 6 133 134 7 134 8 9 10 134 134 134 INDEX. 375 Section. Page. COMMERCIAL FERTILIZERS. How Package Containing Commercial Fertilizer to be Marked 4446a 131 Person Offering Same for Sale to Deposit Sample with Sec- retary State Board of Agriculture 4446& 131 Manufacturer, Importer, or Agent to Pay License 4446c 131 Analysis to be Made by Secretary State Board of Agri- culture 4446d 131 Secretary to Publish, Annually, Report of Analyses Made and Pees Received 4446e 131 Penalty for Exposing for Sale or Selling Commercial Fer- tilizer Unlawfully 4446f 132 Where Suits to Recover Penalties May be Brought 4446^ 132 Secretary State Board of Agriculture May Select Samples to be Analyzed 44467i 132 All Suits Under this Act to be Brought by Secretary State Board of Agriculture 4446i 132 Pine and Imprisonment for Violation of Provisions of Fer- tilizer Law 7002 370 CONSTABLES— SPECIAL. Justices of the Peace May Appoint Special Constables 3710 70 Powers of Such Constables 3711 70 COUNTY AGRICULTURAL SOCIETIES. Organization 3697 60 For What Premiums May be Offered 3698 61 Must Publish a List of Awards, etc 3699 62 County Societies Erected Into Corporations 3700 62 Conveyances to Such Societies Declared Valid 3701 62 Commissioners May Assist Agricultural Societies In Pur- chasing, etc.. Sites for Fairs; Levy of Tax 3702 62 Submission of Question of Issuing Bonds to Liquidate Debt of County Agricultural Society 3702-1 62 Bonds; Levy 3702-2 63 Proceeds Used in Liquidation of Debt 3702-3 63 Money Raised for County Agricultural Societies Applied to Purposes Intended by Act, Though Life of Act Expired 3702-4 64 Commissioners in Certain Coui;ties may Assist Agricultural Societies in Purchasing, Losing or Improving Site for Fairs 3702a 64 Commissioners May Levy Tax for Encouragement of Agri- cultural Fairs 37026 64 County Commissioners May Purchase Pair Grounds 3703 64 Tax Must be Submitted to the Electors 3704 65 When Real Estate Vests in the County 3705 65 Insurance on Fair Ground Property 3705o 65 Societies May Sell and Purchase Other Sites 3706 67 When County Commissioners Shall Complete and Carry Out Contracts by Such Society 3706a 67 Provisions for Payment for Such Purchase or Lease of Lands 3706& 67 Control and Management of Lands When Title is Vested in County Commissioners 3706c 68 How Conveyances to be Executed 3707 69 Society Cannot Incumber Its Grounds 3708 69 CRIMINALS, SOCIETY FOR APPREHENSION OF, ETC. Corporations for the Apprehension and Conviction of Criminals 3705-11 65 Seal, Constitution, Officers, etc 3705-12 65 Assessment, Indemnity for Losses, etc 3705-13 66 Reimbursement of Expense by County 3705-14 66 Township Societies for Detection of Horse Thieves and Other Criminals 3709a 69 376 INDEX. CROP AND STOCK SERVICE. Crop and Stock Service Established CRUELTY TO ANIMALS, ETC. Section. 409-35 "Ohio Humane Society"; Powers, etc., Representatives; Object of, etc 3714 Other Societies Authorized 3715 How Incorporated 3716 May Elect Officers and Make Regulations 3717 Societies to Prevent Cruelty to Animals May Appoint Agents to Enforce Law 3718 In Prosecutions for Adulteration of Food, etc.; For Cruelty to Animals, etc 3718a Magistrates May Authorize Certain Inspections 3719 Duties of Police Officer; Penalty 3719a Police Powers of Officers and Agents 3720 Interpretation of Certain Words 3721 Member May Require Police Officer to Act 3722 A Person Guilty is Liable in Damages 3723 Conviction of Agent no Bar to Action Against Principal. . . . 3724 Any Person May Protect an Animal from Neglect 3725 Animal May be Ordered Killed 3725o Removal of Child from Possession of Parent by Officer of Humane Society 3725-1 Order of Probate Court Making General Agent of Society Guardian of Child 3725-2 Cruelty to Animals 6951 Dehorning of Cattle 6951 Disposition of Fines Collected 6951 Docking Tail of Horse; Penalty 6951-1 Lawful Docking 6951-1 Dog-fighting, Cock-fighting, etc; Who Deemed Aiders and Abettors 6952 DISEASES. Transportation of Cholera-infected Hogs 4211-6 Liability of Violator 4211-7 Common Carriers or Employes not Affected, etc 4211-8 Board of Live Stock Commissioners 4211-9 Duty as to Extirpating Diseases 4211-10 Bodies of Dead Animals 4211-11 An Act to Suppress Dangerously Contagious Diseases of Animals; Expense of Quarantining Such Animals; Duty of Sheriffs and Constables 4211-12 Records of the Board; Their Report; Expenses; Compen- sation, etc 4211-13 Proclamation Prohibiting Importation of Diseased Live Stock 4211-15 Appraisement and Killing of Diseased Animals 4211-16 Appointment of Veterinarian 4211-16a Power as to Inspection, etc 4211-166 Penalty for Failure to Comply with Rules 4211-16c Co-operation with U. S. Department of Agriculture 4211-16(i Power of Inspector of Bureau of Animal Industry 4211-16e Compensation for Animals Destroyed 4211-17 Appropriation to Pay Claims: How Made 4211-18 Driving of Cattle from Certain States Forbidden Dur- ing Certain Months; Conveyance by Railway For- bidden, Except 4211-19 Unloading of Certain Cattle in Certain Months Forbidden, Except 4211-20 Penalty 4211-21 Duty of Transportation Companies; Penalty for Violation of Such Duty 4211-22 Page. 22 73 74 75 75 75 75 77 77 77 77 78 78 78 78 79 79 79 367 368 368 368 368 '368 99 99 99 99 99 100 100 101 101 101 101 101 102 102 102 102 103 103 103 104 104 INDEX. 377 Section. Pa&e. Prosecutions for Offenses Hereunder 4211-23 104 Penalty for Selling or Failing to Keep Securely Isolated Horses, etc., Affected with Glanders 4211-24 104 Appraisal and Payment of Compensation in Case of Destruc- tion of Such Animals by Order of Live Stock Commis- sion 4211-25 104 Penalty for Suffering Sheep Affected with Scab to Run at Large, or for Selling Same, Knowing, etc 4211-26 105 Duties of Carriers and Owners of Stock Yards 4212 105 Selling Diseased Animals, Allowing Same to Run at Large or Come in Contact with Other Animals 6855 360 Importing Cattle Infected with Spanish Fever 7003 370 DOGS. Tax on Dogs; Distribution 2833 40 When Dog to be Considered Property 4212-1 105 When Dog May be Killed at any Time, etc '. . 4212-2 105 Liability to Owner of Dog for Killing or Injury 4214 106 Statement of Damages for Sheep Killed or Injured by Dogs. 4215 106 Allowance by County Commissioners of Damages for Sheep Killed by Dogs 4215a 107 Provisions for Reimbursement of Expenses Paid by Persons Injured by Mad Dog (O. L. 1904) 1 107 DOMESTIC ANIMALS. Altering Ear-marks or Brands of Domestic Animals 6850 358 Killing or Injuring Domestic Animals 6851 358 Administering Poison to Domestic Animals 6852 359 Not to Apply to Trespassing Animals 6853 359 Taking, Using, etc.. Horse, Mule, etc.. Without Leave 6854 359 Cruelty to Animals 6951 367 Dehorning of Cattle 6951 368 Docking Tail of Horse; Penalty 6951-1 368 Lawful Docking 6951-1 368 Dog-fighting, Cock-fighting, etc.; Who Deemed Aiders and Abettors 6952 368 DRAINAGE. County Ditches — Ditches and Watercourses; Commissioners May Con- struct, etc Meaning of the Word "Ditch," etc When Ditch Benefits a Road Application for County Ditch; Bond Montgomery County Commissioners Authorized to Pro- tect Against Dangerous Waters Petition Wbit to Contain and Bond Notice of Filing of Petition, etc Hearing by Commissioners When Commissioners Find Against the Improvement. . Finding for the Improvement; Survey and Plat Engineer Must Report Assessment, etc., of Cost of Ditches What the Plat Shall Show Commissioners May Change Apportionment Apportionment of Assessment by Auditor, etc Re-apportionment by County Commissioners Application for. Compensation and Damages, etc Commissioners to Fix Compensation and Damages Exceptions Before Commissioners in Proceedings to Es- tablish County Ditch Who May Anneal to the Probate Court, etc Hearing of Preliminary Questions When Jury to be Drawn and Venire How Panel to be Filled 4447 135 4448 135 4449 135 4450 135 4450-1 136 4451 136 4451a 136 4452 137 4453 137 4454 137 4455 138 4456 138 4459 138 4459a 138 44596 139 4460 139 4461 139 4462 140 4463 141 4464 141 4465 141 4466 142 378 INDEX. How Jury to be Sworn View by and Trial to the Jury Form of Verdict , Transcript to be Sent to County Commissioners Costs When Jury Find for Improvement Costs- When Probate Court Confirms Assessment Several Appeals to be Tried Together When and How Commissioners to Sell Out Work Sale of Work When Cost is Estimated at $500 or More per Mile ■ Providing for Inspection of Drain Tile Sale, Bonds of Bidders etc County Ditches; Supervision of Work, Payment of Con- tractors When Contract for Ditch not Completed; Proceedings in Case of Damages Commissioners to Make Assessments on Benefited Lands Assessments for County Ditches; How Collected, etc.. Assessments When County Bonds are to be Issued Form of Such Bonds A Municipal Corporation may Present a Petition Whole or Part of Municipality May be Considered a Single Tract Notice to Municipal Authorities and Proceedings There- after Penalties Against Oflicers for Neglect of Duty Application When Ditch in More than One County Joint County Ditches; Apportionment of Cost ^ When Change of Route is Authorized Collection of Taxes or Assessments not to be Enjoined How Far Proceedings May be Declared Void An Old Ditch May be Repaired in Same Proceeding. . . When Township Trustees may Apply for Ditch Commissioners Shall Require Surveyor or Engineer to Give Bond Commissioners May Require Bridge or Culvert to be Enlarged, etc Commissioners May Vacate a Ditch When Ditch Becomes Public Watercourse General Levy for Ditch Fund. Proceedings when Com- pensation for Damage Awarded, etc Duties of Commissioners when Awards are Made Bonds, ' How Paid Township Levy for Ditch Purposes When Board of Education May Levy to Pay Assessment Auditor to Make Record of Ditch Proceedings Auditor to Keep Ditch Accounts Fees and Costs How the Same to be Paid County Ditch Improvement Fund Created Penalties for Olsstructing Ditches; Duty of Com- missioners When County Commissioners May Cause Ditch, etc., to be Repaired, Expense, etc Ditch in Moee Than One County — Duty of Commissioners as to Certain Ditches Proceedings on Failure to Agree or Pay Further Proceedings on Failure to Agree or Pay . . '. . . . Abandonment by Commissioners of Upper County. . .. . . Compensation of Commission [ Expense; How Apportioned [[ Collection by Treasurer [ [[ Outlet May be Enlarged When Necessary ........ Duty of Township Trustees [[[[ Cleaning and Repairing [/[ Cleaning, Repairing or Enlarging Joint County Ditch! '. Section. Page. 4467 142 4468 142 4469 142 4470 143 4472 143 4473 143 4474 143 4475 143 4475a 144 4475-1 144 4476 144 4477 4478 145 145 4479 146 4480 146 4481 146 4482 147 4483 147 4484 147 4485 147 4487 148 4488 148 44886 148 4489 149 4490 149 4491 149 4492 150 4493 150 4494 150 4495 151 4499 152 4500 152 4501 152 4501a 153 45016 153 4502 153 4503 153 4504 153 4505 153 4506 154 4507 155 4508 155 4509 155 4510 156 4510-1 156 4510-2 157 4510-3 157 4510-4 158 4510-5 158 4510-6 158 4510-7 159 4510-8 159 4510-9 159 4510-10 159 4510-11 159 INDEX. 379 Underground Drain — ^ , Section. Page. Outlet for Underground Drain 4510-12 160 Payment of Cost According to Benefits 4510-13 160 Township Trustees to Locate Drain When Property Owners Cannot Agree 4510-14 161 Damage to Crops 4510-15 161 Ditches Along Public Highways Shall be Kept Open. . 4510-16 161 Sink-holes May be Opened, etQ 4510-18 161 Application for; How Made 4510-19 161 Commissioners or Trustees to Determine Whether Im- provement Necessary 4510-20 162 Proceedings if Finding for or Against, etc 4510-21 162 Auditor or Clerk to Fix Day for Hearing; Notice 4510-22 162 Public or Corporate Road to be Assessed if Benefited .. . 4510-23 163 Meeting for Hearing; Proceedings 4510-24 163 Report of Engineer May be Amended 4510-25 163 Assessments According to Benefit 4510-26 164 Compensation and Damages ^ 4510-27 164 Proceedings in Case of Appeal; Public Sale of Work; Contracts and Bonds 4510-28 164 Work; How Done and Paid for 4510-29 164 Proceedings when Contract not Complied with 4510-30 165 Compensation and Damages; How Assessed 4510-31 165 Tax; How Collected and Accounted for 4510-32 165 Levy not "Void for Error 4510-33 166 When Bonds Issue, Assessments for Costs and Interest Must be Made; Form of Bond. . ., 4510-34 166 Proceedings When Ditch, Drain, etc., is Situated in More Than One County 4510-35 166 Penalty for Failure to Perform Duty 4510-36 166 May Provide for Cleaning Ditch, Drain or Watercourse 4510-37 167 Fees for Services, etc 4510-38 167 Joint County Ditch Betvsteen Counties of Ohio and Other States — Joint Interstate County Ditches; Petition, etc 4510-39 167 Notice by County Auditor 4510-40 167 Meeting and Organization of Joint Board 4510-41 168 Vote of Ohio Members 4510-42 168 Adjournment for Lack of Quorum 4510-43 168 View of Route Petitioned for; Finding for Improve- ment, etc 4510-44 168 Power of Joint Board to Locate 4510-45 168 Employment of Engineer to Determine Proper Route. . 4510-46 168 Capacity of Improvement 4510-47 169 Adjournments 4510-48 169 Report of Findings and Proceedings 4510-49 169 Engineers to Locate Ditch 4510-50 169 Bond 4510-51 169 Staking Improvement; Grade Megs and Bench-marks. . 4510 52 169 Plat and Profile; Schedules; List of Lands Affected, etc 4510-53 169 Copy of Engineer's Report 4510-54 170 Duty of Auditor on Receipt of Report 4510-55 170 Rules Governing Board 4510-56 170 Amendment or Approval of Report; Copy of Report; ' Called Meetings 4510-57 170 Power to Enter upon Lands 4510-58 170 Division of Costs Among Lands Affected 4510-59 171 Further Proceedings; Assessment of Lands not Con- tained in Engineers' Report 4510-60 171 Work Beyond State Limits 4510-61 171 Fees ; 4510-62 171 Claims for Compensation, Damages, etc 4510-63 171 I 380 INDEX. Joint Intekstate Countt Ditches — „ Section. Page. Joint Interstate County Ditches; Commissioners I.Iay Enter Into Agreemment for Construction 4510-64 171 Improvement of Outlet of Diteli, etc., in this State 4510-65 17^ Terms of Agreement Set Forth on Commissioners' Journal 7 4510-66 172 1'owNSHip Ditches — Township Trustees may Establish Ditches 4511 173 Meaning of the Word "Ditch," etc 4512 173 The Trustees May Buy Blanlts 4513 173 Petition for a Ditch and Proceedings Thereon 4514 173 Joint Township Ditches; Application; Surveyor's Report 4514a 174 Notice to Land Owners of Filing Petition 4515 175 When Action May be Brought on Bond 4516 175 Proceeding Does Not Abate by Death of Party 4517 175 Application for Compensation and Damages 4518 175 When Preliminary Steps have not been Taken 4519 175 Township Ditches; Duties of Trustees, etc 4520 176 Township Ditches; How Compensation and Damages Awarded 4521 176 More than one Channel May be Established 4522 176 May Order Riprapping to be Done 4523 177 Boxing or Tiling of Township Ditches 4524 177 When and How Route May be Changed 4525 177 Ditch to be Divided into Sections 4526 177 Fees of Officers and Others 4527 177 Report of Trustees to Clerk 4528 178 Duties of the Clerk Thereon 4529 178 Time to Complete Work may be Extended 4530 178 Flood-gates may be Ordered 4531 178 ' How Obstructions may be Removed 4532 178 Appeals to the Probate Court 453'3 179 Consolidation of Separate Appeals, etc 4534 179 Notice to Land Owners 4535 179 Hearing of Preliminary Matters on Appeal 4536 179 Trial to Jury on Appeal 4537 179 Jury May View Premises 4538 180 Form of the Verdict 4539 180 Proceedings on Return of the Verdict 4540 180 Fees and Costs and to Whom Taxed 4541 180 Judge to Make Transcript and Trustees to Meet 4542 181 How Trustees to Proceed If no Appeal 4543 181 At What Price Work may be Sold 4544 181 Actions on Bonds and Re-sales of Work 4545 181 Any Person Injured may have Action 4546 182 When Assessments to be put on Duplicate 4547 182 Costs When Verdict Against Appellant 4548 182 Costs may be put on the Duplicate 4549 182 When a Person Injured may Sue Trustees 4550 183 Proceedings When Papers are Lost 4551 igs Township Ditch may be Altered or Repaired by Trus- tees 4552 183 What Taxes or Assessments are not Void 4559 igs Only Party Injured Can Have Relief 4560 183 DRIFT. Removal of Deift — Who May Remove Drift on Another's Land, and When. 4561 183 Commissioners May Remove Drift for Protection of Roads Application by Taxpayers Therefor Appointment of Viewer Report of Viewer and Proceedings Thereon Costs and Expenses to be Paid out of Bridge Fund .... 4562 184 4563 184 4564 184 4565 184 4566 184 INDEX. 381 Section. Page. Commissioners May Remove Obstructions as a Sanitary IMeasure 4567 185 County Commissioners JMay Remove Certain Mill-dams as a Sanitary Measure 4567a 185 Applications tor; How Made; Bond, etc 45676 185 Hearing; View of Premises; Report and Record of Finding; Negotiations tor Purchase and Removal, etc 4567c 185 Applications Therefor, and Bond 4568 187 Notice to Land Owners 4569 188 Hearing of Preliminary Matters 4570 188 Hearing on the Merits, and Proceedings Thereon 4571 188 Apportionment of the Work 4572 188 When Benefited Lands are in More than one County. . 4573 189 Petition and Notice in Such Case 4574 189 Notice of Appeal and Bond 4575 189 Transcript and the Filing Thereof 4576 189 Drawing the Jury, and Venire 4577 189 Notice of Meeting of the Jury 4578 189 Hearing of Preliminary Matters 4579 190 Oath and Report of the Jury 4580 190 Proceedings on Report of the Jury 4581 190 Proceedings When no Appeal is Taken 4582 190 Payment for Work Done 4583 191 Commissioners May Keep Channel Clear 4584 191 Cleaning and Repaibing op Ditches and Wateecoueses — Land Owner Must Keep Clear of Obstruction ' 4584-1 191 Cleaning Ditches 4584-2 191 Procedure in Case Applicant a Resident Owner 4584-3 192 Proceedings of Commissioners 4584-4 192 Duty of Township Trustees as to Cleaning Township Ditches 4584-5 193 Hearing Before Such Trustees, etc 4584-6 194 Duty of Trustees upon Application by Person Injured by Obstruction of Ditch 4584-7 194 Examining Ditch 4584-8 195 Commissioners May Cause any County Ditch to be Cleaned 4584-9 195 Proceedings by Commissioners upon Petition by Ma- jority Resident Land Owners 4584-10 195 Levy of Tax for Ditch Cleaning 4584-11 196 Commissioners May Appoint Supervisor 4584-12 196 Bond 4584-12a 196 Duty of Supervisor 4584-126 196 Accounts of Supervisor 4584-12C 197 Disposition of Moneys 4584-12(i 197 Report to Commissioners 4584-12e 197 Compensation 4584-12f 198 Repair of Head-gates of Water Power 4584-12? 198 ESTRAYS AND DRIFTS. Who May Take up Estrays, and When not to be Taken up . . 6627 352 Description of Stray; its Record by Township Clerk; Adver- tisement, etc Appraisement Its Record by Justice; His Fees and Clerk's; List of Strays made by Clerk of Court Proceedings When Taker-up not a Freeholder, etc Strays Outside of Settlement Proceedings by Owner to Reclaim Strays; Sale in Default of Payment of Costs What Strays Shall Vest in Taker-up; Sale of Animals not Vesting In Taker-up, etc 6628 6629 352 353 6630 6631 6632 353 353 353 6633 354 6634 354 382 INDEX. Section. Sale and Adjustment, etc., of Proceeds, etc. . . r ^^^^ How Collected, etc., and When to be Paid to the Owner of the Stray 663b Penalty, etc., for Working, Selling, Abusing, etc.. Strays. . . 6637 Stallion Deemed a Stray, etc., may be Gelded ^°^° Boat, Raft, etc., Adrift May be Taken up, etc 6639 Record, Disposition, etc., and Fees of Justice and Clerk. . . 6640 How Owner of Drift May Reclaim it 6641 When' Drift Shall Vest in Taker-up and What Sold and How 6642 Township Treasurers to Deliver Money, Books, etc., to Suc- cessors '• 6Si3 Justice's Stray-book; to Deliver it to Successor, etc 6644 Penalty for Neglect of Duty, etc 6645 In Name of Trustees 6646 Fees of Freeholders 6647 Abandoned or Stolen Property; How Disposed of 6647a FAIRS AND FAIR GROUNDS. Justices of the Peace May Appoint Special Constables 3710 Powers of Such Constables 3711 Duties of Certain Officers to Suppress Sale of Liquors at Fairs 3712 How Articles Seized to be Disposed of 3713 Trespass 3713-7 Penalty 3713-8 Prosecutions Hereunder 3713-9 Proceedings for Appropriation of Lands for Enlargement of Fair Grounds 3713-10 Board of Directors, to Prosecute Proceedings 3713-11 Fraudulent Entry of Horse in Contest of Speed 4221-7 Penalty ■ 4221-8 Change of Name for Purpose of Entry 4221-9 Class Determined by Performance 4221-10 Cheating by False Pretense 4221-11 Penalty 4221-12 Setting up Obstruction on Public Sidewalk 6884 Prohibiting Sale of Intoxicating Liquors and Keeping ,of Houses of Ill-Fame at Certain Places; Abatement as Nuisance 6946 Exhibitions and Temporary Business at Fairs Prohibited . . 7006 FARMERS' INSTITUTES. When Farmers' Institute Society Deemed Body Corporate. . Number, Times and Places of Annual Meetings County Payments to Societies and State Board of Agricul- ture , •. Society's Statement of Expenses; What Secretary's Certifi- cate to Indicate Lecturers at Annual Meetings Publication and Distribution of Lectures and Papers FARM LABORERS' ASSOCIATIONS. Farm Laborers' Associations What Investment it May Make Must Report to Attorney-General Consolidation of Two Associations Attorney-General to Report Annually May Maintain Libraries, etc FENCES. How Expenses of Making Partition Fence Adjusted Hedges or Barbed Wire Partition Fence; Penalty Requiring the Cutting of Briers, Thistles, etc.. Along Parti- tion Fences 3713-1 3713-2 3713-3 3713-4 3713-5 3713-6 3843 3844 3845 3846 3847 3848 4239 4239a 4240-1 Page. 355 355 355 356 356 356- 356 356 357 357 358 358 358 358 70 70 70 70 72 72 73 73 73 108 108 108 109 109 109 364 367 370 70 71 71 71 71 72 79 80 80 80 80 80 109 109 110 INDEX. 383 Notice to Land Owner' Failing to Cut Noxious Weeds, and Duties of Township Trustees in the Premises Cost of Work; How Collected and' Paid Anticipating Such Cost Trustees' Fees Duty and Power of Township Trustees in Controversies Over Partition Fences Building of Partition Fence and Collection and Payment of Cost When Either Party Fails to Comply With Assignment County Recorder Shall Keep a "Partition Fence Record". . Meaning of Term "Owner" Notice; How Served When Division Line is in a Stream of Water When and How Re-assignment may be Had Jurisdiction of Trustees Where Partition Fence on Town- ship Line Where Suit to be Brought Relating to Fence on Township or County Line Where Suit to be Brought When Fence Wholly Within Township Remedies Provided not Cumulative Penalty Against Trustee for Neglect How Damage by Trespassing Animals on Account of Fail- ure to Repair Partition Fence, Recovered Liability of Owner of Trespassing Animal for Damages . . How Hedge Fence Regulated Size of Hedge Fence Restricted Penalty for the Violation of Provisions with Respect to Hedge Fence Where Actions with Respect to Hedge Fence to be Brought Land Owner May Construct Fence From Side of Road to End of Sides of Bridges or Culverts; Shall Not Ac- quire Title (O. L. 1904) Barbed Wire Not to be Used (0. L. 1904) FISH AND GAME COMMISSION. Appointment; Terms; Removals (O. L. 1904) Bond and Oath (0. L. 1904) No Compensation, but all Expenses to be Paid Them (O. L. 1904) Powers and Duties (0. L. 1904) Appointment of Chief Warden; Special Wardens, etc. (O. L. 1904) Duty and Power of Said Wardens (O. L. 1904) Seizure of Instruments Used for Unlawful Catching of Birds, Fish or Game (O. L. 1904) Proceedings for Condemnation and Forfeiture of Said In- struments (O. L. 1904) Final Jurisdiction (0. L. 1904) Prima Facie Evidence of Guilt (O. L. 1904) luxamination and Inspection of Packages, Boxes, Recep-. tacles, etc.. Search Warrants (O. L. 1904) Catching, Killing, Injuring or Pursuing Birds (O. L. 1904) Permits to Take Birds, etc., for Scientific Purposes (O. L. 1904) Manual for Arbor Day Exercises to Contain Copy, etc. (O. L. 1904) Catching, Killing, Injuring, Pursuing Game, Destroymg Eggs, Nests or Young; Hunting, Shooting, Trapping, etc., (O. L. 1904) Catching, Killing, Injuring or Pursuing Rabbits, When Unlawful (O. L. 1964) Catching, Killing, Injuring or Pursuing Prairie Chicken or Pheasant (O. L. 1904) Section. Page. 4240-2 110 4240-3 110 4240-4 110 4240-5 110 4242 110 4243 4243a 42436 4243c 4243d 4244 111 111 111 111 112 112 4245 112 4246 112 4247 4248 4249 113 113 113 4250 4251 4252 4253 113 114 114 114 4254 4255 114 114 1 2 115 115 1 2 5 6 3 4 6 6 5 6 6 7 7 8 8 9 10 8 9 10 11 12 11 11 13 12 14 12 15 13 16 13 17 14 38.4 INDEX. Section. Unlawful to Purchase, Sell, Expose or Possess Certain Birds or Game (O. L. 1904) ^^ Catching, Killing, Injuring or Detaining Carrier Pigeons, etc. (O. L. 1904 ) ^•' Hunting or Trapping on Lands, etc., of Another Without Permission (0. L. 1904 ) ^" Transportation of Birds, Fish and Game (O. L. 1904) . . . . ^)- Non-residents of State Required to Secure Hunter's Li- cense ( 0. L. 1904) %l Unlawful Catching and Killing of Fish (O. L. 1904) ^a Trespassing Upon Lands Bordering on Fish Ponds, etc., for Purposes of Catching Pish ;0. L. 1904) 24 Repeals (O. L. 1904) 25 Discharging Fire-arms on Lawns, etc °9o2 FLAG. Official Flag of the State of Ohio 23a FOOD AND DAIRY' COMMISSIONER. Ohio Dairy and Food Commissioner; Salary and Expenses.. 409-7 General Duties of Himself and of His Assistants 409-8 Powers; Prosecutions 409-9 Assistant Commissioners, Experts, etc 409-10 Bond 409-13 Commissioner's Clerk 409-14 FORESTRY. State Forestry Bureau 409-15 Duties of the Bureau, etc 409-16 Annual Report 409-17 Appropriation for Expenses 409-18 Expenditures 409-19 FRAUDS. Penalty for Misrepresenting Pedigree of Stallion or Jack. . 3213-1 Penalty for Vending Impure Seed 7001 Unlawful Sale of Certain Kinds of Wool 7069-3 Penalty 7069-4 Fraud in Sale of Grain, Seed, etc.; Negotiation of Notes Obtained by Such Fraud; Penalty 7069-5 Labeling of Binding Twine 7072-1 Labeling of "Soaked" Goods and Cans of Maple Molasses 7072-3 Unlawful Obtaining of Registry or Transfer in Any Herd Book; Penalty 7076-1 Venue 7076-2 False Pedigree or Certificate of Sale of Stock 7076-3 FREE PUBLIC PARK. Petition for Establishment of Township Free Public Park: Apnointment of Board of Park Commissioners (O. L., 1904.) 1 Written Report of Board as to Site and Cost Thereof (0. L., 1904.) 2 Submission of Question of Establishment of Park (O. L., 1904.) Duty of Board After Affirmative Vote (O. L., 1904.) Powers and Duties of Board (O, L., 1904.) May Condemn Land or Materials {O. L., 1904.) Tax Levy to Defray Expenses; Submission of Question of Increased Levy (O. L. 1904) Collection of Tax; Bonds May be Issued (O. L. 1904) Annual Report of Financial Statement (O. L., 1904.) Title of Park Property Acquired by De Facto Board to Pass to Board Herein Provided (O. L., 1904) Repeals, etc. (O. L., 1904.) Page. 14 15 15 15 16 16 18 18 369 20 20 20 20 21 21 21 22 22 22 22 46 369 370 371 371 371 372 372 372 372 27 27 3 27 4 28 5 28 6 28 7 29 8 29 9 29 10 29 11 30 Section. Page. 2664-4 2664-5 2664-6 31 31 31 2664-7 32 2664-8 32 2664-9 2664-10 2664-11 2664-12 32 32 33 33 2664-13 3^ 2664-14 33 INDEX. 385 HIGHWAYS. Labor UroK Highways — Labor Upon Highways Within Road District; Who Liable; Exemptions Commutation Ordering Out of Persons Liable ; Penalty Non-exemption Against Execution; Cost in Certain Cases Non-release by Neglect to Order Out, Directions Gov- erning Time of Performance Production or Non-production of Certificate in Case of Removal Appearance with Required Implements, etc Residence Collection of Fines, etc Expenditures and Accounts; List of Those Ordered Out and Those Delinquent, etc Transfer of Money; Receipt; Executions on Unpaid Judgments; Expenditure of Proceeds Levying Taxes, Liens, Etc. — Commissioners to Determine Annually Amount to be Levied 2822 34 Levy for "State and County Road Improvement Fund" 2822-1 34 Improvement of State and County Roads 2822-2 34 Surveys, Profiles, Estimates and Specifications 2822-3 34 Bids; Letting of Contract 2822-4 35 Levy of Taxes for County Road and Bridge Purposes 2824 35 Township Taxes; When and How Made 2827 37 Authorizing Trustees of Certain Townships to Levy a Road Tax 2827-1 38 Labor on Public Highways, etc 2830 38 Lien Upon Railroad, etc.; for Labor or Material Fur- nished 3231-1 46 How Lien Obtained 3231-2 47 Bond; When Injunction May Issue 3231-3 47 Engineer to Make Measurements, Estimates, etc 3231-4 47 Penalty 3231-5 48 Penalty for Obstructing Travel on Road 3490 52 STATE HIGHWAY DEPARTMENT. State Highway Commissioner; Appointment, Term, Qualifi- cations; Salary; Bond, etc. (O. L., 1904.) 1 209 Object and Purpose of Department (O. L., 1904.) 2 209 When County Commissioners Authorized to Direct That Public Road be Improved (O. L., 1904.1 3 210 His Duty Upon Approval of Application (O. L., 1904.) 5 210 Certification of Estimate of Cost of Improvement and Copy of Plans and Specifications, etc., to County Commis- sioners (O. L., 1904.) 6 211 Commissioners May Then Adopt a Resolution That Such Highway be Constructed (O. L., 1904.) 7 211 How Right of Way Secured When Proposed Highway De- viates from Existing Road (O. L., 1904.) 8 211 Advertisement for Bids and Letting of Contracts (0. L., 1904.) 9 211 Apportionment of Cost of Improvement Between State, County, Township and Abutting Property Owners (0. L., 1904.) 10 212 State Shall Pay One-fourth and County Three-fourths of Cost (O. L., 1904.) 11 212 Apportionment of Township's Share of Cost Between Whole Township and Abutting Property Owners (O. L., 1904.) 12 212 25— F. H. B. 386 INDEX. Section. Page. When Cost of Construction to be Paid (O. L.., 1904.) 13 213 Or-:-Tr In Which Roads Shall be Improved (O. L,., 1904.) 15 218 Commissioners May Determine Kind of Materials to be Used in ImiSroving Road (O. L., 1904.) 16 214 Engineer (O. L., 1904.) 17 214 County Line Roads (O. L., 1904.) 18 214 Reconstruction of Turnpike or Improved Road Under Pro- visions of This Act (O. L., 1904. ) 19 214 As to Money Appropriated to Carry Out Provisions of This Act (O. L., 1904.) 20 214 Counties Which Have Already Constructed Highways En- titled to Their Proportion of Moneys Appropriated for Such Counties Under This Act (O. L., 1904.) 21 215 Creation of State Highway Department; Duties of State Highway Commissioner (O. L., 1904.) 1 215 College of Agriculture and College of Engineering of Ohio State University to oe Employed In Making Investiga- tions Concerning Chemical and Physical Character of Good Road Making Material (O. L., 1904.) 2 216 State Highwayk (0. L., 1904.) 5 216 County Commissioners to Maintain State Highways (O. L., 1904.) 6 216 County Commissioners or Township Trustees May Incur Indebtedness or Issue Bonds (O. L., 1904.) 7 217 Levy for Creation of State and County Road Improvement Fund (0. L., 1904.) 8 217 When Additional Levy Authorized (O. L., 1904.) 9 217 Ofllcersr Having Authority Over Highways to Furnish In- formation to State Highway Department (0. L., 1904.) 10 217 Township Trustees When Road is to be Improved May Bid Upon Work (O. L., 1904.) 11 218 Dirt Road May be Constructed Parallel With Improved Road (O. L., 1904.) 12 218 How Funds from Federal Government Apportioned (O. L., 1904.) 13 218 State Roads — How State Roads Laid Out and Width 4615 218 Petition for; What to Contain 4616 218 Commissioners to View and Survey Proposed Road ... . 4617 219 Bonds to be Given 4618 219 Duties of County Commissioners 4819 219 Route oj Road, etc • 4620 219 Duties of Road Commissioners 4621 219 Notice by Advertisement 4622 220 Second Publication of Notice 4623 220 Appointment of Officers to Assess Damages 4624 220 Payment of Damages 4625 220 Compensation of Commissioners, Employes, etc 4626 221 Appeals 4627 221 The Jury and its Proceedings 4628 i"21 Costs on Appeal 4629 221 When Costs and Damages Paid by County 4630 222 When the Road Can be Established 4631 222 Fees and Costs 4532 222 How Width Reduced 4633 222 How Road Turned, Altered, Vacated, etc 4634 222 Alterations in State Roads Established 4635 222 Vacation by Non-user 4635 223 CouNTT Roads — Width of County Roads 4537 223 County Roads; Power of Commissioners 4637-1 223 Damages, Costs and Expenses; How Paid 4637-2 223 INDEX. 387 Section. Page. Part of Expense May be Paid from County Treasury or Improvement Fund 4637-3 224 Notice of Assessments 4637-4 224 Filing of Objections to Assessments 4637-5 224 Hearings by Equalizing Board 4637-6 224 Confirmation of Assessments 4637-7 224 Assessment upon Real Estate Subject to Life Estate . . 4637-8 224 Collection of Assessments, etc 4637-9 225 Land not to be Taken until Damages are Paid 4637-10 225 Provisions of Statutes Which Shall Apply; Right of Appeal 4637-11 225 Widening and Alteration of Roads in Lorain County. . 4637fc 226 Assessment of Compensation and Damages 4637fc-l 226 Collection of Assessments 4637fc-2 226 Compensation, etc.. May be Paid out of County Treasury 4637fc-4 226 Publication of Assessments 4637fc-5 226 Objection to Assessments 4637fc-6 226 Hearing Objections 4637fc-7 226 Confirmation of Assessments 4637fc-8 227 Application of Existing Statutes 4637fc-9 227 Petition and Bond 4638 227 Judgment for Costs and Suit on Bond 4639 227 What Petition to Contain 4640 227 Notice of Application 4641 228 Appointment of Viewers 4642 228 When Road Viewers Fail to Perform Duty a New Order May Issue 4643 228 If Viewer Fails to Attend How Another Appointed .... 4644 228 Notice to Land Owners 4645 229 Duties of Viewers 4646 229 When Compensation and Damages not to be Assessed . . 4647 229 Who May Administer Oath 4648 229 Duties of Surveyor, etc 4649 229 Duties of Commissioners on Report of View 4650 230 Report and Payment of Damages Accruing from Open- ing of County Roads 4651 230 Review; Amended Report 4651a 230 Application for and Proceedings on Review 4652 231 Proceedings on Report of Reviewers 4653 231 To Find the Line of a Koad 4654 231 Application to Turn Road 4655 232 Application to Change County Road; Proceedings on Report of Viewers 4656 232 Application for Road on County Line 4657 232 Proceedings on Viewers Report 4658 232 How Width of Road on State Line Determined 4659 233 Application for Vacation ' . . 4661 233 Appointment and Report of Viewers 4662 233 Penalties Against Viewers and Surveyor 4663 233 Fees of Viewers, Markers, etc 4664 233 Repair of Roads Washed Out 4665 234 Application for Damages and Proceedings Thereon 4666 234 Fees Under the Last Two Sections 4667 234 Road Vacated When Unopened for Seven Years 4668 234 Alterations Become Part of Road ; Parts Vacated 4669 234 Commissoners Must Mark Line of Road by Stone Monu- ments 4670 235 Cuyahoga County Additional Road Levy 4670-1 235 Improvement of Such Roads 4670-2 235 Purchase of Road 4670-3 235 Assessment 4670-4 235 Engineer; Bond; Surveys, etc.; Compensation 4670-5 236 Advertisement 4670-6 236 Improvement of Certain Public Roads 4670-7 236 388 INDEX. Section. Page. Petition; Appointment of Viewers; Duties 4670-8 236 Finding for Improvement 4670-9 236 How Improvement to be Made; Appointment of Super- intendent, etc 4670-10 237 Superintendent to Furnish Estimates 4670-11 237 Bonds 4670-12 237 To What Other Roads Provisions of Acit Shall Apply. . 4G70-13 237 Petition for Improvement of Roads; Duties of Commis- sioners Thereafter 4670-14 238 Appointment of Engineer 4670-15 238 Contract to be Let to Lowest Bidder 4670-15 238 Engineer to Make an Estimated Assessment 4670-16 239 Objection to Assessment 4670-16 239 Record of Proceedings to be Kept by Auditor 4670-17 240 "Stone and Gravel Road Building Fund" 4670-18 240 Bonds May be Issued ; 4670-19 240 When Person Signs both Petition and Remonstrance. . 4670-20 241 County Roads (0. L. 1904) 1 241 Joint Action of County Commissioners for Improve- ment of County Line Roads (0. L. 1904) la 241 How Improvement Made (O. L. 1904) 3a 242 Record of Proceedings to be Kept by Auditor (O. L. 1904) 4a 243 Tax Levy (O. L. 1904) 5o 243 Bonds May be Issued (O. L. 1904) 6a 243 When Person Signs both Petition and Remonstrance (0. L. 1904) 7o 243 Joint Action for Improvement of State Line Roads (O. L. 1904) 8a 243 Share of Expense to be Equitable (O. L. 1904) 9 244 Township Roads — Width of Township Roads 4671 Petition for Township Road and Notice 4672 Petition for Township Road; Bond Required 4673 Appointment and Duties of Road Viewers 4674 Claims for Damages 4675 Report of Viewers 4676 Proceedings of Trustees on Report of Viewers of Town- ship Road 4677 Repairs of Township Road and Costs 4678 When the Road is in Two Townships 4679 How Joint Board to Proceed ' 4680 Width of Road may be Changed 4681 Proceedings Therefor 4682 Vacation 4683 Alteration 4684 Proceedings Therefor 4685 Are Public Highways; Washington Township, Pick- away County 4686 Submission of Improvement Question to Electors of Township 4G86-1 Form of Proposition and Ballot 4686-2 Appointment, Duties and Compens 71HV' 3711 4 124 5 125 6 125 7 12G S 127 9 127 127 NURSEKV AM) OlICllAIM) 1 .\,sl'K( TIOX — Skutio.n. \'\t;K State Board of Agriculture Empowered to Make Reg- ulations for Control and Prevention of Dangerous- ly Injurious Insect Pests and Plant Diseases (O. L. 1904) 1 123 Application for Inspection of Nursery Stock and Premises (O. L. 1904) ■< i '>:; Anyone Dealing in Nursery Stock Must File with Board Statement that Said Stock has been Duly Inspected; Penalty for Failure so to Pile; When This Section Shall not Apply (O. L. 1904) I! 124 Use of Certificate When Nursery Stock Shipped Within the State (O. L. 1904) Same When Stock is Shipped Into State. . (O. L. 1904) Examination of Trees, Plants, etc., Upon Petition (O. L. 1904) Destruction of Trees, etc., by Inspectors; Judicial In- vestigation (O. L. 1904) Penalty for Violation of This Act (O. L. 1904) Annual Report to Governor (O. L. 1904) Repeals, etc. (O. L. 1904) PESTS. What Cattle Infected With Disease Shall not be Brought Into State Presumptions in Actions to Recover Damages for Infection Offering Bounty for Killing Ground Hogs How Paid Bounty for the Killing of English Sparrows Proof Required of Persons Applying for Such Bounty How Paid POISON. Depositing" Poison in Thoroughfares 695S 3G9 PUBLIC BUILDINGS. Question of More Expensive Hall Shall be Submitted to Electors Village and Township May Jointly Enlarge, Improve or Erect Public Buildings (O. L. 1904) Application to Mayor and Township Trustees (0. L. 1904) . . Submission of Question of Tax to a Vote (0. L. 1904) RAILROADS— RIGHT OF WAY. Right of Way, Land Covered by, not to be Taxed to Land Owner Posting of Time of Arrival of Trains Penalty ' When Release of Right of Way Papers to be Recorded Must Erect Sign-boards at Road Crossings Must Construct Fences, Crossings, Cattle-guards, etc When Land Owners may Construct Fence at Company's Ex- pense Company to Keep Fence in Repair When Private Crossings Must be Built When Land Owner may Build at Company's Expense When Five Preceding Sections do not Apply When Company may Build Fence at Land Owner's Expense Penalties for not Constructing and Repairing Fences, etc . . Right of Land Owner to Use Culvert, etc., for Cattle-way 4210 97 4211 97 4211-1 98 4211-2 98 4211-3 98 4211-5 98 4211-5 99 1479 25 1 2G 2 2r, o 26 3321 4S 3321-1 4S 3321-2 48 3322 49 3323 49 3324 49 3325 50 3326 50 3327 51 3328 51 3329 51 3330 51 3331 52 3332 r •) J "J: INDEX. RUNNING AT LARGE. What Animals Shall not Run at Large; J'enalties Against Owner Certain Animals, not to Run at Large; Penalty County Commissioners may Grant Permission for Animals to Run at Large; Duties of Road Supervisors as to Ani- mals Running at Large How Penalties Collected, and Disposition Thereof Suit for Penalty not to be Commenced Without Notice Owner of Animal Liable for Damages Animal Running at Large May be Treated as Estray; Pen- alty Fees for Taking up Animals Pounds Pounds in Incorporated Villages Duties of Poundmasters; Release of Impounded Animals.. Fees '. SELLING UNWHOLESOME PROVISIONS. Selling Unwholesome Provisions Feeding Unwholesome Offal or Flesh to Swine, etc SKUNK. When Lawful to Catch or Kill Skunk Penalty STATE HIGHWAY DEPARTMENT. State Highway Commissioner, Appointment, Term, Qualifi- cations; Salary; Bond, etc., (0. L. 1904) Object and Purpose of Department (O. L. 1904) When County Commissioners Authorize to Direct that Pub- lic Road be Improved (0. L. 1904) His Duty Upon Approval of Application (O. L. 1904) .... Certification of Estimate of Cost of Improvement and Copy of Plans and Specifications, etc., to County Commis- sioners (0. L. 1904) Commissioners may then Adopt a Resolution that Such Highway be Constructed (O. L. 1904) , How Right of Way Secured When Proposed Highway Deviates from Existing Road (O. L. 1904) Advertisement for Bids and Letting of Contracts (0. L. 1904) Apportionment of Cost of Improvement Between State, County, Township and Abutting Property Owners (O. L. 1904) State Shall Pay One-fourth and County Three-fourths of Cost (O. L. 1904) Apportionment of Township's Share of Cost Between Whole Township and Abutting Property Owners (O. L. 1904) . When Cost of Construction to be Paid (0. L. 1904) Order in Which Roads Shall be Improved (O. L. 1904) Commissioners may Determine Kind of Materials to be Used in Improving Road (0. L. 1904) Engineer (O. L. 1904) County Line Roads (O. L. 1904) Reconstruction of Turnpike or Improved Road Under Pro- visions of This Act (0. L. 1904) As to Money Appropriated to Carry Out Provisions of This Act (0. L. 1904 ) Counties Which Have Already Constructed Highways En- titled to Their Proportion of Moneys Appropriated for Such Counties Under This Act (O. L. 1904) Creation of Slalo Highway Department; Duties of State Highway ("niiiiiiissioner (0. L. 1904) Section. Page. 4201 4202 94 94 4203 4204 420.') 420C 94 9.-, 9r, 95 4207 4208 4209 4209-1 4209-3 4209-4 95 96 96 9fi 96 97 6928 6928-1 367 367 C963-2 6963-3 369 369 1 2 209 209 5 210 210 6 211 7 211 S 211 9 211 10 212 11 212 12 13 15 212 21 ;; 213 16 17 18 214 214 21-4 19 214 20 214 21 215 1 215 INDEX. 40n College of Agriculture and College of Engineering of Ohio State University to be Employed in Malcing Investiga- tions Concerning Chemical and Physical Character of Good Road Making Material (O. L. 1904) . State Highways (0. L. 1904) County Commissioners to Maintain State Highways (0 L 1904 ) County Commissioners or Township Trustees May Incur In- debtedness or Issue Bonds (O. L. 1904) Levy for Creation of State and County Road Irciprovement Fund (O. L. 1904) When Additional Levy Authorized (0. L. 1904) ............ Officers Having Authority Over Highways to Furnish Infor- mation to State Highway Department (0. L. 1904) Township Trustees Where Road is to be Improved May Bid Upon Work (0. L. 1904) Dirt Road May be Constructed Parallel With improved Road (O. L. 1904) How Funds From Federal Government Apportioned (0. L 1904) STATISTICS. Statistics to be Gathered and Returned by Assessors Return of Agricultural Statistics Skctiox. Pacje. 9 5 216 216 C 216 7 217 S 9 217 217 10 217 11 218 12 218 13 218 .522 52.'^ r.o :;i TIME. Making Part of First Tuesday After First Monday in No- vember a Legal Part Holiday Labor Day Central Standard Time Timepiece in or Upon Public Building to Keep Central Standard Time TOLL, RATES FOR GRINDING GRAIN. Rates of Toll Responsibility of Miller for Safe-keeping of Grain Penalty for Taking Unlawful Toll Taking Illegal Toll at Mill TOWNSHIP AGRICULTURAL SOCIETIES. Incorporation of Township Societies 4446-1 122 4446-2 122 4446-3 122 4446-4 122 4371 115 4372 116 4373 116 7068 370 3709 09 TOWNSHIP LIBRARY, PUBLIC BUILDINGS AND FREE PUBLIC PARKS. Question of Township Library Shall be Submitted to Electors Question of More Expensive Hall Shall be Submitted to Electors Village and Township may Jointly Enlarge, Improve or Erect Public Buildings (O. L. 1904) Application to Mayor and Township Trustees (O. L. 1904) Submission of Question of Tax to a Vote (0. L. 1904) Petition for Establishment of Township Free Public Park; Appointment of Board of Park Commissioners (O. L. 1904) Written Report of Board as to Site and Cost Thereof (0. L. 1904) Submission of Question of Establishment of Park (0. L. 1904) Duty of Board After. Affirmative Vote (O. L. 1904) Powers and Duties of Board (O. L. 1904) May Condemn Ijand or Materials (O. L. 1904) . . .' 1476 2.5 1479 25 1 2 26 2fi 26 1 27 2 27 3 4 5 27 2.S 28 m> INDEX. Skction. Tax Levy to Defray Expenses; Submission of Question of Increased Levy (0. L. 1904) ' Collection of Tax; Bonds May be Issued (0. L. 1904) S Annual Report of Financial Statement (0. L. 1904) 9 Title of Park Property Acquired by De facto Board to Pass to Board Herein Provided (0. L. 1904) 10 Repeals, etc., (0. L. 1904) H VETERINARIANS. Examination of Veterinarians 4412-1 Certificate 4412-2 Veterinarians Employed by State Boards 4412-3 State Board of Examiners 4412-4 Meetings, etc 4412-5 Compensation of Members 4412-6 When Certificate Issued; Eligibility of Unsuccessful Candi- date 4412-7 Time and Pee for Examination 4412-8 Acceptance of Diploma in Lieu of Examination 4412-9 Penalty; Emergency 4412-10 VINEGAR, MANUFACTURE, ETC. Adulterated Vinegar; its Manufacture and Sale Forbidden 4200-50 Fermented and Distilled Vinegars 4200-51 Injurious Ingredients; Branding 4200-52 Penalty; Brands on Casks of Vinegar; Manufacturing Farmer 4200-54 Penalties 4200-55 Paue. 29 29 29 29 30 lie 116 117 117 117 117 117 117 118 118 91 91 92 92 92 WEIGHTS AND MEASURES. Standards, those Furnished by United States Government; Metric System By What Standard Contracts Construed Yard, the Standard Measure of Length and Surface; Sub- divisions of Yard Contents of a Rod, Pole, or Perch; of a Mile; of a Chain. . Contents of an Acre Contents of Perch of Mason Work or Stone Contents of a Cord of Fire-wood or Tanbark Standard Weights Definition of a Pound and its Subdivisions; Ton Gallon the Standard Measure for Liquids Contents of a Barrel Branding Half Bushel the Standard Measure for Substances not Liquids Unlawful to Use Other than Standard Half Bushel in Test- ing Milling Weight, etc Penalty; Disposition of Pines Duty of Prosecuting Attorney; Fee Subdivisions of Half Bushel Heaped Measure How Dry Commodities Measured Legal Measure for Small Fruits; Penalty Standard Weight of Bushel Contents of Bushel for Measuring Stone Coal and Lime Standard of Measurement for Bushel of Charcoal When Coal May be Sold by Weight and When by Measure . . Liability of Person Selling Coal in Violation of Provisions . . 4428 118 4429 118 4430 118 4431 118 4432 119 4433 119 4434 119 4435 119 4436 119 4437 119 4438 119 4438a 119 4439 119 4439-1 120 4439-2 120 4439-3 120 4440 120 4441 120 4442 120 4442-1 120 4443 121 4444 121 4444a 121 4445 121 4446 122