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UC-NRLF

The FARMERS'
HANDBOOK

CONTAINING LAWS OF OHIO
RELATING TO AGRICULTURE

'By the Secretary of Agriculture

Op

THE FARMERS' HANDBOOK

CONTAININCx LAWS OF OHIO

Relating to Agriculture

AND OF USE AND INTEREST TO ALL COUNTRY

RESIDENTS. COMPILED FROM THE

LATEST EDITION OF THE

REVISED STATUTES OF OHIO

BY THE

SECRETARY OF AGRICULTURE.

COLUMBUS, OHIO:

Fred. J,. Heer, State Printer.
1901.

• _«-••♦ • •

• • s •: ••: ••••■■:

DOCUMENTS
OCPT.

THE FARMERS' HANDBOOK OF THE LAWS OF OHIO.

In compiling the laws contained in this pamphlet it has been the endeavor
to include all that have any especial bearing on agriculture and agricultural pur-
suits and such as generally affect a resident of the country. The many requests
received at the Department of Agriculture for laws relating to the different subjects
herein contained have demonstrated the need of such a work and great care has
been taken in its preparation. The laws have been copied from the latest edition
of the Revised Statutes of Ohio, have been carefully compared so as to eliminate
all errors, and will, I trust, be found correct in every particular. A complete
index has been added to enable one to find readily any matter desired. It is hoped
that the book will be found complete, and that it will be of great assistance to

the farmers of Ohio.

WEIAS W. AIii^er, Secretary.
Columbus, Ohio, May 28, 1901.

(2)

LAWS OF OHIO RELATING TO AGRICULTURE '

COMMISSIONERS OF FISH AND GAME.
t

Sec. 405. [Appointment; terms; removals.] The governor, by
and with the advice and consent of the senate, shall appoint five com-
missioners 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 three years, one for four years, and one for five
years, and at the expiration of the term of office of each member of
the commission his successor shall be appointed for five years, who shall
severally hold their office for five years, any one of whom may be removed
by the governor at his pleasure.

Sec. 406. [Bond and oath.] Each of the commissioners shall,
before 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. 407. [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 discharge of
their duties, which expenses shall be paid to them on their own certificates,
severally.

Sec. 408. [Duties.] The commissioners shall examine the vari-
ous rivers, lakes, ponds and streams in the state or bordering thereon, and
ascertain whether they can be rendered more productive of fish and
game, and what measures are required to effect this object, either in
restoring the production of fish and game in and about them, or in pro-
tecting and propagating the fish which at present frequent and abound
in them or otherwise ; and the commissioners shall 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 ; and they shall also
inquire into the matter of artificial propagation of fish in the waters of
the state, and adopt such plans to test the efficiency of this mode of
increasing the quality of edible fish as they think best.

Sec. 409. [Appointment of chief warden; special wardens for
certain lakes ; deputy state wardens and special deputy state wardens ;
term of office.] The commissioners shall, at their annual meeting in
January, or at such time as they deem proper, appoint a chief warden
who shall hold his office for one year, unless sooner removed by the
commissioners. They may also appoint special wardens for Lake Eric-
Buckeye Lake and Indian Lake, and for Mercer County reservoir of
the state. They shall also appoint such number of deputv -wardens as
in their judgment are necessary to properly police the state. They may
also appoint special deputy state wardens, when in their judgment they
deem it necessary, who shall hold their offices for such time as the
commissioners may direct, and who shall possess the same powers and
perform the same duties as deputy state wardens, and they shall receive

(3)

R79539

4 LAWS RELATING TO AGRICULTURE.

such compensation for their services as the commissioners deem proper.
The special wardens and deputy state wardens shall hold their offices
for two years unless sooner removed by the commissioners.
,« ^[Oath/apxibtoiid.] The chief warden, special wardens and dep-

>tate hardens shall, before entering upon the discharge of their
duties,, eapk. give a. bond to the state of Ohio (the chief warden in the
fcUfti t>| iwO ".thousand- dollars, and the special wardens and deputy state
wardens in the sum of two hundred dollars) conditioned for the faithful
discharge of their respective duties, which bonds shall be approved by and
be deposited with the commissioners.

[Salaries and fees.] The commissioners may allow the chief
warden a salary not to exceed twelve hundred dollars per annum,
and, in addition, his expenses (not exceeding six hundred dollars)
incurred in the discharge of his duties. The commissioners may allow
the special lake and reservoir wardens each a salary not to exceed
three hundred dollars per annum. The salary and expenses of the chief
warden, and the salaries of the special lake deputy state wardens, and
reservoir wardens shall be paid out of the fund appropriated 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 sheriffs for similar services in criminal
cases. The commissioners may also direct that any fines collected under
prosecutions begun by any 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, may pay them such further compen-
sation, out of any moneys received from gun licenses, as may be reason-
able.

[Division of state into county police districts.] For the purpose
of effectively enforcing the laws for the protection of birds, fish and
game, the commissioners shall divide the state into county police districts
and assign to each such district at least one deputy state warden, who
shall be a resident of the county, but who shall have power to act in any
part of the state.

Sec. 409a. [Duty and powers of said wardens.] It shall be the
duty of the chief warden, special wardens, deputy state wardens and
special deputy state wardens to enforce, 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 commissioners, visit
all parts of the state and direct and assist the special wardens, deputy
state warden [and special deputy wardens] in the discharge of their
duties. Each warden shall have full power to execute and serve all war-
rants and process of law issued for, in connection with, or growing
out of the enforcement of any law relating to the protection, preser-
vation 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 process, or
in arresting without process any person found by them in the act of vio-
lating any of said laws; and they shall have authority to seize without
process, any birds, fish or ga-ne then found in the possession of any
such person, which is so in possession contrary to law, together with the
guns, nets, seines, traps or other device? with which the same were taken
or killed, and forthwith convc^ such offender before a court or magis-

LAWS RELATING TO AGRICULTURE.

trate 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 give
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 complaint. It shall be
the duty of all sheriffs, deputy sheriffs, constables and other police officers,
to enforce all laws relating to the protection and propagation of birds,
fish and game, and, in their enforcement they shall have the same powers
as are conferred upon the wardens, and they shall be entitled to like fees
for similar services. Prosecutions by the wardens, or other police officers,
for offenses not committed in their presence, shall be instituted only
upon the approval of the prosecuting attorney of the county in which the
offense is committed, 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. 409/;. [Seizure of instruments used for unlawful catching
of birds, fish or game.] Any gun, net, seine, 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 forfeited 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 pro-
vided in section 409c, Revised Statutes. When any such gun, net, seine,
trap or other device is seized and condemned, as provided in the next
succeeding section hereof, the costs 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 jurisdic-
tion of the court before whom such proceeding [is pending], but such
property shall be held by such officer or court to await the final determ-
ination of such proceeding ; and such proceeding shall in no wise affect or
bar a criminal prosecution of the person so using such property in viola-
tion of law. No warden or other police officer shall be liable in
damages to any person for or on account of any arrest, or for or on
account of any search or examination of any package, parcel, box or
other receptacle, or room, building, boat or other place, or for the seizure
of any gun, net, seine, trap or other device, or birds, fish or game, when
such arrest, search, examination or seizure is made in the discharge of
his duties in accordance with the provisions of this act.

Sec. 409^. [Proceedings for condemnation and forfeiture of said
instruments.] When any gun, net, seine, trap or other device is
seized as provided in section 409& hereof, 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/ pro-
ceedings for its condemnation and forfeiture. Such proceedings shall

6 LAWS RELATING TO AGRICULTURE.

be instituted by the tiling 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, cr 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 thereupon 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 per-
son 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 count}', at least three days before the hearing of the
complaint. If such owner or user be unkown, or if he be a non-resident
of the county, or cannot be found therein, a copy of the summons shall
be posted up at a suitable place nearest the place of seizure, and copy
mailed him (if hie 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 hearing, proceedings shall be had as provided in
section 409^ of this act. If the court or jury shall find, by a prepond-
erance 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 for-
feited, 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 prose-
cuted 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. A:ogd. [Final jurisdiction.] Any justice of the peace,
mayor, or police judge, within his county, shall have final jurisdiction of
all criminal prosecutions brought under this act ; and shall have jurisdic-
tion of any and all proceedings to condemn and forfeit property, used
in violation of any law relating' to the protection, preservation or propa-
gation of birds, fish, or game.

[Jury trial, etc.] If such prosecution, or condemnation pro-
ceedings be before a justice of the peace, and a trial by jury be demanded
the said justice shall issue his venire to any warden or constable of the
county, containing the names of sixteen electors of the county to
serve as jurors to try such cause or condemn such property, and make
due return thereof. Each party shall be entitled to two peremptorv dial-

LAWS RELATING TO AGRICULTURE. 7

lenges, and shall be subject to the same challenges as jurors are subject
to in criminal cases in the court of common pleas. If the venire of six-
teen names be exhausted without obtaining the required number to fill
the panel the justice may direct the constable, or the warden to summon
any of the bystanders to act as jurors, or direct him to bring in other
persons to act as jurors; and in criminal prosecutions like proceedings
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. If the pro-
secution, or proceedings be before a mayor, or police judge, and a trial
by jury be demanded, the jury shall be chosen in the manner now pro-
vided for the impanelling of juries in other criminal cases. In all pro-
secutions and condemnation proceedings under the provisions of this act,
no cost shall be required to be advanced, secured or paid by, or bond
or undertaking required of, any person authorized under the law to prose-
cute such cases ; and if the defendant be acquitted, or if convicted and
committed in default of payment of fine and 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.

Sec 4ogr. [Prima facie evidence of guilt.] The finding of any
gun, net, seine, trap, or other device set, maintained, or in use, in violation
of any law relating to the protection 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 person.

[Meaning of certain words. J Wherever the word "person" is
used in any law relating to the protection 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," "special deputy state warden," or any
other police officer charged with the duty of enforcing such laws. In
every case of conviction, the cost of prosecution, and of condemnation
shall, in addition to the fine imposed, of forfeiture declared, be adjudged
against the person convicted, or the owner or user of the property con-
demned. The word "costs" shall be held to include the fees of jurors,
which shall be one dollar per day for each juror. Whenever, upon con-
viction, the person convicted fails to pay the fine and costs imposed upon
him, he 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 released there-
from by any board or officer, except upon payment of the portion of the
fines and costs remaining unserved, or upon the order of the commissio-
ners of fish and game.

[Disposition of fines, etc.] 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 chief warden, and by him paid into the state treasury
to the credit of a fund which is hereby appropriated for the use of the
commissioners.

LAWS RELATING TO AGRICULTURE.

AGRICULTURAL EXPERIMENT STATION.

(409-1) [Agricultural experiment station.] For the benefit of
the interests of practical and scientific agriculture, and for the develop-
ment of the vast agricultural resources of the state, an Ohio agricul-
tural experiment station is established as hereinafter provided.

(409-2) [Agricultural experiment station appointed; board of
control; governor ex-omcio member of the board.] The location,
control and general management of the experiment station shall be sub-
mitted to a board of control, which shall consist of five members, three
of whom shall be appointed by the governor, and their term of office
shall be three years and until their successors are duly appointed and
qualified, except that those first appointed under this amended law shall
hold their office as follows : One for one year, one for two years, and
one for three years from date of appointment. The governor of the
state and the person appointed as hereinafter provided to be director of
the station, shall be ex-ofncio members of the board of control, and to-
gether with the three members appointed by the governor shall consti-
tute the full board of control.

(409-3) [When board to be called together, and how to be or-
ganized.] The board of control shall be called together by the gov-
ernor at as early a date as practicable, and shall organize by the elecT
tion of a president, secretary and treasurer, who shall hold their of-
fices until their successors are elected. Three members shall constitute
a quorum.

(409-4) [Annual meeting of the board.] . The board of control
shall hold an annual meeting at the date of the annual meeting of the
state board of agriculture in January, and other meetings at the call of
the president, at such times and places as shall best promote the objects
of the station.

(409-5) [Board of control required to locate station, appoint
director, and make rules for government; board of control to make
annual report to governor.] The board of control shall locate said
station, and shall appoint a competent director, who shall have the gen-
eral management and oversight of the experiments and investigations
necessary to carry out the objects of the station. The said board shall
also make such rules, by-laws and regulations for the government of
the station and its work, and for carrying out the business and purposes
of the station, as shall be necessary and proper in their judgment. It shall
also make an annual report of its experiments and work to the gov-
ernor 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 distribution, and the pamphlet copies to be printed and paid for
the same as other public printing.

(409-6) [Salary of the director and expenses of members of
board of control.] The director's salary shall be fixed by the board
of control in proportion to the amount of service required and per-
formed, and shall be paid out of the funds appropriated by congress, in
such installments as may be determined by them. The members of the
board of control shall be paid their actual expenses while on duty, but
aio compensation shall be allowed them for time or services.

LAWS RELATING TO AGRICULTURE.

FOOD AND DAIRY COMMISSIONER.

(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 enforcement 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.

(409-8) [General duties of himself and his assistants.] It
shall be the duty of said commissioner or assistant commissioner, to
inspect any articles of butter, cheese, lard, syrup, or other article of
food or drinks, made or offered for sale in the state of Ohic . as an
article of food or drink, and to prosecute or cause to be prosecuted,
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.

(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 render 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.

(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-
lars per year, and necessary traveling expenses incurred in the discharge
of their official duties, to be paid in like manner with the commissioner's
and on itemized vouchers approved by said commissioner ; the said com-
missioner shall have power to employ such experts, chemists, agents,
inspectors and counsel as may by him be deemed necessary for the
proper enforcement of the laws, their compensation 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 warrant 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 filled 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

10 L.UVS RELATING TO AGRICULTURE.

collected under prosecutions begun, or caused to be begun, by the
commissioner, and all fines, fees and costs heretofore assessed and col-
lected under prosecution begun or caused to be begun by the commis-
sioners, 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 sta-
tionery and supplies from the secretary of state as are other state of-
ficers. The commissioner shall make an annual report to the governor
on or before the fifteenth day of November of each year, containing
itemized statements of all receipts and disbursements, attorney fees in
each specified suit brought 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.

(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 gov-
ernor, conditioned that he will truly account for and apply all moneys
or other property which may come into his hr::ds 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.

(409-14) [Commissioner's clerk.] The dairy and food commis-
sioner 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 commissioner.

FORESTRY BUREAU.

(409-15) [State forestry bureau ; appointment and terms of mem-
bers.] There be and hereby is established at the state university, at
Columbus, Ohio, a central office for the promotion of forestry, to be
entitled the state forestry bureau, which shall consist of three members,
to be appointed by the governor, as a board of directors. The mem-
bers of the board of directors shall be commissioned by the governor,
and be duly qualified as like officers of the state ; one of three directors
shall serve for six years, the second for four years and the third for
two years, and on the expiration of terms of service, appointments shall
be made for the term of six years.

(409-16) [Duties of the bureau; forestry station; appointment
of secretary; expenses of bureau; compensation.] It shall be the
duty of said state forestry bureau to thoroughly inquire into the char-
acter and extent of the forests of the state; to investigate the causes
which are in operation to produce their waste or decay ; to suggest 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

LAWS RELATING TO AGRICULTURE. 11.

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 services as shall be agreed upon
by the board; provided, that all expenses incurred under this act shall
not exceed the amount hereinafter provided. Said directors shall serve
without compensation, but shall be allowed their necessary expenses in-
curred in discharge of the duties of their office.

(409-17) [Their annual report.] This bureau shall annualh
make a report to the governor, which shall contain the results of the
investigation, together with 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.

(409-18) [Appropriation for their expenses.] There is hereby
appropriated for the ensuing year, for the maintenance of said bureau,,
the sum of one thousand dollars, or so much thereof as may be neces-
sary, for the purpose of meeting the actual expenses of carrying out"
the provisions of this act.

(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.

(409-35) [Sec. 2. [Crop and stock service.] There shall be
and is hereby established in the state of Ohio, to be under the super-
vision of the secretary of agriculture, a crop and stock service, for the
purpose of collecting crop and stock statistics, and disseminating them
over the state ; said secretary of agriculture shall appoint volunteer crop
correspondents, receive reports from them, tabulate the same for per-
manent 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 department
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
over 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 keen in repair all bridges in such
cities and villages. Provided, that in all cases, -except counties con-
taining 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.

12 LAWS RELATING TO AGRICULTURE.

Sec. 86i. [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
wrater 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 which
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-
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 causing
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 to do so 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 thereof,
or such as are necessary to remove the obstruction or repair the injury ;
and the money so recovered shall, when so collected by the proper officer,
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 for expenditures in that behalf; the court may, in case of a re-
covery, make such order as is deemed necessary to repair the injury or
remove the obstruction complained cf ; and the statute of limitations
shall not run in favor of any person or corporation committing any acts,
injuries or obstructions concerning any such road or public highway.

Sec. 864. [A bridge to replace one destroyed may be located
elsewhere.] Tn rebuilding a bridge destroyed or injured by flood or
fire, the commissioners may select a new site for the bridge; but before

LAWS RELATING TO AGRICULTURE. 1&

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 pe-
tition, 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 audi-
tor of such county a petition, signed by one or more tax-payers of the
county, setting forth the benefits to be derived from straightening or
cleaning out said creek or water-course, the starting point and ter-
minus, 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-
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 bene-
ficial for the protection of any bridge, state, or county road, or other-
road in control of the commissioners, and if so an estimate 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, if 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 manner, 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 air
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 tl e bridge fund
of the county, when the work is accepted and approved by the com-
missioners, and they direct the payment.

STATISTICS.

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, verified,
by oath, for the preceding year:

34 LAWS RELATING TO AGRICULTURE.

AGRICULTURE.

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 num-
ber of bushels of seed obtained therefrom, and the number of acres of
•clover plowed under for manure; the number of acres planted in to-
bacco, 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 manu-
factured ; the number of pounds of maple 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 po-
tatoes, and the number of bushels produced ; 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,
and pears produced; the number of acres used for pasturage, and the
number of acres not cultivated or pastured ; the number of hives of bees,
rand 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 county
-auditor, at the same time he returns the lists of personal property for tax-
ation ; 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 "agriculture" (Sec.
1522, R. S.), which he shall return to the secretary of the state board of
agriculture, on or *be fore the tenth day of July, annually, and said secre-
tary 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.

( 2664-4) Sec. 4. [Labor upon highways within road district;
■who liable; exemptions.] All male persons between the age of twen-
ty-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 TJnited States army during the actual war, pensioners of the
United States .government, acting and contributing members of com-
panies, troops mid 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, under 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

LAWS RELATING TO AGRICULTURE. 15

-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.

(2664-5) Sec. 5 [Commutation.] But if a person, being
warned as hereinafter provided, pay to the supervisor in whose district
lie resides the sum of three dollars ($3.00) within three days after be-
ing notified by the supervisor, the same shall be received in lieirof t be
two days' labor, and shall be applied by the supervisor to the improve-
ment of the roads in his district, and accounted for as herein provided.

(2664-6) Sec. 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
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 applied
"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.

(2664-7) Sec. 7. [Non-exemption against execution; costs i
certain case.] The defendant shall not be entitled to any exempt'or
under any of the laws of this state against execution issued on anv
judgment 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.

(2664-8) Sec 8. [Non-release by neglect to order out; direc-
tions 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.

(2664-9) Sec 9. [Production or non-production of certificate
in case of removal.] If a person remove [d] from one district to an-
other 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 anv 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

16 LAWS RELATING TO AGRICULTURE.

days' labor, or such part thereof as he has not performed under the
direction of the supervisor.

(2664-10) Sec. 10. [Appearance with required implements,.
etc.] Any person called upon to perform labor upon the public roads
and highways under any provision of this chapter shall by himself or
substitute, appear at the place appointed by the supervisor at the hour
of seven o'clock in the forenoon with such necessary tools and imple-
ments as the supervisor may direct; and the supervisor may, if neces-
sary 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 the roads under the direction of
the supervisor.

(2664-11) Sec. 11. [Residence.] For the purpose provided
for in the preceding sections; the residence 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.

(2664-12) Sec. 12. [Collection of fines, etc.] Supervisors with-
in their respective districts, shall collect, by suit or otherwise, all fines,
forfeitures, 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 trus-
tees, to prosecute a [to] final judgment all persons neglecting or re-
fusing to comply with the provisions of this chapter, from whom such
fine, forfeiture, or penalty, in the opinion of the supervisor, can be col-
lected 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 supervisor in
any suit brought under this chapter, when the same is not collected from
the defendant, shall be paid by the trustees of the township out of the
township fund.

(2664-13) Sec. 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.] Su-
pervisors shall expend all money by them collected, and all other sums
that come under his supervision as supervisor shall be applied 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 other-
wise 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 dis-
tricts who have been ordered out to perform the two days' labor as re-
quired herein, and those who have refused or neglected to perform the
same; and all fines and forfeitures sued for and recovered under the
provisions of this chapter, shall be paid by the justice of the peace or
constable collecting the same on demand, to the supervisor of the road
district wherein the fine or forfeiture accrued, and the supervisors shall
aiso 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 tli- justice before whom such judgments were obtained with the
amount :iierenf ; and the trustees shall make such order as to the prose-
cution of suits by the supervisors of the proper districts, against such

LAWS RELATING TO AGRICULTURE. 17

;linquents, as in the judgment of the trustees the interest of the town-
ship may require.

(2664-14) Sec. 14. [Transfer of money; receipt; executions on
unpaid judgments; expenditure of proceeds.] All money that may
remain in the hands of the supervisor at the time of the annual settle-
ment with the township trustees shall be paid to his successor _Ln .office
as soon as such successor is elected and qualified, and a receipt taken
therefor, and he shall deposit the receipt with the township clerk; and
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 anuually amount to be
levied, and amount for each purpose.] The county commissioners
shall, at their March or June session, annually, determine 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 (t5q) 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. 2822-2. I Improvement of 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 combination of any
or all of these materials, graveling, planking or macadamizing the same,
and shall use the funds realized from such levy for that purpose ;

[Petition of abutting landowners necessary.] Provided, how-
ever, 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,

[Cost] And the county commissioners shall assess one-fourth
of the cost and expense thereof on said abutting land, and provided,
however, that not to exceed ten percentum of the said levy may be used
for making sidewalks or bicycle paths.

[Sec] 2822-3. [Surveys, profiles, estimates and specifications.] j
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
their office, and the county surveyor shall receive as compensation for
his services, the same compensation as is provided in section 4664.

2 F. H. B.

18 LAWS RELATING TO AGRICULTURE.

[Sec] 2822-4. [Bids; letting of contract.] Upon the approval
of said surveys, profiles, estimates and specifications, the commissioners
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 per-
formance of their contract within the time and in the manner prescribed
therein, as the county commissioners shall require. But when the esti-
mated cost of any improvement does not exceed five hundred ($500)
dollars, the same may be let without publication in a newspaper as herein
requited.

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 not exceed one
hundred and twenty millions dollars, five-tenths of a mill ; where the
amount exceeds 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 one-tenth ; where
the amount exceeds ten millions and does not exceed twenty millions
of dollars, one mill and five-tenths ; where the amount exceeds five mil-
lions and does not exceed ten millions of dollars, three mills ; and where
Ihe amount is less than five millions of dollars, five mills and five-tenths ;
and of the tax so levied, the commissioners 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 duplicate in a separate column, and shall be
•collected in money, and expended, except as may be otherwise pro-
vided by law, under the directions 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 town-
ships outside of the corporate limits of said city, and for no other pur-
pose 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 city of the
first grade of the first class shall demand it, shall be paid into the city
treasury of said city and shall be expended by the board of adminis-
tration of said city, for the purpose of building and repairing 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
iravel by decay or otherwise, and the restoration thereof is deemed

LAWS RELATING TO AGRICULTURE. 19

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
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 aggregate
of taxation now or hereafter authorized by law, to be expended for build-
ing 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 relating to the city
of Warren in said Trumbull county shall expire by limitation after twelve

20 LAW'S RELATING TO AGRICULTURE.

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 authorized by law 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 necessary 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 townships 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 township, which does not
exceed two hundred thousand dollars, and eight-tenths of one mill on
each dollar of such taxable valuation exceeding two hundred thousand
dollars, and not exceeding three hundred thousand dollars ; and one-
half of one mill on each dollar of such 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 valua-
tion exceeding five hundred thousand dollars, and not exceeding eight
hundred thousand dollars; and one-fourth of ore mill on each dollar
of such taxable valuation exceeding 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 countv infirma-
ries, 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.

(2827-1) [Authorizing trustees of certain townships to levy a
road tax. I 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 davs' labor, to
determine a percentnm, to be levied for road purposes, upon each dollar
of valuation of the taxable property of their respective townships, ex-
clusive of any incorporated village, as follows : Tn townships having a
valuation of taxable property of one million dollars and over, not ex-
r -edin?- two mills on each dollar; in townships having a valuation of
less than one million, and more than five hundred thousand dollars,
an v rate not exceeding three mills on each dollar; and in townships
having less than five hundred thousand dollars valuation, anv rate not

LAWS RELATING TO AGRICULTURE. 21

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 May
of each year; and the county auditor shall assess the same on all the
taxable property in said township, exclusive of any incorporated village,
and the same shall be collected, one-half in the December installment,
and one-half in the June installment, 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 collected ; 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 certi-
fied to by the road supervisor, and such receipt shall be received by the
countv treasurer in part payment of the December tax.

Six . 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.

Six. 2830. [Labor on public highways; county treasurer shall
receive certificates as money for road tax; money or labor; when
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
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 supervisor
of the proper district, who shall give to such person a certificate speci-
fying 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 person; and
the county treasurer shall receive all such certificates as money in the dis-
charge of said road tax ; provided, that when the commissioners of any
county so direct the supervisor shall write on the margin of his lists, oppo-
site 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 town-
ship 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 cor-
poration 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

22 LAWS RELATING TO AGRICULTURE.

be expended by the trustees of the township or council of the municipal
corporation from which the same 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 township,
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 pay-
able, 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 will be sufficient to balance
the discount on the railroad stock held by such county, city, or township,
by the time such bonds may become 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 productive 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.] In the tax list duplicate there shall
be columns 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 personal 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 as provided
by law; provided, that in cities of the second grade of the first class, the
per capita tax provided for by this section shall be collected by the city
clerk, and the city council of such cities shall provide by ordinance for
enforcing the payment of the taxes on all dogs in such cities and disposing
of the money derived therefrom.

Sec. 2834. [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 pro-
ceeds 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 purpose for which the fund was created, or the money
appropriated, or the tax levied, before such annual tax lew is made, such
surplus may be considered as unappropriated and may be reappropriated,
and transferred, by an order as aforesaid, to some other existing fund

LAWS RELATING TO AGRICULTURE. 23

for which a tax is to be or would otherwise be levied, and the surrr
which it would be necessary to raise by taxation for any purpose, if no
such 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 determ-
ine 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 dis-
trict, except in cities of the first class, and the commissioners of an>r
county, for the purpose of extending the time of payment of any indebt-
edness which, from its limits of taxation, such township, school district,,
board of education or commissioners, for the best interest of said town-
ship, school district or county, shall have power to issue bonds of such
township, school district or county, or borrow money, so as to change
but not to increase the indebtedness, for such length of time, in such
amounts, and at such a rate of interest as the said trustees, board of educa-
tion or commissioners may deem proper, not to exceed six per cent, per
annum, payable annually or semi-annually ;

[Resolution as to such debt.] Provided, however, that no indebt-
ness of any township, school district or county shall be funded, refunded
or extended unless such indebtedness shall first be determined to be an
existing, valid and binding obligation of any such township, school
district or county by a formal resolution of the trustees, board of educa-
tion o.r commissioners of any such township, school 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 denomination, the date of their
maturity, the rate of interest they shall bear, and the place of payment
of principal and interest.

[Levy to meet payment of bonds.] And for the payment of the
bonds issued under this section, the township trustees, the board of edu-
cation or commissioners shall levy a tax in addition to the amount other-
wise authorized, every year during the period the bonds have to run,
sufficient in amount each year to pay the bonds falling due within the year
and the accruing interest.

Sec. r.834^. [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
of any county, the trustees of any township and the board of education
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 audi-
tor or the clerk thereof shall first certify that the money required 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 collection and not appropriated

24 LAWS RELATING TO AGRICULTURE.

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 dis-
charged 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 pro-
visions of this section, shall be void. Provided, that none of the provi-
sions 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 town-
ship an}- 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, trans-
ferred to any other fund, including school fund, by an order of the pro-
per authorities entered on their minutes.

Sec. 2835. [Townships and municipalities may issue and sell
their bonds for purposes that are specified; interest and sale.] The
trustees of any township or hamlet or the council of any municipal cor-
poration may issue and sell their bonds, in amount and denominations
such as they may deem necessary for the special purpose in view, when-
ever it is desired by the voters of such township or municipal corporation
to make any of the following improvements or to provide for any of the
following public purposes :

1. For procuring the real estate and right of way for any improve-
ment authorized by this section.

2. For extending, enlarging, improving, repairing or securing a
more complete enjoyment of any building or improvement authorized by
this section, and for equipping, furnishing, maintaining, administering and
operating the same.

3. For sanitary and street cleaning purposes, and for erecting a
crematory or providing other means for disposing of garbage and refuse
matter. -

4. For improving highways leading into the township or corpora-
tion, 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 constructing levees and embankments, and for improving any
watercourse passing through the township or corporation.

/. For constructing bridges and culverts.

8. For erecting infirmaries and providing for the support of the de-
pendent poor.

9. For erecting workhouses, prisons and police stations.

10. For erecting houses of refuge and correction.

11. For erecting market-houses and providing market-places.

12. For erecting hospitals and pest-house<.

13. For erecting halls and public offices.

14. For maintaining a fire-department, erecting buildings therefor,
purchasing fire-engines, fire-boats and apparatus, and constructing reser-
voirs.

LAWS RELATING TO AGRICULTURE. 25

15. For erecting or purchasing water-works and supplying water to
the township or corporation and the inhabitants thereof.

16. For erecting or purchasing gas-works and electric light works,
and for supplying light to the township or corporation and the inhabitants
thereof.

17. For providing grounds for cemeteries and for park purposes,
for inclosing and embellishing the same, and for erecting vaults.

18. For constructing sewers, drains and ditches.

19. For maintaining a free public library and reading-room.

20. For constructing, erecting or providing any public work, build-
ing or improvements not hereinbefore mentioned, and for which a tax-
may constitutionally be levied.

Nothing herein contained shall be construed as limiting or restricting
any power to issue bonds for any of the purposes named in this section
otherwise conferred by law ; but no bonds issued for any of the above
named purposes and in accordance with the provisions of this section, shall
Dear a higher rate of interest than six per centum per annum, payable
semi-annually, or be sold for less than their par value.

Sec. 2836. [Tax shall be levied to pay bonds and interest.] For
the payment of bonds issued under the preceding section, the township
trustees or municipal council shall levy a tax in addition to the amount
otherwise authorized, every year during the period the bonds have to run,
sufficient in amount each year to pay the bonds falling due within that
year, and the accruing interest.

[Surplus water- works fund in Columbus applied on interest on
storage dam bonds, and for creation of sinking fund.] Provided,
however, that in cities of the first grade of the second class any surplus
of the water-works fund of such cities after paying the expense of con-
ducting, managing, repairing and extending the water-works of such
cities, shall first be applied to the payment of the interest accruing on
any bonds issued or which may hereafter be issued for the construction of
dams for storing water for the purpose of supplying water to any such
cities and the inhabitants thereof, and for the creation of a sinking fund
for the payment of the principal of such bonds, before applying the pro-
ceeds of any tax levy made in pursuance of this provision, and that the
councils of any such cities be authorized to levy a tax for the exclusive
purpose of paying the excess of such bonds and interest, and creating
such sinking fund after the application of such surplus as herein provided.

Sec. 2837. [Question to be submitted to the voters.] Before
any bonds are issued or tax levied, as provided in the next two preceding
sections, the question of issuing the bonds shall be submitted to the voters
of the township or municipal corporation at a general or special election.
And whenever the trustees of any township or hamlet or the council of
any municipal corporation shall by resolution declare it necessary to
issue and sell the bonds of such township, hamlet or municipal corpora-
tion, as the case may be, for any or either of the purposes mentioned in
section 2835 of the Revised Statutes in any amount specified in such
resolution and shall by such resolution fix a date upon which the ques-
tion of issuing and selling such bonds shall be submitted to the electors
of such township, hamlet or municipality, and shall cause a copy of such
resolution to.be certified to the deputy state supervisors of the county in
which such township, hamlet or municipal corporation is situated, or

26 LAWS RELATING TO AGRICULTURE.

board of election in such cities as have such boards, [and] such deputy
state supervisors, or such boards of election, shall within ten days there-
after proceed to prepare the ballots and make all other necessary ar-
rangements for the submission of such question to the electors of any
such township, hamlet or municipal corporation at the time fixed in said
resolution. Such election shall be held at the regular place or places of vot-
ing in such township, hamlet or municipality and shall be conducted, can-
vassed and certified in the same manner except as otherwise provided by
law as April elections in such township, hamlet or municipal corporation for
the election of officers thereof ; provided, however, that when a special
election for such purposes is held in a municipal corporation divided into
wards there shall be but one voting place in each ward which shall be
designated by the deputy state supervisors of election or in cities having
a board of elections by such board, and the notice hereinafter provided
for shall designate the voting place in each ward. In all cities in which
registration is required certificates of removal shall not be necessary
except when transfers are required from one ward to another, and the
board of elections of all such cities shall issue all such removal certificates.
Fifteen days' notice of the submission shall be given in one or more news-
papers printed therein 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 place of holding the election ; and if no newspaper
is printed therein the notice shall be posted in a conspicuous place and pub-
lished once a week for two consecutive weeks in some newspaper of general
circulation in the township 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 shall be issued and
the tax 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
the words, "Against the issue of bonds."

SERVICE OF STALLION OR JACK.

(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.] 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 re-
plevin 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 sur-
plus realized by said sale. And the owner of any such stallion or jack,

LAWS RELATING TO AGRICULTURE. 27

when payment is made to him, or his agent, for any such get, shajl deliver
to the payee a receipt in full for the amount so paid, and stating 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 punished as provided
by law against the use of false pedigree.

AN ACT TO FIX RESPONSIBILITY AND TO PROTECT LABOR AND THE RIGHTS
OF CONTRACTORS AND SUB-CONTRACTORS ON ALL PUBLIC WORKS OR
WORK DONE FOR COMPANIES, CORPORATIONS, CONTRACTING COM-
PANIES, OR INDIVIDUALS.

(323 i-i) Sec. 1. [Lien upon railroad, for labor or material

furnished.] Any person who shall have performed common or me-
chanical labor upon, or furnished supplies to any railroad, turnpike, 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 plac-
ing ties, or track-laying, whether the labor is performed for, or the sup-
plies or material is furnished to any company, corporation, contractor or
sub-contractor, construction company or an individual, shall have a first,
immediate, and absolute lien on the whole of the property on which said
work is done, and to which said supplies have been contributed, and shall
hold the railroad, canal, turnpike, plank road or structure to the creation
or construction of which the said labor or supplies 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 railroad, 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.

(3231-2) Sec. 2. [How lien obtained.] When it shall be
deemed necessary for any construction company, contractor, sub-contrac-
tor, mechanic, laborer, or person contributing supplies or material to se-
cure 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 several 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.

(323I_3) Sec. 3. [Bond; when injunction may issue.] Any
construction company, contractor, mechanic, laborer, or person contribut-
ing supplies or material to any work named in section one (1) of this
act, shall at the time of filing the sworn statement of account as provided
in section ttvo (2) of this act, file a good and sufficient bond of indemnity

28 LAWS RELATING TO AGRICULTURE.

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 en-
titled to a decree of the common pleas court, enjoining and prohibiting
the operation, use or occupancy of the property created in whole or in
part by the party or parties asking for said injunction; and the said in-
junction shall not be dissolved until the court is satisfied that the claim
has been adjusted and paid in full.

(3231-4) Sec. 4. [Engineer to make measurements, cstinat^s,

etc. I 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 commenced, make an accurate measurement of the same, and shall
prepare a profile of each section of one mile or less of said work, showing
•quantities 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 meas-
urements are made, and shall drive stakes at top of slope, at foot of em-
bankments, at sides and center of grade and around every burrow pit for
each one hundred feet, showing in plain figures by feet and tenths of a
foot the depths of cut or height of fill or embankment, together with a
•correct showing of the quantity of overhaul beyond a given number of
feet, jn cubic yards, for each section ot a mile or less ; and it shall be the
-duty of such chief or assistant engineer to furnish, 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.

(323I~5) Sec. 5. [Penalty.] Any civil engineer or assistant
engineer, whose duty it is to ascertain quantities from actual measure-
ment, and on which final estimates are to be made, who shall knowingly
give other than the true quantities, with intent to defraud the construc-
tion company, contractor, sub-contractor, laborer or person furnishing
supplies 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 estimate,
or be confined in the penitentiary for not less than one or more than
five vears.

OHIO STATE BOARD OF AGRICULTURE.

(3691-25.) [Incorporation.] That Michael L. Sullivant.
be and they are hereby created a body corporate, with perpetual
succession, in the manner hereafter described,' under the name and stvle
of the "Ohio State Board of Agriculture."

(3691-26) Sec. t. [Number of the board; quorum.] The Ohio
state board of agriculture shall consist of ten members, five of whom shall
constitute a quorum.

(3691-27) Sec. 2. [Names of members.] That Allen Trim-
ble, M. L. Sullivant. Samuel Medarv, Darius Lapham, A. E. Strickle
Arthur Watts, M. 15. Bateham. John Codding, fared P. Kirtland, and
Isaac Moore, be continued members of the board': their term of service

LAWS RELATING TO AGRICULTURE. 29'

and the mode of appointing their successors to remain unaltered by-
Liu's 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, to-
gether with the president of each county agricultural society, an duly
authorized delegate therefrom, who shall, for the time being, be ex-ofncio>
members of the state board of agriculture, for the purpose of deliberation
and consultation as to the wants, prospects and condition of agriculture
throughout the state : and at such meeting, the several reports from the
countt societies shall be delivered to the president of the state board of
agriculture.

[Election of members; term.] And, at the annual meeting to
be held in 1898, there shall be elected five members of the state board of
agriculture, two members for a term of two years, two members for a.
term of three years, and one member for a term of four years ; and, at.
the annual meeting to be held in 1899, there shall be elected five members,
one member for a term of three years, two members for a term of four
years, and two members for a term of five years ; and annually thereafter
there shall be elected two members whose term shall be five years, and.
until their successors are elected.

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 productive in-
dustries of the state ; shall make an annual report to the general assembly,
embracing its proceedings for the past year, and an abstract of the pro-
ceedings 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 interesting 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 pur-
chased 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 vof any such real estate shall be disposed 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 agricultural fund, and shall,
in its annual report, make a complete showing of its financial transac-
tions ; 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 escheated
property is legally reclaimed by any heir, it shall be held subject to the
payment, to the purchaser of the state, of so much of the original purchase-
monev as it received, and legal interest to the time of such reclamation..

30 LAWS RELATING TO AGRICULTURE.

Sec. 3696. [Secretary of state authorized to furnish stationery
to board of agriculture.] The secretary of state is authorized to furn-
ish the board with such stationery as may be requisite to the proper dis-
charge of its duties, together with such blank books as may be necessary
to keep the records of the transactions of the board.

COUNTY AGRICULTURAL SOCIETIES.

Sec. 3697. [Organization of district or county agricultural soci-
eties.] When thirty or more persons, residents of any county, or dis-
trict embracing two or more counties, organize themselves into a society
for the improvement of agriculture within such county or district, and
adopt constitutions and by-laws, agreeable to the rules and regulations
to be furnished by the state board of agriculture, and appoint the usual
and proper officers, and the society pays to its treasurer, by voluntary
subscription, or by fees imposed upon its members, any sum of money in
each year not less than fifty dollars, and the president of the society cer-
tifies to the respective county auditors the amount thus paid, attested by
the oath of the treasurer before a magistrate, the county auditors em-
braced within the district in which such society is organized, shall draw
an order on the treasurer of the respective counties in favor of the presi-
dent and treasurer of the society, for a sum equal to the amount thus raised,
not exceeding two cents to each inhabitant of the county upon the basis
of the last previous national census, but not exceeding in any county the
sum of eight hundred dollars ; and the treasurer of said [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 interests
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 in any sum
not to exceed the amount which said commissioners are now authorized
to allow by this section and section 3702a.

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 premiums 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 perforin
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 raising 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 improve-
ment; and all persons offering to compete for premiums on improved
modes of tillage, or the production of any crops or other articles, shall
he required, before such premium is adjudged to deliver to the awarding
•committee a full and correct statement of the process of such mode of

LAWS RELATING TO AGRICULTURE. 31

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 there-
from. Provided, that during any year, when the state board of agricul-
ture shall hold its fair upon the grounds of any county or district agri-
cultural society, such society shall be excused if its board of directors
so decides from complying with the provisions of this section, ancLsiiall
incur no forfeiture of its rights as such agricultural society, by reason
of not holding such fair.

Sec. 3699. [Must publish a list of awards, etc.] County and
district 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 improvements, and
also make a report of the condition of agriculture in their county or dis-
trict, which report shall be made in accordance with the rules and regu-
lations 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 sub-
sequent payment shall be made from the county treasury unless a certifi-
cate 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 where-
on to hold their fairs.

Sec. 3701. [Conveyance 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 provis-
ions of this section.

(3702-1) Sec. 1. [Submission of question if issuing bonds to
liquidate debt of county agricultural society.] In all counties in
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 presentation of a peti-
tion signed by not less than five hundred resident electors of the county
praying for the submission to the electors of the county of the question

32 LAWS RELATING TO AGRICULTURE.

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 res-
olution, 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 copy of such resolution
to be certified to the deputy state supervisors of elections of the county,
and such deputy state supervisors of elections shall, within ten days
thereafter, proceed to prepare the ballots and make all other necessary
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 con-
ducted, canvassed 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 published
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 place 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."

(3702-2) Sec. 2. [Bonds.] In the event that a majority of
the voters of such county 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 there-
upon levy a tax upon all the taxable property upon 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 necessarv for the
purpose.

(3702-3) Sec. 3. [Proceeds used in liquidation of debt.] The
county commissioners, upon the sale of such bonds, shall, from the pro-
ceeds arising from such sale, pay off and liquidate the indebtedness for
which they were so sold.

(3702-4) Sec. 1. [Money raised for county agriculturtl soci-
eties 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 agricultural
society, shall be used for such purpose only, notwithstanding the law
under which money was raised by taxation may have expired bv limita-
tion ; such moneys shall be used" for the purposes intended by the act
under which such moneys were levied and collected bv taxation."

LAWS RELATING TO AGRICULTURE. 66

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 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 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. 37026. [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,
but 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 com-
pany, the county commissioners are authorized for the purpose of encour-
aging agricultural fairs, to annually levy a tax 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 agricultural society except in case of such lease by such society
when such sum shall be paid to the treasurer of such lessee society,
association or incorporated company upon an order from the county
auditor duly issued therefor;

[Payment in anticipation of levy.] And the county commission-
ers 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 county treasury any sum not
exceeding one thousand dollars, as herein provided, out of any money
in the general fund not otherwise appropriated.

Sec. 3703. [County commissioners may purchase fair grounds.]
If a county society and the county commissioners decide that the interests
of the society and county demand an appropriation from 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, "Agricultural tax, No,"

3 F. H. B.

34 LAWS RELATING TO AGRICULTURE.

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 undertaking, 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.] The county
commissioner^ of any county owning agricultural or fair ground property
be and are hereby authorized to keep the buildings thereon insured, if
deemed proper by said commissioners.

(3705-n) Sec. 1. [Corporations for the apprehension and con-
viction of horse-thieves, etc.] Any number of persons not less than
fifteen, a majority of whom shall be residents of the state of Ohio, are
hereby authorized to become incorporated for the purpose of apprehend-
ing and convicting horse-thieves and other felons.

(3705-12) Sec. 2. [Seal; constitution; officers; oath of office;
certificate of appointment or election; powers of officers and mem-
bers.] Any association so incorporated may make and use a common
seal with the name of the corporation thereon. A majority of the mem-
bers of such association shall have power to adopt a constitution and
by-laws for their government; and may elect or appoint such officers as
they may deem proper, who shall hold their office during the term pro-
vided for by the constitution and by-laws thereof, and win shall per-
form the duties required of them by said constitution and by-laws, and
the provisions of this act; and the presiding officer of any such asso-
ciation or corporation may administer the proper oaths of office to any
of its officers or members, and certify the appointment 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, and certify the appointment or election
thereof, which shall be valid when approved by said presiding officer
under the seal of said corporation, and the officers or 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 been committed, to pursue and arrest,
without warrant, any person or persons whom they believe or have
reasonable cause to believe is guilty of the offense, and arrest and detain
such alleged criminal or criminals in any county in the state to which
they may have fled, and return such accused person or persons to anv
officer of the county in which he offense was committed, and there detain
such accused person or persons until a legal warrant can be obtained
for his or their arrest.

(3705-i3) Sec. 3. [Assessments; indemnity for losses; expen-
ditures.] Any such association may make and collect from its mem-
bers such assessments as may be authorized by its constitution or by-

LAWS RELATING TO AGRICULTURE. 35

laws, and may, if so provided in its constitution, indemnify its members
for losses caused by horse thieves or other felons, and expend such
moneys as may be deemed necessary in the pursuit and arrest, and pro-
curing the conviction of felons.

(3705-14) Sec. 4. [Reimbursement of expenses by county.]
Upon the apprehension and conviction of any such horse thief~or~other
felon by any such association, the commissioners of the county in which
the crime was committed, may reimburse said association in any sum
not exceeding one hundred dollars, for necessary expenses, not other-
wise provided for by law, incurred in the apprehension and conviction
of such criminal.

Sec. 3706. [Societies may sell, and purchase other sites.] When
a county society desires to sell its site for holding county fairs, for the
purpose of purchasing another site, it may sell the same in such manner
and on such terms as it may deem proper, and the money arising from
the sale shall be paid by the purchaser to the county treasurer, who
shall pay it out only upon the certificate of the president and secretary
of the society that "the same is to be used in the purchase or improve-
ment of another site, which site the certificate shall show to have been
purchased ; and in cases where the county has paid any portion of the
purchase money for the site proposed to be sold, the written consent
of the county commissioners shall first be given to such sale, and the
money shall not be paid out of the treasury without their consent.

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 or 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
deemed a 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. 37oq<7. [Authorizing township societies to incorporate for
the detection of horse thieves and other criminals and for mutual pro-
tection of property against such.] When any number of natural per-
sons of any township, form a society, for the detection and arrest of

36 LAWS RELxVTING TO AGRICULTURE.

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 common 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
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 i. [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 committing
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 or 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 accusation, 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 detaining 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.

(37I3-T) Sec. i. [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 society,,
for the purpose of teaching better methods of farming, stock raising,.

LAWS RELATING TO AGRICULTURE. 37

fruit culture and all branches of business connected with the industry
of agriculture, and adopt a constitution and by-laws agreeable to rules
and regulations furnished by the state board of agriculture ; and when
such society shall have elected proper officers and performed such other
acts as may be required by the rules of the state board of agriculture,
.such society shall be deemed a body corporate.

(3713-2) Sec. 2. [Number, times and places of annual meet-
ings.] Not to exceed four farmers' institute societies 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.

(37I3~3) Sec. 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 ac-
cordance 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 certificates
to the county auditor, he shall each year draw orders on the treasurer
of the county as follows: Based on the last previous national 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 holding 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 dollars ; 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.

(37*3-4) Sec. 4. [Society's statement of expenses; what sec-
retary'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 hold-
ing 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 institute 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.

(37I3-5) Sec. 5. [Lectures at annual meetings.] At the an-
nual 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.

(37I3"6) Sec. 6. [Publication and distribution of lectures and
papers.] At the close of each session's institute work, the state board

38 LAWS RELATING TO AGRICULTURE.

of agriculture shall publish in pamphlet or book form, such lectures and
papers delivered at the several institute meetings, as may seem of gen-
eral interest and importance to the farmers, stock breeders and horti-
culturists of the state, copies of which shall be furnished the secretary
of each institute society, and the balance issued to be for general dis-
tribution ; the cost of preparing the matter and the distribution of the
pamphlet or book to be paid by the state board of agriculture. Said
board shall also publish, in such pamphlet or book, a detailed statement
of its receipts under the provisions of this act and the disbursements
on account of institute work.

TRESPASS.

(37I3"7.) Sec. i. [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 purposes, 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 other manner,
without the consent and permission of the owner or owners thereof, or
other person having lawful control of the same, or in violation of the
regulations of the same.

(37*3-8) Sec. 2. [Penalty.] Whoever shall wilfully, and in
violation of the provisions of section one (3713-7) of this act, enter or
go upon any lands referred to in said section one (3713-7), or shall injure
or destroy any tree, plant, shrub or other property thereon, or shall
take or carry away fruit, nut or other thing of value, or shall willfully
damage or destroy any fence enclosing said lands, shall on conviction
thereof be fined in any sum not exceeding three hundred dollars nor
less than five dollars, 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 ; and shall
moreover be liable, in a civil action to the party damaged thereby, in
double the value of the property taken, carried away or destroyed, and in
double the amount of the damage thereto, to be recovered before a
justice of the peace or other court of competent jurisdiction.

(37x3-9) Sec. 3. [Prosecutions hereunder.] Prosecutions un-
der and by virtue of this act, may be by indictment in the court of com-
mon 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 *he offense shall have been committed
within the corporate limits of the same.

APPROPRIATION.

(3713-10) Sec. 1. [Proceedings for appropriation of lands for
enlargement 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 societv, and the owner or owners of

LAWS RELATING TO AGRICULTURE. 39

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 ad-
ditional 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 thereupon the same proceed-
ings of appropriation shall be had which are provided for the appro-
priation of private property by municipal corporations, said board to act
for such society therein as the council would for the municipai~corpora-
tion.

(3713-11) Sec 2. [Board of directors to prosecute proceed-
ings.] 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 com-
missioners 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 afore-
said.

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, im-
munities, and duties heretofore possessed by said Ohio state society for
prevention of cruelty to animals, hereinafter specified, as to county as-
sociations, and may appoint any person, in any county in this state
where there is no such active association, to represent the state society,
and to receive and account for all funds coming to the society, from
fines or otherwise. The objects of said society and all societies here-
tofore or hereafter organized under sections three thousand seven hun-
dred 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, especially
to children and animals, to promote which object the said societies may
respectively acquire property, real or personal, by purchase 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 proceeds. 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 gov-
ernment and the proper management of their affairs. Said society may
appoint agents in any county of this state, where no active society exists
under sections three thousand seven hundred and fifteen and three thou-
sand seven hundred and sixteen of the Revised Statutes to represent the

40 LAWS RELATING TO AGRICULTURE.

society, and receive an 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 so-
ciety and of all societies heretofore or hereafter organized under sec-
tions 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
person found violating any law for the protection of persons or ani-
mals, or the prevention of cruelty thereto, and upon making such ar-
rest shall forthwith convey the person arrested before some court or
magistrate having jurisdiction of the offense, and there make com-
plaint 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 organized 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 resolution shall be for-
warded 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.

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 incorporated com-
panies ; 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 evi-
dence 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 members
for their own government, and the proper management of their affairs.

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

LAWS RELATING TO AGRICULTURE. 41

agent^ shall convey the person so arrested before some court or magis-
trate having jurisdiction of the offense, within the municipal corpora-
tion or county wherein the offense was committed, and there forth-
with make complaint, on oath or affirmation, of the offense; but all ap-
pointments by such associations under this section must have the ap
proval of the mayor of the city or village in which the association exists,
and if it exists outside of any city or village the appointment must be
approved by the probate judge of the county;- and the mayor or pio~bate
judge shall keep a record of all such appointments.

Sec. 3718a. [In prosecutions for adulteration of food, etc.; for
cruelty to animals; judicial proceedings in such cases before justices;
costs, how paid; as to attorney.] Any justice of the peace within his
county and city, and police judge or mayor of any city or village within
his city or village, shall have jurisdiction in cases of violation of the
laws to prevent adulteration of food and drink, the adulteration and

I deception in sale of dairy products, and drugs and medicines, and any
violation of the law for prevention of cruelty to animals, or under sec-
tion 6984 of Revised Statutes, or section 6984a therof, as herein en-
acted. Jf such prosecutions be before a justice of the peace and a trial
by jury be not waived, the said justice shall issue a venire to any con-
stable of the county, containing the names of sixteen electors of the
county to serve as jurors to try such case and make due return thereof.
Each party shall be entitled to two peremptory challenges and shall be
subject to same challenges as jurors are subject to in criminal cases in
court of common pleas. If the venire of sixteen names be exhausted
without obtaining the required number to fill panel, the justice may
direct the constable to summon any of the bystanders to act as jurors ;
provided, that in all cases prosecuted under the provisions of this sec-
tion, no costs shall be required to be advanced or paid by person or
persons authorized under the law to prosecute such cases ; and pro-
vided further, that in all cases brought under the provisions of this
section, if the defendant be acquitted, or if convicted and committed in
default of paying fine and costs, the costs of each case shall be certified
under oath to county auditor, who, after correcting the same, shall
issue a warrant on county treasurer 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 under
section 6984 of Revised Statutes, or under section 6984a or 7017-3
thereof, the humane society or their agents, may employ an attorney to
prosecute the same, who shall be paid for his services out of the county
treasury, as the county commissioners may deem just and reasonable.

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 complainant
believes that any of the provisions of law relating to or affecting ani-
mals 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 building 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 sub-

42 LAWS RELATING TO AGRICULTURE.

ject the person charged therewith, if found guilty, to the penalties pro-
vided therein.

Sec. 3719a. [Duties of police officer; penalty.] When a sheriff,
constable, marshal, police officer, or any agent for any duly incorpor-
ated society for the prevention of cruelty to animals, has reason to be-
lieve that any person within his jurisdiction is about to violate the pro-
visions 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 discharged 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 provisions of said
section six thousand nine hundred and fifty-two of the Revised Statutes
of Ohio, nor aid or abet in so doing within said year. Upon convic-
tion 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 dol-
lars ($25) nor more than five hundred dollars ($500), or imprisoned not
less than thirty days nor more than ninety days, or both, in the dis-
cretion 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-
tinue, when there is a reasonable remedy or relief ; and the words "owner"
and "person" shall be held to include corporations ; and the knowledge
and acts of agents and employes Of corporations, in 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 policemen 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 rendered in car-
rying 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.

LAWS RELATING TO AGRICULTURE. 4&

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 prescribed
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 neg-
lect, any person may take possession of the same; and whenever an ani-
mal is impounded, yarded or confined, and cotinues 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 conven-
ient, 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 person 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 be 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.

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.

(3725-1) Sec. 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 Revised
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 possession 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.

(3725-2) Sec. 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 be:

44 LAWS RELATING TO AGRICULTURE.

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, provide
a suitable home for such child until said child reaches the age of ma-
jority 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' association.] 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 legi-
timate 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.

Sec. 3844. [What investment it may make.] Such associations
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 than those named
therein; but they shall not make any loan to any of their trustees or
officers ; and they may take by gift, subscription, purchase, 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.] Every 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 affairs ; and for any wilful neg-
lect to make such report within one month after its annual meeting, the
attorney-general may proceed against such association 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 resolution 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 as-
sociation, 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 condensed

LAWS RELATING TO AGRICULTURE. 4S

form, the number and condition of such associations, as derived from the
annual reports of the trustees.

Sec 3848, [May maintain libraries, etc.] All such incorpor-
ated associations may keep and maintain libraries, and a museum of art
consisting of models of such improved instruments and machinery as are
best calculated to promote the interests of agriculture, for the benefit
of such associations, under such rules and 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 incorpor-
ated 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 to be appropri-
ated and used exclusively as a public market-house, for the sale and vend-
ing 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 marvel hours.

Sec. 3859. [Powers of such companies.] Such companies may
rent, lease, sell, or dispose of stalls, cellar vaults, or other divisions or
spaces J.j their buildings, in such manner, and upon such terms and con
ditions, 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 any variation or difference in rates or
prices, in favor of citizens of the city or village wherein the buildings
are erected, and against farmers, 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, and any offensive 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, 4n 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 pro-
perty, who shall be governed by the same rule as appraisers in sheriffs'
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 amply 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..

46 LAWS RELATING TO AGRICULTURE.

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 organized agri-
cultural society within the county, and the excess of such proceeds, or
the whole thereof, if there be no such society within the county, to the
treasurer of state, as other moneys collected for state purposes, for the use
of the state agricultural fund.

(4200-9) Sec I. [Regulating sale of milk; penalty.[ Who-
ever, 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 exposes or offers for sale or
exchange, adulterated milk, or milk to which water or any foreign substance
has been added, or milk from sick or diseased cows, shall, for a first
offense, be punished by a fine of not less than fifty nor more than two
hundred dollars ; for a second offense, by fine of not less than one hundred
dollars nor more than three hundred dollars, or by imprisonment in the
work-house for not less than thirty nor more than sixty days ; and for a
subsequent offense, by fine of fifty dollars, and by imprisonment in the
work-house of not less than sixty nor more than ninety days.

(4200-10) Sec2. [Pure milk; penalty.] Whoever, by him-
self 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 exposes or offers for sale as pure milk,
any milk from which the cream or part thereof has been removed, shall be
punished by the penalties provided in the preceding section.

(4200-11) Sec. 3. [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,
exchange 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 everv 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. Whoever
violates the provisions of this section shall be punished by the penalties
provided in section one (4200-9).

(4200-12) Sec. 4. [Adulterated milk defined.] In all prose-
cutions under this chapter, if the milk is shown upon analysis, to contain
more than eighty-eight per cent, of watery fluid, or to contain less than
twelve per cent, solids, not less than one-fourth of which must be fat,
it shall be deemed for the purpose of this chapter to be adulterated,
and not of good standard quality, except during the months of May
and June, when milk containing less than eleven and one-half per cent,
-of milk solids shall be deemed to be not of good quality.

(4200-13) Sec. 1. [Butter and cheese; imitations.] No per-
son, 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, any article in imitation or
semblance of natural butter or cheese produced from pure unadulterated
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 any 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, manufac-

LAWS RELATING TO AGRICULTURE. 47

tured or produced in violation of the provisions of this section, whether
such article, substance or compound shall be made or produced in this
state or elsewhere.

(4200-14) Sec. 2. [''Natural butter and cheese," etc., defined;
oleomargarine.] For the purpose of this act the terms "natural but-
ter and cheese," "natural butter or cheese produced from pure_ unadul-
terated 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 manufac-
tured exclusively from pure milk or cream or both, with salt and with
or without any harmless coloring matter, and which cheese is manu-
factured exclusively from pure milk or cream or both, with salt and
rennet and with or without any harmless coloring matter or sage. It
is further provided that nothing in this act shall be construed to pro-
hibit the manufacture or sale of oleomargarine, in a separate and dis-
tinct 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.

(4200-15) Sec. 3. [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 subsequent
offense.

(4200-16) Sec. t. [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 con-
tains any methlv (methyl) orange, butter yellow, annatto, analine dye,
or any other coloring matter.

(4200-17) Sec 2. [Placards to be displayed by dealers.]
Every person who shall offer 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 upper side thereof 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.

(4200-18) Sec. 3. [Placards to be displayed by hotel proprie-
tors and others.] Every proprietor, keeper, manager or person in
charge of any hotel, boat, railroad car, boarding-house, restaurant, eating-
house, lunch-counter or lunch-room, who therein sells, uses, s'erves, fur-
nishes or disposes of or uses in cooking, any oleomargarine, shall dis-
play and keep a white placard in a conspicuous place, where the same
may be easily seen and read, in the dining-room, eating-room, restau-
rant, 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

4^ LAWS RELATING TO AGRICULTURE.

fourteen inches, upon which shall be printed in black letters, not less
in size than one and a half inches square, the words "oleomargarine
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.

(4200-19) Sec. 4. [Oleomargarine defined.] The word"oleo-
margarine" 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.

(4200-20) Sec. 5. [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.

(4200-21) Sec. 1. [Branding of "filled cheese" and "skimmed
cheese.''] Whoever, by himself or by his agents, sells, exposes for
sale, or has in his possession with intent to sell, any article, substance,
or compound made in imitation or semblance of cheese, or a substitute
for cheese, and not made exclusively or wholly of milk or cream with
salt, rennet, and with or without harmless coloring matter, or contain-
ing 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 harm-
less coloring matter, and containing less than twenty per cent, of pure
butter fat, shall have the words "skimmed cheese" stamped, labeled or
marked, in printed letters of plain, uncondensed gothic tvpe, 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 articles, substance or compound. And in case
of retail sales of any of said articles, substance or compound, not in
the original package, the seller shall, by himself or by 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.

(4200-22) Sec. 2. [Penalty for violating preceding section.]
Whoever, by himself or his agents, sells, exposes for sale, or has in his
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 1 (4200-21) of this act, and whoever 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 punished by a fine of not less
than fifty nor more than one hundred dollars, or by imprisonment in

LAWS RELATING TO AGRICULTURE. 49

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 tnan 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.

(4200-23) Sec. 3. [Penalty for selling or offering imitation
when cheese is called for.] Whoever, by himself or his agents, sells
or offers for sale, to any person who asks, sends or inquires for cheese,
any article, substance, or compound made in imitation or semblance ol
cheese, or as a substitute for cheese, not made entirely from milk or
cream, with salt, rennet, and with or without harmless coloring matter.,
and containing not less than 'twenty per cent, pure butter fats, shaM
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.

(4200-24) Sec. 4. [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 color-
ing 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 conspicu-
ous placard with the words "filled cheese,, or "skimmed cheese" as the
case may be printed thereon in plain, uncondensed letters, Tot 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 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.

(4200-25) Sec. 5. [Posting of placard at place of business.]
Whoever, 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 dwelling,
store, office or public mart, shall have conspicuously posted thereon the
placard or sign, in letters not less than four inches in length "filled cheese
sold here," or "skimmed cheese sold here" as the case may be. Any per-
son neglecting or failing to post the placard herein provided for shall be
punished by a fine of one hundred dollars for the first offense, and by a
fine of one hundred dollars for each day's neglect thereafter.

(4200-26) Sec. 6. [Placard on sides of vehicle.] Whoever, by
himself or his agents, peddles, sells, solicits orders for the future delivery
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, wa^on, or
other vehicle, the placard in uncondensed gothic letters not less than three
inches in length, "filled cheese" or "skimmed cheese," shall be punished

4 F. IT. B.

50 LAW'S RELATING TO AGRICULTURE.

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 subse-
quent offense.

(4200-27) Sec. 7. [Notice to guests, etc.] Whoever, by him-
self or his agents, furnishes, or causes to be furnished, in any hotel, res-
taurant, or [at] any lunch-counter "filled cheese," or "skimmed cheese"
or any substance made in imitation or semblance of cheese, or as a sub-
stitute for cheese, not made entirely from milk or cream, with salt, rennet,
and with or without harmless coloring matter, to any 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 furnishing without said notice, shall be pun-
ished by a fine of not less than ten nor more than fifty dollars for each
effense.

(4200-28) Sec. 1. [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 commissioner 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 xApril, of each year there-
after, 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 number 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 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 pack-
ages 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, wholesome, and unadulter-
ated 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 applying for such registration. Who-
ever, by himself or his agents, violates any of the provisions of this sec-
tion, 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.

(4200-29) Sec 9. ["Person" defined.] The word "person" as
used in this act, shall include persons, corporations and companies.

(4200-30) Sec 1. [Restrictions on sale of artificial dairy pro-
ducts.] That no person shall sell, expose or offer for sale or ex-
change, any substance purporting, appearing, or represented to be butter

LAWS RELATING TO AGRICULTURE. 51

or cheese, or having the semblance of either butter or cheese, which sub-
stance 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 composition 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.

(4200-31) Sec. 2. [Restrictions on manufacture of.] No per-
son or persons shall manufacture out of any oleaginous substance or sub-
stances, or any compound of the same other than that produced from un-
adulterated milk or cream, salt and harmless coloring matter, any 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.

(4200-32) Sec. 3. [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 persons
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 mat-
ter, nor shall any substance or compound 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.

(4200-33) Sec. 4. [False brands and labels.] No person or
persons shall sell, exchange, expose or offer for sale or exchange, dispose
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 ingredients, or in any
other respect.

(4200-34) Sec. 5. [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."

52 LAWS RELATING TO AGRICULTURE.

(4200-35) Sec. 6. [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 ex-
change, 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 substitute 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 and 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 "oleomargarine"
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 purchaser that the
substance is not butter or cheese, but an imitation of the same.

(4200-36) Sec. 7. [Card to be displayed by keepers of hotels,
restaurants, etc.] Every proprietor, keeper, or manager, or person in
charge of any hotel, boarding house, restaurant, eating house, lunch coun-
ter, 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 "oleomargarine
sold and used here," or "imitation cheese sold and used here" (as the case
may be), 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 coloring
matter, when butter or cheese is asked for.

(4200-37) Sec. 8. [Fraudulent shipments.] No person or per-
sons 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.

(4200-38) Sec. 9. [Sale of diluted milk; false accounts.] No
person or persons shall sell to any person, or deliver or carry or cause to be
carried to any cheese or butter factory 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 withheld with the intent to de-
fraud, 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 manu-
facturer.

(4200-39) Sec. 10. [Impure and skimmed milk.] No person
or persons shall sell, exchange, or offer for sale or exchange, any unclean,,
impure, unhealthy, unwholesome milk, or sell, exchange, or offer for sale

LAWS RELATING TO AGRICULTURE. 53

or exchange as "pure milk," milk diluted with water or milk known as
skimmed milk.

(4200-40) Sec. 11. [Milk falsely labeled, etc.] No person or
persons shall sell, exchange, expose, or offer 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.

(4200-41) Sec. 12. [Cows unhealthy 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
prduces impure, unhealthy or unwholesome milk.

(4200-42) Sec 13. [Condensed milk.] No person shall man-
ufacture, sell, exchange, expose or offer for sale or exchange, any con-
densed 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 unless the proportion of
milk solids contained in the condensed milk shall be in amount the equiva-
lent of twelve per centum of milk solids in crude milk, and of such solids
twenty-five per centum shall be fat.

(4200-43) Sec 14. [State institutions.] No butter or cheese
not made wholly from pure milk or cream, salt and harmless coloring mat-
ter, shall be used in any of the charitable or penal institutions of the state.

(4200-44) Sec 15. [Penalties.] Any person or persons violat-
ing 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 imprisoned not less
than ten days or more than ninety days, or both.

(4200-50) Sec 1. [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 evaporation at the
temperature of boiling water.

(4200-51) Sec 2. [Fermented and distilled vinegars.] All
vinegar 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 "distilled
vinegar," and all such distilled vinegar shall be free from coloring mat-
ter added during or after distillation and from color other than that im-
parted 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

54 LAWS RELATING TO AGRICULTURE.

contain not less than two-and-a-half-tenths of one per cent. ash. or min-
eral matter, the same being the product of the material from which
acid 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 contain no foreign substance, and shall contain:
not less than four per cent., by weight, of absolute acetic acid.

(4200-52) Sec. 3. [Injurious ingredients; branding.]. No per-
son 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 acids, 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 section two (4200-51) hereof.

(4200-54) Sec. 4. [Penalty.] Whoever violates any of the-
provisions 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 manufacturer, and when
so branded, shall be sufficient guarantee of its purity.

(4200-55) Sec. 5. [Penalties.] Whoever violates any of the
provisions 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.

(4200-62) Sec. 1. [Maple sugar and syrup defined.] That ma-
ple 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.

(4200-63) Sec. 2. [Standard of weight of maple syrup; adul-
teratation.] 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
substance mixed w;th maple sugar or maple syrup or any other sub-
stance 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. 55

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 any
horses, mules, cattle, sheep, goats, swine, clogs 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 premises
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 pav for every such violation,
a 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 directed
to individuals, and for particular animals described therein, revocable
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 no 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 what-
soever, and also of the benefits of any general permit issued by the
county commissioners, and be subject to all the fines and penalties
hereinafter provided ; and it is hereby made the duty of all road super-
visors upon view or information to cause all swine found running at
large upon roads within their respective districts to be impounded and
such further proceedings had as required by other sections of this
chapter, and if any such road supervisor shall fail or refuse, to perform
such duty he shall be fined not less than two. nor more than five dollars
for each and every offense, to be collected and applied as 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-

56 LAWS RELATING TO AGRICULTURE.

dred and two, shall be brought in the name of the state of Ohio, on com-
plaint 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^ adjudged,
with costs; and all money collected as penalties shall be paid into the
treasury of the township where the offense was committed, for 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 two 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 any person having in charge any animal described in section forty-
two hundred and tzvo, 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-two hundred
und two, liable for damages arising to a railroad.

Sec. 4207. [Animal running at large may be treated as estray;
penalty.] A person finding an animal mentioned in section forty-tzvo
hundred and tzvo, at large, contrary to the provisions of this chapter may,
and any constable of any township, or any supervisor of roads in any
township, or marshal or constable of any city or village, on view or infor-
mation, shall take up and confine the same, forthwith giving notice thereof
to the owner, if known, and if not known, by 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 any such animal running at large
in or upon any of the places mentioned in section forty-tzvo hundred and
tzvo, shall be prima facie evidence that such animal is 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, upon payment of
a reasonable compensation for taking up and keeping the same. And if
any constable, supervisor or marshal, above named, shall, wilfully neglect
to perform any of the duties above required, he shall be fined not more
than twenty-five dollars ($25.00), or imprisoned not more than ten days
©r 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 the law regu-
lating 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, when-
ever the flock or herd belongs to one person.

LAWS RELATING TO AGRICULTURE. 57

Sec. 4209. [Pounds.] The trustees of any township may pro-
cure or construct an inclosttre 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 hund-
red 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, contrary to law,
may detain or keep the same in any field, pen or stable, which shall be the
same in effect 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.

(4 1 09-1) Sec. 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 village,
under the provisions of section 4207 and 1692 of the Revised Statutes,
may be confined, and like notices shall be given and like proceedings
shall be had in such cases as are required by section 4207, Revised Stat-
utes ; and the council may appropriate from the general fund of such in-
corporated village an amount not exceeding one hundred dollars for said
purpose.

(4209-3) Sec 2. [Duties of pound-masters; release of im-
pounded animals.] That any pound-master so appointed finding an
animal mentioned in section 4202 of the Revised Statutes of Ohio, at
large, contrary to the provisions of the chapter of which said section 4202
is a part, on view or information shall take up and confine the same within
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 for taking up, advertis-
ing and keeping the same within ten (10) 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 running at large contrary
to the provisions thereof, bui^f 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
poundmaster 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.

(4209-4) Sec 3. [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.

58 LAWS RELATING TO AGRICULTURE.

PESTS.

Sec. 4210. [What cattle infected with disease shall not be
brought into state.] No person shall bring into the state of Ohio
anv 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 affect 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 with Spanish fever, see Sec. 7003.

Sec. 421 1. [Presumptions 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 disease, such
fact shall be deemed and taken in action to recover damages as prima facie
evidence that such Texas or Cherokee cattle were infected with the disease
known as the "Texas or Spanish fever," and that they imparted such dis-
ease ; and the owner of such Texas or Cherokee 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 disease.

(4211-1) Sec. 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 entitled to
a certificate to the amount of ten cents for each scalp so produced ; pro-
vided, 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 trustees, 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 unex-
pended upon the first day of December of each year, shall be credited
to the general fund of the township.

(421 1-2) Sec. 2. [How paid.] In any township in which there
shall be to the credit of the ground-hog fund any money, yet unex-
pended, 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 person
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 pur-
poses herein named ; and the trustees shall allow the township clerk a rea-
sonable 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.

LAWS RELATING TO AGRICULTURE. 59

(4211-3) Sec. 1. [Bounty for the killing of English sparrows.]
Every 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 hereinafter provided.

(421 1-4) Sec. 2. [Proof required of persons applying for such
bounty.] 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 such applicant, and shall 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 cut 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 village 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 discre-
tion, create such fund, which in no year, in any township or village shall
exceed two hundred dollars, and in no city the sum of five hundred dol-
lars ; and any amount of such fund which shall remain unexpended upon
the first day of March of each year may be credited to -the general fund of
the township, village or city.

(421 1-5) Sec 3. [How paid.] Such certificate may be pre-
sented 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 cer-
tificates.

diseases.

(421 1-6) Sec 1. [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.

(4211-7) Sec 2. [Liability of violator.] Any person or per-
sons violating the provisions of this act, shall be liable for all damages
resulting 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 exceeding
five hundred dollars, or be imprisoned in the jail of the county not exceed-
ing six months, or both.

(421 1-8) Sec 3. [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.

(4211-9) Sec 1. [Board of live stock commissioners.] The
governor shall, with the advice and consent of the senate, appoint three
persons, who shall constitute a board of live stock commissioners, who
shall hold their office in the order in which they are named, the first for
one year, the second for two years, and the third for three years, and

■60

LAWS RELATING TO AGRICULTURE.

their successors in office shall be appointed for three years each. They
shall meet as soon as practicable after their appointment, and after taking
the oath of office, shall appoint from their number a president and
secretary.

(421 1- 10) Sec. 2. [Duty as to exterpating 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 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 commissioners, 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 disease exists, or has recently existed, to be put in
quarantine, so that no domestic animal subject to such disease, be re-
moved 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.

(4211-11) Sec. 3. [Bodies of dead animals.] The bodies of all
dead animals shall be buried or burned by the owners thereof, as pro-
vided by law.

See § 6923a.

(4211-12) Sec. 4. [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,
is 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 person or cor-
poration 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 commissioners, 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 any sum not exceeding five hundred dollars. And
all proper expense incurred in the quarantining of animals under the pro-
visions 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

LAWS RELATING TO AGRICULTURE.

61

commissioners. It shall be the duty of all sheriffs and constables to exe-
cute within their several counties all lawful orders of the said com-
missioners.

(4211-13) Sec. 5. [Records of the board; their report; ex-
penses; compensation, etc.] The board of commissioners shall keep
a record of their acts and investigations of diseases of live stocky and
report the same to the governor on the first Monday of November,
annually, and at such other times as the governor may order; and such
parts of said report as shall be of general interest to breeders of live stock
may be transmitted to the department of agriculture, to be published
with their proceedings. Said board shall receive for their services the
sum of four dollars per day and necessary traveling expenses for each
day any member is actually engaged in the investigation of reported cases
of outbreaks of disease as herein provided, or in arranging for the quar-
antine of diseased animals, and other duties connected therewith ; and
when it becomes necessary for said board to employ any veterinarian,
sheriff, constable, or such other persons as may be deemed essential to
assist the commissioners in performing their duties, as set forth in this
act, they are authorized to fix and certify their compensation, a properly
itemized account of which shall be made out and certified by the board,
and paid upon the order of the governor.

(4211-15) Sec. 15. [Proclamation prohibiting importation of
diseased live stock.] Whenever the governor of the state of Ohio
shall have good reason to believe that any dangerous, contagious or
infectious disease has become epidemic in certain localities in other
states, territories or counties, or that there are conditions which render
domestic animals of such infected districts 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 stock commissioners and approved
by the governor.

(4211-16) Sec. 2. ] Appraisement and killing of diseased ani-
mals.] When in the opinion of the commissioners provided for by
the act to which this is supplementary, 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 determine what
animals shall be killed, and shall appraise or cause the same to be ap-
praised by disinterested citizens as hereinafter provided, and cause such
animals to be killed, and their carcasses to be disposed of as in the judg-
ment of the commission will best protect the health of the domestic ani-
mals of the locality ; provided, that no animals shall be appraised, except
cattle affected with contagious pleuro pneumonia, or cattle, sheep or
swine affected with foot and mouth disease, or such as have been ex-
posed thereto, nor shall any animal be slaughtered under the provisions
of this act unless first examined by a competent veterinarian in the em-
ploy 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.

(4211-17) Sec. 3. [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 computed
upon the basis of the actual value of the diseased animal, if any, at the

62

LAWS RELATING TO AGRICULTURE.

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 any suspicion of contagion ; provided, that no com-
pensation shall be made to any person who may have brought animals
into the state affected with such contagious disease, or from a district
in which such contagious disease existed, or who may have wilfully con-
cealed 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 animals being
thoroughbred, or pedigree stock.

(4211-18) Sec. 4. [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 recommendation, if the
matter is approved by him, that the proper appropriation be made to pay
such claims.

Whereas, All cattle wintered in the states of Florida, South Caro-
lina, North Carolina, Georgia, Alabama, Mississippi, Louisiana, Tennes-
see, Arkansas, Texas and the Indian Territory, are infected with a germ
which renders them capable, except during the frost of winter, of in-
fecting northern cattle with a malady commonly known as "Texas fever,"
while they show no manifestation of disease ; therefore,

(4211-ig) Sec. 1. [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 terri-
tory, 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.

(4211-20) Sec. 2. [Unloading of certain cattle in certain
months forbidden, except.] Any railroad or other transportation
company 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.

(4211-21) Sec. 3. [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 infected with said
disease.

LAWS RELATING TO AGRICULTURE. 63

(4211-22) Sec. 4. [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 company bring-
ing into this state cattle, which may unload such cattle for any— other
purpose than to be fed and watered as specified in section tzvo (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 inspection of the state-
ment above required, showing where the same were wintered ; and any
company or corporation neglecting to comply with the provisions of this
section, shall, upon conviction thereof, be fined in any sum not exceeding
five hundred dollars.

(4211-23) Sec. 5 [Prosecution for offenses hereunder.] Up-
on 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 company under
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 principal office
may be situated ; and process may be served by leaving a copy at the
office of such company within such county.

(4211-24) Sec. 1. Penalty for selling or failing to keep se-
curely 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 examination 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 exceeding five hundred
dollars, and shall moreover, be liable for all damages sustained by reason
of the same.

(4211-25) Sec. 2. [Appraisal and payment of compensation in
case of destruction of such animals by order of live stock commission.]
In case the live stock commissioners shall order the destruction of any
animal affected with glanders or farcy in the chronic stage of the disease,
which may be adjudged capable of rendering some service, the board
may cause the animal to be appraised, and order such compensation to
be paid out on the order of the live stock commissioners, on the warrants
of the auditor of state out of any funds in the treasury to the credit of
the live stock commission, as in the judgment of the commissioners may
be just, not exceeding its cash value; provided the horse was not diseased
when passed in possession of the owner.

(4211-26) Sec. 3. [Penalty for suffering sheep affected with
scab to run at large or for selling same, knowing, etc.] Any person
owning 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

64

LAWS RELATING TO AGRICULTURE.

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 moveover cause
all such cars, boats, yards, and premises to be thoroughly disinfected
before the same shall be occupied by other stock. Every corporation and
company, their officers and employes, or individuals violating the pro-
visions of this section, shall pay a penalty not exceeding five hundred
dollars, to be recovered in any court of competent jurisdiction, and shall
also be liable to parties injured for all damages that may be occasioned
thereby.

DOGS.

(42 1 2-1) Sec. 1. [When dog to be considered property.] Any

animal of the dog kind listed and valued for taxation as other [per-
sonal] 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 taxation;
provided, further, that nothing in this section shall be so construed 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 at-
tempting to kill such animal so running at large, fails to kill, and wounds
the same, he shall not be liable to prosecution under Section 6951 which
provides against cruelty to animals.

(4212-2) Sec. 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 time 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 de-
fendant 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

LAWS RELATING TO AGRICULTURE. 65

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 injury~of
sheep by dog or dogs, may present a detailed account of the injury done,
with damages claimed therefor, verified by affidavit at any regular meeting
of the trustees of the township where the damage or injury occurred,
and within six months thereafter, which account shall state the kind,
grade, quality and value of the sheep so killed and nature and amount
of the injury, and shall make it appear to the satisfaction of the trus-
tees upon the parole 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; oath of claimant and witness.] And the wit-
nesses in such cases, not exceeding two, shall be allowed fifty cents each
and mileage as in other cases; the trustees are hereby authorized and
empowered to administer oath or affirmation to any such claimant or
witness ;

[Employe or tenant.] 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 testify.

[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 may deem-
right, and, if satisfied that such claim is correct and just, they shall en-
dorse thereon the amount allowed and transmit the same with the testi-
mony so taken, together with the fees due witnesses over their own of-
ficial signatures to the county commissioners, in care of the county audi-
tor : who shall enter upon a book to be kept for that purpose, in their
order, each claim received ;

[Examination and order for payment.] The county commission-
ers 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 other claims as may have been allowed in
whole or in part, may be paid at any regular quarterly session of such
commissioners.

[When fund insufficient; transfer of excess.] And prov: led,
that if such fund is insufficient to pay all such claims in full, C ey . li

5 F. H. B.

Ot> LAWS RELATING TO AGRICULTURE.

be paid pro rata; and if, after paving all such claims, at the June ses-
sion, there remain more than one thousand dollars of usch fund, the
excess, or a part thereof, may be transferred to the school fund, the
county agricultural society, the bridge fund or to the fund for the relief
of indigent soldiers, at the discretion of the county commissioners ;

[Cuyahoga county.] But in Cuyahoga county, so much of the
excess as may be required may be appropriated to the payment of the
amount authorized by the second section of the act relating to indus-
trial schools or children's homes, passed April 24, 1877.

[Lucas county.] And provided, further, that in counties having
therein a city of the third grade of the first class in which there exists
a society "to prevent cruelty to animals," organized under chapter 12,
title 2 of the Revised Statutes, the said excess shall be paid over to the
treasurer of said society.

[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 county 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 liundrcd and fifteen in any county unless
otherwise directed by law, shall be appointed [apportioned] to the dif-
ferent townships or cities in proportion to the amount of tax actually
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 comptroller, to
each sub-district or special school district therein in proportion 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.

horses.

(4221-7) Sec. 1. [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 unlawful for any person or persons, knowingly to enter or cause
to be entered for competition, or to compete for any purse, prize, pre-
mium, stake or sweepstakes offered or given by any agricultural or
other society, 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 sweep-
stake is to be decided by a contest of speed.

(4221-8) Sec. 2. [Penalty.] That any person or persons
found guilty of a violation of Section t (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.

(4221-9) Sec 3. [Change of name for purpose of entry.]
That the name of any horse, mare, gelding, colt or fifty For the purpose

LAWS RELATING TO AGRICULTURE. 67

<oi entry for competition in any contest of speed, shall not be changed
•alter once having contested for a prize, purse, premium, stake or sweep-
stakes, except as provided by the code of printed rules of the society
•or association under which the contest is advertised to be conducted.

(4221-10) Sec. 4. [Class determined by performance.] The

class to which a horse belongs for the purpose of an entry in any^uch
•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.

(4221-11) Sec. 5. [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 different
horse, gelding, mare, colt or filly from the one which is purported to
be entered, or shall, knowingly and designedly, for the purpose of com-
peting for purses or premiums, enter or drive a horse, gelding, mare,
■colt or filly in a class to which it does not properly belong, 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.

(4221-12) Sec. 6. [Penalty.] Any person or persons know-
ingly misrepresenting or fraudently 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 punish-
nnent as is provided in Section 2 (4221-8) of this act, whether he or
titey shall succeed in making said entry or not.

FENCES.

Sec. 4239. [How expenses of making partition fences adjusted.]
The owner or lessee for three or more years, of land adjoining a fence,
of whatsoever material constructed, in all respects such as a good hus-
bandman ought to keep, erected by the owner, or lessee for one or more
years, on the line of his land, who makes or causes to be made an in-
closure adjoining such fence, so that such fence answers the purpose
of inclosing his land, shall pay the owner of such fence already erected
one-half the value of so much thereof as serves as a partition fence, to
be adjudged by the township trustees of the township in which the fence
is situate; and the amount so judged, if not paid, may be recovered by
the owner of such fence witTi costs of suit ; but nothing in this chapter
•contained, shall apply to trie inclosure of lots in municipal corporations.

Sec. 4239a. [Barbed wire partition fence; penalty.] No person
or corporation shall construct or cause to be constructed, in whole or
in part a partition fence, from barbed wire, unless the written consent
of the owner or lessee for three or more years of the premises be first
obtained. Whoever constructs or causes to be constructed a barbed wire
partition fence without the consent contemplated in this section, shall
be fined not more than one hundred dollars nor less than ten dollars.

Sec. 4240. [Who to keep partition fences in repair; live fences.]

The owners or lessees for one or more vears of lands inclosed with fences,

68 LAWS RELATING TO AGRICULTURE.

shall keep up and maintain in good repair all partition fences between
their own and the next adjoining inclosures, in equal shares, so long as
both parties continue to occupy or improve the same. But no willow
fence, or any other live fence except that known as the Osage orange
or blackthorn hedge, shall be permitted on such partition except by
mutual consent or agreement of the owners of the adjoining lands ; and
the refusal or neglect of either party to such partition fence to comply
with this provision shall subject such defaulting party to the provisions
and penalties named in sections 4242 and 4243 of the Revised Statues.

(4240-1) Sec. 1. [Requiring the cutting of briers, thistles, etc.,
along partition fences.] It shall be the duty of owners of land, adja-
cent to any line or partion fence, when the enclosure, of two or more
persons, is divided by such fence, and when the land is improved on
both sides of the same, to keep all brush, briers, thistles, or other
noxious weeds, cut in the fence corners, or along the line of partition
fences, provided, however, that nothing in this section shall be construed
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 the same, neglects or refuses to cut or have cut,
such brush, briers, thistles or other noxious weeds, as provided in the
foregoing section, 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 his intentions,
of not less than thirty days (and if such brush, briers, thistles, or other
noxious weeds are not cut or removed at the expiration of said thirty
days), notify the trustees of the township in which such land is situated,
whose duty it shall be to at once repair upon the premises, when, if they
become satisfied there is just cause of complaint, they shall proceed
to cause such brush, briers, 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 the 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 cor-
rect description of the land upon which said labor has been performed,
and the auditor shall place the same upon the duplicate, to be col-
lected the same as other taxes are collected, and the county treasurer
shall pay the amount when collected, to the township treasurer as other
funds, specifying the same.

(4240-4) Sec. 4. [Anticipating such cost.] The township
trustees ma}' anticipate the collection and refunding the cost of said labor
to the township treasurer, and at the time said labor is performed draw
their order upon such treasurer for the 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 per day for their services under this act.

Sec. 4^41. [When party ecitl d to remove his share of parti-
tion fence.] When the enclosure of wo or more persons are divided

LAWS RELATING TO AGRICULTURE.

69

by a partition fence of any kind, and either of the parties thinks proper
to vacate his part of such inclosure, or to make a lane or passage between
such adjoining inclosures, such person may remove his share or part of
such partition fence, on giving six months' notice in writing of such
intention, to the party owning or occupying the adjoining inclosure,
or to his agent if such party is not a resident of the county ; provided,
that the foregoing provisions of this section shall not be applicable to
owners of narrow strips of land not more than two rods in width, be-
tween adjoining farms of other persons while used and occupied by
such owners for the purposes of farm outlets, to and from public high-
ways ; in such cases the owners thereof unless otherwise provided for shall
keep and maintain in good repair, one-half of such partition fence, on
either side of such farm outlet, or private right of way.

Sec. 4242. [Duty and power of township trustees in respect to
controversies about partition fences; assignment of fence to be con-
structed or kept in repair by each party; how made.] When any
controversy arises about the rights of owners of adjoining lands, both
of which are enclosed, in relation to building or maintaining partition
fences, and their obligation to build and maintain the same in good
repair, either party may apply to the trustees of the township in which
such premises or fence are situate, who, on application, shall, after not
less than ten days written notice to all parties interested in the title or
possession of the premises, or the construction or repair of the fence,
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 be
by him constructed or kept in repair so as to be in all respects a good
and substantial fence ; the assignment shall also specify the time within
which such fence and each of its parts shall be constructed or repaired ;
and shall be binding upon the parties and all succeeding occupants of
the premises for one year thereafter, and until a new assignment is made.
Provided, however, that if the owner is a non-resident of the county, then
the notices provided for in this section and section four thousand two
hundred and forty-three, may be served on his authorized agent or the
person occupying the premises, and at the same time they shall mail
a notice to the owner if his post-office address is known.

Sec. 4242a. [Partition fence where division line in stream.]
Where 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
partition fence, and where such partition fence is necessary to prevent
domestic animals of one of said land owners from trespassing upon the
land of the other, and where the trustees of any township have heretofore
or may hereafter assign to each of said land owners his part or share
of such fence to be constructed and kept in repair, as provided by section
4242 of the Revised Statutes, the part so assigned to 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 assigned the other
land owner to the division line in said stream of water ; and for the pur-
pose of determining the liabilitv of one of said landowners 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. 4243. [Building of partition fence and collection and pay-
ment of cost when either party fails to comply with assignment.] If

70 LAWS RELATING TO AGRICL'LTURL.

either party fail to comply with the assignment, the trustees may, uponi
the application of the aggrieved party, sell the contract to the lowest
responsible bidder to furnish the labor and material and build such
fence according to specifications to be prepared 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 he work shall be com-
pleted in conformity with the sale, and to the satisfaction of the trustees,,
they shall immediately certify to the auditor of the county the amount
such fence sold for, adding the proportionate amount of cost and ex-
penses of such sale, and of all former proceedings of the trustees and.
clerk, together with a correct description of each piece of land upon;
which the same is assessed, and the auditor shall place the same on the-
duplicate to be collected as other state and county 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 proceedings, and the auditor shah-
draw orders for the payment of such amounts out of the county treas-
ury ; but any person interested may pay his share of the purchase money
and proportionate amount of costs and expenses aforesaid to the town-
ship clerk at any time before the same are charged on the tax duplicate,,
to be distributed by the clerk among the parties to which it belongs.

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 assignment.,
may apply to the trustees for a re-examination and re-assignment ; and
the same notice shall be given and proceedings had as provided for in
section forty-two hundred and forty-two and such re-assignment shall
be recorded, and copies thereof made and served, and it shall have the-
same binding force, operation, and effect as the assignment 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 townships shall have
concurrent jurisdiction and the trustees of either of such townships may
be 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 both 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 anv
part thereof, is on the line of a township, or on the line of or in two
or more townships of the same 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
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 com-

LAWS RELATING TO AGRICULTURE. -i 1

pelled to answer thereto, and such other proceedings shall be had therein
as if the defendant resided in the township where the action was com-
menced.

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 oj the
peace shall be brought in the township in which the defendant resides,
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 provided 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 common
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 against 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 purposes.

Sec. 4250. [Hbw 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 con-
sequence 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 anv court having competent jurisdiction, with costs of suits ; and-
in all suits commenced under the provisions of this section, such assess-
ment, reduced to writing, and subscribed by the persons making the
same, shall be received as prima facie evidence of the real 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 for irregu-
larity, or other good cause, and the animal or animals so trespassing
shall not be exempt from execution issued on a judgment rendered in
any court, or before any officer having jurisdiction, for damages occa-
sioned 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 Enclosures
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 anv court.

72 LAWS RELATING TO AGRICULTURE.

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, pre-
cisely on the line of the road or public highway, and place on the mar-
gin 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 con-
tinue 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 sec-
tion 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
highway, 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
brought upon the complaint of the person damaged, before a justice of
the peace of the township in which the hedge is situate, or if the hedge
is along a public highway, the complaint shall be made by the supervisor
of the road in whose district the hedge is situate.

VETERINARIANS.

(441 2-1) Sec 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.

(4412-2) Sec. 2. [Certificate.] Any one who successfully
passes the examination before the state board of veterinary examiners
shall receive 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 veterinary medi-

LAWS RELATING TO AGRICULTURE. 73

cine 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.

(4412-3) Sec. 3. [Veterinarians employed by state boards.]
Persons who have passed the requisite examinations and received a certi-
ficate from the state board of veterinary examiners, and those whojiaye
continuously 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.

(4412-4) Sec. 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 officio members of said board. Three members thereof shall
be appointed by the governor and confirmed by the senate 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.

(4412-5) Sec 5. [Meetings, 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 electing 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 sec-
retary 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 received and dibursed.

(4412-6) Sec 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 candidates
for examination.

(4412-7) Sec 7. [When certificate issued; eligibility of un-
successful candidate.] A certificate shall be issued only when the
board is satisfied 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.

(4412-8) Sec 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 examina-
tion or if a diploma is accepted in lieu of an examination.

(4412-9) Sec 9. [Acceptance of diploma in lieu of examina-
tion.] The board may accept a properly issued diploma in lieu of an
examination ; 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.

74 LAWS RELATING TO AGRICULTURE.

(4412-10) Sec. to. [Penalty; emergency.] Whoever shall en-
gage 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 service
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 AHD MEASURES.

Sec. 4428. [Standards, those furnished by United States gov-
ernment; metric system.] The standard weights and measures furn-
ished the state of Ohio by the secretary of the treasury of the United.
States, under a resolution of congress, approved June fourteenth, one
thousand eight hundred and thirty-six, shall be the legal standard of
weights and measures throughout the state ; but nothing in this chapter-
contained shall be construed to prevent the use of the weights and meas-
ures 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-five hundred and seventy of the Revised Statutes of the United.
States.

Sec. 44*29. [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 construed 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 stand-
ard yard, now in possession of the secretary of state, and furnished 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 commodities commonly sold by the
yard, it may be divided into halves, quarters, eights, 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
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.] The
standard measure of a cord of fire-wood or tan-bark, shall be one hundred
and twenty-eight cubic feet well stowed and packed.

LAWS RELATING TO AGRICULTURE. ( 0>

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 thou^
sand 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 measures
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 hogs-
head ; 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 circumference, 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 or branded the words~"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
place 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 shall
be derived and ascertained, shall be the standard half bushel furnished
this state by the government of the United States, the interior 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.

(4439-1) Sec 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 measures for such purpose will be a violation of
this section.

(4439-2) Sec 2. [Penalty; disposition of fines.] Any person,
commission-merchant, miller, dealer, grain-inspector, corporation, com-
pany, firm or association, or any person acting a^ officer, agent or employe.

76 LAWS RELATING TO AGRICULTURE.

found guilty of a violation of section I of this act, (4439-1) shall be
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 violation of this act shall
be paid into the county treasury to the credit of the county fund.

(4439-3) Sec. 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 liquids, 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.

(4442-1) Sec. 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 meas-
ure other than the standard dry measure, shall be fined not less than
ten nor more than fifty dollars.

Sec. 4443. [Standard weight of bushel.] A bushel of the re-
spective 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 ;

LAWS RELATING TO AGRICULTURE. 77"

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 inches diame-
ter at the top, twenty inches at the bottom, and fourteen and one-tenth
inches deep.

Sec. 4444ft. [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 ton
thereof; but where coal cannot be weighed it may be sold by measure-
ment.

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 may 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 annuallv.

time.

(4446-1) Sec 1. [Making part 01 first Tuesday after first Mon-
day in November 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 honts,
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
place 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.

78

LAWS RELATING TO AGRICULTURE.

(4446-2) Sec. 1. [Labor Day.] The first Monday in September
of each and every year shall be known 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 though prohibited on
Sunday, for the title of this act calls it a holiday; but a judgment rendered on
that day is absolutely void: Joseph Speidel Grocery Co. v. Armstrong, 8 C. C,
489; 1 O. D., 534.

(4446-3) Sec. t. [Central standard time.] The standard of
time throughout this state shall be that of the ninetieth meridian of
longitude 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 ninetieth
meridian of longitude west from Greenwich, known as central standard
time.

(4446-4) Sec 1. [Timepiece in or upon public building to keep
central standard time.] Wherever there is a clock or other-timepiece
in or upon a public building within this state, the same being maintained
at the public expense, it shall be the duty of the board of county commis-
sioners, 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 keeping time
throughout the state of Ohio."

(4446-7) Sec. 1. [Ohio agricultural experiment station.] That
the board of control of the Ohio agricultural experiment station immedi-
ately on the taking effect of this act, shall appoint a competent person,
or persons, who shall, under the direction of the board, perform the
duties hereinafter provided.

(4446-8) Sec 2. [Board to cause to be exterminated danger-
ous insects and plant diseases.] It shall be the duty of the board,
either in person or through their assistants, to seek out and cause to be
exterminated the San Jose scale and other dangerous insects, and tree,
shrub, vine, or plant diseases. Black knot and peach yellows are hereby
declared to be dangerous within the meaning of this act, and trees, shrubs.
vines, or plants affected with either of these diseases, shall be subject
to its provisions. The mention of San Jose scale, peach yellows and
black knot in this section shall not be held to exclude other insects or
diseases which may be found to be dangerous, from the provisions of
this act.

[Annual examination of nurseries.] Said board in person, or
through their assistants, shall examine once in each year, not later than
August 15, all nurseries in the state of Ohio as to whether they are
infested with San Jose scale or other dangerous insects, or infected with
dangerously contagions tree, vine, shrub, or plant disease ;

[Certificate and fee therefor.] And if upon inspection, such nur-
series appear to be free from such insects or diseases, the board shall,
upon the receipt of $10.00. give each owner of such nursery or nurseries,
a certificate to the facts, provided that it shall require but one day or part
of one day to make such inspection, and for each additional day or frac-

LAWS RELATING TO AGRICULTURE.

79

tion thereof required to complete the inspection, $5.00 shall be charged
therefor, and collected before the certificate is granted. In addition to
the above fee nurserymen must furnish transportation to and from rail-
way station, and facilities for reaching their growing stock, to such
person or assistants selected by the board to make said inspection.

[Life of certificate; filing thereof.] This certificate shall be void
after August 15, of the year following. A duplicate of each certificate,
together, with a statement of amount received therefor, shall be filed by
said person or assistants with the secretary of the board, within ten days
of its issue, and neglect to file such duplicate of certificate and statement
shall be treated as a misdemeanor.

[Treatment of affected nursery stock.] If any dangerously inju-
rious insects or infectious diseases are found on the premises of any
nursery, or nursery stock, the board may order and enforce such treat-
ment of said nursery stock, as they may deem sufficient in addition to
a thorough inspection before granting a certificate, and the same per
diem, shall be charged for over-seeing treatment as for nursery inspec-
tion.

[Duty of person shipping nursery stock.] Whenever a nursery-
man or any other person shall ship or deliver within this state, except
for scientific purposes, trees, shrubs, plants or other nursery stock, he
shall place upon each car load, box, bale or package a copy of a certi-
ficate, the original of which is signed by a state or government inspector,
staring that stock ha* been inspected and lias been found apparently-
free from dangerous insects and dangerously contagious tree, shrub,
vine and plant diseases.

[Illegal use of certificate.] The illegal use of said certificate by
changing, defacing or placing it on uninspected stock, or using the same
after date of expiration or revocation, shall render the owner or shipper
liable to the penalty prescribed for a violation of this act. No person
growing for sale any trees, shiubs, vines, or plants, shall deliver the same
without applying to the board for the certificate provided for in this
act. Provided, however, that existing certificates, issued by the ento-
mologist of the Ohio agricultural experiment station, shall be held to be
valid until June 1, 1900.

(4446-9) Sec. 3. [Examination of orchards, gardens, etc.] It
shall further be the duty of said board through their assistants to cause
the examination of all orchards, gardens, and other premises, either
public or private, which they shall have reason to suppose *to be infested
or infected with any dangerously injurious insects or infectious diseases,
liable to spread or to be conveyed to other premises, and for this pur-
pose, said board and their assistants are authorized, during reasonable
business hours, to enter into or upon any farm, orchard, nursery, garden,
storehouse or other building or place used for growing, storing, pack-
ing or sale of nursery and other horticultural products.

[Treatment of infected property.] If said board or their assist-
ants shall find on inspection as aforesaid that any nursery, orchard,
garden, or other property or place is infested or infected with such dan-
gerously injurious [insects] or infectious diseases liable to spread or to
he conveyed to other premises, to the serious injury of the property
thereon, the same shall be declared a public nuisance, and thev shall
notify, in writing, the owner or persons in charge of such infested or

80 LAWS RELATING TO AGRICULTURE.

infected property, and shall direct him, within a time and in a manner
prescribed in such notice, to use such measures as shall prevent the con-
veyance or spread of such insects or diseases to the property of others and
such infested or infected property must not be removed from the prem-
ises after the owner or person in charge of the same shall have been no-
tified as aforesaid, without the written permission of said board or their
assistants.

[Duty of board upon failure of owner to disinfect premises.]

If the person so notified shall refuse or neglect to treat and disinfect said
premises or property in the manner and within the time prescribed, it
shall be the duty of the board to cause such premises or property to be
so treated, and they shall certify to the owner or person in charge of such
premises one-half of the cost of the treatment. If said sum is not paid
to them within sixty days thereafter, the same may be recovered, together
with the cost of action, before any court in the state having competent
jurisdiction.

[Destruction of infected trees, etc.] Any tree, plant, shrub, etc.,
which may in the judgment of the board or their assistants, be so badly
infested, or infected, as to render expense of treatment unjustifiable,
shall be declared a public nuisance and may be destroyed by them or
their assistants without liability for compensation to the owner thereof.

[Appeal.] Right of appeal from the decision or requirements of
the assistants may be made to the said board, within three days after
notice of such decision or requirements has been served, and the decision
of the board shall be final

(4446-10) Sec. 4. [As to plants shipped into this state.] Every
package of trees, shrubs, vines or plants 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 certificate
showing that the contents have been inspected by a state or government
officer, and that the trees, shrubs, vines or plants therein contained appear
to be free from all dangerous insects and dangerously infectious diseases.
If any trees, shrubs, vines, or plants are shipped into this state without
such certificate plainly fixed on the outside of the package, box or car
containing the same, the facts must be reported within twenty-four
hours to the said board by the railroad, express or steamboat company,
or by other person or persons carrying the same, and it shall be unlawful
to deliver any such property until it has been examined by the board or
their assistants and by them certified to be apparently free from danger-
mis insects or dangerously contagions diseases. Any agent or any com-
mon carrier, or persons carrying such property as aforesaid, who shall
fail to give such notice as hereby required, shall be deemed guilty of a
violation of this act. When nursery stock is shipped into this state
accompanied by a certificate as herein provided, it shall be held prima
facie evidence cf the facts therein stated. But the board by themselves
or their assistants, when they have reason to believe that any such stock
is infested or infected as heretofore described shall be authorized to in-
spect the san.?. In case such stock is found to be infested or infected
t ; any of the aforesa: 1 insects or pb.nt diseases, such sock shall be held
subject to order of shipper not to exceed ten days before being declared
a pubtfc nuisance and destroyed. All expenses incurred by the ;)oard
or their assista.- ts, in carrying ou'; the provisions of this act shall be paid
OUt «Af the ftinds rppropn'ated by this act.

LAWS RELATING TO AGRICULTURE. 81

(4446-11) Sec. 5. [Penalty for violation of this act.] Any
person violating or neglecting to carry out the provisions of this act,,
or offering any hindrance to the carrying out of this act shall be ad-
judged guilty of a misdemeanor, and upon conviction before any. justice
of the peace, shall be fined not less than ten dollars and not more than
one hundred dollars for each and every offense, together with jdljthe
costs of prosecution, and shall stand committed until the same is paid-
It shall be the duty of the county prosecuting attorney to prosecute all
violations of this act and all amounts so recovered shall be paid over to
the state treasury.

(4446-12) Sec. 6. [Annual report of board to governor.] The

board shall make an annual report to the governor of the state, a copy
of which shall be sent to the Ohio state horticultural society at its annual
meetings, showing the number of nurseries inspected, the number of cer-
tificates issued, the number of trees treated or disinfected by them or
their assistants, the kinds and amount of property destroyed by them in
pursuance of this act and such other facts concerning the operation of
their office, under this act, as the said board may deem necessary.

(4446-13) Sec. 7. [Act does not apply to greenhouses.] The

provisions of this act shall not apply to florist's greenhouse plants, bulbs,
flowers and cuttings, commonly known as greenhouse stock.

(4446-14) Sec. 8. [Disposition of moneys received.] The said
assistants shall pay over to said board of control, all funds coming into
their hands under the provisions of section 2, of this act, with an item-
ized statement of the sources whence received, which moneys shall be
used by said board to aid in carrying into effect the provisions of this
act, and the amount so received shall be stated in the annual report of
said board.

[Expenses of assistants.] The said assistants shall also make to
said board an itemized statement of their expenses and the amounts paid
for assistants employed in prosecuting the work under this act, which,
when certified by said board, shall be paid out of the state treasury upon
the warrant of the auditor of state.

(4446-15) Sec. 9. [Appropriation for use of board.] There is
hereby appropriated to the said board of control for the purpose of carry-
ing out the provision of this act the sum of fifteen thousand ($15,000)
dollars for the years of 1900 and 1901, or so much thereof as may be
necessary. The auditor of state is hereby authorized to draw his war-
rants upon the state treasurer against the sum herein appropriated upon
the presentation of proper vouchers and the state treasurer shall pay the
same out of any funds in the public treasury, not otherwise appropriated.

FERTILIZERS.

Sec. 4446a. [How package containing commercial fertilizer to I
be marked.] Any person or company who shall offer, sell or expose f
for sale in this state, any commercial fertilizer, shall affix to every pack-
age, in a conspicuous place on the outside thereof, a plainly printed cer-
tificate stating the number of net pounds in the package sold or offered
for sale, the name or trade mark under which the article is sold the
name of the manufacturer and the place of manufacture, and ?. chc-.::al

6 F. H. B.

m

LAWS RELATING TO AGRICULTURE.

•analysis stating the percentage of nitrogen, or its equivalent in ammonia,
in an available form, of potasfi soluble in water, and of phosphoric acid,
in an available form (soluble or reverted) as well as the total phos-
phoric acid.

As to penalty, see § 4446/. Criminal penalty for violating these sections,
see § 7002.

Sec 44466. [Person offering same for sale to deposit sample with
Secretary State Board of Agriculture.] Before any commercial fer-
tilizer 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 [4446a] of this act, and
shall deposit with said secretary, a sealed glass jar, containing 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
importer shall have paid the license fee herein required, for any person
acting a- 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 d. [Analysis to be made by Secretary State Board of
Agriculture.] All analyses 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. 4446c. [Secretary to publish, annually, report of analyses
■made and fees received.] Said secretary shall publish annually, a
correct 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^. [Persons selling without complying with foregoing
provisions, how punished.] 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 Stat-
utes, 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 constituents named ir_ said section 4446a than it really does con-
tain, 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 subse-
quent 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 deficiency of one per cent, of

LAWS RELATING TO AGRICULTURE. Od

the nitrogen, potash or phosphoric acid claimed to be contained, shall
not be considered as evidence of fraudulent 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. 4446/2. [Secretary of State Board of Agriculture may select
samples 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 [4446b] of this act and with the
printed certificate found on the given package found on sale.

Sec. 4446/. [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.

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, con-
venience or welfare, cause to be located, and constructed, straightened,
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 re-
moving 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 im-
provement shall be held to include any side, lateral, spur or branch ditch,
drain or watercourse necessary to secure the object of the improve-
ment, whether the same is mentioned therein or not ; but no improve-
ment shall be located unless a sufficient outlet is provided. The words
"according to the benefits" used in this chapter in directing boards of
county commissioners to assess lands for ditches and in directing engi-
neers 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.

84 LAWS RELATING TO AGRICULTURE.

[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 any public or corporate
road, or a railroad, or will so benefit any such road that the traveled 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 tke corporation;
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 or lands which will be
drained or benefited thereby, or shall be made by the street commissioner
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.

(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 clas-s, are
hereby authorized : in any case where the action of water results in in-
jury 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 sureties,
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 for
any cause. Should the names of any person or corporation, either pub-
lic or private, who are in any way affected by the proposed improve-
ment, be omitted from the petition, it shall be the duty of the commis-
sioners, when they discover that such omission has been made, to supplv
such names, and cause notice to be served as herein provided.

Sec-. 4451a. [Notice of filing of petition ; day for hearing ; notice.] [
Said auditor shall thereupon give notice to the commissioners of the
filing of said petition, together with a copy thereof* He shall fix a day

LAWS RELATING TO AGRICULTURE. 85

for the hearing of the same — not more than thirty days from the date
of said notice. He shall prepare and deliver to said petitioners, or any
one of them, a notice in writing, directed to the lot or landowners and
to the corporations either public or private affected by said improve-
ment, setting forth the substance, pendency and prayer of such petition,
a copy of which notice shall be served upon each* lot or land owner
or left at his or her usual place of residence, and upon an -officer or
agent of each public or private corporation having its place of business
in the county, < at least fifteen days before the day set for hearing, and
the person who serves such notice shall make return on the notice,
under oath, of the time and manner of service and file the same with
said auditor on or before that day. Said auditor shall, at the same
time, give a like notice to each non-resident lot or landowner by pub-
lication 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. 4452, I 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 premises
along and adjacent thereto and to be drained or benefited thereby, deter-
mine 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 improvement 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 made 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 commissioners.

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 accord-
ance 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, town-
ships and county lines, landmarks, bench-marks and road-crossings, ftfkl
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 cost
per cubic yard for each working section as hereinafter provided, and of
each section of one hundred feet.

86 LAWS RELATING TO AGRICULTURE.

Sec. 4455. [Engineer must 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 specification of
the manner in which the improvement shall be made and completed, the
number of flood-gates, waterways, farm crossings and bridges neces-
sary, including kinds and dimensions thereof, and all county and town-
ship 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 meandering^ of the proposed
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 and the gradient fixed, and the county
survevor 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 to make it fair and just, in proportion to benefits, and if neces-
sary, in their opinion, they may adjourn the further hearing not exceed-
ing twenty days, unless for good cause, further time is necessary, to a
day to be fixed by them and go upon the premises, and view the same and
apportion the entire cost of location, and construction or any 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 as-
sessed by the commissioners, such parties shall be notified as provided
in section four thousand four hundred and fifty-seven, and the com-
missioners shall, on the clay fixed in said notice, again meet at the aud-
itor'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 tour hundred
fifty-nine, any lot of land upon which such assessment is made be sub-
divided 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 numbe: of feet or acres thereof, that
each may own, and certify the same to the treasurer, whose duty it shall
be to collect such -assessment from each of such owners as so certified.

LAWS RELATING TO AGRICULTURE. 87

Sec. 44596. [Re-apportionment by county commissioners.] If at

any time after the apportionment by the auditor as provided for by sec-
tion four thousand four hundred and fifty-nine (a), any person interested
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 Jhef ore
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 per-
son 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 ap-
plication in writing for a change or alteration of the line of the ditc\
through their premises, and a failure to make such application shall be
deemed and held to be a waiver of all rights thereto.

Sec. 4461. [Commissioners to fix compensation and damages "r
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 per-
son or corporation making application therefor as provided in section
four thousand four hundred and sixty, and without such application, to
each idiot, insane person, or minor owning lands taken or affected by
the improvement. But such compensation shall be computed 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 consideration the appli-
cation 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 altera-
tion;

[Expenses, how defrayed.] And all expenses attending the
making said alteration and change, with the increased cost of con-
struction, if any, shall be charged to the party or parties benefited there-
by, which shall be collected and paid by them as other ^assessments.

[When compensation paid by county or jointly.] When the al-
lowance for compensation and damages is fixed and determined as pro-
vided in this section, the commissicnr^s shall consider and determine
according to their best knowledge and judgment the proportionate bene-
fits to accrue from the construction of the proposed improvement. If
they shall find that the public health, convenience or welfare will be pro-
moted by said improvement, and that the same is of sufficient importance
to the public cause the damages and compensations which have been as-
sessed 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.

88 LAWS RELATING TO AGRICULTURE.

[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 county, they shall
fix and determine the proportionate amount thereof which should be
paid by the several landowners benefited l}y 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 to each of the several complainants 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 landowners
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 commisioners shall at the final hearing before them, or within
such time as may be provided by law, file a written notice of an intention
to appeal therefrom, no further proceedings shall be had and no pay-
ments 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, con-
venience 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 apportion-
ment. 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 exceptions shall be
entered on the journal, and if they sustain the exception, 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 corp-
oration 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 will be conducive to the public health, con-
venience 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.

"LAWS RELATING TO AGRICULTURE.

89

And the appellant shall file with the commissioners, at the final hear-
g before them, a notice, in writing, of an intention so to do, and sped-
.•ing therein the matter appealed from ; the commisioners shall fix the
amount of the bond to be given by the appellant, and cause an entry
ibereof, and of the notice, to be made upon their journal ; the party ap-
pealing shall, within ten days thereafter, rile with the auditor a bond, in
the amount so fixed, with at least two sufficient sureties, to be approved
•by the auditor, conditioned to pay all the casts 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 complete transcript of the
proceedings had before the commissioners, and certify the same, to-
gether with all the 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 there-
after for the hearing of all preliminary motions, and the examination of
the papers so filed ; on the day so fixed, all preliminary motions shall be
beard and determined, as well as all questions arising upon the record, and
if he find that the proceedings are irregular in substance, 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 ap-
pealed by jury and he shall immediately notify the clerk of the court of
•common pleas and the sheriff of the county, to jpRflrtt at the clerk's office,
and the clerk and the sheriff shall proceed at once, in the 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, in the order in which they were drawn,
and certify the same to the probate judge, who shall issue a venire, com-
manding 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. 4.4.66. [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 bystanders who have the
proper qualifications.

90

LAWS RELATING TO AGRICULTURE.

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 particular mat-
ters 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 who 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 the 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.

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 there-
upon 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 prevail
as to the one, and loses as to another, the court shall determine how
much of the costs such party shall pay, but the costs on motions, con-
tinuances, 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, immedi-
ately after the trial, make a transcript 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 commissioners 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 collected as
other taxes, and may in addition thereto, sue upon the bond given for

LAWS RELATING TO AGRICULTURE. 91

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 pro-
vided 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 compensation
and damages do not obtain a greater sum than was allowed and awarrledr
to him by the order of the commissioners from which he appealed, he
shall pay all the costs created by his appeal so far as the court can ascei-
tain the same. And the commissioners shall assess and apportion the
compensation and damages found by the jury, as directed in section
(4461) forty-four hundred and sixty-one, and the commissioners 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, and the rights of each party as to com-
pensation 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 entry
to be made on their journal as may be necessary to give effect to the ver-
dict, 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 construc-
tion of the improvement at public outcry in sections not less than one
hundred feet nor more than two thousand five hundred feet in length,
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 receive all bids for the con-
struction of the improvement, and make contracts with the lowest respon-
sible bidders, and take good and sufficient bonds for the labor of the
construction of the improvement, conditioned 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 double 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. 4475a. [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 (f ) 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.

(4475-1) [Providing for inspection of drain tile.] The county
surveyor shall be authorized to receive bids for drain tile or ditch pipe,,

92 LAWS RELATING TO AGRICULTURE.

generally, at the same time and place as the balance of the ditch improve-
ment. 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, mer-
chantable, good tile or pipes, and in every particular complying with the
contract and specification, he shall issue his certificate showing the accept-
ance of the same. The auditor shall, upon presentation of such certi-
ficate to him, draw his warrant on the -treasurer 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 purpose.

Sec. 4476. [The sale, bonds of bidders, etc. ; contract and bonds
filed with auditor ; liability, etc. ] Xo 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 com-
pleted, not exceeding in any case, one hundred and fifty days from the day
1 of sale, and shall then sell each remaining working section in its order,
up stream, and require the labor on each to be completed within a time
so fixed that will, as nearly as practicable secure an outlet for the water
as each section is completed, but the commissioners may, if the construc-
tion of such work will be facilitated thereby, authorize the sale or construc-
tion of such work, or either, to be made and performed in a different
order and time from that hereinbefore 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 contracts and bonds shall be examined and approved or
disapproved by the commissioners, who shall cause an entry of their deci-
sion to be made on their journal, and the contractors to be notified of
the approval or disapproval of the contracts and bonds ; and the con-
tractor 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 there-
for, and for the payment of all labor and material and for all debts in-
curred 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 treasury 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 pro-
portioned amounts shall not be certified or paid unless the whole job
amounts to more than one thousand cubic yards. When the whole con-
tract 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

LAWS RELATING TO AGRICULTURE.

93.

within the time fixed in the contract and bond may be reestimated by
the county survevof, 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 reesti-
mate, nor a second time to the same party ; a contract and bond shall be
entered into as hereinbefore provided, but the commissioners may, for good
cause, give further time to anv contractor, not exceeding one hundred^
and twentv days : the county surveyor shall fix a time for the completion
of the work resold not exceeding one hundred and twenty days from
the date of the bond. A person or corporation who has sustained dam-
ages in consequence of the non-performance of such work may
bring suit for damages in any court of competent jurisdiction, against
any contractor failing to perform his contract, or upon the bond of such
contractor, and recover damages, as provided by law in other cases ; and
no contractor shall be prosecuted on his bond until the section below has.
been completed.

Sic. 4479^ | Commissioners to rn^ke assessments on benefited
lands.] When 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 commis-
sioners shall meet and determine at what time and in what number of as-
sessments they will require the same to be paid, and order that the assess-
ments, as made by them, be placed on the duplicate accordingly; against
all the lots or lands, or corporate roads or railroads assessed; they shall
also determine whether they will issue the bonds of the county to raise-
the money necessarv to pay 'such costs and expenses, and if they so deter-
mine, the bonds may be issued for a term of years, not exceeding twenty,
at a rate of interest not exceeding six per centum per annum, payable
semi-annually ; and they shall cause an entry to be made upon their
journal, setting forth tlieir finding and determination under this section.

Sic. 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 dupli-
cate 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 treasurer 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, annually 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 com-
missioners are hereby authorized to issue county ditch bonds not exceed-
ing 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 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 commis-
sioners, in their annual report to the court of common pleas, shall fully

94 LAWS RELATING TO AGRICULTURE.

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 corporate, roads or rail-
roads, benefited by the improvement in proportion to the apportionment
hereinbefore provided for, sufficient to pay the costs of location and the
first year's interest, and including the fees of the surveyor or engineer
made after locating, in superintending the construction of the improve-
ment, 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 be 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 commissioners, 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, whenever the
improvement will be conducive to the public health, convenience, or wel-
fare, 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 surveyor 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 especially benefited, and also the munic-
ipal 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 munici-
pal 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 auditor to the lots or
lands included therein, according to the valuation thereof for taxation.

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 manner and at the same time
that the commissioners are required by section forty-four hundred and

LAWS RELATING TO AGRICULTURE. 95

fifty-two to be notified ; the mayor shall notify the council of the pendency
of the petition, at its next regular meeting, or, if 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 them in regard to the improvement.

Sec. 4487. [Penalties against officers 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 jurisdic-
tion, 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.] When 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 engineer
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 improvement is located; and a
majority of the commissioners of each county, when in joint session, shall
be competent to locate and establish such ditch or improvement; but no
commissioner shall serve in any case in which he is personally interested ;
and any two commissioners may form a quorum for the transaction of
business under this chapter, of their respective 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 estab-
lishment 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 ccr'^snsation as the county commission-
ers 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 shall be assessed
in each of the counties, respectively, the board of commissioners of eithei
county may petition the court of common pleas of their county for the
appointment of three disinterested freeholders, not residents of either of
said counties who shall within thirty days thereafter, after being duly
sworn and upon actual view of said improvement, estimate and report
to said court the amount which should be charged to the land in each
county interested in said improvement respectively. The commissioners
making the application shall be plaintiffs, and the commissioners of the
other counties shall be defendants. The court wherein such petition is
first filed shall have exclusive jurisdiction. Either of the parties may,
within tea days after the filing 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

96 LAWS RELATING TO AGRICULTURE.

freeholders shall be charged to the parties as the court may determine.
After final determination the clerk of said court shall send a transcript of"
said proceedings duly certified to the commissioners of each county, who-
shall make the apportionment of costs of location and construction as ire
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 commis-
sioners, if they find the route proposed is not such as best to effect 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 required, shall proceed to^
establish the route ; if the route proposed is upon a line or subdivision of
sections where a public road may be required, and in all cases in which
the route proposed is along highways already established, the commission-
ers shall locate the improvement 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 shall be so placed upon the roadways as to form
a turnpike, and no part of such earth shall be placed nearer to the ditch
than two feet; and the commissioners, 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 col-lection 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 auditor, or the--
county commissioners, in the location or establishment thereof ; nor by
reason of any error or informality appearing on the record of the pro-
ceedings to locate or- establish the same ; nor by reason of any error com-
mitted by the surveyor or engineer, the county auditor, or county com-
missioners, in respect to the letting of uncompleted work, or the levy of
any tax 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 any proceeding is brougnt to recover any tax or assessment
paid, or to declare void the proceedings to locate or establish any ditch,
or to enjoin any tax or assessment levied or ordered to be levied to pay
for the labor and expense aforesaid, shall, if there is manifest error in the
proceedings, allow the plaintiff in the action to show that he has been
injured thereby, and may, on application of either party, appoint such per-
son or persons to examine the premises, or to survey the same, or both,
as may be deemed necessary ; the court in which any such proceedings are
begun shall allow parol proof that said improvement is necessary and
will be conducive to the public health, convenience, or welfare, and that
any steps required by law for any improvement have been substantially
complied with notwithstanding the record 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 thereof, as is just and:

LAWS RELATING TO AGRICULTURE. 97

equitable, to be refunded ; and the cost of such proceeding shall be appor-
tioned among the parties, or paid out of the county treasury, ate justice
requires.

Sec. 4492. [An old ditch may 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 nartly new, or of deepening, 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 provided 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 deepen-
ing, widening, straightening, or altering any ditch, and no lands lying
below shall be assessed for the benefit of lands lying above ; but all assess-
ments 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 herein-
before 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, shall be the same, and be discharged in the same
manner as if the petition and bond were filed by a private party; and
every act necessary to secure the location, establishment, and construction
of any new improvement, or in the deepening, widening, straightening,
cleaning out, alteration, or vacation of any ditch, may be performed 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 by any person
aggrieved by a failure of the surveyor or engineer to do his duty in
the name of such party, and recovery may be had for his use and benefit ;
but if the county surveyor shall be appointed by the commissioners,
under the provisions ol this chapter, he shall be liable upon his 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, turnpike,
plank road, or other road of any corporation, at the expense of said cor-
poration, 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.

7 e. h. B.

^0 LAWS RELATING TO AGRICULTURE.

[ 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, determine
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 specifications, 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 order,
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 com-
missioners shall at once by an order duly entered upon their journal,
specify the materials to be used in the construction of said improvement,
and directing the county surveyor, or an engineer, to make suitable
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 mav 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.

Sec. 4499. [The commissioners may vacate a ditch.] The com-
missioners may, on the proper petition and bond being filed, and the
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 location and
establishment to be held for naught, if, in their judgment, the same has
ceased to be of public utility, and the public health, convenience, or
welfare no loneer demands the maintenance thereof; but private rights
of persons acquired by reason of the location and establishment 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,
convenience, 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

LAWS RELATING TO AGRICULTURE.

99

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 natural
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 necessa: y, at their March session, levy upon the grand duplicate of
the county tax not to exceed five-tenths of one mill on the dollar, suffi-
cient 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 beenv 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 improve-
ment 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
insufficient amount of such ditch improvement fund unappropriated in
the treasury for such security and payment, then an amount of the
general revenue fund in 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 com-
missioners shall, before the property for which compensation and dam-
ages 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 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 appor-
tioned, assessed and reimbursed to said funds from the collection of as-
sessments 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 section four
thousand -five hundred and one is hereby repealed.

Sec. 45010. [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 the money necessary to pay such compensation and dam-
ages, or any part thereof, and if so determined, the bonds shall be issued
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. 4501'?. [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,

100 LAWS' RELATING TO AGRICULTURE.

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 assess-
ment.] 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 hold-
ing 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 maw
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 pur-
pose 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 commissison-
ers of any county wherein a ditch improvement is ordered, whether the
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 constitute
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 folio wing fees shall be al-
lowed for services actually rendered under the provisions of this chapter:

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
to 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
cents ; 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

LAWS RELATING TO AGRICULTURE. 101

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 centb ;~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 petson* ftfjmed
therein; for serving and returning venire for jury, traveling *foes in-
cluded, to be paid by the county, four dollars, and for caljing/ja^h tales-
man to fill the panel fifteen cents ; for each day's attendance-' with the? jnf.y ;
on 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.

The person appointed by the commissioners to examine and report as
to the cleaning out of a ditch shall receive two dollars per day for each
day actually employed therein, and in the examination of work performed.

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 chairman, 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 and 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 there-
after, nonpareil estimate.

Sec. 4507. [How the same to be paid.] All fees under this
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-imbursed 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-
ing 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

102 LAWS RELATING TO AGRICULTURE.

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 maybe 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
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-
pense thereof to such person or persons, and collect the same from such'
person or persons by 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-tzvo 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. [Sec I.] [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 iir
all cases where the commissioners of any county in this state shall cause
to be constructed, enlarged, cleaned out or repaired, any ditch, drain orr

LAWS RELATING TO AGRICULTURE. 103

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
an 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-
structed, but before any work shall be begun in the construction, enlarg-
ing, cleaning out, or repairing of any ditch, drain, or watercourse in either
of said counties, the amount to be paid by the commissioners 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 deter-
mined, the sum which the commissioners 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 county 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.

See also § 4488.

[Sec] 4510-2. [Sec. 2.] [Proceedings on failure to agree or
pay.] On failure to agree or pay, as provided in the preceding sec-
tion, the commissioners of either of said counties may commence in the
probate court of either of said counties within twenty days of the meet-
ing mentioned in the preceding paragraph, their action against the com-
missioners so failing to agree or refusing to pay, setting forth the fact
that proceedings have been begun for any such improvement, and the
reason why the commissioners of the upper county should pay to the
commissioners of a lower county, a compensation for such outlet, or pro-
posed outlet, and the failure to agree or pay, as provided in the preceding
paragraph, and praying for the relief herein (after) provided for. Said
probate court, before whom said action is commenced, shall, within 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 commis-
sioners of said other county, that an action has been commenced in ac-
cordance with section 2, 4510-2, of this act. Said summons shall con-
tain a copy of the petition, and the time and place of hearing, be served

104 LAWS RELATING TO AGRICULTURE.

and returned as in other cases, and such service shall be not less than ten
days before the day of hearing. Proceedings after service and return
shall be the same as in other similar cases, before probate court.

(4510-3) Sec. 3. [Further proceedings on failure to agree or
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
probate 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
court in which such proceedings were commenced, giving names and
postoffice adress of those appointed, and the said court in which proceed-
ings 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 thereafter,
upon actual view cf 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 any
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 free-
holder 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, and report the same as herein provided.

(4510-4) Sec. 4. [Abandonment by commissioners of upper
county.] The commissioners of the upper county referred to in sec-
tion three [§(4510-3)] of this act, may abandon any such proposed im-
provement, if in their judgment the benefits to be derived from said
proposed 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.

(4510-5) Sec. 5. [Compensation of commission.] The court
shall fix the compensation of the appointees aforesaid, which compensa-
tion shall be taxed as costs in the case, and shall be paid out of the treas-
ury of the county against whose commissioners the costs are adjudged.

(4510-6) Sec. 6. [Expense; how apportioned.] The court
shall order the commissioners of the upper county to apportion and assess
the amount mentioned in 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 sakl upper county was
apportioned and assessed ; hnd the court shall further order said com-
missioners 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

LAWS RELATING TO AGRICULTURE. 105

county against such lands for collection. If proposed improvement be
abandoned 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.

(4510-7) Sec. 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 warrant
of the auditor of said county.

(4510-8) Sec. 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.

(4510-9) Sec 9. [Duty of township trustees.] Whenever the
trustees 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 between
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 commissioners
of the county upon or into which said water is emptied, may commence
and maintain the same proceedings against said trustees as are herein-
before provided for between the commissioners of adjoining 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.

(4510-10) Sec. 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
conducted 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
shall so agree ; but in all cases where such commissioners do not agree or
<letermine to proceed under the laws for the construction of joint ditches,
and the board of commissioners of said lower county unanimously agree
that such improvement is necessary or will be conducive to the public
"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.

(4510-11) [Cleaning, repairing or enlarging joint county ditch;
how cost of apportioned.] When a ditch needs to be cleaned out, re-
naned or enlarged which has been located in more than one county,

106 LAWS RELATING TO AGRICULTURE.

any owner of any lot or tract of land which was assessed for its con-
struction, may make a statement to the county commissioners, of either
of said counties, in writing, setting forth such necessity, and the com-
missioners shall forthwith appoint a disinterested freeholder of the county
or an engineer, to examine the ditch, whose compensation 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 estimate of the amount
of work to be done and the amount of money required 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 neces-
sity for the improvement arose from the acts or neglect of any land-
owner or corporation, in which case such act or neglect shall be con-
sidered. Such freeholder, or engineer shall return 'his estimate and
assessments to the aforesaid commissioners in writing, whereupon said
commissioners shall notify the commissioners of any other county in-
terested in 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 appoint a day for hearing the same in joint session, and di-
rect a like notice to be given to all land and lot owners and corpora-
tions affected thereby, as is provided in case of the apportionment in
the construction of a like ditch when they may 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 coun-
ties shall place the same upon the duplicate 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, and the contractor shall
be paid by the warrant of the proper auditor on the county treasurer
out of the assessments so made, and paid upon certificate of such free-
holder or engineer, that he has performed his contract ; but if, at the
presentation of any certificate, all the assessments have not been paid,
payment shall be made thereon pro rata.

UNDER-GROUND DRAIN.

(4510-12) Sec. t. [Outlet for underground drain.] When
ever it becomes necessary to enter upon the lands of another to secure
an outlet to an under-ground drain or ditch, the person so entering
upon the lands of another shall be required to continue said under-ground
drain to such place for an outlet as shall not damage said lands by the
water emptying upon the same.

(4510-13) Sec. 2. [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 rea-
sonable share of the cost of drain upon said premises, and be permitted
to use the same as an outlet for such drains as he may see fit to make.

(4510-14) Sec. 3. [Township trustees to locate drain when
property-owners can not agree. 1 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 townships shall locate said under-ground drain, specify size and quality

LAWS RELATING TO AGRICULTURE. 107

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 properly
completed; provided, if the trustees deem it best, they may proceed 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 determined by such-
trustees, the other party may bring action therefor before any justice-
of the peace of said township, and pursue the same to judgment andi
execution.

(4510-15) Sec. 4. [Damages to crops.] That in the construc-
tion 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.

(4510-16) Sec. 5. [ 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 su-
pervisor of such public highways, to a depth sufficient for the proper
drainage of such highways.

SINK-HOLES AND FISSURES.

(4510-18) Sec. 1. [Sink-holes, etc., may be opened, etc.] The
commissioners of any county and the trustees of any township may, as
hereinafter provided, at any regular or called session of their respec-
tive 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.

(4510-19) Sec. 2. [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, and shall be filed with the auditor of the county if to
the commissioners, and with the township clerk if to the trustees, and
shall set forth the necessity of the improvement and describe the lo-
cation 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 suffi-
cient 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.

(4510-20) Sec. 3. [Commissioners or trustees to determine
whether improvement necesary.] If the bond be approved by the au-
ditor 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 engi-
neer, if in their opinion his services are necessary, and at once proceed

108 LAWS RELATING TO AGRICULTURE.

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 welfare :
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.

(4510-21) Sec. 4. [Proceedings if finding for or against; report,
estimate, and plat to be filed by engineer. J 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 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
public and private corporation and county and township by reason of
the flow of water as aforesaid, of the whole amount of the 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.

(4510-22) Sec. 5. [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 ; he shall prepare and deliver to the petitioners, or any one of
them, a notice in writing, directed to the resident lot or landowners,
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 townships, 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 dav set for
the hearing, which notice shall be verified by the affidavit of the printer

LAWS RELATING TO AGRICULTURE. 109

or other person knowing the fact, and filed with the auditor or clerk,
as the case may be, on or before that day.

(4510-23) Sec. 6. [Public or corporate road to be assessed if
benefited.] When the improvement will benefit any public or "corpor-
ate road, or if the water from any such road will drain therein, there
shall be assesed to the county, if a county road, state road or free turn-
pike, to the township of [if] a township road, or to a corporation if a
corporate road or railroad, a proper share and percentage of the whole
costs and expense thereof.

(4510-24) Sec 7. [Meeting for hearing; proceedings.] The
county commissioners, in case the proceeding is before the commis-
sioners, 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 fixecf
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 surveyor or engineer and the apportionment by him
made, and ij it is in all respects fair and just, they shall approve and
confirm the same.

(4510-25) Sec. 8. [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 unjust 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
necessary, they may adjourn the further hearing not exceeding twenty
days, to a day to be fixed by them, and go upon the premises and, by
actual view, apportion the entire costs of location and excavation and
construction or any part thereof, as may seem just and proper, and on
the day so fixed they shall again meet and determine the apportionment,

(4510-26) Sec 9. [Assessments according to benefits.] All
lots and lands and public and private roads and railroads shall be as-
sessed 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
channel, the same shall be considered benefited by such improvement,
and shall be assessed therefor.

(4510-27) Sec to. [Compensation and damages.] Applica-
tion for compensation and damages may be made, and if made in pro-
ceedings 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.

(4510-28) Sec 11. [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,

110 LAWS RELATING TO AGRICULTURE.

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 im-
provement ; all contracts to be let by the cubic yard for excavating, and
by the perch for masonry, and no contract shall be entertained which
exceeds the estimated value as reported by the surveyor or engineer;
and the person so conducting said sale shall immediately deliver 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 com-,
missioners or trustees, as the case may be, before they become binding
upon them ; and the contractor shall be liable on his bond so given for
all delavs after the expiration of the time named therein for the com-
pletion 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.

(4510-29) Sec. 12. [Work; how done and paid for.] The work
shall be done under the supervision of a competent surveyor or engineer,
who shall give to the contractor a certificate therefor when completed,
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 treasurer
of the county, if the proceedings were before the commissioners, 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.

(4510-30) Sec 13. [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 ex-
pense of the contractor 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
hereinbefore provided, but the commissioners or trustees, as the case
may be, may, for good cause, give further time to the contractor, not
exceeding sixty clays ; 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 perform his con-
tract, and recover damages as provided by law in other cases.

(4510-31) Sec. T4. [Compensation and damages; how as-
sessed; bonds.] When 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

LAWS RELATING TO AGRICULTURE. Ill

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 determine 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 expenses, and, if
they so determine, tiny 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.

(4510-32) Sec. 15. [Tax; how collected and accounted for.]
When the commissioners or trustees, as the case may be, make an as-
sessment, 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 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 treasurer as
taxes ; provided, that if the same are not paid in one year they shall be
placed upon the general duplicate for collection as delinquent 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.

(4510-33) Sec. 16. [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 informality
appearing in the petition or record of the proceedings, or by reason of
any want of notice hereinbefore provided for.

(4510-34) Sec. 17. [When bonds issue, 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 ex-
penses of the construction of any -improvement herein authorized and
provided for, they shall make an assessment upon all lots, lands, public
or corporate roads or railroads benefited by the improvement, or the
surface waters of which flow and drain into such sink-hole, fissure, break
or opening in the earth or rock thereof, in proportion to the apportion-
ment 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 the money for the prompt payment of such bonds. All
bonds issued by the commissioners shall be signed by them and counter-
signed by the auditor, who shall affix his seal thereto, and all bonds
issued by the trustees shall be signed by them and countersigned by the
township clerk, and no bond shall be sold for less than its par value ;

112 LAWS RELATING TO AGRICULTURE.

and the money arising therefrom shall be used for no other purpose
than the construction and expense of said improvement.

(4510-35) Sec. 18. [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
application 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 com-
missioner or trustee shall serve in any case in which he is personally
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.

(4510-36) Sec. 19. [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-five dollars
for every such neglect, to be recovered before any officer having juris-
diction, in the name of the state, for the benefit of the common schools
of the county, at the suit of the party aggrieved thereby.

(4510-37) Sec. 20. [May provide for cleaning ditch, drain, or
water-course.] The commissioners of the county or the trustees of
the township, as the case may be, may hear and determine under the
same petition, the necessity of cleaning out any ditch, drain or water-
course, the outlet of which is such sink-hole, fissure, break or opening
in the earth or rock thereof, sought to be improved, as the necessity
of the case requires, and shall order such entry to be made in their jour-
nal as in their judgment is required. All estimates, either by the sur-
veyor or engineer, or commissioners or trustees, shall be made in the
manner provided in this act.

(4510-38) Sec. 21. [Fees for services, etc.] The fees for ser-
vices 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.

(4510-39) Sec. 1. [Joint inter-state county ditches; petition;
bond; notice from official of other state; order for consultation and
meeting 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 for the 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 benefit
to the public health, welfare or convenience, and describing the point
of beginning, route 'and terminus thereof, together with a bond, with
two sureties, approved by the county auditor, in the amount of two

LAWS RELATING TO AGRICULTURE. 113

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 which the route of
said improvement as described in said petition would pass, setting forth
that the proper papers are filed, and that 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 author-
ized and empowered to instruct the auditor of their county to consult
with the proper official of the county 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.

(4510-40) Sec. 2. [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 any county of Ohio in which land is situated which will be affected
by the prayer of said petition, a copy of each of which shall be attached
thereto.

(4510-41) Sec. 3. [Meeting and organization of joint board.]
Having 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 a 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 ; pro-
vided, that the president and clerk shall not both be selected from the
board representing the same state.

(4510-42) Sec. 4. [Vote of Ohio members.] Without regard
to number of each board present, the members from Ohio shall have the
casting of one-half ($) of all votes on all questions, which vote shall be
represented equally by the different members present of the board or
boards from Ohio.

(4510-43) Sec. 5. [Adjournment for lack of quorum.] If the
board of the different counties of the state, or a quorum of the board
of each county affected, fail to meet, they shall adjourn until such time
as they shall receive notice, as provided in sections one (1) and two (2)
[§§(4510—39), (—40)] of this act.

(4510-44) Sec. 6. [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 in section
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 improvement so prayed
for is necessary, and wfll be conducive to public health, welfare or conven-
ience, and that the route prayed for is the best one to accomplish the de-
sired relief, they shall proceed to locate the ditch, or order the widening
or deepening of the ditch, drain or water-course in substantial conformity

8 F. H. B.

.114 LAWS RELATING TO AGRICULTURE.

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 contingent
results ; and may locate all the necessary branch ditches ; but if they find
against the location, deepening or widening of said improvement, no
further proceedings shall be had under this petition, after said report, and
the costs shall be collected of the petitioners and their bondsmen.

(4510-45) Sec. 7. [Power of joint-board to locate.] The joint-
board 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.

(4510-46) Sec. 8. [Employment of engineer to determine
proper route.] If the joint-board find it necessary to employ an en-
gineer to determine the proper route on which the ditch or its branches
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 con-
venience.

(4510-47) Sec. 9. [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.

(4510-48) Sec. 10. [Adjournments.] In their view of route
and deliberations over the same, the members of Ohio of the joint-board
may adjourn from time to time, not exceeding in the aggregate sixty
(60) days.

(4510-49) Sec. 11. - [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.

(4510-50) Sec. 12. [Engineers to locate ditch.] After the ad-
journment of the joint-board, if their report is in favor of the location,
the members of said board from Ohio shall proceed to select a competent
engineer, to meet one to be appointed by the proper authorities of the
.other said state joining with them in the proceedings.

(4510-51) Sec. 13. [Bond.] It shall be the duty of the engi-
neer 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 faithful
performance of his duties as said engineer.

(4510-52) Sec. 14. [Staking improvement; grade megs and
bench-marks.] The said engineer shall proceed, with the duly ap-
pointed engineer from the adjoining state joining in the matter, to defin-
itely 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 opposite
such numbered stake, from which all measurements shall be based and
permanent bench marks shall be established, on or near line of 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.

•LAWS RELATING TO AGRICULTURE. 115

(4510-53) Sec. 15. [Plat and profile; schedules; list of lands
affected 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 necessary 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 or rail crossings,
together with all lands or lots affected by this improvement, properly
and accurately located thereon. The profile 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, show-
ing necessary widths, top and bottom, and depth at each stake, together
with the number of cubic yards in each one hundred lineal feet of ditch,
and also the total number 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 in 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 construction of that
part of ditch situated in each state, together with an estimate of total
cost of location. They shall also in their report make an apportionment,
as they think fair and just, of the costs of location and construction
between the two states.

(4510-54) Sec. 16. [Copy of engineers' 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 state. '

(4510-55) Sec. 17. [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 received.
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 commissioners of the recep-
tion of said report and the time and place of meeting.

(4510-56) Sec. 18. [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.

(4510-57) Sec. 19. [Amendment or approval of report; copy
of report; called meetings.] They shall approve, or amend and ap-
prove, of the reports so filed by the engineers. And the report so ap-
proved by them, shall be a final division of the estimated costs of con-
struction, 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 county affected in Ohio. Their ad-
journment shall be subject to a call of the majority of the members of
either state, notice of which shall be given as provided for in preceding
section.

(4510-58) Sec. 20. [Power to enter upon lands.] The proper
authorities in the adjoining state, joining with the counties in Ohio, are

116 LAWS RELATING TO AGRICULTURE.

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 assigned them
to do by the joint-board when in session, as provided for in this act.

(4510-59) Sec. 21. [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 affected,
submitted by report of engineers of joint-board.

(4510-60) Sec. 22. [Further proceedings; assessment of lands
not contained in engineers' 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 tzventy [§(4510-58)] of this act, shall have authority to assess
any other lands not mentioned in first report of engineers, provided for
in section sixteen [§(4510-54)] of this act, as they may deem to be bene-
fited thereby ; provided, that the owners of said lands shall have due
notice thereof.

(4510-61) Sec 23. [Work beyond state limits.] The commis-
sioners 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 watercourse, 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 existing stat-
utes for similar duties ; provided, that the necessary privilege 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.

(4510-62) Sec 24. [Fees.] The fees of all officials and assist-
ants under this act, shall be the same as for like services in county ditch
work.

(4510-63) Sec 25. [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 incurred,,
shall be paid out of the county fund.

JOINT INTERSTATE COUNTY DITCHES.

(4510-64) Sec 1. [Joint interstate county ditches; commis-
sioners may enter into agreement for construction.] The commission-
ers 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 watercourse in such county, the waters from which flow into or
through an adjoining county in another state, are of the opinion that
the outlet for such proposed improvement is insufficient, may, and they are
hereby authorized to enter into an agreement with the commissioners
or other proper officials of such adjoining county, for the construction
or improvement of the outlet for such ditch, drain 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 com-
missioners and the proper officials of the lower countv for the construe-

LAWS RELATING TO AGRICULTURE. 117

tion or improvement of such outlet, which amount shall be payable into
the treasury of such lower county upon the completion of the improve-
ment 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 im-
provement 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 expenses,
including the amount agreed to be paid to such lower county, in the man-
ner providev- by section 4479 of the Revised Statutes of Ohio.

(4510-65) Sec. 2. [Improvement of outlet of ditch, etc., in this
state; agreement by commissioners.] Whenever the commissioners
or other proper officials of a 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 county 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 assessments 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.

(4510-66) Sec. 3. [Terms of agreement set forth on commis-
sioners' 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 particularly 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 county to the
lower county for the improvement of such outlet, and the time and man
ner 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 governed
by the provisions of law providing for the location and construction of
countv ditches.

118 LAWS RELATING TO AGRICULTURE.

TOWNSHIP DITCHES.

Sec. 451 i. [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, turn-
pike 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 trustees to assess land for
ditches and in directing engineers to report assessments 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 through 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 pur-
chase a sufficient number of printed blanks for all petitions, notices, cer-
tificates, statements and bonds, which are necessary to be filed or given,
and one ditch journal, to be paid for out of the township fund; but
nothing in this section shall be taken to prevent the use of written peti-
tions, 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 substatial description of the pro-
posed starting point, route, and terminus, and a bond with good and
sufficient sureties to the acceptance of the clerk, conditioned to pay all
expenses incurred if the trustees refuse to grant the prayer of the peti-
tion; and the township clerk shall give notice to the trustees of the
filing and pendency of the petition, and the trustees shall immediately
designate a time and place when and where they will meet to hear the
petition and complete their proceedings thereunder.

Sec. 4514a. I Joint township ditches; application; surveyor's re-
port^ When a ditch or improvement is proposed, which will require
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 townships

[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 assessment

LAWS RELATING TO AGRICULTURE.

11£

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 townships 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 im-
provement, but no trustee shall serve in any case in which he is per-
sonally interested, and all laws in force as to the location and establish
ment 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 en-
acted providing for the cleaning out of township ditches, shall be appli-
cable 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 estab-
lished 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 proceedings
shall be had as is authorized by law for the cleaning out of township
ditches.

Sec. 4515. [Notice to land-owners of filing the petition.] Upon
the filing of such petition and bond the clerk shall prepare the necessary
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 pro-
ceeding ; 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 county, 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 consecutive weeks, in some newspaper pub-
lished or of general circulation in the county.

Sec. 4516. [When action may bt urought 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 trustees
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 evidence of such indebtedness.

120 LAWS RELATING TO AGRICULTURE.

Sec. 4517. [Proceeding does not abate by death of party.] The
death of a party in interest shall not work an abatement of the proceed-
ings, but the trustees, being notified, shall order the notice provided in
section forty-five hundred and fifteen to be given to the person 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 there-
for to the clerk of the township, on or before the day appointed for hearing
the petition, which application shall be laid by the clerk before 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 before the order of the trustees establishing
and locating the ditch is entered upon the township record ; and on failure
to make such application 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 con-
struct: 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 appear to the trustees that any
person who may be interested in the ditch'has not been notified as required
by this chapter, or that any requisite preliminary steps have not been taken,
they shall adjourn to some future time, not exceeding twenty days, and
order such notice to be given, or such preliminary steps to be taken ; and
a majority of the trustees shall be competent to perform any of the re-
quirements of this chapter.

Sec. 4520. [Township ditches; duties of trustees; proceedings
when they find in favor of ditch.] If the trustees find that the bond
has been filed and notice given, they shall proceed to hear and determine
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 assist-
ance as they need? and may adjourn from day to day, to complete their
report and finding, and when their finding is in favor of such ditch and
their report filed 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 trustes 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

LAWS RELATING TO AGRICULTURE. 121

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 benefitted by said ditch, and the same shall be a lien
on said lands, the same as other taxes, and apportionment shall
be certified by the clerk to the county auditor within forty 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 col-
lected shall be paid over to the township entitled 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 established.] 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
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 portion
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 par-
ticular 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 incurred, 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 tzventy-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, for 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.

122 LAWS RELATING TO AGRICULTURE.

Sec. 4526. [Ditch to be divided into sections.] The trustees, in
locating and establishing a ditch, shall divide the same into suitable sec-
tions, 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 pi ascribe 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
urder 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 recording
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 shall 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 crossings,
and the persons owning the land upon which the same may be erected
shall thereafter keep the same in good repair.

LAWS RELATING TO AGRICULTURE. 123

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 fence crossing or
other part of such ditch, and permit such obstructions to remain after
ten days' notice in writing by the trustees, the trustees shall sell out
the work of removing such obstructions and hindrances y.o 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 proceedings to collect the amount necessary to pay the pur-
chaser for the work shall be the same as are provided in section forty-five
hundred and forty-seven.

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 clerk 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
jot 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
preliminary questions pertaining to the case.

Sec. 4535. [Notice to land-owners.] The appellants shall serve
the notice by copy on all persons 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 proof
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

124 LAWS RELATING TO AGRICULTURE.

all preliminary questions pertaining to the case, and if he find that the
appeal has not been perfected according to this chapter, he shall dismiss
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-
visions of this chapter, he shall select a jury of twelve disinterested free-
holders of the county, not resident of such township, who shall consti-
tute a jury for such case, and shall issue, over his hand and seal of office,
a notice of such selection, directed to the sheriff of such county, re-
turnable 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 tales-
men as in jury cases in the courts of common pleas ; the plaintiffs shall
be entitled to two and the defendants two peremptory challenges, and
may make any number of challenges for the causes for which chal-
lenges are allowed in the court of common pleas ; and in respect to chal-
lenges, 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 ren-
der a verdict in writing, and shall find therein : first, whether it will be
conducive to the public health, convenience, or welfare, to cause the pro-
posed ditch to be established or located ; second, the amount of com-
pensation 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 damages resulting to
all parties claiming the same; and the judge is authorized 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 proceedings
had in the case before 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 pro-

LAWS RELATING TO AGRICULTURE. 125

ceedings 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 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 allowed_one
dollar and fifty cents per day each, together with mileage 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
before 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. 4543. [How trustees to proceed if no appeal.] As soon as
an appeal shall be perfected from the decision of the township trustees,
all further proceedings before them on the petition shall be stayed ; but
if no appeal be taken, the trustees, upon the expiration of the time speci-
fied by them for the 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 trustees
shall specify in the bond ; but if any such person, 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 immediately proceed to sell
such unfinished work by such sections to the lowest bidders, by setting
up 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 shall take such bond or other security for the performance of
such work as they may deem proper.

Sec 4544. [At what price work may be sold.] Before the work
of constructing such ditch shall be sold by the township trustees, they
shall make a fair and impartial estimate of the cost of the work, which
estimate shall be entered upon the ditch journal, and the work shall
not be sold for a sum exceeding such estimate ; and the fees and allow-
ances in all such proceedings, 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 by the person whose section of
such ditch shall be sold, and collected and paid out as provided in sec-
tion forty-five hundred and forty-seven.

Sec. 4545. [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 comply with the conditions of the bond
within ten days after the time specified in the bond for the completion
thereof, he shall be held liable on the bond to pay all costs and expenses
incurred, and shall pay all damages and costs of prosecution arising in
consequence thereof; and the township trustees shall immediately bring

126 LAWS RELATING TO AGRICULTURE.

suit in the name of the township, before any court having competent jur-
isdiction, 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 therefrom, shall be prima facie
evidence of such indebtedness ; and the trustees shall immediately pro-
ceed 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 complete 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 default,
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 assessed ;
and the auditor shall place the same on the duplicate, to be collected
as other state and county taxes are collected ; and the trustees 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 pur-
chase 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-
pealing 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 any person
fail or refuse to pay his apportionment of costs of locating and 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 trus-
tees shall pay out the same in conformity with the record on the ditch
journal.

Sec 4550. [When a person injured may sue trustees 1 Who-
ever sustains damage by the failure of the trustees to perform anV dutv
imposed upon them by this chapter, may recover the same bv "action
against them before a justice of the peace. y

LAWS RELATING TO AGRICULTURE. 127

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 trustees
may re-establish the ditch on the original route, and determine the depth,
width, and flare, and divide the same into suitable sections, and appor-
tion the same as provided in this chapter, and make a full record of such
proceedings, and the record thus made shall thereafter, be deemed con-
clusive evidence of the original capacity and apportionment 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 surveyor,
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 any 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 proceeding is brought to recover any 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 construction of
a ditch, shall proceed in the same manner, and exercise the same authority
over said ditch proceedings or any part thereof, as is prescribed and
granted to such court in section forty-four hundred and ninety-one of
the Revised Statutes, and all acts amendatory thereof or supplementary
thereto.

REMOVAL OF DRIFT.

Sec. 4561. [Who may remove drift on another's land, and when.]
Any person who may be injured by reason of any drift of wo'od, or other
substance, casually produced in the channel of any stream or water-
course, upon the lands of another after three days' notice previously
given in writing to the owner, or occupant of such lands, if 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 entering, shall
remain liable, as at common law, for any injury done or committed 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 obstruction may be
situate, any of the substances composing such drift or other obstructions.

128 LAWS RELATING TO AGRICULTURE.

Sec. 4562. [Commissioners may remove drift for protection of
roads 1 The commissioners of any county are authorized to cause to
be removed from any river or watercourse within their county, any dnit
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 remov-
ing such drift and timber, the starting point and terminus, with a de-
scription 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 person
resident of the county, who shall go upon the line of such river or water-
course, 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
watercourse 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 commissioners,
after receiving the report from such person, notify the commissioners of
the same, and if the report recommends the clearing of the river or
watercourse, the commissioners shall proceed to let the same at public
sale to the lowest bidder, whose bid is not tv/enty 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 certificate to the
person performing the work for the sum due.

Sec. 4566. [Costs and expenses to be paid out of bridge fund.]
All the costs of letting and clearing such river or watercourse, 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 commissioners of any county may,
whenever in their opinion the same will be conducive to the public
health, convenience, or welfare, upon petition of the owner of any land
adjoining or adjacent to any stream of living 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. 4567a. [County commissioners may remove certain mill-
dams as a sanitary measure.] The county commissioners of any
county may, whenever in their 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, remove
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.

LAWS RELATING TO AGRICULTURE. 129

Sec. 4567b. [Applications for; how made; bond; duty of county
auditor; principal 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-thifds of said owners, stating the neces-
sity 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 commissioners of
the filing and pendency of the petition, and the commissioners shall im-
mediately designate a time and place when and where they will meet to
hear the petition and complete their proceedings thereon, and the prin-
cipal petitioner shall cause notice in writing to be given to the 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 hear-
ing 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 inter-
ested 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
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, convenience or welfare, 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 re-
moval 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 exceeding 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

9 F. H. B.

130 LAWS RELATING TO AGRICULTURE.

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 remove the
same, so that the waters of such stream shall pass through without hin-
drance, and the necessary cost of removing said mill-dam or mill-dams,
as estimated by said engineer or surveyor, together with all other tax-
able 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-dam or mill-
dams, as reported by the surveyor or engineer.

[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, or 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 re-
spects shall be taken to determine the amount of damages to be awarded
to land owners affected, as is provided in the statutes as to the location
and establishment of county ditches, and if the lands affected are situ-
ated 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
deemed 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 bargain 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 duplicates, 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 commissioners and said
mill-dam owner or owners, or fixed by the Commissioners or otherwise
m 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.

u JP°lle?,tion ,anid disbursement of assessments.] Said assessment
shall be collected the same as other assessments against real estate and

LAWS RELATING TO AGRICULTURE. 131

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 of the county treasury 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 hundred
and seventy-seven and forty-four hundred and seventy-eight of the Re-
vised Statutes of Ohio.

Sec. 4568. [Application therefor, and bond.] All applications
by the owner of land adjoining or adjacent to any such stream, shall 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 in-
curred in case the county commissioners refuse to grant the prayer of
the petition; and thereupon the county auditor shall give notice to the
commissioners of the filing and pendency of the petition, and the com-
missioners shall immediately designate a time and place when and where
they will meet to hear the petition and complete their proceedings
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 preliminary 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 conducive 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

132 LAWS RELATING TO AGRICULTURE.

sections, not less in number than the owners of land sought to be affected,
and shall also prescribe the time in which the work on the improvement
shall be completed and by whom to be done; and they shall allow all
reasonable fees, costs, and expenses incurred in viewing and apportioning
such improvement, to be paid out of the county fund ; and whenever the
commissioners deem the same right and just, they shall assist in the
clearing of any such stream, by common levy, not to exceed five-tenths
of one mill on the dollar's valuation in any year in their county.

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 of the notice and petition, as required by sections forty-five hun-
dred 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 commissioners 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 interested
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 commissioners, 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, indorsed 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 transcript, 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 constituted jurv for
such case, and shall issue a venire, directed to the sheriff of such county,
returnable on a day therein named, not exceeding thirty davs, which
shall specify the time of meeting of the jury in the probate court.

LAWS RELATING TO AGRICULTURE. 133

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
interested in the improvement reside out of 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 published for three successive weeks in
some newspaper printed or of general circulation in the county pand
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 improve-
ment will be conducive to the public health, convenience, or welfare, 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, and shall also make such order as to pay-
ment of costs as are provided by law in similar cases, which costs, together
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 more persons have appealed, and the report of the
jury be for some and against the other appellants, 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, together with mileage 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 tjme
specified by them for finishing the improvement, and upon being 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 first giving notice of such sale at least two weeks in some newspaper
of general circulation in the county where such improvement is located,
specifying the time when such work shall be completed, and they shall
take such bond, or other security, for the performance of such work,
as they may deem proper ; and immediately after the sale they shall
certify to the county auditor the amount each section sold for, together
with a correct description of each piece of land, and the auditor shall
place the same on the duplicate, to be collected as other state and county
taxes are collected.

134 LAWS RELATING TO AGRICULTURE.

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.] County
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.

CLEANING AND REPAIR OF DRAINS AND WATERCOURSES.

(4584-1) Sec. 1. [Township ditch supervisor.] That in any
township in which there have been located and established county or
township ditches, or in which county or township ditches may here-
after be located and established, there may at the time and in the manner
provided by law for the election of township officers, be elected a town-
ship ditch supervisor, who shall serve for a term of three years, and
until his successor is elected and qualified. In case a vacancy occurs
in this office, by resignation or otherwise, the township trustees shall
fill said vacancy by appointment-, until the next annual election.

(4584-2) Sec. 2. [Oath, bond, etc.] Before entering upon the
duties of his office the township ditch supervisor shall take an oath of
office, and shall give bond, with sureties approved by the trustees, in
such sum as they determine, payable to them, and conditioned for the
faithful performance of his duties as such ditch supervisor, and said
bond shall be recorded by the township clerk, and filed with him, and
be carefully preserved.

(4584-3) Sec. 3. [Supervisor to redivide all ditches into the
original working sections assessed to owners for construction, wid-
ening or deepening.] It shall be the duty of the township ditch super-
visor to divide all township ditches into the working sections assessed
to the lot and landowners, corporate roads, railroads, township and
county, for the construction thereof, or for the deepening and widening
thereof; and to divide all county ditches into working sections propor-
tionate to the assessment upon lot and landowners, corporate roads, rail-
roads^ township and county, for the construction, or for the deepening and
widening of the same. In all of said divisions into working sections,
the latest apportionment made under petition shall be taken as the basis
of said division. Provided, however, that in case the record of any
ditch proceedings has been lost or destroyed, the township trustees shall
reapportion same according to section 4551 R. S., and furnish a copy
thereof to the township ditch supervisor.

(4584-4) Sec. 4. [When ditch located in two or more town-
ships.] When an established ditch or water-course is located in two
or more townships, the township ditch supervisors of the townships in
which the said improvement is located, shall together make the appor-
tionment provided for in section 3 of this act.

LAWS RELATING TO AGRICULTURE. 135

(4584-5) Sec. 5. [Upon notice, duty of owner, etc., to clean out
said section so apportioned.] When the apportionment of any ditch
provided for in sections 3 and 4 of this [act] is completed, the ditch
supervisor shall notify each of the lot and landowners, corporate roads,
railroads, township and county, assessed thereon, of the portion assigned
to them, and it shall be the duty of each lot and landowner, corporate
road, railroad, township and county, so notified, to clean out said por-
tion, or section, of the said ditch or watercourse, to the full depth "and
capacity heretofore required by the authorities constructing the same,
and annually thereafter to reclean the same without further notice. It
shall also be the duty of all parties assessed in this section to mark
the terminus of their respective working section, by planting a post or
marker, on which shall be cut or painted the number of the section.

(4584-6) Sec. 6. [When parties assessed fail to clean out the
same, supervisor may sell the work to the lowest bidder, in certain
cases.] If there were assessed .to any tract of land, road, railroad,
township, or county, for the construction or for the deepening and widen-
ing thereof as the case may be, of any ditch or watercourse, a sum less
than three (3) dollars, the township ditch supervisor may group these
small sections together as conveniently as possible, and if the parties to
whom they are assessed, neglect or refuse to clean out the same, and
keep the same in repair, the ditch supervisor is hereby authorized to
sell the work of cleaning out said sections to the lowest responsible bid-
der, and take a bond with approved surety for the faithful completion
of the work, and certify the cost of said work to the county auditor,

[Costs to be taxed against land so assessed.] Who shall place
the same upon the tax duplicate, against the lands so assessed, pro rata,
and the same shall become a lien upon the land and be collected as other
ditch taxes.

(4584-7) Sec. 7. [Sale of work or cleaning ditch, etc.] If any
landowner, corporate road, railroad, township or county, notified to
clean out the ditch or watercourse under the provisions of this act,
shall neglect or refuse to comply with the same before the 15th day of
October in each year, the ditch supervisor shall, after giving ten (10)
days' notice by posting notices in three conspicuous places in said town-
ship, sell the work of cleaning said section or sections to the lowest
responsible bidder, and take a bond as provided in section six (6) and
certify the cost thereof to the county auditor, as provided in section six
(6) of this act. And the ditch supervisor shall certify the amount due
the contractor, or contractors, for the work done, according to the pio-
visions of this act, to the township trustees, who shall order the same
paid out of the township ditch fund.

(4584-8) Sec. 8. [All costs to be collected by county treasurer.]

All costs certified to the county auditor under the provisions of this act
shall be collected by the county treasurer and be paid over to the treas-
urer of the township whence the certificate came, as township ditch funds.

(4584-9) Sec. 9. [Township ditch fund.] The township trus-
tees of any township to which this act applies are hereby authorized and
empowered to levy a tax upon all the taxable property of said township
not to exceed five-tenths (5-10) of one mill upon each dollar valuation,
to be known as the township ditch fund for the purpose of carrying out
the provisions of this act.

136 LAWS RELATING TO AGRICULTURE.

(4584-10 ) Sec. 10. [Compensation to ditch supervisor.] The
township ditch supervisor shall be allowed one dollar and fifty cents
per diem, for the time actually engaged in performing the duties of his
office, said compensation to be paid by the township trustees, out of
the township ditch fund, upon presentation of an itemized account, veri-
fied upon oath by the township ditch supervisor.

[Assistant.] The township ditch supervisor shall be allowed
one assistant, when actually engaged in measuring a ditch or ditches.
Said assistant shall receive one dollar per day for the time actually em-
ployed, and shall be paid by the trustees out of the township ditch fund,
upon the certificate of the ditch supervisor.

(4584-11) Sec. 11. [Act not to apply to tiled ditch.] Where
any county or township ditch, or any part thereof, has been tiled, or
may hereafter be tiled, said ditch, or the part thereof which has been
tiled, shall not be affected by the provisions of this act. Provided said
tile is of sufficient capacity to carry all the water drainage through said
ditch or watercourse so as not to flood the adjacent lands above; but
if said tile is small and insufficient to provide the necessary drainage,
the surface ditch shall be kept open by the provisions of this act.

(4584-12) Sec. 12. [Owner must keep ditch free of fallen tim-
ber, logs, etc.; penalty for failure.] Every person or corporation
through whose lands any ditch improvement is constructed, must keep
it free, and clear of fallen timber, tree-tops, logs and such like obstruc-
tions, upon his or its premises; and in case of a failure to do so, any
person or corporation aggrieved by any such obstructions may notify
the township ditch supervisor of the fact, in writing, who must at once
examine the premises and inquire into the truth of the statement, and,
if he find the statement to be true, he must immediately notify the owner
of the land on which such obstruction exists, to remove it within a
reasonable time, not exceeding twenty days. If the owner so notified
fail to remove the obstructions, the ditch supervisor must at once cause
the same to be removed at the expense of such owner, and certifv such
expense to the auditor, who must place the same upon the tax duplicate,
as an assessment upon the lands of such person or corporation. This
assessment will be a lien upon such lands and must be collected as other
ditch taxes, and be paid over to the township treasurer as provided in
section 8 of this act. And the ditch supervisor shall certify any cx^
pense accruing under this section to the township trustees for pavment
as provided in section 7.

Cleaning and repairing ditch located in more than one county, see § (4510—11)
Cleaning and repairing on petition in Lucas county, see § (4510—17)
€t Smkholes' fissures> breaks, etc., protection and treatment of, see § (4510-18)

LEVEES.

Sec 4585. [Probate court may order construction of levees.]
The probate court of any county, may whenever found to be conducive
to the public health, convenience or welfare, cause to be located, estab-
lished and constructed as hereinafter provided, a levee within the countv
along any stream, watercourse, lake or body of water, or near any stream'
watercourse, lake or body of water of any kind, for the protection of
land from overflow.

LAWS RELATING TO AGRICULTURE. 137

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 interested 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 sufficient
surety to the approval of the judge, payable to the state, conditioned 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 before
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 publication for two
consecutive weeks, in some newspaper of general circulation 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 office, 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, on
or before the day appointed for hearing the petition, and on failure to
make such application, such owner shall be deemed and held to have
waived all right to such compensation.

Sec. 4589. [Hearing on preliminary matters.] On the day set
for the hearing, if it appear to the court that any person or corporation
interested in the levee or embankment has not been notified as required
by this chapter, or that any requisite preliminary steps have not been
taken, the court shall continue the case not exceeding twenty days, and
order such notice to be given or such other preliminary steps to be taken ;
and the court shall have power at any time before the final order has
been made to continue the case and order notice to be served, as required
in section forty-five hundred and eighty-seven upon any owner of lands
who may be found to be affected by said proceeding, and who has not
been served with such notice ; and if notice is given after the time orig-
inally appointed for the hearing of the petition, the petition shall be
regarded, as to such owner so notified, as appointed for hearing on the
day to which the case is continued for the purpose of giving such notice.

Sec. 4590. [Hearing on the merits, and proceedings thereon.]
When the court finds that notice of the filing and pendency of the peti-
tion has been given, and all other preliminary steps taken, it shall pro-
ceed to hear and determine the petition upon, the papers and evidence ;
and if the court is satisfied that the levee will be conducive to the public
health, convenience, or welfare, it shall forthwith appoint three compe-
tent, disinterested freeholders of the county, who shall be sworn to faith-
fully and impartially perform their duty as such viewers, and they, with

138 LAWS RELATING TO AGRICULTURE.

the aid of a competent engineer, who shall be appointed at the same
time by the court, shall proceed to view the premises along the proposed
route, and the lands to be affected by the proposed levee, and make a
report of their proceedings in writing, to the court within fifteen days,
from the date of their appointment, unless in the discretion of the court, .
a longer time shall be given them ; which report shall show whether in
their opinion the construction of the levee, substantially on the route
petitioned for, will be conducive to the public health, convenience, or
welfare, what owners of land should assist in the construction of the
proposed levee, and in defraying the costs and expenses thereof, and
the lots or lands, and the quantity thereof, which will be benefited by
such levee ; and if the court, in its discretion, deem it necessary, it may
order the engineer to make and return, at the same time the viewers
make their report, maps, plats, and profiles of the proposed levee and
the lands which may be affected by the same.

Sec. 4591. [Hearing of application for damages.] If the viewers
report in favor of the construction of the levee, the court shall appoint
a day, not later than ten days from the filing of the report, when it will
hear and determine all applications for compensation for lands appro-
priated, and the necessity for the levee ; and in addition to the petition, .
report of viewers, maps, plats, and profiles of the engineer, the court
may hear further evidence and arguments of counsel for or against the
construction of such levee; and the judge shall have the right to view
the premises before the final order is made, and the court, if found neces-
sary, shall have the right to continue the hearing of the case from time
to time, in its discretion.

Sec 4592. [Damages must be paid before final order.] No final
order for the construction of such levee, or any part thereof, shall be
made until the full amount of compensation for land appropriated has
been paid.

Sec 4593. [The final order.] If, upon the final hearing of the
case, the court finds that the levee ought to be constructed, and is neces-
sary and will be conducive to the public health, convenience, or welfare,
it shall order the same to be located, established and constructed ; and
it shall also order and prescribe the site of such levee, and shall direct
the engineer to finally locate, level, and measure the same, and divide
it into suitable sections, not less in number than the number of owners
of land benefited by its construction, and shall prescribe the time within
which the work upon each section shall be completed, and by whom
paid for.

Sec 4594. [How assessments of work to be made.] A person
owning lands abutting on or over which such levee shall pass, shall have
his section assigned thereon, within or along the boundary of his lands,
to the extent of the assessment made against such owner, when the front-
age is sufficient, otherwise the same shall be thus assessed as far as
practicable ; and in determining the number of owners, tenants in com-
mon, and the owners of a life estate in anv tract of land with tenants
in common, may be counted as one, and the court may, in its discretion,
order such tenants in common, and such owners of a life estate, to pay
for the work on a single section jointly, in proportion to the value of their
respective interests.

11 Sec- 4595- [Costs, and statements for parties.] The court shall
allow and assess all reasonable fees, costs, and expenses of locating and;

LAWS RELATING TO AGRICULTURE. 13&'

establishing such levee, and shall apportion the payment of the same
equitably among the parties to be benefited thereby, and prescribe the
time within which the assessment shall be paid, and render judgment
therefor, to be collected as other judgments; and the judge shall, if
requested, prepare for the use of the party making the request a brief
statement in writing, describing briefly his apportionment of the levee,
together with the length, height, width, and slope of the same, the amount
of costs assessed against such party, and the expense of performing" the
work apportioned to such party, when to be paid, and by what time the
work shall be completed.

Sec. 4596. [Meaning of the word "levee" in this chapter.] The
word "levee," in this chapter, shall be understood to embrace and include,,
with or without being specially mentioned in the petition for a main
levee, any side, lateral, or spur levee, or levees necessary to be constructed
to secure the objects and purposes for which any main levee may be
made.

Sec. 4597. [Changes in route authorized.] The court may, iix
making the final order, on the recommendation of the viewers and engi-
neer, or of the jury, alter or change the termini and route of a proposed
levee, from that set forth in the petition, so as more effectually to secure
the olDJects and purposes of the original petition, if the compensation for
lands appropriated is not affected thereby.

Sec. 4598. [When another viewer or engineer appointed.] If

a viewer or the engineer die, resign, or refuse, or neglect to perform the
duties required of him, the court shall forthwith appoint an eligible
person to fill his place who shall qualify and perform the duties the same
as if originally appointed.

Sec 4599. [When riprapping to be done.] If it be found neces-
sary by the court to protect such levee from being washed away by high
waters or freshets, that any portion of the same should be riprapped or
otherwise protected by stone or timber, in its final order, it may direct:
additional work to be done, particularly describing its kind and char-
acter, and the particular place and the sections on which the same shall,
be done.

Sec 4599a. [Court may order construction of flood-gate, etc.]

If it be found necessary by the court to construct, erect, build and operate-
any flood-gate or flood-gates, pump or pumps, elevator or elevators along
any portion of said levee for the purpose of draining the lands benefited
by said levee, in its final order it may direct the same to be done, par-
ticularly describing its kind and character and the place or places and:
locality or localities on which the same shall be done.

Sec 45996. [Assessments for operating expenses of flood gate,,
pump, elevator, etc.] There shall be levied and assessed according
to benefits, each year, upon all the lands benefited by any particular
levee, a sum sufficient to defray the operating expenses of any flood-
gate, pump or elevator, or for the purpose of defraying the expense of
any repair or improvement of the same or of any levee and for all con-
tingent expenses.

Sec 4599c [County levee committee; appointment; term; va-
cancy.] The probate judge, upon application of a majority of the per-
sons interested in a levee now constructed, or that may hereafter be
constructed under this chapter, shall appoint three competent freeholders

140 LAWS RELATING TO AGRICULTURE.

of the county not interested in any levee within the county, who shall
be known as the "county levee committee," and who shall hold office
for two years and until their successors are appointed, and in case of
a vacancy from any cause, the probate judge may fill such vacancy for
the unexpired term.

[Organization; annual meeting.] Said committee shall elect one
of their number secretary and the oldest member thereof shall be presi-
dent, and said committee shall meet annually on the first Thursday of
May, at ten o'clock a. m., at the office of the county commissioners, which
meeting shall be a public meeting for all persons interested in any levee
within such county.

[Record of proceedings.] And said committee shall keep a cor-
rect record of all their proceedings in a book to be provided for that
purpose.

[Hearing by committee; levy according to benefits.] Said com-
mittee shall hear all persons interested in any levee, and shall determine
the amount of money that will be necessary to defray the expenses men-
tioned in section 4599ft, for each particular levee, for the period of one
year, and such amount so determined by said committee, shall be levied
and assessed, at such annual meeting or at an adjournment thereof, not
exceeding ten days thereafter, upon all the lands benefited by each par-
ticular levee, according to benefits to be determined by said committee.

[Naming of levees.] And said committee shall give a name to
each particular levee, and shall certify the amount levied and assessed
upon each parcel of land, for each particular levee, to the county auditor
who shall place the same upon the tax duplicate of the county against
said lands and the same shall be collected by the county treasurer as
other special assessments are required to be collected by law together
with all similar penalties, and when the same shall be collected the
same shall remain in the hands of the county treasurer in a fund to be
named the same as given by said committee to said levee, as aforesaid,
to be certified to the auditor upon certifying the first assessment under
this act.

Sec. 4599c?. [Contracts.] Said county committee is hereby au-
thorized upon a petition in writing signed by a majority of the persons
assessed for any levee, to enter into any and all necessary contracts for
the repair, operation, improvement and maintaining of any levee, pump,
elevator or flood-gate, which may be prayed for in said petition, and all
contracts so made by them shall not be binding upon them personallv,
out in their official capacity, and all of the same" shall be paid out of the
aforesaid funds from the county treasurer so levied and collected to
meet the same, upon the warrant of the county auditor stating the name
of the fund against which the warrant is drawn.

[Committee to approve vouchers for money; what to contain.]
But before any such warrant shall be drawn by the county auditor,
said county committee shall first approve and allow a voucher therefor
which shall be signed by said committee or a majority thereof and filed
with said auditor, and said voucher shall state the name of the levee, and
the fund out of which any claim is to be paid, and the warrant drawn
by the auditor shall be against the fund mentioned in such voucher, and
the auditor shall keep accounts of each levee fund with said treasurer
the same as in other cases.

LAWS RELATING TO AGRICULTURE. 141

[Compensation of committee.] Said committee shall each receive
$2.00 per day for their service to be allowed by the county commissioners
and paid out of the county treasury not to exceed $20.00 in any one
year for each member.

Sec. 4600. [The jury and venire.] If at the time set for hearing
the petition any party in interest demand a jury the probate judge shall
select and impanel a jury of twelve disinterested freeholders of the
county, who shall constitute a jury for the case, in which case no viewers
shall be appointed, and the probate judge shall issue a venire for such
jury, directed to the sheriff of the county, returnable at a day therein
named, not exceeding twenty days, which venire shall specify the time
of meeting of the jury in said court ; and the rights of all the parties
in interest shall be investigated in one case and by one jury.

Sec. 4601. [Impaneling jury and form of verdict.] At the time
fixed for the meeting of the jury, any party interested may challenge any
juror for cause, and the court shall hear and determine all further pre-
liminary questions pertaining to the case, and may direct the sheriff
of the county to fill any vacancies which may then be in the panel aris-
ing from any cause; and the judge shall thereupon administer an oath
to the jurors, faithfully and impartially to try the issues submitted to
them in the case, and a true verdict render according to the law and
evidence, and the jury shall in their verdict report in writing to the
court :

First — Whether the proposed levee will be conducive to the public
health, convenience, or welfare.

Second — The amount of compensation each person claiming com-
pensation for lands appropriated for the construction of the proposed
levee, is entitled to in case the same is located.

Third — What owners of lands should assist in the construction of
the proposed levee, and in defraying the costs and expenses thereof,
and the lots and lands, and the quantity thereof which will be benefited
by such levee, specifying the sections and work to be done and by whom
to be paid for, as provided in this chapter.

Sec. 4602. [Trial to the jury.] The jurors may, in the discre-
tion of the court, before making up their verdict, be ordered to view
the premises along the route of the proposed levee, and the court shall
direct the engineer to make return, and lay before the jury, the neces-
sary maps, plats, and profiles of the proposed levee and the lands which
may be affected by the same; the parties in interest may offer evidence,
and may be heard in person and by counsel before the jury, and the
jury shall be subject to the judicial direction of the court in the hear-
ing of the case and in making up its findings or verdict, and shall return
a verdict within ten days after being sworn, unless the court, for good
cause allow further time ; and it is authorized to adjourn the proceed-
ings in the premises as the circumstances of the case may require.

Sec. 4603. [Proceedings on the verdict.] Upon the return of
the verdict and report of the jury, the court shall receive the same,
if found regular and in accordance with law, and thereupon discharge
the jury, but if not found regular and in accordance with law, he shall
recommit the case to the jury with proper instructions, to return the
same in conformity with the law; and after the jury have returned their
verdict and reported according to law, they shall be discharged, and"
the court shall proceed to confirm the verdict and report, if found to

142 LAWS RELATING TO AGRICULTURE.

be favorable to the construction of the proposed levee, and shall also
make an order for the payment of compensation, as found by the jury,
for lands appropriated, and also for the performance of such things as
the jury shall find in their verdict; and the court shall also make and
enforce such further orders in the premises as are prescribed m sections
forty-five hundred and ninety-three, forty-five hundred and ninety-foiir
and forty-five hundred and ninety-live, and all such orders as may be
necessary to the complete accomplishment of the objects and purposes
■of this chapter.

Sec. 4604. [Fees and costs.] Jurors and viewers shall each be
allowed pay at the rate of one dollar and fifty cents per day, and mileage
at five cents per mile from their residence to the office of the probate
judge, and from there to the place of the location of the proposed levee,
:in case of a view ; and the engineer shall be allowed, not to exceed five
dollars per day, while actually employed, and all other costs and ex-
penses shall be taxed as is provided by law in similar cases, and all costs
and expenses of the probate judge shall be collected and retained by
him, but not in excess of those allowed by any other law.

Sec. 4605. [Court may correct errors, etc.] The probate court
shall have power to correct any irregularities or clerical errors or mis-
takes in the report of the viewers, or in the verdict of the jury in relation
to the lots and lands, and the quantity and the ownership thereof, if the
llevee shall be ordered to be constructed, and upon a final order being
made for the construction of the proposed levee, the judge shall make
a record of the proceedings had in the case; and the court may, after
final order, extend the time for the completion of the work on any sec-
tion of the proposed levee, if deemed necessary.

Sec. 4606. [When proceedings to be dismissed.] If the viewers
or the jury report against the construction of the levee, or if the court at
any stage of the proceedings before the final order is made, find that
such levee should not be constructed, the court shall dismiss the pro-
ceedings at the costs of the petitioners, who shall be bound jointly for
the costs and expenses with the principal or principals on the bond given
as provided in section forty-five hundred and eighty-six.

Sec. 4607. [Repair of levees.] When it becomes necessary to
repair any levee constructed under the provisions of this chapter or under
any other law, or under any agreement of the owners of the lands
affected by such levee, the same shall be done under the provisions of
this chapter, and the proceedings therefor shall conform as far as pos-
sible to proceedings under this chapter for the location of a levee.

[Franklin county.] Provided, however, that in counties contain-
ing a city of the first grade of the second class when such repair shall
be made necessary by reason of the destruction of such levee by a
sudden flood the board of county commissioners of such county if in
their judgment they shall deem it to be necessary for public health, con-
venience or welfare to make such repair without delay at the expense
of such county, shall therefor have the power to issue the bonds of such
county in the aggregate sum not to exceed fifteen thousand dollars
($15,000) as other bonds of said county are issued, and shall further
have the power to advertise for bids for a period of ten (10) days by
publication in such manner as is otherwise provided by law, and shall
'enter into a written contract with the lowest and best bidder for the

LAWS RELATING TO AGRICULTURE. 143

making of such repairs according to the plans and specifications there-
for which shall be made prior to the invitation for such bids by the
county engineer of such county, the due performance of such contract
to be secured by bond in such sum and with such sureties as shall be
required by the said board of county commissioners. After the making
of such repairs at the expense of the county, such levee shall thereafter
be kept in repair according to the other provisions of this chapter.

Sec. 4608. [When levee intersects another levee.] If the route
of any proposed levee extend along any natural stream or water-course
and over, including or connected with the line of any levee already con-
structed or partly constructed, the parties interested shall be entitled
to have the amount of work and expense they have already been to
in the construction of such levee, taken into account in determining the
question of what further work and expense, if any, they shall be re-
quired to pay for, in the construction of the proposed levee.

Sec 4609. [Proceedings when levee benefits a road.] When
any levee established under this chapter affects beneficially any public
or incorporated turnpike road or railroad so that the road-bed or track
on any such road will be made better or safer by the construction of
the levee, there may be apportioned to the county, if a county, state,
or free turnpike road, to the township, if a township road, and to the
company, if a corporate turnpike road or railroad, such portion of the
work, costs, and expenses thereof, as if they were private individuals,
and the court shall require them to pay for such work and pay such
costs and expenses in like manner as individuals, except that when" a
county or township is ordered to pay for any such work and pay such
costs and expenses, the commissioners of the county and the trustees
of the township are required to pay for such work and such costs and
expenses from the general fund of the county, or township.

Sec. 4610. [The sale of the work.] The levee shall be con-
structed and compensation paid within the time specified in the order
of the court, and upon the making of the final order, the judge shall
immediately give notice of the sale of such work by sections, or parts
of sections, to the lowest bidder, by printed or written handbills; the
time of sale shall not be less than ten nor more than twenty days from
the date of the notice, and the place shall be either at the door of the
court house, or at either terminus of the levee, as the judge may direct;
and he shall take such security for the performance of such work and
for the payment of all damages to the parties interested in case the same
is not completed within the time and in the manner prescribed, as he
may deem necessary, and he shall, immediately after such sale, enter
his proceedings on his journal and make them a part of the record in
the case ; and he shall, in case of a sale of the work to the person who
is ordered to pay for the same, only take the bond as aforesaid.

Sec 461 1. [When assessment to go on duplicate.] In all other
cases the judge shall fix the time within which the parties who have been
ordered to pay for the work so sold, shall pay into the court their por-
tion of the work at the price so sold, and in case the same is not paid
by the time so fixed he shall certify to the county auditor the several
amounts, including costs and expenses apportioned so assessed against
each owner or person interested as aforesaid, not before paid, describing
-each piece or parcel of land so to be charged; and the auditor shall

144 LAWS RELATING TO AGRICULTURE.

thereupon enter the same on the duplicate to be collected as other taxes,
and when collected the same shall be paid over to the persons entitled
thereto, upon the order of the probate judge, whenever he shall be sat-
isfied that the several sections have been completed according to the
order of the court before made ; in case of a failure to sell any portion
of the work at any lettings, and in case any purchaser at any letting
fails to give bond or complete any part of the work as required, the
judge shall proceed to again let the same and make all necessary orders
in relation thereto as prescribed in this section.

Sec. 4612. [Person materially affected may complain of error.]
No person shall be permitted to take advantage of any error committed
in any proceeding to locate, establish, and construct, or repair a levee
under the provisions of this chapter, nor of any error committed by
the probate judge or probate court, the viewers, or the jury in the case,
or by the engineer or other person, in such proceedings, nor of any
informality, error, or defect appearing in the record of the proceedings,
nor of want of notice to the owner of any lands affected thereby, unless
the party complaining is first shown to be materially and substantially
affected thereby.

Sec. 4613. [And may have relief.] But the court in which any
action may be brought to enjoin, reverse, or declare void the proceed-
ings by which any such levee is ordered to be located, established, con-
structed, or repaired, or to enjoin the performance of any work, or the
assessment or collection of any costs and expenses ordered by the pro-
bate court for the purposes aforesaid, may, if there be manifest error
in such proceedings affecting materially the substantial rights of anv
plaintiff, in such action, set the same aside as to such plaintiff without
affecting the rights or liabilities of the other parties in interest; and
the court shall, on the final hearing, make such order in the premises as
may seem equitable, and just, and may order the work done, and the
costs and expenses paid, by the plaintiff, or the amount of money re-
turned to the auditor of the county against the plaintiff, or anv' part
thereof, to remain on the duplicate for collection, 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 and equity
may require and the court direct. '

Sec. 4614. [When and how township trustees may establish
levees.J lhe trustees of any township through which a stream or
river subject to overflow passes may, on application of any partv, enter
upon any land in their township to view any proposed levee or embank-
ment, for the purpose of protecting any land, held bv more than one
?£?°fV nlCause such levee or embankment to be located and con-
structed, whenever m their opinion, the same is demanded bv or will
be conducive to the public health, convenience, or welfare- and they
Xinrtn^hf lPnVate.-PrOP7ty'. accordi^ to the provisions of law
tion ftf- hn Xli7rlr°Prmi0n °r Pnvate pr°Pert>' to th^ "se of corpora-
ls 'section ft e ~7 Proce*dines sha" be taken by the trustees under
In J '. expenses and costs of location and construction and

s n?cHnnCn°fS ? ^ ^T^ ^i^ °f inddent to the locati™ or' con-
ees bv th. n^rP°Sed leV(^ S^a11 ^ ™nteed or paid to the trus-
he levee °F *°m* ' interested in the construction of

LAWS RELATING TO AGRICULTURE. 145

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.

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 commissioner
to act with other commissioner^ c,o appointed from each county to view
and survey the proposed road; provided, that when said proposed road
affects 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 afreets but two counties and the sections
of the same in the several counties are approximately equal in length
the surveyor or engineer appoint-d 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 responsible free-
holders 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 discharge
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 faithfully and according
to law.

Sec 4620. [Route of road, etc.] Each road shall be la'd 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, always 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

10 F. H. B.

1-U; LAWS RELATING TO AGRICULTURE.

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
by 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, specifying therem the distance the same is laid out
in each county, and whether, in their opinion, the public convenience
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 road
commissioners and the surveyor, and immediately deposited in the com-
missioners' 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
report in favor of the establishment of the road, the county commis-
sioners of the respective counties 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 location
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 dam-
ages with the county commissioners, the whole case shall be continued 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 inter-
ested, to be published in some newspaper of general circulation 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, describing
the lands in 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 commissioners
shall appoint a jury of three disinterested freeholders of the county,
who, after taking an oath to faithfully and impartially discharge 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 determined by the jury afore-

LAWS RELATING TO AGRICULTURE. 147

said to be just and equitable, and that the road or any part thereof will,
in their opinion, be of sufficient importance to the public 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, 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 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.

Sec. 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 probate
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 thereafter,
enter into bond with good and sufficient surety, to be approved by the
county auditor, for the payment of all costs and expenses, arising from,
or in consequence of, such appeal ; and the appellant shall, within five
days thereafter, deliver to the probate judge a transcript of the pro-
ceedings 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 tiventy-seven, the appellant shall pay all costs
that may accrue in consequence of said appeal, unless the award rendered
by the jury in the probate court shall exceed in amount the award
rendered by the jury appointed by the county commissioners.

148 LAWS RELATING TO AGRICULTURE.

Sec 4630. [When costs and damages paid by county.] If, upoi*
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 establish 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 county
commissioners, in case the road is established a highway, all expenses-
incurred and damages assessed ; but the commissioners, if in their opinion
a part only of the road will be of public utility, may record and establish,
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 the commis-
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 highway.

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 the 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 court.

Sec. 4633. [How width reduced.] The county commissioners
of any county, upon notice given in some newspaper of general circu-
lation 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, appoint
three disinterested citizens of the county, to view and report 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 destroyed,
it may be repaired by the township trustees ; and proceedings for such
purposes shall be had and conducted as provided in like cases for countv
roads.

Sec. 4635. [Alterations in state roads established.] That all
alterations of state roads heretofore or hereafter made and established,
shall form a part of said road, and so much of the original road as lies
between points at which the alterations intersect shall be and remain
vacated.

Sec. 46*6. [Vacation by non-user.] Any state road or part of
such road which has heretofore been authorized, which remains unopened
for public use for the space of ten years, shall be vacated, and the au-
thority for opening revoked for non-user.

LAWS RELATING TO AGRICULTURE. 149

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 provided, ex-
cept 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, further, 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 determine 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 establishment or widening of
such road, as provided by law in chapter 2, title 7 of the Revised Stat-
utes 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 in-
stallments, as provided by law, governing assessments by municipal cor-
porations.

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 hundred
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 section
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 widen-
ing, 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 the cir-
cumstances upon the taxable property abutting upon such road or part
thereof, either according to the foot frontage or according to the bene-
fits. 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 assessment.] Before adopting the
; assessments so made, the county commissioners shall publish notice for

150 LAWS RELATING TO AGRICULTURE.

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 inspection
and examination of the persons interested therein.

[Sec.] 4637-5. [Filing of objections to assessments.] If any
person objects to the assessment he shall file his objections in writing
with the board of county commissioners within two weeks after the ex-
piration 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
appointed 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 con-
currence 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.

[Sec] 4637-9. [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 taxable
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 ; provided that said commissioners may, after the amount
of one installment of said assessment has been paid, in anticipation of
the collection of the balance of such assessment, issue their notes for the
balance of the whole amount of damages, cost and expenses, and cause
the damages to be paid at once, also the improvement to be made at
once, in which case interest at the rate of five per cent, per annum may
be added to all unpaid installments and collected therewith.

[Sec] 4637-10. [Land not to be taken until damages are paid.]
The county commissioners shall not take possession of any land appro-
priated for the purpose 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 purposes
upon the payment of the defendant's costs, expenses and attorney fees.
as found by the court;

[Damages not to be paid until assessments aire collected.] And
in all cases where the county commissioners decide to collect said damages.

LAWS RELATING TO AGRICULTURE. 151

by assessing the same on abutting property, they shall not be required
to pay such damages until the same are collected by assessment,

[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 jplaced 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.

(4637-11) Sec. 3. [Provisions of statutes which should apply;
right of appeal.] All the provisions of title 7, chapter 2, and of title
13, chapter 5, of the Revised Statutes, so far as the same are not incon-
sistent herewith, shall apply to all levies made and to all roads estab-
lished, widened or altered and improved 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. 4637a. Sec. i. [Establishment or alteration in Cuyahoga
county.] That in any county containing a city of the second grade
of the first class, the commissioners may establish county roads of the
width not to exceed one hundred feet, and may cause to be widened or
altered not to exceed the width of one hundred feet such county roads
or parts thereof as may heretofore have been established, and upon the
petition of the owners of a majority of the foot 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, however, that the petitioners
therefor shall represent not less than one mile of the foot frontage of
said road.

Sec 4637;?. Sec 2. [Assessments.] In all cases where county
roads may hereafter be established, widened or altered by virtue of this
section, 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 compensation 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 Revised 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 practicable to the benefits conferred upon the
property assessed.

Sec 4637c. Sec 3. [Certification and collection of assessments.]
The assessment 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 taxable property, which shall thereupon become a lien upon such
property, and the same shall be collected as other taxes in not to exceed
five annual installments ; provided, that said commissioners may, in an-
ticipation of the collection of such assessment, 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 installments
and collected therewith.

152 LAWS RELATING TO AGRICULTURE.

Sec. 4637^ Sec. 5. [Portion paid by county.] The commis-
sioners may order such part of the compensation, damages and cost as
they may deem equitable, to be paid out of die county treasury.

Sec. 4637^ Sec. 6. [Notices of assessments.] Before adopting
the assessments so made, the county commissioners shall publish notices
for three weeks consecutively, in some newspaper of general circulation
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 inspec-
tion and examination of persons interested therein.

Sec. 463 7£. Sec. 7. [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 disin-
terested freeholders of the county to act as an equalizing board.

Sec. 4637/L Sec. 8. [Equalization of assessments.] On a day
appointed by the commissioners for that purpose, such board, after tak-
ing 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 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 possessing
the same qualification, which shall proceed in the manner above provided.

Sec. 4637/. Sec. 9. [Confirmation.] When the assessment is
confir: ed by the county commissioners, it shall be complete and final:
provl _d, 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. 46377. Sec. 10. [Laws applicable.] All of the provisions
of title 7, chapter 2, of the Revised Statutes, so far as the same are not
inconsistent herewith, shall apply to all roads established, 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. 4637^. [Widening and alteration of roads in Lorain county. ]
That in any county having at the last federal census, a population of 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 feet such
county roads or parts thereof as may heretofore have been established,
and upon the petition of the owners of a majority of the foot frontage
along any county road, the county commissioners shall direct the county
surveyor, to establish a grade along such road, or any part thereof, sub-
ject to the approval of said commissioners; provided, however, that
the petitioners therefor shall represent not less than one-half mile of the
foot frontage of said road.

(4637&-1) Sec. 2. [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 compen-
sation and damages for the land taken and expense of grading and

LAWS RELATING TO AGRICULTURE. . 153

draining said road to be paid in whole or in part out of the county treas-
ury or by the petitioners, as provided in section 4651 of the Revised
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 practicable to the benefits
conferred upon the property assessed.

(4637^-2) Sec. 3. [Collection of assessments.] The assess-
ments 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 annual
installments; provided, that said county commissioners may, in antici-
pation 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 installments
and collected therewith.

(4637^-4) Sec. 5. [Compensation, etc., may be paid out of
county treasury.] The commissioners may order such- part of the
compensation, damages and cost as they may deem equitable, to be paid
vout of the county treasury.

(4637^-5) Sec. 6. [Publication of assessments.] Before adopt-
ing the assessments so made, the county commissioners shall publish
notices for three weeks consecutively, in some newspaper of general cir-
culation 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.

(4637^-6) Sec. 7. [Objection 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.

^4637^-7) Sec. 8. [Hearing objections.] On a day appointed
"by the commissioners for that purpose, such 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 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 possessing the same
-qualification, which shall proceed in the manner above provided.

(4637^-8) Sec 9. [Confirmation of assessments.] When the
-assessment 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.

(4637^-9) Sec. ro. [Application of existing statutes.] x\ll of

the provisions of title 7, chapter 2, of the Revised Statutes, so far as
.the same are not inconsistent herewith, shall apply to all roads estab-

154 LAWS RELATING TO AGRICULTURE.

lished, 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
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 commis-
sioners may, in their discretion, order the petitioners to pay any or
all costs and expenses of such application, or may pay all or any por-
tion 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 the 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 jurisdiction
of the case shall have full power to render judgment for cost? according
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 be-
ginning, the intermediate points, if any, and the place of termination of
the road, or part proposed to be altered or vacated.

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 when such
petition is to be presented ; and the substance thereof shall be published
for four consecutive weeks before the presentation of any such petition,
in some newspaper published in the county in which the road sought to
be established, altered, or vacated by sucfi petition is situated, 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 appro-
priated, without deduction for benefit to any propertv of the owner,
and to assess and determine how much less valuable, if anv, the land
or premises from which such appropriation may be taken, will be rend-
ered by the opening and construction of the road', and the county surveyor
to survey the same ;

[Commissioners to issue orders to viewers.] And shall issue an
order directing the viewers, with the county surveyor, to proceed on

LAWS RELATING TO AGRICULTURE.. 155

a day to be namecT 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 re-
port the width, in their opinion, the same shall be established and opened.

Sec. 4643. [When road viewers fail to perform duty a new order

may issue.] If the viewers fail to proceed on the day named 'm the
order, or within five days thereafter, so that said duty shall not be per-
formed and reported to the commissioners 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 appointed 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 surveyor 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 surveyor and not
less than three of the 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.

Sec. 4645. [Notice 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 per-
son, if a resident of the county, through whose land the road is pro-
posed to be laid out and established, or through whose land the road
which it is proposed to alter or vacate may have been previously estab-
lished, 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 specified in the order, and of the day by which claims for compensa-
tion 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 news-
paper 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 commis-
sioners, and after taking an oath faithfully and impartially to discharge
the duties of their appointments respectively, shall take to their assist-
ance 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 pe-

156 LAWS RELATING TO AGRICULTURE:

tition, or as near the same as in their opinion a good road can be made
at reasonable expense, taking into consideration the utility, convenience,
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 required of them in sec-
tion forty-six hundred and forty-two, and assess and determine the dam-
ages sustained by any person through whose premises the road is p:o-
posed to be established, altered, or vacated.

Sec. 4647. [When compensation and damages not to be as-
sessed.] But the viewers shall not be required to assess or award
damages or compensation to any person except minors, idiots, or luna-
tics, in consequence of the opening of the road, unless the owner or
•his agent, having 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 damages 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 viewers
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 conspicuously 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
make and deliver to one of the viewers, without delay, a. correct certified
return of the survey of the road, and a plat of the same ; and the view-
ers 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 the
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, directing
the road to be opened ; but if the report of the viewers be against such
proposed road, or alteration, or if, in the opinion of the commissioners,
the same is unnecessary, 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.

LAWS RELATING TO AGRICULTURE. 157'

Sec. 4651. [Report and payment of damages accruing from,
opening 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 publicly 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 ancTcte-
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 petition-
ers 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 irregularity the com-
missioners may appoint the same or other viewers, and the proceeding
shall re-commence at the point provided for by section four 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 irregularity
in their work or report as originally reported, and the amended report
shall when finished be re-delivered 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 return
is recorded and the road established, any citizen of the county may apply
to the commissioners for a review of the road, by petition, agreeably to
section forty-six hundred and thirty-eight, and the commissioners shall,
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, directing them
to meet at a time to be specified in the order, or within five days there-
after ; 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 review-ers shall meet, and after
taking the oath required in section forty-six hundred and forty-six, shall
proceed to examine the route surveyed for the road by the former view-
ers, and make a report in writing to the commissioners, stating their
opiion in favor of or against the establishment of the road, or any part
thereof, and their reasons for the same.

158 LAWS RELATING TO AGRICULTURE.

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 establish-
ment of such road, no further proceedings shall be had thereon 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 disinterested land-
holders of the county to review and find the line of the road, and if they
deem it necessary, a competent surveyor to survey the same, and the
reviewers and surveyor, after taking the oath required in section forty-
six hundred and forty-six (4646), shall view and survey said road, and
the same correctly mark throughout as in the case of new roads and
shall make a return of the survey and plat of the road to the commis-
sioners, who shall cause the same to be recorded as- in other cases.

[Establishment by judicial proceedings.] When such viewers are
unable to ascertain the boundary lines of such road or highway with cer-
taintv, 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 such
road or highway judicially established in one action, and thenceforth
such road or highway so surveyed, or its boundaries judicially estab-
lished as aforesaid, shall to the full limits of such boundaries be a public
highway.

Sec. 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, apply 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 with-
out increasing the distance to the injury of the public ; and upon the
receipt of such petition, the commissioners shall appoint 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 distance 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 satisfactorv 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

LAWS RELATING TO AGRICULTURE. 159

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 commissioners 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 here-
after 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 proceed under their order as though no appeal
had been taken therefrom.

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 chapter; and the
commissioners of each of the counties interested, shall appoint two dis-
creet landholders as viewers, who, or a majority of them, shall meet at
the time and place named in the order of the commissioners 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 by the preceding sections of this chap-
ter, 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 respects, 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
of all the counties interested are 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 an}' 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, any twelve freeholders residing in that part of
the county where such road is established, may make application, agree-
ably 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 publicly read at a
regular session of the commissioners, and no other proceedings shall be
had thereon until the next session of the commissioners, when it shall
again be read ; and if no objection be made, the commissioners mav de-
clare vacated the road, or any part thereof which they may deem unneces-
sary to keep open for public convenience.

Sec 4662. [Appointment and report of viewers.] If objection
t>e 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 proceed
to view the road, and make report of their opinion thereon, and the

160 LAWS RELATING TO AGRICULTURE.

reasons for the same, to the commissioners ; and if the viewers report in
favor of vacating the road, or any part thereof, the commissioners may,
if they deem it reasonable and just, declare the road vacated, 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 appointed, and
refusing or neglecting, may reside ; and the recovery shall be paid with-
out delay, by the justice of the peace or constable collecting the same,
to the treasurer of the township, taking his receipt therefor; and the
trustees shall cause all fines which shall be paid into the township treas-
ury, under the provisions of this chapter, to be expended on roads and
bridges within their townships.

Sec. 4664. [Fees of viewers, markers, etc.] All persons re-
quired to render services 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.

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 sliding 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 deter-
mine, 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 report of their
doings in the manner pointed out as to the duty of viewers and sur-
veyors in cases 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-

LAWS RELATING TO AGRICULTURE, lt)I

veyor to be paid out of the count}- 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. [Road vacated when unopened for seven years.] 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 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 unnecessary
by such alterations in the opinion of the viewers and county commissioners
shall be and remain vacated.

Sec. 4670. [Commissioners must mark line of road by stone
monuments.] The county 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.

(4670-1) Sec. t. [Cuyahoga county additional road levy.]
In counties containing a city of the second grade of the first class, the
commissioners, 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 taxable prop-
erty within said county, five-tenths of a mill ; and in addition thereto,
on each dollar of valuation of taxable property within the township
outside of the cities and incorporated villages, which townships 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 im-
provement of state and county reads outside of such municipal cor-
porations.

(4670-2) Sec. 2. [Improvement of such roads.] The county
commissioners 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 of these materials, gravel-
ing, planking or macadamizing the same and shall use the funds herein-
before created for that purpose.

(4670-3) Sec. 2a. [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 count}', and thereupon the same proceedings shall
be had as are now provided by law for the appropriation of private
property by municipal corporation; and -upon payment of the agreed

11 F. H. B.

162 LAWS RELATING TO AGRICULTURE.

price, or, payment into court of the compensation assessed, and right
to charge or collect toll shall thereupon cease, and the commissioners
shall use the fund created by section one (i) [§(4670-1)] of said act
for that purpose.

(4670-4) Sec. 2b. [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 deter-
mine ; 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 assess-
ment to be paid, shall cease to be of any effect, except as to the costs
.assessed against the commissioners.

(4670-5) Sec. 3. [Engineer; bond; surveys, etc.; compensa-
tion.] When the commissioners determine to make any such improve-
ment they shall employ a competent engineer to superintend the per-
formance 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 com-
pensation for his services as is fixed by law for the compensation of
the county surveyor for like services in other cases.

(4670-6) Sec. 4. [Advertisement] Uuon the approval of said
surveys, profiles, estimates and specifications the commissioners of said
county shall advertise for bids in some newspaper of general circulation
in the county 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 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.

(4670-7) Sec 1. [Improvement of certain public roads.] In
any county 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 public
roads or an improved part of one such public road with another such
improved road or part thereof, such unimproved countv 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.

(4670-8) Sec 2. [Petition; appointment of viewers; duties.]
Whenever 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

LAWS RELATING TO AGRICULTURE. 163

judicious freeholders of the county as viewers of such road, who shall,
after being duly sworn faithfully to perform their duties, secure a sur-
veyor and proceed to view said road and ascertain the character and
dimensions of the improvement 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.

(4670-9) Sec. 3. [Finding for improvement.] On such return
of said viewers being made, said commissioners shall determine 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 treas-
ury, taking into consideration the benefits that such locality has deri'ved
from the bridge and other general funds of the county, in comparison
with other portions thereof ; and if they are of the opinion that such
improvement should be made, they shall so declare by resolution. And
thereupon they shall pass upon said report of said viewers as to the char-
acter and dimensions of such improvement, which they may modify,
but not so as to increase the estimated cost thereof.

(4670-10) Sec. 4. [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 ap-
pointed by them as a superintendent of work ; such superintendent shall
be under their control and direction, and removable for cause at their
pleasure, and shall receive for his services the sum of two dollars per
day ; and said viewers each shall receive for their like services a like
sum; and the surveyor 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.

(4670-11) Sec 5. [Superintendent to furnish estimates.] Any
such improvement shall be advertised, 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.

(4670-12) Sec 6. [Bonds.] 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, pay-
able principal 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
two 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.

(4670-13) Sec 7. [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 or adjacent
to any such county line may be improved under the provisions of the

164 LAWS RELATING TO AGRICULTURE.

foregoing act by the action of the joint board of commissioners 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 improvement. 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 commissioners of said counties to
take action thereon ; and the said joint board shall have full jurisdiction
to so construct and improve said road under the provisions of said act.
The expenses of said improvement shall be apportioned between the
counties interested therein [in] 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 pro-
vided in section six of this act ; the said bonds to be issued for a sum suffi-
cient to pay the proportionate share of said costs allotted to each of said
counties.

(4670-14) Sec. 1. [Petition for improvement of roads; duties
of commissioners 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 any 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 graded 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 determination
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 duplicate 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 author-
ized 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 real estate, and from the real estate benefitted therebv in
proportion to the benefit to be derived therefrom bv 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 assessment therefor shall be
made before the improvement is commenced, or after the same is com-
pleted.

(4670-15) Sec. 2. [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 com-
missioners prepare and file the necessary plans, plats, profiles and specifi-
cations of the work.

[Contract to be let to lowest bidder.] After such plans and spec-
ifications as the commissioners deem necessary are adopted, the work

LAWS RELATING TO AGRICULTURE. 165

shall be publicly let by the county commissioners to the lowest responsi-
ble bidder, who' shall enter into bond with sufficient sureties, and in such
amount as the commissioners shall approve and determine, conditioned
for the faithful performance of said work.

[Notice of letting.] Notice of such letting shall be first published
for at least four weeks in some newspaper printed in the county and of
general circulation therein, stating the nature and extent of the_AVQrk
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 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 reas-
onable bid is made for said work, refuse to accept any bid so made or
to enter into such contract, but re-advertise the same.

(4670-16) Sec. 3. [Engineer to make an estimated assessment.]

The said commissioners shall either before the said improvement is com-
menced, or after the same is completed, as they shall have determined
at the time of ordering the improvement, order said engineer to make,
upon actual view, and to report to said commissioners, an estimated as-
sessment of the proportion of the cost and expense aforesaid 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 assess-
ment shall be filed with the county commissioners, and kept in the
auditor's office for public 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 equalizing
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 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 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

166 LAWS RELATING TO AGRICULTURE.

officer to faithfullv, honestly and impartially discharge their duties in
making or equalizing said assessments, and in either case a majority ot
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 shal hear testimony
for or against the parties filing exceptions as aforesaid. U any ot the
real estate to be assessed is subject to a life estate, the assessment made
thereon shall be apportioned between the owner of the lite estate and
the owner of the fee in proportion of the relative value of their re-
spective estates, to be ascertained upon the principles applicable to life
annuities.

(4670-17) Sec. 4. [Record of proceedings to be kept by audi-
tor.] Said commissioners shall cause to be kept by the county audi-
tor 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 accrued, an^1
then only in pursuance of the orders caused by the commissioners 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.

(4670-18) Sec. 5. ["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 ex-
penses of all improvements made under the provisions of trus act can
be paid,t 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 exceeding
ten mills in any one year upon each dollar of the valuation of the tax-
able property in such township or townships. And said levy 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 levy or levies hereby authorized to be made, shall be
applied and used by the countv commissioners in the construction of
such stone and gravel roads, as the case may be, and for no other pur-
pose, 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 improvement, including
the expenses of the preliminary view and survey 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.

(4670-19) Sec 6. [Bonds may be issued.] The commission-
ers are hereby authorized, whenever in their judgment it is desirable,
to sell the bonds ot any such county in which such improvement is to
be 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
benefitted bv such road improvement, as provided in the preceding

LAWS RELATING TO AGRICULTURE. 167

section ; 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 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 applied 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 f
of the principal and interest of such bonds may be in addition to any
levy now authorized by law.

(4670-20) Sec. 7. [When person signs both petition and re-
monstrance; costs.] If it appear that any person who signed the peti-
tion 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 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 one mile of the route on which the improvement was prayed
for, and shall place the same on the grand duplicate for collection, to
become due and payable at the next December collection of taxes there-
after ; and the same penalties shall attach and the same proceedings shall
be had in the collection as in delinquent state and county taxes.

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 per-
son, for the convenience of himself and neighbors, wishes to have a town-
ship road laid out from the plantation or dwellingrplace of any person,
or from any mill or house of public worship, or to any cemetery 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 petroleum 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 pre-
sented, the place of beginning, intermediate 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

168 LAWS RELATING TO AGRICULTURE.

have jurisdiction, and thev being satisfied that proper notice has been
giv.en, as aforesaid, thev shall cause the petitioner to enter into bond with
sufficient surety, payable to the state, for the use of the township, and
conditioned that the person or board of education making such applica-
tion shall pav into the treasury of the township the amount of all costs
and expenses accruing thereon in case the application shall fail ; and in
case the application snail not fail the trustees may, in their discretion,
order the petitioner to pav any or all costs and expenses of such appli-
cation, 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 sat-
isfied that such proposed road is necessary, shall appoint three judicious,
disinterested landholders of the township, who shall constitute a jury,
and a surveyor, who shall, after taking the oath required by section
forty-six hundred and forty-six, take to their assistance two chain carriers,
and a marker, and proceed, at the time directed by the trustees, or within
three days thereafter, to view the ground along which the road is pro-
posed to' be established, and locate the same as near the line named in
the petition, as a good road can be had at a reasonable expense, and
determine, according to the provisions of section forty-six hundred and
forty-two, the compensation which shall be paid to the owner of the land
through which it is proposed to establish the same, and the amount of
damage he may sustain.

Sec. 4675. [Claims for damages.] The provisions of chapter
two, as to notice to land-owners, and the manner of claiming compensation
and damages, shall apply in all applications relating to township roads.

Sec 4676. [Report of viewers.] The viewers shall make a
report in writing to the trustees, setting forth their opinion in full for or
against the establishment of such road, and if in favor of the establish-
ment 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 established, which report,
together with a return and plat of the survey of the road, shall be depos-
ited 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 satisfied that the
compensation and damages, if any have been claimed and assessed, are
just and equitable, and that the road will be of sufficient 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 persons 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 compensation and damages to be paid out of the township treasury,
and require the petitioner to pay the remainder thereof before such road

penedj 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

LAWS RELATING TO AGRICULTURE. 169

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 persons 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 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
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 townships 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 requisite 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 appellant shall be governed
in all respects by the provisions of the preceding 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 appli-
cable, as are herein required for the laying out, opening, and establishing
©f such township road ; and before any township road shall be
reduced in width, as provided in the foregoing section, the same pro-
ceedings shall be had. in all respects, so far as the same may be applicable,
as may be required in regard to the vacation of township 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

170 LAWS RELATING TO AGRICULTURE.

proper notice has been given, and no injustice will be clone thereby, 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 of the trustees to
the probate court in like manner as provided in chapter four.

Sec. 4684. [Alteration.] The trustees of any township are au-
thorized, upon petition for that purpose, to alter or change the direction
of any township road in their respective townships, in such manner as
shall be reasonable and as the public convenience may require.

Sec. 4685. [Proceedings therefor.] Upon application for an
alteration or change in any township road, the same proceedings shall be
had by and before such trustees in all respects as required by section
forty-six hundred and seventy-two.

Sec. 4686. [Are public highways; Washingtbn township, Pick-
away county.] All township roads heretofore or hereafter estab-
lished are hereby declared to be public highways ; provided, that in town-
ships which by the federal census of 1890 had, or by any subsequent
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.

(4686-1) Sec. 1. [Submission of improvement question to elec-
tors of township and village therein.] 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 improve-
ment of the public roads within such township, and including any road
running into or through any village or city of the second class, fourth
grade, submit the question of the improvement of said roads to the quali-
fied electors of such township, at the next general election held after
the presentation of such petition.

(4686-2) Sec. 2. [Form of proposition and ballot; notice.]
The qualified electors of such township shall at said election have sub-
mitted the policy of the improvement of its public roads by general tax-
ation. 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 trustees shall cause notice of said election to be pub-
lished in two newspapers in general circulation if such are printed in
said township for at least ten days, and shall also cause handbills, an-
nouncing the same, to be posted at the usual places of holding elections,
at each precinct in such township at least ten davs previous to such
election.

(4686-3) Sec 3. [Judges and clerks of election; returns.] 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 thereafter return to the clerk of said township a full and
correct abstract of the votes cast at such election, and shall be °"overned

LAWS RELATING TO AGRICULTURE. 171

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 town
ship clerk. The poll-book and abstract so returned to the township
clerk, shall within five days thereafter, be opened by the township trus-
tees and clerk and a correct statement of the result shall be entered upon
the records of the township by the clerk for public inspection.

(4686-4) Sec. 4. [Result of negative vote; resubmission.] If

at such election a majority of the votes cast are against the policy of
improving the roads by general taxation, the township trustees shall
not assess any taxes for that purpose ; but they shall, when a like peti-
tion is thereafter presented to them, again submit the same question at
the next annual election, either spring or fall, to the qualified voters-
of such township, notice of which shall be given and the election con-
ducted, in all respects, in the manner hereinbefore prescribed.

(4686-5) Sec. 5. [Appointment, etc., of commissioners; va-
cancy; designation of improvements; engineer's selection and duties.]
If, at such election a majority be found in favor of the policy of the im-
provement of the public roads of such township by general taxation, the
trustees of such township shall appoint three freeholders, as com-
missioners, 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 desig-
nate and determine the established roads of such township, which shall,
in their opinion, be improved. The commissioners shall call to their
assistance a competent engineer, who shall make a correct map of such
township, plainly showing the established roads of such township which
have been by such commissioners designated for such improvement :
also, profiles of such roads, showing the grade thereof, as they then exist,
or have been established, which he shall turn over to the custody of the
township clerk.

(4686-6) Sec 6. [Oath and non-compensation of commission-
ers; compensation of engineer.] The commissioners so appointed
shall before entering upon the discharge of their duties take an oath
or affirmation, to honestly and impartially 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 commissioners agree upon. The compensation of the
engineer shall be paid out of the township funds, upon the order of
the township clerk, after allowance by the township trustees.

(4686-7) Sec. 7. [Order of improvement.] After the report
of the commissioners, and the map and profiles have been filed with the
township clerk, the township trustees shall, in determining which roads
and treets shall be first improved, of those designated by the commis-
sioners, select those nearest the center line of such township, north and
south, and if, in their opinion, it is not expedient to improve all road^
in all directions at one time, they shall proceed to improve the roads
which in their opinion are the most traveled and used within such town-
ship.

(4686-8) Sec 8. [Record; account of receipts and expendit-
ures.] 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;

172

LAWS RELATING TO AGRICULTURE.

record of their proceeding? 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 liabilities already accrued, and
then only in pursuarce of orders caused 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 township trustees, upon the
township treasurer, and in favor of persons only to whom the money is
due.

(4686-9) Sec. 9. [Award of contracts.] When the township
trustees have by resolution determined to improve a designated road,
the work of its construction shall be by them publicly let to
the lowest responsible bidder, after notice given of such letting by pub-
lication in one or more newspapers if published in such township, and
by handbills judiciously posted, at least fifteen days before the letting of
the contract.

(4686-10) Sec. 10. [Specifications.] For the purpose of let-
ting contract, the trustees shall cause each road about to be im-
proved, to be divided, into suitable sections, and the sections num-
bered from the point of beginning, toward the township line, and shall
let the same by sections. All contracts shall be let upon proper speci-
fications 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.

(4686-11) Sec. 11. [Bond.] Contractors shall be required to
give bond in amount at least equal to the contract price, with sufficient
security for the faithful performance of his contract, payable to the town-
ship trustees, for the use and benefit of such township, and with the
•necessary stipulations on part of the contractor, and specifications of the
work and material inserted therein.

(4686-12) Sec. 12. [Point where construction to begin; pay-
ment.] In all cases the constructions of such roads shall com-
mence at the point of beginning, and no payment for work shall
rje made except upon the estimates made by the superintendent of im-
proved roads, appointed by the trustees, and by him duly certified, for
work actually done and for material actually furnished, after reserving
such per cent., not less than fifteen, as may be fixed by the parties to the
contract, to guarantee the performance thereof.

14686-13) bEC. 13. [Specifications.] Xo road shall be im-
proved under the provisions of this act which is less than forty feet
in width, and shall be graded at least twenty feet in width ; shall be turn-
piked with earth so as to drain freely to the sides and may be macadam-
ized, raised with stone or gravel not less than ten nor more than six-
teen feet in width, and not less than sixteen inches thick in the center,
nor less than twelve 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 road shall
he well provided with the necessary side drainings. waste-ways and
nnder-drains to prevent overflowing or washing of water : and the com-

LAWS RELATING TO AGRICULTURE.

173

missioners of the county in which such township is located shall, upon
the application of the township trustees, cause the necessary bridges
and culverts on said road to be constructed or reconstructed in a sub-
stantial manner so as to conform 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 a bridge when for the time being, on account of the financial
condition of the bridge fund they cannot, in their judgment, do so,
without neglecting the needed repairing or construction of other TTrirtges
of greater public importance.

(4686-14) Sec. 14. [Free turnpikes; regulation of tires.] All
roads improved under the provisions of this act shall be free
turnpikes ; but the trustees of any such township shall have the same
power to regulate the width of the tires to be used on such road 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 improved roads.

(4686-15) Sec. 15. [Employment, pay, oath, etc., of superin-
tendent of the improved roads.] Before entering upon the improve-
ment 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 time actually employed,,
out of the funds raised for the improvement of roads. He shall, be-
fore entering upon his duties, take and subscribe an oath or affirmation
to faithfully and honestly discharge his duties, and shall give bond in
the sum of five 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 im-
proved roads of such township ; and for the duties performed under the
provisions of this act, the trustees shall, upon filing an itemized state-
ment to the clerk of such township, as provided in section 1530. Re-
vised 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 hundred dollars each, for the services
performed under this original act; and the trustees shall allow the
township clerk for services performed under this act a reasonable com-
pensation, not to exceed one hundred dollars in any one year.

(4686-16) Sec. 16. [Duties of superintendents; payment for
work, etc.] It shall be the duty of the superintendent of improved
roads, of such township, to prepare all plans, profiles, specifications
and to determine the grade of any road about to be improved by the
trustees of such township, when by them directed so to do : and all
work done on said roads 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, esti-
mates for the work done and material furnished, at such times, as the

174 LAWS RELATING TO AGRICULTURE.

contract may provide, and may employ such assistance as he may re-
quire, first having had the consent of such trustees thereto, who shall
receive such compensation as the township trustees may allow.

(4686-17) Sec. 17. [Issue of bonds.] For the purpose of pro-
viding the money necessary to meet the expenses of improving such
roads, the trustees of any such township may, if in their opinion it be
advisable, issue the bonds of the township, payable at such times as
thev may determine, not exceeding thirty years, in the sum of five hun-
dred dollars each, bearing interest at a rate not to exceed six per cent,
per annum, payable semi-annually ; 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 such 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 township.

(4686-18) Sec 18. [Annual tax.] When the trustees of any
such township have determined 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 pro-
visions of section seventeen [§(4686-17)] of this act, together with the
interest thereon, they shall, in addition to the other road taxes author-
ized by law to levy annually upon each dollar of valuation of all the tax-
able property of such township an amount not exceeding three mills
upon each dollar of such valuation, and shall continue such levy from
year to year until all the roads 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.

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, shall, when the
petition of one hundred or more of the taxpayers of such township, in-
cluding any village, therein, is presented to them praying for an increase
of tax levy for the improvement of public roads and streets of such town-
ship and 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 village, at the next general election held after
the presentation of such petition. The qualified electors of such town-
ship and village shall, at said election, have submitted to them the policy
of an increase of tax levy for the improvement of its public roads and
streets by general taxation. Those voting in favor of such proposi-
tion shall have on their ballots, "Increase of tax levy for road improve-
ment 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, includ-
ing such village, an amount not exceeding "six mills upon each dollar
of valuation, as provided in section 4686-18 of this act ; and if a ma-
jority of the votes cast are ^against an increase of tax levy for road im-

LAWS RELATING TO AGRICULTURE. 175

provement 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 general 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.

(4686-19) Sec. 19. [Certification and collection of taxe.] Teh

trustees of any such township shall cause the amount of taxes by
them levied each year, under the provisions of section 18 [§(4686 — 18)]
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 town-
ship, and the same shall be collected by the treasurer of said county as
other taxes are collected.

(4686-20) Sec. 20. [Provisions for repairs.] The trustees of
any such township shall provide for the keeping in repair of such im-
proved roads and for that purpose the provisions of sections 4891,
4892 and 4893, and any amendments thereto of the Revised Statutes are
made applicable to such township.

(4686-21) Sec 21. [Annual tax for repairs.] To provide a
fund for the keeping in repair of such improved roads, 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 taxable property in
such township, in addition to other road taxes by them levied.

(4686-22) Sec 22. [Duties and fees of township treasurer.]
The treasurer of any such township shall receive and disburse all money
arising 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 amount in excess of ten thousand dollars, to be paid out of the town-
ship funds, and he shall receive no other compensation for services ren-
dered under this act.

(4686-23) Sec 23. [Exemption.] No taxes or assessments
shall be levied upon any property in such township, by the county com-
missioners of the county in which it is located, under the provisions of
chapters 6, 7, 8, title 7, of the Revised Statutes of Ohio, after any public
roads thereof have been improved under the provisions of this act.

(4686-24) Sec 24. [Application of cost where improvements
made on assessment plan.] That in all cases where roads 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 process of being paid for, by abutting property owners, that the
entire cost of the improvement herein provided for such width as may
be designated by the commissioners, and at such time as such commis-
sioners may designate such roads for improvement shall be paid to the
treasurer of the township, as the case may be, and the money so paid shall

176 LAWS RELATING TO AGRICULTURE.

be by him applied to the payment of outstanding bonds issued for said
improvement.

(4686-25 ) Sec. 25. [Restrictions.] That not to exceed five
miles of roads shall be improved in any one year, and that in no event
shall the bonds herein authorized be issued for a sum greater than is
required to pay the cost of the improvement of roads for the current year.

(4686-26) Sec. 1. [Improvement of dedicated street, etc., by
township trustees; appropriation of real estate therefor.] Upon the
presentation 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 situated, are hereby
authorized and required to open, extend, widen and straighten said
street, alley or avenue, in such manner as may be indicated on the re-
corded 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.

(4686-27) Sec 2. [Proceedings for appropriation.] The trus-
tees of any township upon receiving the petition, as provided in section
one (1) [§(4686-26)] hereof, shall immediately make application to
the probate court of the county, as provided in section 2236 of the Re-
vised Statutes of Ohio, and thereafter, as far as practicable, the pro-
ceedings shall conform to, and be had under the provisions of sections
2236 to 2261, inclusive, of the Revised Statutes of Ohio.

(4686-28) Sec 3. [Compensation of trustees; assessments
upon abutters; payment of assessments; collection of unpaid assess-
ments; application of moneys; power of county treasurer.] The trus-
tees shall receive 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
lien 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
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 be-
fore the second Monday of September annually, certify all unpaid assess-
ments to the county auditor, and the same shall be placed on the tax
list, and shall be, with ten (10) per cent, penalty to cover interest and
cost of collection, collected by the county treasurer in the same manner
as other taxes are collected, and when collected he shall pay the same to
the township treasurer ; and all moneys received by the township treas-
urer 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

LAWS RELATING TO AGRICULTURE, 177

county treasurer shall have the same power and authority now allowed
by law for the collection of state and county taxes.

(4686-29) Sec 4. [Bonds.] For the purpose of raising money
necessary 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.

(4686-30) Sec. 1. [Levy for improvement of highways by
township trustees.] The trustees of any township in the state of
Ohio, wherein no other system of road improvement by macadamizing or
graveling has heretofore been adopted and in use, be, and are hereby
authorized to levy and assess upon the taxable property of their respec-
tive townships, a tax not exceeding four mills in any one year upon the
dollar valuation of the taxable property of such township in addition to
other taxes authorized by law, for the purpose of improving by macadam-
izing 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.

(4686-31) Sec. 2. [Collection of tax.] That the taxes author-
ized 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 when collected shall be paid to the township treasurer of the
township from which the same was collected, and be under the control
of the township trustees thereof, for the purpose of improving by macad-
amizing and graveling the public highways of such township.

(4686-32) Sec 3. [Trustees to determine roads for improve-
ment; 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
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, under
the direction of the board of trustees, a survey and level of the road or
road 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, fix 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 super-
visor of such district, but be performed in such manner as shall be
prescribed by the trustees.

12 F. H. B.

178 LAWS RELATING TO AGRICULTURE.

14686-331 Sec. 4. [Letting of work.] A majority of the board
pi trustees shall be necessary to order the said road improvement, and
the work of the construction, and the furnishing" oi the material for such
improvement shall be publicly let : excepting such work as may be done
fey the supervisors of the road district as herein provided. The con-
tract for the material to be used in the construction of said road im-
provement, and the contracts for hauling said material upon the roads,
shall be let separately.

(4686-34) Sec. 5. [Notice by publication; contract to be let
to lowest bidder; bond.] The trustees, after having given public
notice of the time and place of such letting for at least two weeks, in
.a newspaper of general circulation in the township or county, or by
"hand-bills, or both, at the discretion of the board of trustees, specify-
ing the kind and quality of the material, and the part of the rqgd 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 material
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
respects 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.

(4686-35) Sec. 6. [Overseer; compensation.] The board of
trustees may appoint one of their number, or some other suitable per-
son, who shall oversee the work, and for services rendered under the
provisions of this act, [and] they shall be entitled to receive, for each
day actually employed the sum of' one dollar and fifty cents per day,

[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
rustees.

14686-36) Sec. 7. [Expenses paid from road fund.] The fees
of the township officers, the engineer, and the person who may be ap-
pointed 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 ori the township treasurer, countersigned
by the township clerk.

LAWS RELATING TO AGRICULTURE. 179

(4686-37) Sec. 8. [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 come into the township treasury from the county treasurer,
as provided for in section one thousand four hundred and fifty-nine
i 1459) of the Revised Statutes of Ohio.

(4686-381 Sec. 1. [Township trustees may create township
into road district for purpose of improving public way.] 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, macadam-
izing or graveling, draining, adverting, and bridging, may, by resolu-
tion, create said township into a road district for the purpose of improv-
ing the public ways therein, or any number of them ; and when, in any
such township, there may be a municipal corporation, or municipal cor-
porations, 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 appro-
priate name, by which it shall be known and designated.

(4686-39) Sec. 2. [May borrow money and issue bonds.] That
in order to provide means for improving the public ways in 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 of 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 of
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 trustees,
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.

(4686-40) Sec. 3. [Question to be submitted to electors.] That
before 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 m the manner as provided by the laws of Ohio for other gen-
eral or special elections, as the case may be.

180 LAWS RELATING TO AGRICULTURE.

(4686-41) Sec. 4. [Ballots for election.] That whenever the
township 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.

(4686-42) Sec. 5. [Judges and clerks of election.] That, at
any election held thereunder, the judges and clerks of election for the
time 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 result of said election forthwith
after it shall have been ascertained, to the clerk of said township, who
shall abstract and record the same, and the electors at such election, desir-
ing to vote in favor of the proposition shall place a cross mark, in black
lead pencil, to the left of the words "Road improvement bonds — Yes/'
and those desiring to vote against said proposition shall place such cross
mark to the left of the words "Road improvement 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.

(4686-43) Sec. 6. [ Employment of engineer ; his duties. ] That
immediately after said election, if said proposition shall have carried,
the township 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 prac-
ticable, with the main roads; and in improving such public ways the
macadamized, or graveled, portion shall be so located, whenever' prac-
ticable, 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.

(4686-44) Sec. 7. [Division of improvement into working sec-
tions.] That as the improvement of each public way is determined
upon, the engineer shall proceed to divide the improvement into work-
ing sections and to make a correct profile of each working section of such
public way as it then exists, and a profile of the grades established for

LAWS RELATING TO AGRICULTURE. 181

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.

(4686-45) Sec. 8. [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 like manner as is
•provided by law for other township improvements.

(4686-46) Sec. 9. [How payments to be made.] That pay-
ments 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 the final completion and acceptance of the
work.

(4686-47) Sec. to. [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 expedient
by the township trustees ; and shall be advertised and sold in the manner
provided by law for the advertisement and sale of any other township
bonds.

(4686-48) Sec 11. [How repairs to be kept up.] That such
public ways, when improved, shall be maintained and kept in repair
by the county commissioners, and the expense thereof shall be paid out
of the county road fund.

(4686-49) Sec 12. [Tax levy.] That the township trustees
shal provide 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 pro-
vided by law in the case of other levies of other township trustees.

(4686-50) Sec 13. [Supervisor of improvement; compensation.]
That the township trustees shall designate one of their number to super-
vise 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 and necessarily employed in such supervision ; and the trustees
shall provide such blanks, books and records, 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.

APPEALS IN ROAD CASES.

Sec 4687. [When order to open road may be executed.] No

order of the county commissioners for the establishment 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 executed 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 direction of the trustees,
'unless an appeal has been perfected.

182 LAWS RELATING TO AGRICULTURE.

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 the 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 suffi-
cient sureties, to be approved by the county auditor, a bond or under-
taking, 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 payment 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 commissioners ; but
minors, idiots, or lunatics, or their guardians respectively, may appeal
without giving bond, by causing an entry to that effect to be made within
the period aforesaid, by the county auditor in the record of the commis-
sioners.

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,
from the record of the commissioners, of all proceedings and orders had
or made by or before them therein, upon the receipt of which, the probate
judge shall forthwith docket the proceedings, styling the petitioners
plaintiffs, and the appellants defendants, and shall set a day for the hear-
ing thereof, which shall. not be later than the twentieth day after such
docketing of the appeal.

Sec. 4691. [When court may affirm or set aside proceedings.]
If, upon the hearing of the matter, it appear that the proceedings previous
to the appeal were, in substance, regular and legal, and if no exception be
taken by any claimant of compensation and damages to the assessment
returned to and approved by the county commissioners, the probate court
shall affirm the orders of the commissioners, and enter a judgment against
the appellants for all costs created by the appeal ; but if the previous
proceedings are found to be substantially erroneous, the court shall set
them aside, and order another view by three disinterested freeholders of
the county, to be appointed by the court, who shall perform the same
duties that are required by chapter Hvo, of viewers appointed bv countv
commissioners, except that they shall make their return to the probate
court.

Sec. 4692. [The order to viewers.] The order to the viewers
shall specify a place where, and a day upon which, or within two days,
Sunday excepted, thereafter, they shall meet to commence the perform-
ance of their duties, and shall require them to make their report on or
before a day therein specified, which shall not be later than the twentieth
day after the entry of the order in said court ; and the court shall also
appoint a surveyor to attend the viewers and perform the duties required

LAW'S RELATING TO AGRICULTURE. 183

by the chapter aforesaid of surveyors, who shall have power to take to
his assistance two chainmen and a marker, all of whom shall be disin-
terested, and he shall deliver a report and plat of his survey to one of
the viewers, in time to be returned with their report and it shall be so
returned.

Sec. 4693. [When the court must confirm proceedings.] If the
proceedings and report of viewers and surveyor, or of the reviewers
hereinafter mentioned, be substantially legal, and also substantially^ coin-
cides with the order of the commissioners appealed from, the court shall
confirm such proceedings and report, and shall render a judgment against,
the appellants for the costs created by the appeal ; or, if the report of the
viewers be favorable to the petitioners, but materially varies from the
order appealed from, the court shall nevertheless confirm the same, if it
be within the scope of the petition, and substantially legal ; and the court
may, in such case, require all the costs created by the appeal to be paid
by the appellants, or by the petitioners, or a portion of them by the one
party, and the residue by the other, as may be equitable, and shall render
a judgment accordingly.

Sec. 4694. [When review may be ordered.] If the report of the
viewers, appointed by the court be adverse to establishing, altering, vavat-
ing, or changing the width of the road, the court shall, upon the motion
of the petitioners, or any twelve of them, but not otherwise, order a
review by five disinterested freeholders of the county, to be appointed
by the court, to whom an order similar to that hereinbefore prescribed in
respect to viewers shall be issued ; and such reviewers shall examine the
proposed new road, alteration, or change, or road or part thereof pro-
posed to be vacated, as defined or referred to in the order appealed from.
and report in writing to the court their opinions for or against the same.
with their reasons; and if their report be such as is mentioned in the
first clause of the preceding section, the court shall proceed as directed
in said clause, but if it be adverse to such new road, alteration, change
or vacation, no further proceedings shall be had in the premises, except
to render a judgment against the petitioners for all costs that have accrued
from the commencement of the proceedings before the commissioners.

Sec. 4695. [When other viewers, etc., may be appointed.] When

a viewer, reviewer, or surveyor, appointed by the court, is unable or fails
to attend to the duty required of him, the court may substitute another in
his stead.

Sec 4696. [Oath of viewers, etc.] Every viewer, reviewer, sur-
veyor, chainman or marker, appointed or selected under the provisions
of this chapter, shall, before entering upon his duties, take an oath faith-
fully and impartially to discharge the duties of his appointment, which
oath may be administered by any person authorized by section forty-si.v
hundred and forty-eight to administer an oath, or by any other competent
authority.

Sec 4697. [Appeals from township trustees.] An appeal to the
probate court from the final decision of the trustees of the township or any
petition or report for or against the establishment of a road, shall be
allowed, and the court may order another view of the road, assessments
of damages, or make any other order which may be just and reasonable
in the case, if the appellant enter into bond to the state, for the use of
the township, in the sum of one hundred dollars, with sufficient security..

184 LAWS RELATING TO AGRICULTURE.

to the acceptance of the township treasurer, within fifteen days from the
date of the decision of the trustees ; conditioned, in case the appeal be
from a decision in favor of the establishment of a road, for the payment
of all costs and expenses arising from such appeal if the road be estab-
lished and the assessment of compensation and damages be not increased
by the proceedings had in the probate court, and in case the appeal be
from a decision against the establishment of a road, such bond shall be
conditioned for the payment of all costs, and expenses arising from such
appeal, if the road be not established by the proceedings in the probate
court; and the appeal shall be entered with the probate judge within six
days from the filing of the bond with the township treasurer.

Sec. 4698. [Decision of court certified to trustees.] The decis-
ion obtained in the probate court as provided in the foregoing sections
shall be certified to the township clerk, who shall notify the trustees
thereof; whereupon the trustees shall dispose of the case agreeably to
the order of the probate court, and the probate judge shall be allowed
to tax the same fees which are by law allowed for similar services in
other cases.

Sec. 4699. [Appeals by claimant of damages.] Every claimant
of compensation and damages on account of the establishment or altera-
tion of a county or township road, or alteration of a state road, or change
in width of a county road, may appeal to the probate court, from the
final decision of the county commissioners or township trustees, con-
firming the assessment of compensation and damages made by *"he
viewers in his behalf, or the refusal of the viewers to award damages
to him, which appeal shall be perfected and docketed in the mode herein-
before described in section forty-six hundred and ninety, [except that]
the appellant shall be the plaintiff, and the obligors in the bond shall
be the defendants ; and several claimants may unite in a joint appeal,
although their claims may be distinct, or they may severally appeal.

Sec 4700. [Proceedings on such appeal.] Upon such appeal,
whether joint or several, the probate court shall confine itself to the
questions of compensation and damages presented by it, and shall forth-
with, after the docketing thereof, cause a jury of twelve men to be se-
lected and returned by the sheriff and clerk of the county, as provided
by law, and, after receiving the names of such jurors, issue a venire
commanding them to appear in court, on a day and hour named in the
venire, which shall not be later than the twentieth day from its date,
to serve as jurors upon the trial of. such claims.

Sec 4701. [Notice to appellants and obligors.] The court
shall also issue a summons or notice to all the appellants, whether joint
or several, and to the obligors aforesaid, to attend at the same time and
place, which summons or notice shall be served by delivering to each
person named therein a copy thereof, or by leaving such copy at his
usual place of abode ; and if any of the parties are non-residents of the
county, but have an agent or attorney therein, service on such agent
or attorney, in manner aforesaid, shall be sufficient, or a summons or
notice may be sent to another county for service upon anv partv resid-
ing or being therein; if an appellant "is a non-resident when he perfects
his appeal he shall leave with the probate judge the name of an agent
or attorney in the county, upon whom servicemay be made, and if he
fail to do so, no service upon him shall be necessarv ; and service upon
a guardian shall be sufficient service upon his ward."

LAWS RELATING TO AGRICULTURE. 185

Sec. 4702. [Challenges, talesmen, and oath of jurors.] 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
talesman [talesmen] as in other cases ; each party shall be entitled to
two peremptory challenges, and may make any number of challenges
for cause ; and in respect to challenges, the appellants whose claims are
•on trial shall be considered as one party, and the obligors as the other ;
the jury shall be sworn in all the causes, whether the appeals are joint
•or several, at the same time, unless for good cause shown The~ court
•otherwise direct ; and the oath of the jury shall conform, as nearly as
may be, to the oath prescribed for the jury in proceedings by corpora-
tions to appropriate property.

Sec. 4703. [Conduct of the trial.] On motion of either party,
or of any one of the appellants, the jury shall, under the care of an officer
of the court, and with such person or persons as the court may appoint
to show them the premises, and before any testimony shall be given,
except the plat and field notes of the road and the title papers of the
claimants, if produced, which they shall take with them, proceed to ex-
amine the road as established or ordered, and the property of the several
claimants taken therefor, or alleged to be injured thereby, and after
making such examination, shall return to the probate court, at the time
the court shall have appointed ; whereupon, or upon the jury being
sworn, if no view is moved for, the trial of the claims, in the order the
court shall direct, or any number or all of them at the same time, if
the parties so agree, shall be proceeded with in the same manner as in
other jury trials in the court; but any claimant may elect to have his
claim tried separately ; and the jury shall render a separate verdict upon
each claim, which shall be entered upon the record of the court, and a
new trial shall not be granted except for misconduct of the jury, nor
shall an appeal, except by petition- in error, as hereinafter provided,
be taken to any other court.

Sec. 4704. [Trial by jury after assessment in court.] When an
assessment for compensation and damages has been made, or refused,
by viewers of a county or township road, or alteration of a state, county,
or township road, or change of width of a county road, appointed by
the probate court, any claimant may, before the confirmation of the
report of the viewers, file exceptions to their decision upon his claim
whether it was rejected altogether, or compensation and damages
awarded to him ; whereupon such proceedings shall be had for a trial
by jury, of his claim, and of any others thus prosecuted, as are provided
in the preceding section ; and the provisions of said section shall, in all
respects, apply to the same.

Sec. 4705. [When claimant to pay costs.] If by the final decis-
ion in the probate court, any claimant of compensation and damages do
not obtain a greater sum than was awarded to him by the order of the
commissioners or township trustees from which he appealed, he shall
pay all costs created by his appeal, so far as the court can ascertain the
same, and judgment shall be rendered against him for the same ; and
in cases not hereinbefore specially provided for the court shall give such
judgment in respect to costs as may be equitable,

[County paying costs for defendant.] And the county commis-
sioners may, in their discretion, pay out of the county treasury any part
or all of any costs that may be adjudged against defendants if in their
opinion the public utility and the justice of the case justifies it.

186 LAWS RELATING TO AGRICULTURE.

Sec. 4706. [Judgments therefor to be in favor of state.] AIL
such judgments shall be rendered in favor of the state, and may be
enforced by execution issued by the probate court, of its own motion, or
at the instance of any person entitled to any part thereof, and the money,
when collected, shall be paid to the persons respectively entitled thereto.

Sec. 4707. [Court to make complete record.] The probate
judge shall make a record of all proceedings had in the probate court
under the provisions of this chapter, including the reports and plats
of viewers, reviewers, and surveyors, and forthwith, after the termina-
tion of the proceedings upon an appeal, transmit to the county auditor.
if the appeal was from the county commissioners, or to the township-
clerk, if it was from township trustees, all original papers received from
him, and also a transcript, from the record aforesaid, of the proceedings
upon such appeal.

Sec. 4708. [When auditor to make record, and its effect.] If
it appear by the transcript so transmitted to the county auditor that the
court has approved the establishment, alteration, vacation, or change
of a road, and that the compensation and damages, if assessed in or
under the orders of the court, do not, in the aggregate, exceed the amount
assessed, approved, and ordered to be paid out of the county treasury
before the appeal, the auditor shall forthwith record, in the proper book,
the final decision of the court in the premises, with all reports, plats,
field notes, or other matters appearing in the transcript necessary to
a right understanding of the same, and note in said book the date of
such recording ; and thenceforth the road shall be established, vacated,
altered, or changed, as the case may be, and he shall issue the necessary
orders for the payment of the compensation and damages.

Sec. 4709. [When commissioners may pay damages.] But if
the damages so assessed exceed, in the aggregate, the amount ordered
to be paid out of the county treasury, the auditor shall lay the papers and
transcript before the county commissioners, at their next session, who
may thereupon establish such road, alteration, or change, and order the
compensation and damages to be paid out of the county treasury, or
refuse to establish the same unless the compensation and damages, or
such portion thereof as they shall require, be paid, within such time as
they may designate, by the petitioners.

Sec. 4710. [When auditor shall issue order, and its effect.] If
the appeal from the county commissioners was under section forty-six
hundred and ninety-nine, and the compensation and damages assessed
in that court in favor of all the appellants do not, together with the com-
pensation and damages awarded to claimants who did not appeal, ex-
ceed the amount which the commissioners had, before the appeal, or-
dered to be paid out of the county treasury, the auditor shall issue the
necessary orders for the payment of all said compensation and damages.
and the road, or alteration, shall be considered as established from "the
date of the final order in the probate court.

Sec. 471 1. [Proceedings of commissioners on transcript.] But
if the assessments in the probate court, with the compensation and dam-
ages awarded to claimants not appealing, exceed the amount so ordered
to be paid out of the county treasury by the commissioners, the auditor
shall lay the papers and transcripts received from the probate judge be-
fore the commissioners, at their next session, and they shall act upoij

LAWS RELATING TO AGRICULTURE.

187

the same as in the case mentioned in section forty-seven hundred and
nine, but the commissioners, if in tiieir opinion a part onlv of a road will
be of public utility, may record and establish such useful part, and reject
the residue, if such division can be made without affecting the rights
of anv person entitled to compensation and damages.

Sec. 4712. [Proceedings of trustees on transcript.] The town-
ship clerk, upon receiving a transcript from the probate judge, as afore-
said, shall lay it before the township trustees, who shall make an oTder
in conformity with the decision of the probate court.

Sec. 4713. [Decison of court reviewable on error.] The final
decision of the probate court, made under the provisions of this chapter,,
may be reviewed, upon a petition in error, by the court of common pleas
of the proper county, but shall not be reversed for any defect in form
if found to be substantially correct ; and upon a reversal, a court "oi
common pleas may award a writ of procedendo, when deemed necessary.

Sec. 4714. [Fees of officers and others.] For their services re-
quired by this chapter, the officers herein mentioned or referred to shall
be entitled to the same fees as they are entitled to by law for like services
in other cases; and the person or persons appointed to show premises to
a jury shall receive such compensation, to be taxed in the cost bill, as
the court shall direct.

SUPERVISORS AND ROAD WORK.

Sec. 4715. [Duties and powers of supervisors.] Every super-
visor shall open or cause to be opened, and also keep in repair, all public
roads and highways which are laid out and established in his road dis-
trict, and remove, or cause to be removed, all encroachments, by fences or
otherwise, and all obstructions that may from time to time be found
thereon ; and supervisors may enter upon any uncultivated or improved
lands, unincumbered by crops, near to or adjoining such roads, cut or
carry away timber, except trees or groves or improved lands planted or
left for ornament or shade, and may dig, or cause to be dug and carried
away, any gravel, sand or stone which may be necessary to make, im-
prove or repair any such road, and that the owner of such property so
taken by the supervisor be paid a reasonable compensation therefor, to
be assessed by the trustees, and said claimant, for his damages, may have
an appeal, as hereinbefore provided for in section forty-six hundred and
ninety-nine, and the amount found due shall be paid as provided in sec-
tion four thousand seven hundred and forty-five.

Ditches and watercourses on highways into which underground drains empty
shall be kept open and deep enough by supervisor. § (4510-16).

Sec. 4715a. [Unlawful making of open ditches along highways ;,
penalty.] It shall be unlawful for any supervisor to excavate or make
any open ditch on and along a public highway in front of any dwelling-
house or yard surrounding the same, or entrance thereto, or in front of
the entrance or approach to any barn on that side of the road on which
the said buildings are situate, unless he forthwith puts in a sufficient
under-drain and fills up the excavation to the original level, except when
authorized to make such open ditch at such points, by the owner of such
buildings or trustees of the township. And any road supervisor violating
this section shall forfeit and pay to the owner of any such buildings

188

LAWS RELATING TO AGRICULTURE.

twenty-five dollars, to be recovered in a civil action before any justice of
the peace.

Sec. 4716. [Further powers of supervisors.] A supervisor may
also enter upon any lands adjoining or lying near the road, and make
such drains or ditches through the same as he may deem necessary for the
benefit of the road, but shall do as little injury to such lands, and the
improvement and timber thereon, as the nature of the case and the
public good will permit ; the drains and ditches so made shall be con-
ducted to the nearest water-course, and shall be kept open by the super-
visor ; and they shall not be obstructed by the owner or occupier of the
lands, or any other person having the same in charge, under the penalty
of forfeiting a sum not exceeding ten dollars for each offense, which
shall be collected by the supervisor, and paid by him to the township
treasurer, and applied to the road fund of the township.

(4716-1) Sec. 1. [Road taxes in Highland county ; how may be
worked out.] In every county in the state of Ohio, having a popula-
tion of thirty thousand two hundred and eighty-one (30,281) at the
last federal census, or any succeeding census, all taxes collected for the
repair of all free turnpike roads, and all county roads in said counties, and
expended on said roads under the supervisor or any other authorized
agent, it is hereby made the duty of such supervisor or agent, to notify all
the tax-payers living in any road district in any of the foregoing specified
counties whose road tax shall exceed two dollars in any one year, of the
time and place of making said road improvements, and said tax-payers
shall have the right to work out so much of their several amounts of road
taxes as may be expended on said roads, under the direction of said super-
visor or agent, at such time and place as he may specify.

(4716-2) Sec. 2. [Penalty for noncompliance with provisions
of this act.] Any supervisor or agent neglecting or refusing to notify
any of the taxpayers specified in section one [§(4716 — 1)] of this act,
shall be liable for the amount of said taxes to be collected by the town-
ship trustees, or county commissioners, in an action of debt from the
supervisor or agent or their securities on their official bond, for the
benefit of any such road as the original tax was levied.

For "Labor on Highways," etc. See § (2664 — 4) et seq.

Sec. 4729. [Road-beds to be leveled off.] Every supervisor
shall 'cause to be graded and leveled off, the earth and gravel that may
be scraped, shoveled, or hauled into any public road under his direction
or charge, at the time that such work is performed ; and for any neglect
or refusal on the part of such supervisor to cause such leveling or grading
in a reasonable degree, he shall forfeit not less than one dollar nor more
than five dollars, to be paid into the township road fund, to be recovered
by an action in the name of the township, before a justice of the peace
within the township where such supervisor resides ; and the trustees of
the township, after having been notified by any resident freeholder of the
township of such neglect or refusal, shall, by one of their number,
examine the work, and if he find that it has not been performed in a rea-
sonable degree according to the provisions of this section, he shall pros-
ecute such supervisor as provided herein.

Sec. 4730. [Destruction of brush, briers, weeds, etc., on high-
ways.] The superintendent of any improved or macadamized road,
.supervisor of county and township roads, or street commissioner of any

LAWS RELATING TO AGRICULTURE. 189

city or village, shall, between the 1st and 20th clays of June, and between
the 1st and 20th days of August, and if necessary, between the 1st and
20th days of September of each year, cut and burn or destroy, or cause
the same to be done, all brush, briers, burrs, Russian and Canada or
common thistle, or other noxious weeds growing or being within the
limits of any county or township road, improved or macadamized road,
street or alley within his jurisdiction.

[Compensation.] Such supervisor or superintendent shall be
allowed not to exceed $1.50 per day, for all necessary labor done in the
performance of said work, to be allowed by the trustees and paid by the
treasurer of the township out of the road fund, or general fund, but a
street commissioner shall be allowed and paid, for any such services
performed by him, by the proper municipal authorities.

[Owner or tenant may perform labor ; compensation.] The super-
visor or superintendent of any such roads shall allow any land owner
or tenant to cut and destroy any such brush, briers, burrs, thistles or
other noxious weeds, growing or being on such roads along the lands
abutting on such roads owned or occupied by such land owner or tenant,
but before the said work is performed shall fix a reasonable compensa-
tion therefor, which shall be credited on the road tax of that year assessed
against said premises ; provided, however, that such land owner or tenant
shall do said work or cause the same to be done before the 1st day of the
month in which such work is required to be done as specified in this
section.

[Destruction of briers, brush, etc., on toll roads; penalty.] The
superintendent, or manager of any toll, steam or electric road shall cut,,
burn or destroy, or cause the same to be done, all brush, briers, burrs,
Russian, Canada or common thistle, or other noxious weeds growing
or being within the limits of any such road between the days of each
month as above specified in this section, and in default thereof, and for
five days thereafter, the trustees of any township through which any such
road passes, shall cause the same to be done, and shall have the right of
action against any such toll, steam or electric road company for the
amount of such work, together with one hundred per cent, penalty, and
costs of action to be recovered before any justice of the peace of such
county.

Sec. 4731. [Drift against bridges, ditches, or culverts to be re-
moved.] The supervisor of each road district, or the superintendent
of any free turnpike or improved road, shall remove or cause to be
removed all timber or drift lodged against bridges, except toll bridges,
or bridges upon toll roads, and all timber, drift and sediment lodged in
and obstructing the free passage of water in ditches constructed for the
draining and protection of such roads, or under or against any culvert
over the same, or over any natural water-course adjoining and upon the
line of free turnpikes, and all other public roads in his district ; and he •
shall receive the same compensation for such work or duties performed
as is prescribed by law for other road work. And in case any supervisor
or superintendent fails or neglects to comply with the provisions of this
act, he shall be held liable to a fine of not less than five and not more
than twenty-five dollars. And any adjoining landowner affected thereby
may, at the expiration of ten days, after serving a written notice on
such supervisor or superintendent to remove any drift or sediment, as
herein mentioned, of his own motion, remove or cause the same to be-

190 LAWS RELATING TO AGRICULTURE.

removed, for which he shall receive the same compensation and from the
same source as such supervisor or superintendent would have been
entitled to in the performance of his duty.

Sec. 4732. [Destruction of Canada or Russian thistles, wild let-
tuce or wild mustard growing on lands in townships.] The trustees
of any township in this state upon information in writing, that Canada
or Russian thistles, wild lettuce or wild mustard are growing on any
lands in their township, and are about to spread or mature seed between
the first day of June and the fifteenth day of October of each year, said
trustees shall cause notice in writing to be served upon the owners, lessee,
agent or tenant having charge of any such lands notifying such owner,
lessee, agent, or tenant that Canada or Russian thistles, or other noxious
weeds mentioned in this section, are growing on such lands, and that
such Canada thistles, or other noxious weeds, shall be cut and destroyed
within five days after the service of such notice; and in default thereof,
the said township trustees shall enter upon such lands and cut and destroy
such thistles, or other noxious weeds ; and that the cost of cutting the
same with the cost of such notice, will become a lien against said lands.
Any constable or deputy, marshal of any city or village, or deputy, is
hereby authorized to make service and return of any such notice, and the
fees of such service and return shall be the same as are allowed for service
and return of summons in civil cases before magistrates. If any owner,
lessee, agent or tenant having charge of any such lands shall fail to
comply with such notice, the township trustees shall cause said thistle
or other, noxious weeds aforesaid to be cut and destroyed, and may
employ any person to perform such labor, and allow such person fifteen
cents per hour for the time occupied in performing such labor, and pay
the sum for such labor out of any money in the treasury of said township
not otherwise appropriated, and take receipt for the same. Said township
trustees shall make return in writing to the board of commissioners of
their county, with a statement of the charges for their services, the
amount paid to the person for performing such labor, together with the
fees of the officers who made the service of notice and return with a
proper description of the premises ; and the same having been allowed,
shall be entered upon the tax duplicate, and shall be a lien against said
lands, from and after the date of such entry on the duplicate, and shall be
collected as other taxes, and returned to the township with the general
fund.

Sec. 4732(7. [Destruction of Canada and common thistles and
other noxious weeds within cities and villages other than Cincinnati,
Cleveland, Columbus and Dayton.] That in all cities and incorpor-
ated villages, except cities of the first and second grade of the first class
and first and second grade of the second class, the mayor shall, during
the month of May of each year, cause notice to be published for two
consecutive weeks in one or more newspapers published in the cor-
poration, or by posting up written or printed notices in said city or village
at three public places for ten days next previous to the first day of June
of each year, warning the owners, lessees or agents of lots and lands
within such city or village to cause all Canada or common thistles, or
other noxious weeds mentioned in section forty-seven hundred and thirty-
two, growing on any such lots or lands within said corporation, to be
cut and destroyed so that they do not mature seed or spread to adjoin-
ing lands. Trie common council of such city or village shall upon in-
formation in writing that Canada or common thistles or other noxious

LAWS RELATING TO AGRICULTURE. 191

weeds mentioned in section forty-seven hundred and thirty-two are grow-
ing on any such lands within their corporation between the tenth day of
June and the fifteenth day of October of each year, [shall] cause such
Canada or common thistles or other noxious weeds to be cut and destroyed
so that they do not mature seed or spread to other lands, and said council
may employ any person to cut and destroy said noxious weeds and allow
such person so employed fifteen cents per hour for the time employed in
such labor. And said council shall pay said amount out of any money
of the general fund in the treasury of said city or village not otherwise
appropriated, and take a receipt therefor. And said council shall make
return in writing to the board of commissioners of their county, with a
statement of the amount paid for such labor, and one dollar additional,
as a penalty on each lot or parcel of land containing less than one acre,
and with two dollars on each lot or parcel containing more than one
acre. The same having been allowed, the auditor shall enter the amount
so certified to him on the tax duplicate of the comity against the lots
or lands on which said Canada or common thistles or other noxious weeds
were cut and destroyed, and the amounts shall be a lien against said lots
or lands from and after such entry, and shall be collected as other taxes
are collected, and returned to such city or village with the general fund;

[Release of land on payment of costs of such destruction and

penalty.] Provided, that [if] any such owner of such lots or lands
shall tender to the treasurer of such township in cases of townships, or
to the treasurer of such city or village in the case of city or village, the
amounts so chargeable against such lots or lands for such labor, together
with the penalty as certified to by the clerk of said township, city or
village showing the amount of such charges and penalty, the treasurer
shall receive the amount so tendered, upon which said lots and lands
shall be discharged from further liability.

Sec. 4732b. [Compensation of township trustees; penalty for
not performing duties; disposition of fines.] Township trustees shall
be entitled to $1.50 per day for their services under this act; the mayor
of any city or village, or trustees of any township, or superintendent or
other officer of any toll road, or superintendent of any improved or
macadamized road, or supervisor of any county or township road, or
street commissioner oi any city or village, who neglects or refuses to
perform their duties as mentioned in sections 4730, 4732 and 4732a,
shall be fined 'in the sum of fifty dollars in any court having competent
ivirisdietion of such cases: such fines shall go into the road fund of the
township in cases against township or toll road officers; and into the
street fund in cases against mayors or other municipal officers.

Sec. 4732r. [Destruction of Russian thistles on lands in town-
ships; penalty for default; final jurisdiction.] The trustees, consta-
bles, or road supervisors of any township in this state, upon information
in writing that Russian thistles are growing oh any lands in their town-
ship, between the first day of June and the fifteenth day of October of
each year, shall forthwith cause notice in writing to be served upon the
owner, lessee, agent, or tenant, that such Russian thistles shall be cut and
destroyed within five days after the service of such notice; and in
default thereof, such officer shall forthwith make complaint before any
justice of the peace within the township, and any owner, lessee, agent or
tenant, who shall be convicted of such default, shall be fined in a sum
not less than five nor more than twenty dollars, and pay the cost of

192 ' LAWS RELATING TO AGRICULTURE.

prosecution, and in such cases justices of the peace shall have final:
jurisdiction.

Sec. 4732 d. [Destruction of Russian thistles growing on public
highway or right of way of railroad company; penalty for default;
final jurisdiction.] Any person who has personal knowledge that any
Russian thistles are growing on any public highway or right of way of
any steam or electric railroad company in any township of this state
may notify in writing any trustee or road supervisor within the town-
ship such portion of said public highway or right of way of any steam
or electric railroad company is situated and in case Russian thistles
are found growing on the right of way of any steam or electric railroad
company may notify the nearest agent or section foreman who has
charge of such portion of such railroad, and such trustee, supervisors,
agent or section foreman shall within five days after service of such
notice cut and destroy such Russian thistle, or cause the same to be done ;
and in default thereof, such officer shall upon conviction before any jus-
tice of the peace of such township, be fined not more than twenty-five
dollars, nor less than five dollars, and pay the costs of prosecution, and
in such cases justices of the peace have final jurisdiction.

Sec. 4733. [Trustees or road supervisor may construct foot-
walk, foot-bridge, etc., upon petition.] That the trustees may and are
hereby authorized to construct on either side of any public road in the
township a public foot walk or sidewalk, and also public foot-bridges
over streams of water crossing any such road, whenever it is made to
appear by petition of twelve freeholders of the township, presented to
the trustees, that such footwalk, sidewalk or foot-bridge is necessary;
and the trustees may, if the request is deemed reasonable, order the super-
visor of the district in which said improvement is desired to construct
the same of such material and at such expense as the trustees shall
prescribe, which shall not in any manner obstruct the public highway
or any private entrance; or the trustees may construct by contract with
the lowest responsible bidder; all such improvements to be paid for out
of the township road fund. \

Sec. 4734. [Guide-boards to be erected.] The township trus-
tees shall cause to be erected and kept in repair, at the expense of the
township, at all intersections of the public ways of the township which,
lead to any city, town, village, depot or other important place or road,
a post and guide-boards, displaying in legible letters, the name and indi-
cating the direction and distance to all such places to which each of"
said roads leads. Upon the presentation to one of the trustees, of a
petition, signed by ten freeholders, electors of the township, asking for
the erection of a post and guide-boards at any designated intersection of
the public ways of such township, and naming the inscription desired
thereon, the trustees shall forthwith cause the same to be erected ; and
failing or neglecting to do so for the period of sixty days, the petitioners
may cause the same to be erected and colllect the cost thereof, not ex-
ceeding five dollars for each post so erected, from the township trustees.

Sec. 4735. [Trustees to furnish tools, machinery and imple-
ments.] The township trustees are authorized to furnish such tools,,
implements and machinery as they may deem necessary for the construc-
tion, repair and maintenance of the roads in the several road districts
within their township, to be paid for out of any money in the township,
treasury not otherwise appropriated, and shall take a receipt from eacht

laws relating to agriculture. 193

supervisor for such implements as may be delivered to him, showing
the number, kind and condition thereof; and such supervisor shall be
liable for any injury or damage that may result to such implements, or
any of them, from the improper use thereof or by unnecessary exposure
to the weather during the time the same may be in his possession, to be
recovered in an action in the name of the trustees, and he shall, on the
first Monday in March, annually, return the same to the trustees.

Sec. 4736. [Watering places may be provided.] The township
trustees are authorized to provide and maintain suitable watering places
for procuring water for persons and animals on the public highways in
their township, and the trustees of two or more townships may join in
providing and maintaining such watering place where it is located on or
near the township line, or on a road leading from one township into
another; but not more than fifty dollars shall be expended in or by any
township, in any one year, for such purpose, to be paid out of any money
in the township treasury not otherwise appropriated.

Sec. 4737- [Additional road tax.] If township trustees deem
an additional road tax necessary, they shall determine the per centum
to be levied upon the taxable property of their respective townships, not
exceeding three mills on the dollar, for the purpose of cutting down
hills, filling low places, and making repairs that may be necessary by
reason of any casualty that may occur in the public highways of their
respective townships, which shall not, in any year exceed the sum of
two hundred dollars, unless the question of a greater levy be submitted
to a vote of the qualified voters of the township, at a special election
called by the trustees for that purpose; if a majority of the qualified
voters at such election vote in favor of levying an increased tax, for
the purposes aforesaid, the trustees shall certify the same to the county
auditor, in writing, on or before the first Monday of June in each year,
and the auditor shall assess the same on the taxable property in the
township, not included in any municipal corporation, and the same shall
be collected in the December installment, and paid out as other taxes,
except as hereinafter provided.

Sec. 4738. [Rate of such levy to be published.] The auditor of
each county, immediately after the county commissioners and trustees
of townships at their annual sessions for that purpose, have determined
the amounts to be assessed for road purposes in their respective counties
and townships, shall give notice, in some newspaper in general circula-
tion in the county, of the per centum on each hundred dollars of the
valuation so determined to be assessed in such county and township re-
spectively, and that said tax may be discharged by labor on the roads
under the direction of the supervisors of the several districts; and he
shall make a list of the names of tax payers, and the amount of the
road tax with which each stands charged, and transmit the same to the
clerk of the proper township.

Sec 4739. [Tax to be certified to supervisors.] The township
clerk, immediately after the receipt of such list, shall make out and de-
liver to each supervisor an abstract of the amount of road tax each
person in his district is charged with.

Sec 4740, [Passways may be constructed.] Any landholder
through whose land a state, county, or township road is now or may be
hereafter laid out and established, is authorized, under the direction of the

13 F. H. B.

194

LAWS RELATING TO AGRICULTURE.

supervisor of the proper district, to construct a passway either over or
under such road, so as to permit stock to pass and repass ; but the pass-
way shall not be constructed over or under any road within the limits
of the outlots of a city, town, or village, and shall not hinder or obstruct
the travel on such roads, and shall be kept in good repair at the expense
of the landholder.

Sec. 4741. [Vacancies in office of supervisor; how filled.] When
a vacancy occurs in the office of supervisor, by death, resignation, or other-
wise, the trustees of the township shall appoint some suitable person
to fill the vacancy, who shall, before entering upon the duties of his
office, take an oath to faithfully and impartially discharge the duties
of his office, and shall be under the same restrictions and penalties as
though he had been duly elected and qualified.

Sec. 4742. [Penalties against supervisors.] A supervisor who
neglects or refuses to perform the several duties enjoined on him by
this chapter, or who, under any pretence whatever, gives or signs any
receipt or certificate, purporting to be a receipt or certificate for labor
or work performed, or money paid, unless the labor shall have been per-
formed or money paid prior to the giving or signing of such receipt or
certificate, shall forfeit for every such offense, not less than five dollars
nor more than fifty dollars, to be recovered in an action before a justice
of the peace within the township where he resides ; and the trustees
of the township shall prosecute all offenses against the provisions of
this section; but if a supervisor conceives himself aggrieved by the
judgment of such justice, he may on giving sufficient security for the pay-
ment of costs, appeal to the court of common pleas, which shall make
such order therein as to it may appear just and reasonable.

(4742-1) [Supervisors not to work out road tax other than their
own.] No supervisor shall directly or indirectly be concerned in any
contract for working out the road tax, other than his own, provided for
in section (4738) four thousand seven hundred and thirty-eight, under
the penalty provided for in section (4742) four thousand seven hundred
and forty-tzvo.

Sec. 4743. [Only public roads to be worked.] A supervisor
shall not perform nor cause to be performed labor on any road not
regularly laid out and established by law.

Sec. 4744. [Certificates for timber, etc., taken for road.] A su-
pervisor of roads, or a superintendent of a free turnpike, improved, or
other macadamized road having no gate thereon, who takes any timber,
stone, or gravel, for the purpose of making, improving, or repairing any
road or structure, or repairing any bridge or crossway within his dis-
trict, shall, on demand of the owner of the land, or his agent, or the
guardian of any ward, or the executor of any will, having the lands in
charge from which the same were taken, give a certificate showing the
quantity of such timber, stone, or gravel, with the value thereof re-
spectively, and the time, and purpose for which, the same was taken.

Sec. 4745- [How paid.] A person who receives such certificate
shall present the same to the township trustees of the proper~township,
at any regular or called session, within twelve months after the taking
of such timber, stone, or gravel, and the trustees, if satisfied that the
amount is just and equitable, shall cause the same to be paid out of the
fund hereinafter provided for; but a certificate so allowed and paid by

LAWS RELATING TO AGRICULTURE. 195

xhe trustees shall not exceed twenty-five dollars to any road district
per annum ; any greater amount that may be presented shall be exam-
ined, and if allowed, shall be certified by the trustees to the commission-
ers of the county, with the accompanying vouchers, to be allowed by
them if, in their opinion, the same is just and equitable, and the com-
missioners shall cause the same to be paid out of the county funds for
that purpose ; and the township trustees are authorized to levy annu-
ally, upon the taxable property of their respective townships, in addi-
tion to other taxes authorized by law, a tax sufficient to pay such certi-
ficates, not exceeding twenty-five dollars to each road district in the
township, which shall be certified, assessed, and collected as other town-
ship taxes.

(4745-1) Sec. 1. [When county commissioners may condemn
material for road purposes.] Whenever the board of county commis-
sioners of any county in this state are unable to purchase of or contract
with the owner or owners of any gravel bank or gravel bed, or other
deposit of gravel, or the owner or owners of any stone, timber or other
material in the judgment of such board of county commissioners nec-
essary for the construction or repair of any road or highway within
the said county, upon fair and equitable terms, or in case the owner or
owners refuse to sell or contract with the county commissioners of any
such county for the sale of such material, on such board of county com-
missioners agreeing to allow a reasonable [compensation] therefor, then
such board of county commissioners are authorized and hereby em-
powered to condemn and appropriate for public use said material in
such quantities as, in the judgment of said board of commissioners, the
public needs may require, allowing the owners therefor a just and equit-
able compensation for the same.

(4745-2) Sec 2. [Findings may be appealed from.] An appeal
from the amount of compensation allowed by any such board of county
commissioners, for the payment of any material condemned and appro-
pi iated as aforesaid for public use, shall be allowed to the probate court
of the county, which appeal shall be perfected and docketed in the mode
prescribed in sections four thousand six hundred and eighty-nine and
four thousand sir hundred and ninety of the Revised Statutes of Ohio,
except that the appellants shall be the plaintiff and the board of county
commissioners the defendant.

(4745-3) Sec. 3. [Proceedings in probate court.] Upon such
appeal, the probate court shall confine itself to the question of compen-
sation presented by it, and shall forthwith, after the docketing thereof,
cause a jury of twelve men to be selected and returned by the sheriff
and clerk of the county, as provided by law, and shall issue a venire,
commanding them to appear in court on the day and hour named in
the venire, which shall not be later than ten days from its date, and sworn
as jurors upon the trial of such claim.

(4745-4) Sec 4. [How notice given.] The probate court shall
cause a notice to be served upon the appellant and upon the board of
county commissioners to attend at the time and place designated for
hearing such appeal, which notice shall be served by delivering each
person named therein a copy thereof, or by leaving such copy at his
usual place of residence, and if any parties are non-residents of the county,
and have an agent or attorney therein, service on such agent or attorney
shall be sufficient, or such notice may be sent to another county for

19t) LAWS RELATING TO AGRICULTURE.

service upon any party residing or being therein ; and if the appellant
is a non-resident, when he perfects his appeal, he shall leave with the
probate judge the name of an agent or attorney in the county upon whom
service of such notice may be made; and if he fail to do so no service
upon him shall be necessary ; and service upon a guardian shall be suffi-
cient service upon his ward ; and all further proceedings upon such ap-
peal, relating to challenges, selection of talesmen, oath of jurors and con-
duct of the trial shall be the same as is prescribed in sections four thous-
and seven hundred and two and four thousand seven hundred and three
of the Revised Statutes of Ohio, in so far as such proceedings are appli-
cable to the trial of the appeal herein provided for.

(4745-5) Sec. 5. [Costs; how paid.] If the compensation
awarded to such appellant on appeal is not greater than the compensa-
tion allowed by the board of county commissioners, such appellant shall
pay all the costs made on such appeal, and judgment shall be entered
against the appellant therefor, for which execution shall be awarded;
but, if upon such appeal, a greater compensation is awarded than was
awarded by the board of county commissioners, judgment shall be en-
tered against said board of commissioners for such costs.

Sec. 6. This act shall take effect and be in force from and after
its passage.

(4745-6) Sec. 7. [Van Wert county; tax for road repair mate-
rial.] In any county which at the last federal census had, or which
at any future federal census may have a population of not less than
twenty-nine thousand and fifty (29,050) and not more than twenty-nine
thousand and eight hundred (29,800), the commissioners of any such
county to pay for such material shall levy a tax upon all the taxable
property in said county not exceeding one (1) mill on the dollar valua-
tion, and for a period not exceeding five years, the total sum to be thus
raised not exceeding eight thousand ($8,000.00) dollars.

(4745-7) Sec. 8. [Bonds.] To anticipate the receipts which
may come into the county treasury by reason of such tax, the commis-
sioners of any such county may borrow such sums of money as shall not
exceed altogether said eight thousand ($8,000.00) dollars, and issue
bonds therefor at a rate of interest not exceeding six (6) per cent, per
annum, which bonds shall be payable at a time not exceeding five (5)
years from date of issue, and to be paid out of the funds realized from
said tax levy.

(4745-8) Sec. 9. [Free use of material.] The commissioners
of any such county shall allow the free use of any such material by road
supervisors and township trustees, and any other authority in any such
county having the care and control of public roads and streets in such
county, to be used for constructing, improving and repairing roads and
streets.

Sec. 4746. [Obstructions to be removed.] At any time during
the year when any public highway is obstructed, the supervisor of the
district shall forthwith cause the obstruction to be removed, for which
purpose he shall immediately order out such number of persons liable
to do work or pay tax upon the public highwavs of his district as he
may deem necessary; if any person thus called out has performed his
two days' labor upon the public highways, or paid his road tax, the
supervisor shall give [him a] certificate for the amount of labor per-
formed under such order, which may be applied on the labor or tax that
may be due from such person the ensuing year.

LAWS RELATING TO AGRICULTURE. 197

Sec. 4747. [Roads on state or township lines.] A supervisor of
a road district bordering on the state line between Ohio and adjoining
state may, when a public highway has been located upon such state line
in accordance with and under the provisions of the laws of the state
of Ohio, apply the labor of his district upon said road, in the same man-
ner as on roads located within the boundaries of the state ; and in case
any public road is or may be established as a part of the line or bound-
ary of any township or municipal corporation, the trustees of such ad-
joining townships, and council of such corporations, as the case may
be, shall meet at some convenient place as soon after the first Monday
of March as convenient, and apportion such road between the townships,
or township and corporation, as justice and equity may require, and
the trustees of the respective townships, and council of the corpora-
tion, shall cause the road to be opened and improved accordingly, and
shall thereafter cause their respective portions to be worked and kept
in proper repair.

(4747-1) Sec. 1. [Highways along state line.] When it may
"be desirable to lay out, construct or improve, by grading, graveling or
macadamizing any state or county road on or along the state line, be-
tween the state of Ohio and any adjoining state, the boards of county
commissioners of the several counties of this state adjoining any other
state, are hereby authorized and empowered to join with the boards of
county commissioners or other proper authorities of any adjoining coun-
ties of other states, in the construction and improvement in the manner
aforesaid of such roads above described ; and said boards of county
commissioners are hereby authorized and empowered to enter into con-
tracts jointly, with said boards of county commissioners or other proper,
authorities of said adjoining counties in adjoining states, for the con-
struction and improvements of said roads, each county to pay such pro-
portion of the costs of said improvement as shall be determined and
.agreed upon by and between said boards of county commissioners or
other proper authorities of such adjoining states, and the board of county
commissioners of any such county in this state, the share of no county
in this state to exceed one-half the entire cost of said improvement ; but
any road so constructed or improved as above described shall be free
of all tolls.

(4747-2) Sec. 2. [By what law county commissioners gov-
erned.] In the exercise of the powers enumerated and granted in sec-
tion one [§(4747 — 1)] of this act, the board of county commissioners
of any county in this state shall be governed by and in accordance with
the provisions contained in chapters six, seven and eight, division two,
title seven, part two of the Revised Statutes of Ohio, and in all acts
amendatory thereof or supplementary thereto, so far as the same shall
be applicable.

Sec. 4748. [Obstruction of road by railroad agents.] If any
person or corporation, or a conductor of any train of railroad cars, or
any other agent or servant of a railroad company, obstruct, unnecessarily,
any public road or highway authorized by any law of this state, by
permitting any railroad car or locomotive to remain upon or across
the same for a longer period than five minutes, or permit any timber,
lumber, wood, or other obstructions to remain upon or across the same
to the hindrance or inconvenience of travelers, or any person passing
aione- or upon such road or highway, every person or corporation so
.offending shall forfeit and pay, for every such offense, any sum not

198 LAWS RELATING TO AGRICULTURE.

exceeding twenty nor less than two dollars, and shall be liable tor all'
damages arising to any person from such obstruction, or injury to such
road or highway, to be recovered by an action at the suit of the trustees
of the township in which the offense is committed, or of any person
suing for the same before a justice of the peace within the county where
the offense is committed, or by indictment in the court of common pleas
in the proper county ; every twenty-four hours such person or corpora-
tion, after being notified, suffers such obstruction to remain, shall be
deemed an additional offense against the provisions of this section ; and
all fines accruing under this section, when collected, shall be paid to
the treasurer of the township in which the offense was committed, and
be applied by the trustees to the improvement of roads and highways,
therein.

Sec. 4749. [Company liable for fines against employes.] Every-
railroad company or other corporation, the servant, agent, or employe
of which in any manner, obstructs any public road or highway, shall be
liable to pay all fines which may be assessed against such servant,
agent, or employe for so obstructing the same, and such liability may be
enforced by execution issued against such corporation on the judgment
rendered against such servant, agent, or employe.

Sec. 4750. [How fires in woods or prairies extinguished.]
Whenever the woods or prairies in any township are on fire so as seriously
to endanger property, the trustees of such township may order as many
of the inhabitants of the township, liable to work on the highways, and
residents in the vicinity of the place where such fire is as they deem
necessary, to repair to the place where such fire is, and there to assist in
extinguishing the same, or stopping its progress ; and every person called
out under the provision of this section shall be allowed, by the supervisor
of his road district, to be applied on his poll or road tax, the same
amount per day that he is now allowed for work on public highways.

Sec. 4751. [Penalties for refusal to assist.] If a person refuse
or willfully neglect to comply with such order, he shall forfeit a sum not
less than five nor more than fifty dollars, to be collected before any
justice of the peace of the township.

Sec. 4752. [Bridges over mill-races.] No person possessed of
the right to any water privilege shall be required to erect a bridge over
any mill-race or water-course, excavated or constructed by such person
across any public road or highway for hydraulic purposes ; nor shall any
person be required to keep in repair any bridge that has been or may
hereafter be erected over any mill-race or water-course so excavated or
constructed.

Sec. 4753. [Mill-races across roads.] When any public high-
way is hereafter laid out and established the person possessed of any
such right, shall within one year thereafter, file in the office of the auditor
of the county, a declaration of such right, in writing, describing the
same, and setting forth therein the place at which as near as practicable,
he intends at some future day to excavate and construct a mill-race
or water-course across such highway ; which declaration shall be recorded
by the auditor and thereafter such right shall be considered valid in law
for the benefit of such person, his heirs, or assigns; but nothing in this
section shall be so construed as to prevent any person possessed of such
right from excavating and constructing a mill-race or water-course
across any public highway that has heretofore been laid out and estab-
lished on giving the notice required by the next section.

LAWS RELATING TO AGRICULTURE. 199

Sec. 4754. [Notice to be given of intention to construct mill-
race.] When any person excavates or constructs a mill-race across a
public highway, he shall give * at least thirty days' previous notice, in
writing, to the trustees of the proper township, of his intention so to do ;
and if he fail or neglect to give such notice, the supervisor of the proper
road district may, if, in his opinion, the public good demands it, fill up
such mill-race or water-course, at the cost of the party so failing and
neglecting to give the notice, to be recovered by the supervisor, together
with fifty per centum thereon, and the costs of suit, for the use of such
road district, in an action before any court of competent jurisdiction.

Sec. 4755. [Trustees may authorize improvement of certain
roads.] The trustees of any township may, upon the written petition
of one or more persons interested, describing the road or part thereof
proposed to be improved, authorize any person living on or near any un-
improved state, county or township road, situate within the township,
which intersects or connects with any turnpike or improved road, to
improve any part or all of such road situate within the township, within
such time as they may direct, by grading the same not more than sixteen
feet wide, and graveling such grade not exceeding twelve feet wide, or
otherwise improving the same; such improvement shall be made under
the instructions of the supervisors of roads within whose districts the
road or part thereof to be improved is situate ; and as soon as such road or
part thereof authorized to be improved as aforesaid, within any road
district, is fully improved and completed to the satisfaction of the
supervisor of such district, he shall estimate the work so done by the
several persons authorized, either by themselves or those employed by
them, under such rules and regulations as the township trustees shall
prescribe as to extent and character of such improvement, and give
to such persons a certificate specifying the amount of labor performed
by them, stating when authority was given to improve such road, and
when the same was completed in his district, and accepted by him, and
the value in money of such labor so estimated ; but in estimating the value
of such labor in money, the supervisor shall not allow a greater sum than
two dollars and twenty-five cents for each team and driver, and not to
exceed one dollar for each hand per day for the time actually employed ;
and in case of dispute between the supervisor, and any person interested
in such improvement as to the manner of making the same, its com-
pletion, or the value of the work, the matter in dispute shall be submitted
to the trustees of the township, and their decision shall be final.

Sec. 4756. [Expense of improvement to be credited on road tax.]
The holder of any such certificate shall be entitled to have the amount
thereof credited on any road tax, payable in labor, levied on the property
of such person situate within the county, after the completion of such
improvement ; if such road tax levied in any year on such property is
not sufficient to cover the amount of the certificate, the same shall in like
manner be so credited from year to year, until the certificate is fully paid
without interest ; at the time of making such credit upon the certificate,
the supervisor shall issue and deliver to the holder thereof a receipt for the
road tax charged against such person for the current year ; and the holder
of the certificate may transfer the same, or any balance due thereon, to any
subsequent purchaser of the property owned by him when the certificate
was issued.

200 LAWS RELATING TO AGRICULTURE.

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 con-
venient point in either township.

ROAD DISTRICTS.

(4557-1) Sec. 1. [Organization of road districts; how gov-
erned and controlled.] In any county two or more adjacent town-
ships, not exceeding four townships, occupying contiguous and compact
territory, may organize into road districts. Such road districts shall
be governed 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.] Such commission shall be appointed 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 respective township trustees, and
may be 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 commissioners
appointed until the construction of such 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 district.

(4757-2) Sec. 2. [How districts created.] The county com-
missioners on receiving such written petitions from the respective town-
ships 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 forthwith,
after the expiration of such ten days, notify, in writing, the township
trustees to nominate suitable persons for the office of road commissioner
and from such nominees so presented by such trustees, the county com-
missioners shall select a non-partisan board not more than two of whom
shall be a member of anv 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.

LAWS RELATING TO AGRICULTURE. 201

(4757-3) Sec. 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 organ-
ization, whereupon it shall be the duty of the deputy state supervisors of
elections to submit the question of improvement of the public roads of
such road district, to the qualified 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 pub-
lished 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 precinct in such road
district at least ten days prior to such election.

(4757-4) Sec. 4. [Appointment of judges and clerks; returns;
compensation.] The deputy supervisors of elections of such county
shall 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 forthwith return
to the deputy supervisors of such county, a full and correct 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 com-
pensation as judges and clerks of other elections, 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.

(4757-5) Sec. 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 ;

[Resubmission of question.] And when a new board of road
commissioners, as herein provided by petition, shall be again created,
they shall, when a like petition is thereafter presented to them, again
submit the same question at the next annual election, either spring or
fall or special, to the qualified voters of such road district. Notice of
such special election shall be given as provided by the general statutes
for submitting special questions.

(4757-6) Sec. 6. [Effect of affirmative vote; designation of
Toads for improvement.] If, at such election, a majority be found in
favor of the policv of improvement of the public roads of such road district
"by general taxation, such road commissioners shall forthwith designate
and determine what roads and the extent of the improvement in the
respective townships which should in their opinion be improved, at
•what points the improvement should begin and how much of such roads

202 LAWS RELATING TO AGRICULTURE.

to be completed annually. But no roads shall be by them designated for
improvement which is [are] not already established or which does [do]
not now extend beyond the road district limits. Nor shall any public
highway within the corporate limits of city or village within such road
district be so designated or improved unless such road extends to and
beyond the said road district continuously.

[Employment of engineer and assistants.] Such road commis-
sioners shall have the power to employ a competent civil engineer, and
such assistants for him as they may deem necessary, who shall mak a
correct map of the established roads of such road district, designating
plainly which have been by such commissioners selected for improve-
ment, and also profiles of such roads showing the grades thereof as they
then exist, as well as prepare such other information as may be required
by said commissioners, all of which shall be kept on file with the secre-
tary of said road commission for public inspection.

(4757-7) Sec. 7. [Term ^f office of commissioners; oath.] The

commissioners so appointed sha1l hold their office for a term of four
years, and before entering upon the discharge of their duties, take an
oath of office to honestly and impartially discharge their duties with a
view to the public welfare.

[Compensation.] They shall receive as compensation for each
day actually employed the same compensation as township trustees.

[Engineer's compensation.] Such engineer shall receive such
sum not exceeding four dollars per day as he may agree upon with said
road commissioners, and not to exceed one hundred dollars in any one
month.

[How compensation paid.] The compensation of the commis-
sioners and engineer shall be paid out of the road fund, raised for the
purpose of said improvement, upon the order of the auditor of the
county after the allowance by the county commissioners.

(4757-8) Sec. 8. [Selection of roads for improvement.] Imme-
mediately after 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.

(4757-9) Sec. 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 record
book to be provided by them for that purpose, a full and complete record
of their proceedings under this act relating to the improvements of all
public roads acted upon by them ; and also an accurate, separate account
of receipts and expenditures under its provisions ;

[Payments for improvement.] And no money raised for the im-
provement of such roads shall be drawn from the treasurv except to

LAWS RELATING TO AGRICULTURE. 20&.

pay liabilities 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 proceedings, upon a yea
and a nay vote, and by orders drawn in pursuance thereof by the auditor
of the county and in favor of the persons only to whom the money
is due.

(4757-10) Sec. 10. [Work of construction let on bids; notice.]
When such road commissioners have, by resolution, determined to im-
prove a designated road or part thereof, the work of its construction,
including all labor and material, shall be by them publicly let 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 such road district and by posters judiciously posted.

(4757-11) Sec. 11. [Division of roads into sections for purpose
of sale of work.] For the purpose of letting contracts such road com-
missioners shall cause each road about to be improved to be divided into
suitable and convenient sections, and the sections shall be numbered from
the point of beginning toward the outer line of such road district, and
the same shall be let by sections. All contracts shall be let upon plans
and specifications of the various kinds of labor required upon each
section and also the materials which shall enter into the construction,
of the same.

[What required of bidders.] Bidders shall be required to sepa-
rately state their bids for each class of work in such manner and upon
such blank forms as such road commissioners may require.

(4757-12) Sec 12. [Contractor's bond.] Each contractor shall
be required to give bond in amount at least equal to the contract price
with sufficient sureties for the faithful performance of his contract,
payable to the state of Ohio for the use and benefit of such road dis-
trict, with all necessary stipulations on the part of the contractor to
carry out the provisions of such contract, the form of such contract
and bond to be approved by the prosecuting attorney.

(4757-13) Sec 13. [Superintendent of construction; compen-
sation.] Such road commissioners may select, in addition to the civil
engineer, when necessary, a superintendent to superintend the construc-
tion 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 material shalf
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 perform-
ance thereof, and approved by the board of road commissioners or a
majority thereof.

(4757-14) Sec. 14. [Roads improved to be free turnpikes; width
of improved road; trustees may regulate width of tires.] All

roads improved under the provisions of this act shall be free turnpikes,
nor shall any road be improved under the provisions of this act which
is less than forty feet in width, and the trustees of any township within
such road district shall have the power to regulate the width of tires to-

204 LAWS RELATING TO AGRICULTURE.

be used on such roads as is conferred upon county commissioners in
section 4904 of the Revised Statutes, and the penalties provided by
section 4905 of said statutes shall be applicable and imposed for any
violation of the rule adopted by such trustees to regulate travel upon
such improved roads.

(4757-15) Sec. 15. [Oath and bond of superintendent and engi-
neer.] 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 benefit of such road district, conditioned that they will
faithfully and honestly discharge their duties all and singular as super-
intendent and engineer of improved roads of such road district.

(4757-16) Sec. 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
determine, 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 outstanding 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 in such county, and
the secretary of such board shall send marked copies of such advertise-
ment to at least ten leading bond buyers in the state or other states,
and such bonds shall be sold to the highest bidder. Said road commis-
sioners shall have the right to reject any and all bids.

(4757-17) Sec. 17. [Levy to provide payment of improvement
and redemption of bonds.] When the commissioners of any such
road district have determined to improve any road or roads as herein
provided, 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 addi-
tion to the other road taxes authorized by law, shall levy annually,
upon each dollar of the valuation of all the taxable property of said road
district, an amount not exceeding three mills upon each dollar of such
valuation, and shall continue such levy from year to year, until all the
roads by such commissioners designated for improvement have been
improved as herein provided, and the bonds issued for that purpose,
together with the interest thereon, have been paid.

(4757-18) Sec. 18, [Commissioners to certify levy to county
auditor.] Such county commissioners of any such county shall cause
the amount of the taxes by them levied each year, under 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 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.

(4757'19) Sec. 19. [Repair of roads.] Such roads so improved
in said road district shall be kept in repair under the general statute as
other roads are now repaired.

LAWS RELATING TO AGRICULTURE. 205

(4757-20) Sec. 20. [Receipts and disbursements of moneys.]
The treasurer of the county in which any such road district is situated, .
shall receive and disburse all moneys arising from the provisions of
this act on certificate and orders as herein provided.

(4757-21) Sec. 21. [Duty of prosecuting attorney.] The pros-
ecuting attorney shall be the legal adviser of such board and approve
all forms of contracts and bonds and approve all. proceedings of such-
board.

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 disinterested
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 construct 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 continuation 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.

Sec. 4759. [The manner in which the road must be constructed.}

The roads established and constructed under this chapter shall be
opened not more than sixty nor less than forty feet wide, and at least
twenty feet in width shall be turnpiked with earth so as to drain freely
to the sides, and raised with stone or gravel not less than ten 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 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 or gravel 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: the road shall be well provided with all necessary side drains,
waste-ways, and underdraining, to prevent overflowing or washing by
water, and with substantial bridges or culverts at all crossings of water-
courses ; and such roads shall be free to the public for travel.

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

:2Q6 LAWS RELATING TO AGRICULTURE.

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; filing amount to save costs; locating
over other roads.] When said commissioners and the owner or own-
ers 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 commissioners and the owner
or owners fail to agree as to the compensation and damages, or when
the owner is unknown, non-resident, or incapable of contracting, then
the same shall be ascertained and adjusted by proceedings had in the
name of the county commissioners, under ,the law providing for the ap-
propriation of private property by corporations ; provided, however, when
any owner or owners not unknown, or not non-residents, 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 com-
pensation 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 proceedings 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 commissioners may authorize
the viewers or commissioners by them appointed to locate 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, subject to the rules as to com-
pensation or [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 their taxable property to taxation annually, to aid in the location
-and construction of' the same during the term of years named therein,
and at the rate therein specified, which agreements shall be filed and
recorded in the office of the county auditor, and from the time of such
filing and recording shall operate as a lien upon the real estate of the
several parties 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 any money received as donations shall
be refunded, and the agreements for donations by taxation, shall be-
come inoperative.

Sec. 4763. [Question of general tax for turnpikes must be sub-
mitted to electors.] The commissioners shall not levy any general
tax, nor appropriate any money, except so far as may be necessary to
pay the expense of preliminary surveys already commenced, or any other
liabilities already 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 policy of constructing such roads by general tax,

LAWS RELATING TO AGRICULTURE. 207

which submission shall be made at any annual spring or fall election ;
and the commissioners shall cause public notice of such vote to be given
by publication in all the newspapers printed and of general circulation
in the county, and also by causing hand-bills to be posted up. at the
usual place of holding elections, in each township and ward throughout
the county, at least fifteen days prior to such election ; provided, that in
any county in which such question has heretofore been submitted,
under the authority of an act entitled "an act to authorize county com:
missioners to locate and construct turnpike roads," passed April 30, 1869,
and acts amendatory thereto, and in which, at such election, the ma-
jority of the votes cast were in favor of such policy, no vote shall be
again required to authorize the commissioners 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 cor-
rect abstract of the votes, and shall in all respects be governed by the
laws regulating general elections, and be entitled to the same compen-
sation 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 constructing
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 written
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 there-
upon be authorized to levy the amount thereof upon all the taxable
property within the boundaries of the road, according to the benefits 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 within two miles of such contem-
plated improvement.

208 LAWS RELATING TO AGRICULTURE.

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 affirmative vote by the electors, they may,
for the purpose of aiding in the construction, and to provide a perma-
nent fund for the maintenance and expense thereof, levy annually, in ad-
dition to other road taxes authorized by law, a tax for turnpike road
purposes of not more than four mills on the dollar of 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 com-
menced 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 improved 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 improve-
ments, the county commissioners may, if in their opinion the same be
advisable, issue the bonds of the county, payable at such times as they
may deem advisable, with interest not exceeding the legal rate per an-
num, 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 record
of all the proceedings in the location, establishment, and construction
of the road, together with accurate accounts of receipts and expendi-
tures 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 commissioners 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 publi-
cation in one or more newspapers published or of general circulation in
the county, or by hand-bills, or both ; for that purpose the commissioners
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 re-
quired on each section ; and bidders shall be required to separately 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 contract, payable to the
countv commissioners, for the use and benefit of the county, and with
the necessary specifications and stipulations on the part of the con-
tractor 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
estimates made by the surveyor or engineer employed by the commis-

LAWS RELATING TO AGRICULTURE. 209

sioners, and by him duly certified, of work actually done or materials
actually furnished, or both, and after reserving such per cent, as may be
fixed by the parties to the contract, to guarantee performance of the
same.

Sec, 4773. [Compensation of viewers, etc.] The viewers, sur-
veyor or engineer, and their assistants, shall be entitled to receive the
same compensation for their services required under the provisions of
this chapter, as is now allowed by law in the construction of county roads.

(4773-1) Sec. 1. [Construction of free turnpikes by county
commissioners.] Whenever a majority of the landowners along any
contemplated 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 establishment 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 commissionsers of such county,
if they deem the construction of such road advisable and of general pub-
lic interest, are hereby authorized to call to their assistance a competent
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 de-
termine the full cost and expense of making said improvement, and
furnish plans, profile and specifications for the construction thereof.

(4773-2) Sec. 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 construction of said road, which cost shall include the cost of engi-
neering, superintending, grading, macadamizing, and culverting said
road, the said county commissioners are authorized to order the con-
struction thereof.

(4773-3) Sec. 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 way cannot be
obtained by the petitioners over any tract or tracts of land, the county
commissioners, after ordering the construction of said road, may condemn
the right of way over such tract or tracts of lands,

[Cost of condemnation proceedings to be paid by petitioners.]
The costs and expenses of which proceedings and the amount to be paid
as a compensation for the land appropriated and the damages sustained
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 or any work thereon
shall be done. And if the same be not paid within a time fixed by the
countv commissioners,, and said right of way secured to the county free
of charge to it, their order authorizing the construction of such road shall
thenceforth be invalid.

14 f. h. B.

210 LAWS RELATING TO AGRICULTURE.

(4773-4) Sec. 4. [What laws apply to construction of such
turnpikes.] 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.

(4773-5) Sec. 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 advisable
may issue bonds for said payment, which shall be payable in not more
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, and notice of application.]
Free turnpike roads shall be authorized, and commissioners appointed to
lay out and establish the same in the following manner: a majority of
all the landholders residing 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 stating
therein that they desire the county commissioners to levy an extra tax,
the amount of which shall not exceed ten mills on the dollar valuation
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 eight 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 by the county commissioners, shall
oe 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 county 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 recommendations
oe so made; the petition, and the appointment of such commissioners,
shall be entered upon the minutes of the proceedings of the board of
county commissioners, and a certified copy of such entry furnished to
the .road commissioners, by the clerk 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 commis-
sioners shall appoint such persons as may have been recommended by
petition of a majority of the land owners if any such recommendation be
so made.

LAWS RELATING TO AGRICULTURE. 211

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 one-mile as-
sessment pikes.] The board of county commissioners shall immedi-
ately thereafter transmit 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 penalties
and forfeitures as other taxes are entered thereon for purposes of col-
letcion ; but no such tax shall be levied for an amount or for a term of
years greater than that set forth in the petition, unless the petition be
renewed, or the county commissioners order an extension of the levy
for the purposes stated in section forty-eight hundred and twelve, and
when an extension of the tax is granted on petition, such tax shall be
levied for any number of years that may be set forth in the petition as,
when added to the first levy, will not, in the aggregate, exceed ten years.

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 preceding
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 more-
over each take an oath faithfully and honestly to discharge their duties,
before they shall be authorized to do or perform any matter or thing
under this chapter; and the commissioners after qualifying shall imme-
diately meet, and organize their board by choosing one of their number
as president thereof, and within a reasonable time thereafter proceed to
view, locate, and establish such free turnpike road, in the manner pro-
vided in this chapter.

212

LAWS RELATING TO AGRICULTURE.

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 transact any
business and exercise any power devolving upon or intrusted to them
by this chapter, and they shall keep a record of their proceedings, which
shall at all times be open for inspection, by any person interested, or
desiring to inspect the same.

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 preserve 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 commis-
sioners and owners of such material can not agree on a price deemed fair
and reasonable, the commissioners may apply to the judge of the pro-
bate 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 thereof, shall enter upon the
premises of the owner of such materials, and assess the value thereof,
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 require the commis-
sioners 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, fur-
nish 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 materials, 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 construction
of the road, and sell and convey the same in fee simple, and thev mav
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 personal
property within one mile on each side of the free turnpike road, except
where any road improvement or free turnpike road, or anv 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

LAWS RELATING TO AGRICULTURE. 213

the extra taxes shall only be levied upon such lands and personal property
as he within one-half the distance of such roads.

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 with any other road improvement, free turnpike
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 com-
missioners, 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 turnpike 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
township [s], which may be collected within the bounds of any free turn-
pike road, including the two days' labor authorized by law, shall be
applied in the construction and repair of the road, under the direction
of the road commissioners, or their agents, until the road is completed.

Sec. 4789. [When trustees fail to apportion road labor.] If, be-
fore the completion of the road, the trustees fail to direct the supervisors
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 dollars,
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 offending
shall pay a fine of one dollar, and shall further be liable, in case of non-
attendance, to the amount allowed for two days' work, to be collected
by the road commissioners, in the same manner that supervisors 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- the preceding section which is not
discharged in labor, and which is paid into the county treasury, shall be
paid by the treasurer, upon the warrant of the county auditor, to road
commissioners, to be expended by them [in] constructing such free turn-
pike road ; when two or more free turnpike roads cross each other, the
countv commissioners of any county through or in which any such rn'uls.
or any part thereof, may be located, may make such equitable divi
or apportionment of the taxes, other than extra taxes, among such r
as they deem proper, the same to be discharged in labor, under the direc-

214

LAWS RELATING TO AGRICULTURE.

tion 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 December,
make a full settlement with the county commissioners of the several
counties in or through which their respective roads are located, and
shall file with them a statement of all their receipts and expenditures
'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 sec-
tion, 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, tor 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 commisioners.] When the road commissioners deem they
have their road completed in a good substantial manner, by the bridges
aud culverts thereon having been built, and the road macadamized, they
may make application to the board of county commissioners to receive
the same; the county commissioners shall, within a reasonable time after
the filing of such application, proceed upon actual view to 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 may 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

LAWS RELATING TO AGRICULTURE. 215

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, resignation, 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 con-
struction of the same ; and the sum paid the surveyor and his assistants
shall not exceed the customary wages per day for everv day thev 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 establish
free turnpike roads, and to levy an extra tax for the construction thereof,
and all remonstrances against either, shall only be signed by freehold
taxpayers, resident 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 eighty-six; minors residing in
the county, and owning lands in such bounds, shall not be counted for
or against the road or extra tax, unless represented by their legal
guardian; and all owners, either adults or minors, of any undivided
estate, shall only be entitled to one vote for 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 bridges
and culverts upon the roads provided for in this chapter, contract, and
pay for all material used in the contruction or repair of such roads, and
in case the county commissioners and any owner of any material can not
agree upon the amount to be paid therefor, then the county commis-
sioners shall have all the rights and powers of applying to the 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 thousand 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 sez'enty-four, petition the county
commissioners therefor it shall be their duty "to authorize the commis-
sioners of the road to place a gate or gates on their road, and charge
such 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 repair ; but no greater
rate of toll shall be charged than is allowed by law to turnpike roads ;
and the road commissioners shall continue to manage 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 4802. [How location of road may be changed.] The board
of county commissioners of any county may change the location of. anv

216 LAWS RELATING TO AGRICULTURE.

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 any
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] two 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 [s] into different
counties, wish to improve the same under the provisions of this chapter,
they shall petition the boards of county commissioners of their respective
counties as required by section forty-seven hundred and forty-four [sev-
enty-four] ; and in such case, the commissioners of the different counties
may join in carrying out the provisions of this chapter by severally ap-
pointing commissioners to lay out and establish a free turnpike road,
in all respects as if said petitioners reside wholly in one county; pro-
vided, that when the free turnpike road sought to be laid out under the
provisions of this chapter is on the line between two or more counties,
then said extra taxes shall be levied on the real and personal property
within one mile on each side of the free turnpike road without excep-
tion ; provided, further, that when a" free turnpike road sought to be laid
out under the provisions of this chapter, lies wholly 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 landholders within
said county as provided by section forty-seven hundred and seventy-
four, 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
as provided by section forty-seven hundred and eighty-six.

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 re-
spective counties, of a map, profile, and estimate of the cost of construc-
tion 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 mentioned in this
chapter, any amount of money that may be required, not exceeding ten
mills upon "the dollar valuation in any year, on all 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 sec-
tion forty-seven hundred and seventy-seven : and the respective county
auditors shall be governed in all respects by the provisions of said sec-
tions in entering said levees 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 gov-
erned in all respects by the provisions of this chapter, and to the same

LAWS RELATING TO AGRICULTURE. 217

extent as if the road were laid out and established wholly in one county ;
but when resident land owners 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 estab-
lished 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.]

The commissioners of any free turnpike road, whenever they deem it
necessary for the purpose of constructing a free turnpike road, complet-
ing the same, or liquidating any indebtedness on account thereof, are
authorized to issue bonds, payable at the county treasury, in installments,
at intervals not exceeding the number of years for which the special tax
provided for in this chapter has been levied, bearing interest not exceed-
ing six per centum, 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 there-
from shall be paid to the road commissioners, by the treasurer of t.he
county, upon the warrants of the county auditor ; and the road com-
missioners shall apply the money first to the payment of their bonds
and interest, and next to the construction and improvement of such free
turnpike road, and in discharging any indebtedness incurred on account
thereof.

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-

218 LAWS RELATING TO AGRICULTURE.

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 abating such levies as are or may be provided
by law for commissioners of free turnpike roads.

Sec. 481 i. [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 com-
missioners, 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
heretofore built, now in process of construction, or hereafter to be con-
structed ; and at any 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 constructing the same,
for a period not exceeding, in the aggregate fifteen years, in addition 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 process of
construction, or hereafter to be constructed, has by any cause been re-
duced, so that said duplicate will not produce a sufficient fund to liqui-
date 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 tax so paid, and shall in no case exceed the amount "of extra tax
charged against such person upon the duplicate of the county.

Sec 4814. [Unpaid indebtedness of free turnpike road com-
pany.] When the right of any free turnpike road company to levy
special taxes to pay the orders, bonds or other indebtedness issued by it ha's
ceased, leaving outstanding orders, bonds or other indebtedness unpaid,
and their payment unprovided for, the commissioners of such road com-
pany shall immediately make out and deliver to the auditor of the
county in which such road or any part thereof is situated, a complete

LAWS RELATING TO AGRICULTURE. 219

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 pay-
able, which list shall be verified by said commissioners; and the county
auditor shall lay the same before the county commissioners 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 col-
lection, 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, 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 valu-
ation 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 author-
ized 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 commissioners may in
their discretion divide the aggregate of such indebtedness into install-
ments, not exceeding five in number, and order that one of those install-
ments be assessed and collected annually, and the amount so assessed
shall be collected in the same manner as state and county taxes.

Sec. 4817. [Payment 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 proceed
to ascertain the net amount of money collected on account of the in-
debtedness 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 presentation
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 indebted-
ness 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 evi-
dence 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.

Sec 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

220 LAWS RELATING TO AGRICULTURE.

free turnpike or other road in the county, and direct that the taxes levied
and collected for such road, and not otherwise appropriated by law, shall
be paid over to such turnpike company, to be expended in constructing
or repairing the road, to construct or repair which the same were levied.

Sec. 4820. [Tax-payers to have stock.) Any turnpike company
receiving such surrender shall issue to the persons upon whose propertv
taxes have been levied to construct or repair such road, certificates -. of
stock for the amount of taxes by them respectively paid, upon which
they shall be entitled to dividends, pro rata, as other stockholders may
be, upon their stock.

Sec. 4&21. [Toll-gates and toll.] 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 he 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
may 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 vil-
lages, 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 lev}* a tax upon the taxable property of
such villages sufficient for the purpose, not exceeding five mills on the
dollar in anv vear ; but such tax shall in no case be levied, nor shall such
bonds be issued, until at some regular election, hekl in such villages,
the majority of the qualified electors thereof approve the tax; and in
case the amount to be appropriated for any one road does not exceed
the sum of five hundred dollars, the councils may appropriate 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
levving 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 p<wver 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 conntv commissioners having in
charge the construction of such road accept sach bonds, such free turn-
pike road shall be deemed to be extended, by way of the public road
before mentioned, to the corporate limits of the village: and the com-
missioners shall make and publish an order to that effect, and thereupon

LAWS RELATING TO AGRICULTURE. 221

the commissioners shall improve such extension of such free turnpike
road., in the same manner as the other parts of the same.

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 indebt-
edness for the erection of bridges upon the line of such free turnpike
roads, the county commissioners may discharge such indebtedness, 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 com-
missioners of the total expenditures on the road, and deposit their books
and papers with the county auditor, after which time the free turnpike
road shall be kept open and in repair as provided in chapter ten.

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 commissioners
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 application as are provided on
applications to vacate county roads.

TWO-MILE ASSESSMENT 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 grading, paving,
graveling, planking, or macadamizing the same, and by draining the
same in any direction required to make the most convenient and suffi-
cient 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 im-
prove several roads or parts of roads, or free turnpike roads, or 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 receive tolls.

222 LAWS RELATING TO AGRICULTURE.

and when the grading has been already done, and the bridges and cul-
verts already built, one-half of the cos't of such improvements 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 free-
holders to whom the petitioners shall be responsible, pro rata, condi-
tioned for the payment of the expenses of the preliminary survey and
report, if the improvement be not finally ordered, the commissioners
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 incor-
porated village or town, the county surveyor and viewers shall be con-
fined 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 news-
paper printed in the county, for three consecutive weeks prior to the
meeting, which notice shall state the time and place of meeting, the kind
of improvement asked for, the place. of beginning, intermediate 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 assistance
two suitable persons as chain-carriers, and one marker, and proceed to
view, examine, lay out, or straighten such road, as in their opinion public
utility and convenience require, and assess and determine 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 luna-
tics, in consequence of the appropriation of any private property for
the making of the improvement, unless 'the owner thereof, or his agent,
file a written application with the viewers, giving a description of the
premises on which damages are claimed by them.

-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 judgments
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

LAWS RELATING TO AGRICULTURE. . 223

their next regular session, showing the public necessity of the contem-
plated improvement, the damages claimed, and by whom, the amount
assessed to each claimant, an estimate of the expense of the improve-
ment, 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 improve-
ment, 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
heen assessed for the expense of any improvement made under the pro-
visions of this chapter, shall not be re-assessed under subsequnt' pro-
ceedings for an extension of the same, unless the prior assessment be
not deemed proportioned to the whole benefit resulting to such lands.

Sec. 4836. [Proceedings when report of viewers of two-mile
assessment pike is filed.] When the report is filed, the commission-
ers 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 expenses 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 ma-
jorities minor heirs shall not be counted for or against the improvement,
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 against such improvement, and the name of any person who
has acquired title to the same by gift, or in any other manner, for the
purpose of making such person a petitioner for or remonstrator against
such improvement shall not be counted in favor of the same, or against
the same.

Sec. 4836a. [Commissioners of Lucas county may order roads
improved; expense, how ordered paid.] In counties containing a city
of the third grade of the first class, when a petition, as provided in sec-
tion forty-eight hundred and thirty-one of the Revised Statutes, shall
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 commis-
sioners, 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 specifi-
cations, or otherwise, which shall be held to include all necessary grad-
ing, drains, under-drains, ditches and culverts to the proper completion
and maintenance of such road ; and at the same time, said commission-
ers 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 proceeds of any levy or

224 LAWS RELATING TO AGRICULTURE;

levies upon the grand duplicate of the county authorized by section
four thousand eight hundred and thirty sir (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 estimated assessment therefor shall be
made before the improvement is commenced, or after the same is com-
pleted.

Sec. 4836b. [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 commission-
ers to the lowest responsible bidder, who shall enter into bond with
sufficient sureties, and in such amount as the commissioners shall ap-
prove and determine, conditioned for the faithful performance of said
work. Notice of such letting shall first be published for at least four
weeks in some newspaper printed in the county and of general circula-
tion therein, stating the nature and extent of the work and the time
when said letting will be made, or, if sealed bids are required, when
the same will be opened. The commissioners may let the work as a
whole, or in convenient sections, as they may determine. The commis-
sioners may require a bond from each bidder in such sums as they may
determine, with sureties to their approval, conditioned that if the con-
tract be awarded on such bid, the bidder will enter into the contract
and execute the bond, with approved sureties, for the faithful perform-
ance 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 same.

Sec. 4836^. [Estimated assessment of expenses; objections
thereto ; equalizing board, its powers and duties ; assessment of life es-
tates.] The said commissioners shall, either before the said improve-
ment is commenced, or after the same is completed, as they shall have de-
termined at the time of ordering the improvement, appoint three disinter-
ested 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 commissioners, and kept in
the auditor's office for public inspection. Before adopting the assess-
ment 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 inspection ; and if no ob-

LAWS RELATING TO AGRICULTURE. 225

jections are filed thereto within two weeks after the expiration of said
notice, the commissioners may confirm the same. If the owner of any
property assessed objects to the assessment so made, he shall file his
objections in writing with the said commissioners within two weeks
after the expiration of the notice aforesaid ; and thereupon the commis-
sioners shall appoint three other disinterested 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 commissioners, with power to adjourn from
time to time, who shall hear and determine all objections to said assess-
ment, equalize the same, or approve the assessment already made, as
they shall deem just. They shall report their action to said commis-
sioners, who shall have power to confirm the same, or to set the same
aside and cause a new equalizing board to be appointed, with like pow-
ers and qualifications. When said assessment is confirmed by the county
commissioners, the same shall be final. The members of said assessing
and equalizing boards shall, before entering upon their duties, take an
oath before a proper officer to faithfully, honestly and impartially dis-
charge 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 excep-
tions as aforesaid. 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. 4836c/. [Records and accounts; filing of profiles, plats, etc.;
expenditure of money.] The 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 receipts and expenditures of
money, under the provisions of this act ; and all profiles, plats and speci-
fications 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 accrued,
and then only in pursuance of orders caused by the commissioners while
in session as a board, to be entered upon the record of their proceed-
ings, and by orders drawn by the county auditor upon the county treas-
ury 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.] Whenever not less than one-third of the
cost and expense of such improvement is by the commissioners ordered
to be paid by levy upon the grand duplicate of the county as provided
in this act, sections forty-eight hundred and thirty-seven, forty-eight hun-
dred and thirty-nine, forty-eight hundred 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 prohi-
bitions of forty-eight hundred and thirty-six against the commissioners,
making an order for an improvement, until a majority of the resident
landholders of the countv, whose lands are reported as benefited and
ought to be assessed, subscribe the petition therefor, shall have no force
or 'effect in such countv as to improvements made or ordered under the
provisions of this act, but said commissioners may proceed to order and

15 F. H. B.

226 LAWS RELATING TO AGRICULTURE.

cause said improvement to be made without other petition than that
provided for in section forty-eight hundred and forty-one, and the let-
ting of the work, the performance of the same, and the making and
confirming the assessment ^herefor, shall be under the provisions of this
act.

Sec. 4836^. [General tax levies for construction and repair of
improved roads; proceeds of levies.] 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
constructed, or hereafter to be constructed or improved for their proper
maintenance ; and for such purpose may and they are hereby authorized
to levy a tax upon the grand duplicate of the county, not exceeding two-
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 th^
commissioners shall divide each completed stone road in said 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 following year and
decide upon the most convenient places for having said material de-
livered. They shall then fix a day on which they will let to the lowest
responsible bidder the job of furnishing and delivering the said materials
at the place decided upon and of keeping the said sections in repair
for the period of one year according to specifications to be submitted
to the bidders. They shall require and entertain separate bids for fur-
nishing the material at the designated places of delivery, and for doing
the necessary labor in keeping said sections in repair. When the neces-
sary preliminary steps, as hereinbefore provided, have been taken, they
shall cause three weeks' notice to be given by advertisement and hand-
bills 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. Before 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 commissioners 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, notwithstand-
ing any limitation upon the aggregate amount of such levies now in
force. The proceeds of the levies hereby authorized to be made, shall
be applied 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 proceeds
of such stone road buildine levies and of the sale of any bonds under
the provisions of section forty-eight hundred and forty-six, shall be
placed to the credit of a fund to be called "the stone road building fund,"

LAWS RELATING TO AGRICULTURE. 227

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 commissioners, 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 commis-
sioners 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 ap-
plicable to the levies specifically authorized therein, the proceeds of
which are to applied and used by the county commissioners in the con-
struction and repair of such roads.

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 expenses of
contracting [constructing] macadamized, stone or gravel roads, as pro-
vided in said preceding supplemental sections to said section 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, payable 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 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 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/*. [Commissioners of Lucas county; bonds for repair
of roads.] The commissioners of any such county containing 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 macad-
amized, 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, pavable 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 not for 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 two-tenths of one mill
provided for in said supplemental sections; and the interest of such
bonds is to be paid from the said levy of two-tenths of one mill, or any
part of the same.

Sec 4836/. [Commissioners in Lucas county may construct road
without assessment upon private property.] If in the opinion of the
countv commissioners of any such county it is expedient and proper to
construct anv such road commencing at the intersection of sections

228 LAWS RELATING TO AGRICULTURE.

sixteen and twenty-one in Lucas county, and extending not more than
one mile in length, without making an assessment upon private property
for any portion of the cost thereof, said county commissioners may pro-
ceed 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 48363- .

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 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 proceedings 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 person, 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 two
miles of the route on which the improvement was prayed for, and shall
place the same on the grand duplicate for collection, 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.

(4837-1) Sec. 1. [Applicability of certain statutes to Ashta-
bula, Licking, Wood, Holmes, Medina, Ottawa and Wyandot coun-
ties; portion of cost to be paid by county.] Except as otherwise
herein provided, and so far as the same may be applicable, sections 4836a,
4836b, 4836c, 48366/, 4836/, 48360-, of the Revised Statutes, shall apply
to, regulate and govern the laying out and constructing of all two-mile
assessment 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 popula-
tion 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 subsequent
federal census, a population of not less than twenty-one thousand and not
more than twenty-two thousand ; provided, in such counties not more
than otie-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.

(4837-2) Sec. 2. [All other sections relating to two-mile as-
sessment pikes to be in force.] All 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, 4836b, 4836c, 48363/ 4836^ and
4836£.

LAWS RELATING TO AGRICULTURE. 229

+i^ •Se^'i48^' tChan.ges to the improvement and assessments au-
thorized.] If at any time after making such final order the commis-
sioners find that there has been an omission of lots and lands within the
territory sought to be assessed, or that there has been manifest injustice
m the apportionment of taxes, or that public necessity requires any
alteration m the manner of the improvement as ordered, they may make
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 contracts 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 that
have accrued up to the time such notice is filed; and thereupon the
auditor shall immediately notify the engineer, and cause all proceedings
relating thereto to be discontinued, and the county commissioners 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 proposed 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 improvement; 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, conditioned for
the faithful performance of his duties, in a sum to be fixed by said com-
missioners, and an action 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 commissioners, 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 com-

230 LAWS RELATING TO AGRICULTURE.

missioners 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 free-
holders of the county, who shall, upon actual view of the premises,
apportion the estimated expense thereof upon the real property embraced
in the order, according to the benefit to be derived therefrom, and report
the same to the county auditor ; and in making such apportionment, 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 improvement ; and 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,
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 circu-
lation 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 commissioners 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. 1 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 estimated 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 bv
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 treasurv.

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 improvement, the commissioners of
the county may issue the bonds of the county, payable in installments,

LAWS RELATING TO AGRICULTURE. 231

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
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 dupli-
cate 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 ex-
pense 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 the 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 compensa-
tion 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. J 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 imposed for road
purposes, bv virtue of this section, shall not in any year exceed five mills
on the dollar of the taxable property in the corporation.

Sec 4851. [Cities in adjoining counties may aid.] When it is
desirable or expedient to continue any road contemplated under this

232 LAWS RELATING TO AGRICULTURE.

chapter, into or through an adjoining county, the city council of any
city of the first or second class may, upon the application 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 applications for road improvements, when
the application fails, and the county commissioners refuse to order the
construction of the road, shall be carefully preserved in the office of
the county auditor, and the county commissioners are authorized 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
commissioners and owners of such stone, gravel, or other material can
not 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 descrip-
tion 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 thereof;
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-
bate court shall, upon the return of the award, furnish the commis-
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

LAWS RELATING TO AGRICULTURE. 233

and costs, the commissioners may enter upon the lands, either inclosed
or unmclosed, 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 appraisers to the court of common pleas may be allowed,
it 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, m a sum not exceeding the value of the property sought to
be appropriated, conditioned that the appellant shall perform the judg-
ment of the court of common pleas, and pay all costs and damages
adjudged or ordered 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 auditor
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 audi-
tors 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 (4836). The view-
ers, surveyors and engineers, persons to apportion the estimated expense
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
clerk of the 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 assessments shall
be paid into the county treasury 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 provisions of this section; but

234 LAWS RELATING TO AGRICULTURE.

such majority shall be composed of at least one commissioner from each
county in which the improvement is located. In all matters not herein
provided for the joint board shall proceed according to the provisions
of this act. But proceedings already 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 by
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 as are there provided for,
and the necessities of the case may require.

Sec. 4S60. [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
commissioners, place the same upon the general duplicate for collec-
tion, together with a penalty of six per cent, per annum as county im-
proved 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
any county in or through which it is located, together with all rights
and privileges 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
are 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].

LAWS RELATING TO AGRICULTURE. 235

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 construc-
tion or improvement of roads in this chapter.

Sec. 4863. [Who may take advantage of errors.] No perbon
shall be permitted to take advantage of any error committed in any
proceeding to lay out, construct, or improve a road under and by virtue
of this chapter, nor of any error committed by the countv commissioners
or county auditor, or by the engineer or surveyor, or other person, 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 m 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 proceedings 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 order in the premises
as may seem equitable and just, and may order the tax assessment
levied against the plaintiff to remain on the duplicate 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 proceed-
ings 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
majority of its stock, make a proposition to the 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 appraisers,
who shall, upon actual view of the road, make and return to the com-
missioners, 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 company.

Sec. 4867, [The commissioners may propose to buy.] The
commissioners, 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 any
part thereof, at the value reported by the appraisers, on the condition

236 LAWS RELATING TO AGRICULTURE.

that a majority of 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, shall petition the county commissioners for an assessment,
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, situ-
ate 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 they
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 appraised
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,
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 chapter
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 judgment, 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 manner as
the taxes for the purchase of the toll road are collected, and when col-
lected 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.

LAWS RELATING TO AGRICULTURE. 237

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
mcorporated 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 immediatelv thereafter become a
free road, for the period over which such right extends.

REPAIR OF IMPROVED ROADS.

Sec. 4876. [Improved roads to be repaired.] All macadamized
or graveled roads which are free roads, whether constructed under gen-
eral 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 commis-
sioners 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, Erie,
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 thereof.

Sec. 4889a. [Certain repairs in Pickaway county.] In Pickaway
county, the county commissioners shall repair all embankments or levees,
on which free turnpike roads are located, which have been constructed
to prevent overflows and inundations of said free turnpikes, and the
expense of repairing such embankments or levees, or free turnpikes
constructed thereon, shall be paid out of the money raised by taxation
for road or bridge purposes in said county.

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 are required to take the charge
and control thereof; and the auditor shall give the like notice upon the
acceptance 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 shall, upon receipt of the notice, have full charge and control of
all such roads 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

238 LAWS RELATING TO AGRICULTURE.

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 ma-
terial for the repair of the roads within their townships, as are, or may
be conferred by law upon county commissioners.

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 required in section
forty-eight hundred and ninety-one and under the control and super-
vision 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 expended 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 of! 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 off, from
the common road fund of their township, such amount as to them shall
seem equitable, to be an improved road fund, especially applicable to
the care and improvement 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 balance thereof remaining in any township treasury, may, by the
township trustees, be transferred, and used for the repair 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 trustees and the
road-labor where applied to such improved roads are found by the county
commissioners to be insufficient to keep such roads in good 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 county commissioners in

LAWS RELATING TO AGRICULTURE. 239

such proportion as they may determine to be just and equitable between
the several townships in which the roads are located, and shall be ex-
pended upon such improved roads, in accordance 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 additional tax to that levied by the trus-
tees thereof, on all the taxable property of the township, on the basis
of the number of miles of improved 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 che
county, and the same shall be kept in repair as herein provided.

Sec. 4895ft. [Notices by auditor.] Unless such notice has
already been given, the auditor of each of said counties shall immediately
give notice to the clerk of each township that the trustees are required
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 4895'.-. [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 township.
The trustees shall divide the township into such number of districts not
to exceed eight, as the best interests of the public roads in their judgment
may demand, and shall appoint for each of such districts a suitable per-
son, not one of their own number, who shall be a resident of the dis-
trict, and shall be known as road superintendent.

Sec 4895J. [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 require,
which bond shall be filed with the township clerk. His appointment
shall be for one year and he may be removed or dismissed at the will
of the trustees or' a majority thereof at any time.

^ec 480^ [Powers and duties of superintendents.] Wfoen

properly qualified the road superintendent shall have full control undei

heVrustees of all such roads within his district and shall keep them

in -ood repair and condition for all kinds of public travel, and for this

240 LAWS RELATING TO AGRICULTURE.

purpose he shall have all the powers and privileges of road supervisors
for drainage, and for the removal of timber, logs, cord wood 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 township 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 expenditures in his district for road purposes
the preceding year; the number of persons in his district who are re-
quired by law to perform two days' labor on the public highway, and
the number who have performed 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 ex-
pended for road purposes in each district of the township. The road
superintendent 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 provided 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 superintendent for work on such roads,
other than is herein provided for superintending 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 whatever, gives or
signs any certificate for labor or work performed, or material 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 township where such
superintendent resides, and the trustees of the township shall prosecute
all offenses against the provisions of this section.

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, not
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,

LAWS RELATING TO AGRICULTURE. 241

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 repairs, 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 provision 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/j. [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 contract
for the necessary material and labor therefor, and, when approved 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 exceeds ten dollars on any one
culvert or bridge, shall first be authorized by the township trustees in
writing, and the superintendent shall accompany his account to the auditor
with a copy of the trustees' authorization. Nothing in this section shall
be construed to prevent 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 receive any compensation for the duties required in this section except
as the commissioners may allow.

Sec. 4895/. [Office of road supervisor abolished, 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 notice.
The road superintendent, as provided for in section 4895c. is invested
with all the powers and privileges that are conferred by law upon super-
visors ; and section 4889 of the Revised Statutes, so far as it relates to the
counties mentioned in section 4895a 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/ °f 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 are hereby constituted a board of turnpike
directors, in which the management and control of all such roads therein
shall be exclusively vested.

16 F. H. B.

242

LAWS RELATING TO AGRICULTURE.

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 county 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 several
roads, who shall be required to give bond and security to the satisfac-
tion 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 circulation in the county,
of such rules as may be adopted for the regulations of labor and travel •
on such roads, notice of the regular meetings of the board, and on or
before the third Monday in the month of September in each year shall
make a detailed statement of receipts and expenses to the court of com-
mon 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 contract,
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 year,
the amount of money necessary for the purpose of keeping such roads,
including the bridges and culverts thereon, in 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 enter 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 removal 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 deliver}7 of the certificate.

LAWS RELATING TO AGRICULTURE. 248

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 commissioners 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. [Township trustees to apportion road labor.] In

townships wherein such roads are located, and placed under the control
of turnpike directors under the provisions 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 the board, but not to
exceed two dollars and fifty cents per day for time actually employed,
and to be paid out of the turnpike fund.

Sec. 4904. [Regulation of burdens on improved roads.] It shall
be unlawful for any person or persons, firm or corporation, in 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 of more than two thousand pounds. The county com-
missioners of every county shall constitute a board of directors for their
respective counties, with power to prescribe the increased weight in quan-
tity greater than two thousand pounds that may be carried 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 prescribed by the aforesaid board of county commis-
sioners 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, or any pike superintendent
or commissioner within their respective jurisdiction, or any owner or
president of any turnpike company owning or operating a turnpike road
within any county, and the county commissioners within their respective
counties, shall cause to be prosecuted all persons violating this act or
violating anv regulations prescribed by the board of county commis-
sioners, made in pursuance of the authority herein conferred. The
county commissioners within their respective counties are hereby empow-
ered to appoint some suitable person or persons to enforce the require-

244 LAWS RELATING TO AGRICULTURE.

ments of this act and such regulations as are made in pursuance 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 com
pany, the complaint is well founded, the said board, owner or president
of any such turnpike company may also enjoin any person or persons who
are engaged in the business of transporting 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 included, or
may hereafter be included, within the corporate limits of any city or
village in such counties, to points therein where the sidewalks have been
curbed and guttered, and no further.

Sec 4907. [Certain funds 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 purpose of keeping in repair
such roads, the commissioners shall apportion such fund to the different
townships within their county, according to the number of miles of turn-
pike roads therein contained; and they shall direct the 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 keep-
ing in repair the turnpikes 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 majoritv in in-
terest of the proprietors of lands adjoining the road may, after having
given thirty days' notice by advertisement in one or more newspapers
published in the county in which the road is located, and having given
notice in the township or townships where the road is located, by having
posted up copies of such notice in three or more public places therein,
at least thirty days previous, petition the commisioners 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.

LAWS RELATING TO AGRICULTURE. 245

Sec. 49086. [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 re-
corded 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 established highway.

Sec. 4909. [Sidewalks along roads authorized.] Any person or
board of education, the council of any village, the trustees of any cem-
etery association, or any agricultural or religious society may appro-
priate on any public road of sufficient width on either side thereof, suf-
ficient land to construct thereon a public sidewalk not exceeding six
feet in width, and may construct such sidewalk thereon; but such side-
walks shall. not obstruct any private entrance or public highway.

(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] improve a sidewalk of
such width as the trustees shall determine, not exceeding 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 competent jurisdiction.

Sec. 4910. [Township trustees may borrow money for certain
purposes; when question of issue shall be submitted to vote.] The
trustees of any township in which there is now or may hereafter be lo-
cated any cemetery, when it becomes necessary to make or repair 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 ex-
ceeding fifteen hundred dollars, and at a rate of interest not exceeding
six per cent, per annum, for the purpose of making, repairing or build-
ing 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 trus-
tees shall submit the question of borrowing money and issuing bonds
for the purpose of making, repairing or building such roads or walks
to the cemetery to a vote of the qualified electors of said township, at
any special or general election, of which at least ten days' notice shall be
given. If a majority of the voters of said township vote in favor of
issuing said bonds, then the trustees of said township shall issue said
bonds as provided for in this section.

Sec. 491 i. [May levy tax to pay same.] If the trustees of any
such township borrow money and issue bonds, as provided in the pre-
ceding 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 purpo'se than that which is specified in said section : but if there be a
surplus after 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 construe-

246 LAWS RELATING TO AGRICULTURE.

tion 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,
an,d the transportation of the same, shall be paid from the county
treasury, by order of the commissioners, from any funds applicable to
the construction of such roads, and the same shall be taken 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 remain
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 appropriation 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 aban-
doned ; and upon such abandonment being declared, as hereinafter pro-
vided, it shall be unlawful for any company or person owning or claim-
ing 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 preceding 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 claim-
ing to own such road, and all persons owning or claiming to own the
right to take toll thereon, shall be made defendants.

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 no-
tice in writing to the defendants, stating the filing of such petition, and
the day fixed for hearing thereof, and requiring the defendants to ap-
pear 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 aforesaid,
the court shall declare the same abandoned and vacated as a toll road.

LAWS RELATING TO AGRICULTURE. 247

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

the defendants is a non-resident of the state, and this fact is made to
appear by affidavit on the filing of the petition, the court shall order no-
tice to be given by the petitioners to such non-resident, by publication
for three consecutive weeks, in some newspaper printed and of general
circulation in the county, stating the time when such petition will be for
hearing, and 'the object and prayer thereof, which publication shall be
deemed sufficient service.

Sec. 4918. [Abandoned toll road to become free road.] When
a toll road, or part thereof, has been heretofore or shall be hereafter
declared abandoned and vacated as aforesaid, it shall thereafter become
a free road, to be kept in repair as provided in chapter ten.

Sec. 4919. [Tax to repair damaged highways.] When any one
or more of the principal highways of any county, or any part thereof,
have been destroyed or damaged by freshet, land-slide, wear or water-
courses [,] or any other casualty, or by reason of the large amount of
traffic thereon, or from neglect or inattention to the repair thereof have
become unfit for travel or cause difficulty, danger or delay to teams
passing thereon, and the commissioners of such county are satisfied that
the ordinary levies authorized by law for such purposes will be inadequate
to provide money necessary to repair such damages, or to remove ob-
structions from, or to make the changes or repairs in such road or
roads as are rendered necessary from the causes herein enumerated, said
commissioners may annually thereafter levy a tax at their June session
of any sum not exceeding five mills upon the dollar upon all taxable
property of the county, to be expended under their direction in such
manner as may seem to them most advantageous to the interest of the
county for the construction, re-construction or repair of such road or
roads or any part thereof. Provided, that this section shall not be so
construed as to authorize the commissioners to refuse to make a levy
for a road fund under the provisions of section 2824 of the Revised
Statutes ; and provided further, that in any county, when the valuation
of the taxable property shall not exceed ten millions of dollars, if the
commissioners shall fail in any year to make a levy of at least one mill
upon each dollar of taxable property within that county, to be used
and expended as a road fund as authorized by law under said section
2824, one-half of all taxes charged for road purposes under the pro-
visions of this section (4919) for said year on the property within the
limits of any municipal corporation in said county, and collected by the
countv treasurer, shall be paid over to the corporation treasurer, to be
specially appropriated by the council thereof to street and road purposes
as is provided by law.

Sec. 4919a. [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
countv which at' such last federal census had or which at any subsequent
census may have a population of not less than twenty-five thousand seven
hundred (25,700) nor more than twenty-six thousand (26.000), and the
property included within the limits of any such county shall not be
subject'to such levy as is provided for in said section 4919.

248 LAWS RELATING TO AGRICULTURE.

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 written pe-
tition 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 manner, and
for such compensation, payable as hereinafter provided, and not other-
wise, as said commissioners may direct ; and as soon as such road or
part thereof is fully improved and completed, to the satisfaction of
said commissioners, they shall give to the person, his administrator 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 com-
missioners. Tn case of any dispute between the person or persons mak-
ing such improvement and the commissioners, the judgment of the com-
missioners 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 cer-
tificate, the same shall, in like manner, be so credited from year to year,
until the certificate is fully paid without interest ; and until such cer-
tificate 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 commis-
sioners, 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 agree-
ment with any responsible person or persons for the repair of such
improved road or part of road from year to year, and upon such terms
as may be agreed upon, and the amount so agreed to be paid for the re-
pair 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 com-
missioners, or out of the township road fund in case said agreement shall
have been made with the township trustees.

LAWS RELATING TO AGRICULTURE. 249

Sec. 4921. [How surplus of tax to be disposed of.] All money
assessed and collected under 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 col-
lected, shall be paid to the treasurer of the township or municipal cor-
poration from which the same was collected, and shall be expended on
the public roads, under the direction of the trustees of the proper town-
ship 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 turnpike
roads, over which tolls are collected, are subject to overflow or inunda-
tion, 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 purposes.

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 such 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 dupli-
cate 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 estab-
lished, 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 in-
terest on the probable cost of constructing a bridge across the stream.

Sec. 4925. [When county auditor may levy extra road tax.]

When two-thirds of the resident freehold taxpayers living on the line
of any state road, county road, or turnpike road, file a petition with the
auditor of any county for in extra tax for the purpose of constructing,
improving, or reoairing such road, he shall levy such tax, of any amount
that may be required, not exceeding six mills on the dollar valuation,
in anv year, on all the lands and taxable property for any distance on
each side of such road not exceeding one mile, and in no case more than
half the distance from such road to any other state, county, or free turn-
pike road running parallel or nearly parallel thereto.

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

250 LAWS RELATING TO AGRICULTURE.

at the expiration of three years the petition or request be renewed ; 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 town-
ship only.

Sec. 4928. [Such tax may be paid in labor.] All taxes arising
under the provisions of the three preceding sections may be discharged
bv labor on the proper road, under the direction of the supervisors within
whose jurisdiction such road is located, as provided by law in other cases ;
and the rate of labor shall be one dollar and fifty cents per day, and a
ratable proportion for teams and implements.

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 treas-
urer in discharge of such tax.

(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 inhabitant
of a road district, who shall construct on his own land, and keep in re-
pair, 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 the ground, and easily accessible for horses with vehicles, but
the said trustees respectively may designate the number necessary for
the public convenience in each road district, and no other than those
designated shall be allowed 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 Hventy-Uve, four thousand nine hundred and twenty-six and four
thousand nine hundred and tieenty-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 treasurer
shall pay to each of the township treasurers the portion of 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 mav 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 contem-
plated 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 hereinafter 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.

LAWS RELATING TO AGRICULTURE. 251

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 desig-
nate, for the collection of tolls, appoint the necessary collectors of tolls,
and remove them at pleasure, and pay them reasonable compensation
for their services ; the collectors shall pay into the treasuries of their
respective counties, at the end of each month, all money collected and
remaining in their hands after deducting the compensation allowed for
their services, and the commissioners shall apply such money to the keep-
ing in repair of said road within their respective 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 part of said road situate in Madison
county, or on the part lying between the city of Columbus and the Co-
lumbus 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 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 obtained
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 proceeds of the sale to the repairing 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 completed,
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 road a free turnpike or county road.

Sec 4935a* [Road records, how restored; publication and notice
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 bv 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 mav be produced shall be ascertained and declared b\
the court, said court shall require notice to be given by publication Kir
-ix weeks upon such davs, not less than once a week, and in such news-
papers as said court shall direct, of the filing and prayer of said applica-

252 LAWS RELATING TO AGRICULTURE.

tion, 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 application should not be
granted, and shall also cause a copy of said publication 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 considering which it shall hear any evidence
which in its judgment throws light upon the question without regard to
the ordinary rules of evidence ; and if, and as often as, said court shall
find any of said papers to be accurate or substantial copies of such rec-
ords, 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 bv 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. 49356. [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 contempt as in other
cases, and in case the production of such papers is ordered by the court,
the party ordered to produce the same shall pav all the costs under this
section.

Sec. 4935^ [County roads.] As to all county roads whose
records have been lost or destroyed as aforesaid, and are not reproduced
under the foregoing sections, prima facie the center of the road as now
fenced shall be taken as the true center, and prima facie the width of the
said road shall be sixty feet.

(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 individual, part-
nership 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 anv portion of which shall pass any state, county or
township road or public highway, with the consent of the board of county

LAWS RELATING TO AGRICULTURE. 253

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 cor-
poration 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 ; condi-
tioned, that while crossing over or mining or quarrving under any such
road, a safe and unobstructed passageway or road shall be kept open by
such individual, 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 purpose of conveying water for public and other purposes; pro-
viding 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, giv-
ing to each city and to each rural district in the county a representation
on the board, as near as possible, in proportion to the probable 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 appointment. A commissioner thereafter
appointed for a full term, shall hold office for five yars from and includ-
ing the first day of January of the year in which the appointment is made.
A commissioner appointed to fill a vacancy occurring otherwise than by
expiration of term, shall be appointed for the unexpired term of his
predecessor in office. Whenever 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 vancancy and file such appointment in the office of the county
clerk. The county clerk shall forthwith notify scuh person of his appoint-
ment, and he shall take office immediately upon filing his written accept-
ance thereof with the county clerk and taking the constitutional oath of

254 LAWS RELATING TO AGRICULTURE.

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 ex-
cused by a vote of the" board, the board of sidepath commissioners may
declare the place vacant by a majority vote of the board. Such com-
missioners shail serve without compensation, but shall be repaid their
actual and necessary disbursements, out of the sidepath fund.

Sec. 4935-4. [Power to construct and maintain side-paths.]

Such board of sidepath commissioners is hereby authorized and empower-
ed to construct and maintain sidepaths along any public road or section r
thereof, of the county, outside the limits of incorporated cities and vil-
lages, or outside the corporation tax district thereof. Xo sidepath shall
be constructed upon or along any regularly constructed or maintained
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 footpaths
or portions of the public road which are worn only by travel. No member
or any number of members of a sidepath commission shall begin 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 license
to consist of an inscription, tag, badge, emblem or device suitable to be
affixed 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 re-
ceive such license, which shall be good during the calendar year tor
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 sidepath commis-
sion, may secure a license in any county where a side path commission
has been lawfully appointed by a probate judge, and such license shall be
valid for the use 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 appointed, 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

LAWS RELATING TO AGRICULTURE. 255

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 treasurer for said
sum. But no money shall be disbursed by the said commissioners, or anv
of them, but the same shall be disbursed by the 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 anv contract 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.] The 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 constructed
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 anv sidepath or any portion thereof,
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-n. [Sidepaths heretofore constructed to be placed
under control of sidepath commissioners.] The sidepaths heretofore
constructed and hereafter to be constructed in said state are hereby placed
under the control and direction of the boards of sidepath commissioners
of the various counties 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 sidepath
or any other obstruction in the county wherein said board has jurisdic-
tion, when in the judgment of said board, the same may interfere 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 exceed-
ing 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 securitv, which the rider may offer, as aforesaid, for his appearance,

256 LAWS RELATING TO AGRICULTURE.

before the most convenient court or magistrate, 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 offense, and such security shall
be forthwith delivered, by such officer, 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 security 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 vil-
lage, 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, pertaining to any
municipality, or of any ordinance or by-law of any municipal corporation
unless such municipality shall have placed at the corporate limits of such
municipal corporation in at least four prominent thoroughfares, 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 commis-
sioners 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 public 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 prescribed by law all
necessary bridges in villages and cities not having the right to demand and
receive any portion of the bridge fund levied upon the property within
such corporations, on all state and county roads, free turnpikes, improved
roads, transferred and abandoned turnpikes and plankroads, which are
of general and public utility, running into or through any such village
or city.

LAWS RELATING TO AGRICULTURE. 257

Sec. 4939. [Joint county and railroad bridges.] The commis-
sioners of any county may contract with any railroad company for 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;
duty of township trustees.] 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 construction thereof in
the same manner as is provided by law for contracting for the erection
of bridges by county commissioners; and the county commissioners of
any county may contract for and purchase such stone, gravel, earth, dirt
or other material as may be necessary for the construction of such
approaches or ways to such bridges, 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 can not agree on a price
deemed fair and reasonable, like proceedings 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 -of 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 feet; and the cost of
such lighting shall be paid from the bridge fund of the county on the
order of the commissioners; 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 dollars, and shall keep in repair all bridges con-
structed by the commissioners ; provided, however, such repair by said
trustees of any such bridge, in any year, shall not exceed ten 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, regard-
ing approaches to bridges, see § 861.

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.

(4941-1) Sec. 1. [Guard rails on county bridge.] It shall be
the duty of every board of county commissioners in this state to, within
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 every county bridge, viaduct or culvert, the I
same being more than five feet high ; and' also erect or cause to be erected, r
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

17 F. H. B.

258 LAWS RELATING TO AGRICULTURE.

feet in height, where the same shall have any immediate connection with
a public highway, or is adjacent thereto, in an unprotected 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 municipality ;

[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.

(4941-2) Sec. 2. [How paid for.] Said guard rails shall be
erected in a substantial manner, having sufficient strength to serve as a
protection to life and property, and shall be paid for out of the county
bridge fund in each and every county of this state.

(4941-3) Sec. 3. [Penalty.] Each and every failure to comply
with the provisions of this act shall render the county liable for all
accidents 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
thereof, upon such purchase and sale, the commissioners may appropriate
the same; and for this purpose they shall cause an accurate survey and
•description of such bridge and approaches, and the land occupied
by the same, 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, which are now provided by law for the appropria-
tion of private property for 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. Provided how-
ever 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 plank
road, 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 plank road company to collect toll
on the unsold or unappropriated part of its said plank road.

Sec. 49416. [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

LAWS RELATING TO AGRICULTURE. 259

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 commissioners.

Sec. 4942. [Bonds may issue therefor.] For the purpose of
paying such 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
mav 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 thereon.

Sec. 4944. [Must put up caution notices.] The commissioners
of the several counties shall cause to be painted in large letters, and con-
spicuously 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.

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 commenced
within three months after the offense is committed ; and nothing contained
in this chapter shall be construed to take away from the county com-
missioners* any right of action for changes [damages] which they 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 township
where such taker-up resides ; nor shall any compensation or fees be al-
lowed 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-

260 LAWS RELATING TO AGRICULTURE.

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 office, or some other conspicuous place near thereto : and
said taker-up shall, within five days, advertise the same in writing-, by
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 description 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 re-
ceive 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 advertisment,
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.

Sec. 6629. [Appraisement.] The said justice shall issue an
order 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 afore-
said, 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 afore-
said, 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 freeholder
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 delivery of the
same into the custody of any resident of such township, having the quali-
fications required by section twenty-six hundred arid twenty-seven : pro-
vided, that if no resident of such township, legally qualified as afore-

LAWS RELATING TO AGRICULTURE. 261

said, shall be found willing to receive such stray or strays, and to pro-
ceed 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, however, to be taken up by
any person legally qualified, at any subsequent 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
tzccnty-cight, and that he hath neither trimmed, docked, nor altered the
brands or marks thereof; and if the taker-up be a freeholder or house-
holder 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 satisfaction of
such justice that the taker-up is not a resident of the county, and a free-
holder or householder as aforesaid, he shall require the taker-up to give
sufficient security to such justice, for the safe-keeping and delivery of
such stray or strays, agreeably to the provisions of this chapter; 'and
on producing such security, the justice shall make a record 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 allowance for keeping
such strays as to them shall appear just, and forthwith 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

262 LAWS RELATING TO AGRICULTURE.

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 valuation
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 ap-
praisement, 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 the same to a constable of the township, and the constable shall
immediately advertise such stray or strays for sale at three public places
within the township, mentioning the time and place of sale, which shall
be at least ten days from the time of advertising, and 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 resi-
dence 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 trans-
mit the same to the township treasurer.

Sec. 6635. [Sale and ajustment, 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 expenses
and fees, to take an obligation from the purchaser for the balance due,
with one or more sufficient sureties resident within the township, pay-
able to the township treasurer, or his successor in office, and to deliver
the same to the said treasurer, for the use of the township in which
the stray or strays are taken up ; and it shall be the duty of such con-
stable to take duplicate receipts for the same, one of which he shall file
with the township clerk, together with his certificate stating 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 treasurer 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 moneys due thereon : provided,
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 the peace for
the proper township, the justice shall issue his order to the treasurer,
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.] Tf any person, taking up any stray as aforesaid, shall sell

LAWS RELATING TO AGRICULTURE. 26S

the same, abuse, or suffer 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, suffer 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 trustees of the town-
ship, as 'the case may be, and, upon conviction thereof, shall pay the
full amount of damages sustained, and costs of suit; and if any per-
son, who may have taken up any horse, mare, or gelding, shall in any
manner work or use the same, such person shall be debarred from re-
ceiving 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 com-
pensation for his trouble, the taker-up shall proceed to advertise said
horse; and the same proceedings shall be had, in every respect, as here-
inbefore provided in cases of stray horses: provided, that the taker-up
may, after the expiration of twenty days from the time of advertising,
geld, or procure to be gelded, the 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 per-
sons, finding any boat, watercraft, raft, or piece of raft, or other valu-
able property gone or going adrift, within this state, or any of the waters
adjoining thereto, to take up and secure such boat, watercraft, 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 valuable prop-
erty, to be viewed by two freeholders or householders of the township,
who shall, after viewing the same, give a description thereof, in writ-
ing, 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 jus-
tice 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 bv him transmitted, together with the certificate
aforesaid, within fifteen davs, to the clerk of the court of common pleas,
and the clerk shall enter the same in his stray book, and file the original
in his office: provided, alwavs, that if the taker up is not a freeholder
or householder, within the county, the justice may. if he deem it nec-
essarv. require him to give security, as in the case of stray animals, taken

264 LAWS RELATING TO AGRICULTURE.

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 possession, 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 proving his right thereto, within the time hereinafter limited, and
paying 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 justice of
the peace, together with the fees allowed by this chapter, shall be en-
titled 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 deliver
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 valuable
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 taking
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
new 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 ap-
praisement of such stray or drift 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 township been
so set off ; and the constable, furnished with such copy, shall proceed to
advertise and sell such stray or drift in the same manner as hereinbe-
fore provided ; and the proceeds of such sale, after paying the incidental
expenses, shall be paid into the treasury of the township 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,

LAWS RELATING TO AGRICULTURE. 265

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 expirino-
resignation, or otherwise, he, or his legal representatives, shall deliver
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 m office, 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 negleet of duty, etc., under this chapter;
township treasurers to sue, etc.] If any person shall neglect to perform
any ot the duties required by this chapter, or shall do anything contrary
thereto, such person shall forfeit and pay a sum not exceeding one hun-
dred 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 treasurer to sue for, and collect and pay over, all moneys aris-
ing 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
freeholders 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 sherifT, 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 without
being reclaimed by the owner, said property, if an animal, shall be dis-
posed 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 twentv 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
than twenty dollars, or imprisoned not more than three months, or both.

266 LAWS RELATING TO AGRICULTURE.

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 trespassing 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 in-
juring, less the amount of actual damage done by such animal while
so trespassing, 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 justice
he and his bondsmen shall be responsible for its safe keeping 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 services in be-
coming such custodian.

Sec. 6854. [Taking, using, etc., horse, mule, etc., without leave.]
Whoever 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
injure same.] Whoever wrongfully takes any bicycle, tricycle or
tandem bicycle from the house or lot of another person, or from any
other place where any such bicycle, tricycle or tandem bicycle has been
lawfully placed, with intent to injure or use such bicycle, tricycle or
tandem bicycle, shall be fined not more than one hundred dollars or im-
prisoned not more than sixty days, or both.

Sec. 68546. [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 bicycle
the property of another, or who maliciously alters, defaces or removes
any name placed on any bicycle, tricycle or tandem bicycle the property
of another, shall be fined not more than fifty dollars or imprisoned not
more than thirty days, or both.

Sec. 6854f. [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, cutting,
defacing or in any manner destroying any tire on any bicycle, tricycle or
tandem bicycle, or who maliciously removes or destroys or defaces any

LAWS RELATING TO AGRICULTURE. 267

part of any bicycle, tricycle or tandem bicycle the property of another,
shall be fined not more than fifty dollars or imprisoned not more than
thirty days, or both provided that said bicycle, tricycle or tandem bicycle
has been listed for taxation.

Sec. 6854^. [Unlawfully placing upon public way substance
liable to injure pneumatic tire.] Whoever purposely places or causes
to be placed in or upon any avenue, street, alley, road, highway, or public
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. 6854c. [Disposition of fines.] Such -fines when collected
shall be paid into the road or street fund of the township op municipal
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 con-
tagious disease, or to have been recently exposed thereto, sells, barters,
or disposes of such animal, without first disclosing to the person to whom
the same is sold, bartered or disposed of, that such animal is so diseased,
or has been so exposed, as aforesaid, or knowingly 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 knowledge 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 arid 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 dol-
lars or more, be imprisoned in the penitentiary not more than three years
nor less than one vear, 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 days nor less than one day.

Sec. 6865. [Altering or removing landmarks.] Whoever know-
ingly and maliciously cuts, fells, defaces, alters, or removes, any land-
mark, corner, or bearing-tree, properly established, or any monument
lawfully placed on the line between this state and 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 anv monument placed by the county surveyor, or by
the direction of the county commissioners, at the corner of any originally
surveyed township, shall' be fined not more than one hundred dollars,
or imprisoned not more than thirty days, or both.

268 LAWS RELATING TO AGRICULTURE.

Sec. 6868. [Throwing down fences or opening gates.] Who-
ever wantonly or maliciously throws or lays down, or opens, prostrates,
or injures, any fence enclosing any land, the property of another, 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 turnpike
or .plank road, toll-gate or toll-board or any toll-gate erected on, or any
fence which has lawfully been erected across, or partially across any
turnpike or plank road, or the national road, or whoever, with intent
to evade the payment of toll, passes through any private g*ate 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 defraud,
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.]
Whoever maliciously injures or defaces any church edifice, school house,
dwelling house, or other building, its fixtures, books, or appurtenances,
or commits any nuisance therein, or purposely and maliciously 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 thai one hundred dollars.

Sec. 6878. [Destroying or defacing newspapers, etc., belonging
to libraries.] Whoever intentionally defaces, obliterates, tears, or
destrovs, in whole or in part, any newspaper, magazine, or periodical, on
file in any reading-room belonging to another person, or cuts therefrom
any article or advertisement, shall be fined 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, sap-
ling," 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

LAWS RELATING TO AGRICULTURE. 269

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 person,
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. 688otf. [Trespassing, cutting timber, etc.; how punished.]
Whoever shall saw, bore, or cut down any timber, tree, or trees of what-
ever size, or any poles commonly called hoop-poles, standing or grow-
ing 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 i p,
pluck off, or carry away from the lands of another person, any culti-
vated root or roots, plant or plants, fruit, or any other vegetable pro-
duction or productions, with intent in each or any of the above recited
cases to injure the owner of said lands in his property, pr to defraud
him 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 not less thin
one year, and shall pay the costs of prosecution. And, if any person
shall be convicted of either or any of the offenses mentioned in this sec-
tion, and the value of the property severed, or in any 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 severed, or carried away
from lands as aforesaid, or imprisoned in the jail of the county not ex-
ceeding thirty days, or both, at the discretion of the court, and pay costs
of prosecution.

Sec. 68806. [Penalty for buying timber cut unlawfully.] Who-
ever shall buy any of the property mentioned in section six thousand
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. 6880c?. [How judgment collected and paid over.] The

court trying anv 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 as-
sessed and costs of prosecution, and the sheriff, or other officer collect-
ing said judgment, shall, after paying all costs of prosecution, pay over
to the owner of said property severed or taken as aforesaid, twice the
value thereof, as returned by the jury.

Sec. 688o^. [Trespassing upon lands of another; penalty.]
Whoever, 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 unlawfully

2^0 LAWS RELATING TO AGRICULTURE.

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 premises, or neg-
lect 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 misdemeanor, 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, tres-
passes upon the lands of another, shall be fined not more than one hun-
dred 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 deemed a separate offense ; and all prosecutions hereunder shall be
commenced within one year from the time the offense becomes known
to any owner of the property injured.

Sec. 688i<7. [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.

(6881-1) Sec. 1. [Forbidding trespasses by employes of tele-
phone and telegraph companies.] Be it enacted by the General Assem-
bly of the state of Ohio, That any person engaged either for himself, or
as an officer, clerk, agent, servant, or other employe of any corporation,
company, firm, or person doing business wholly or partly in the state
of Ohio, as receivers and transmitters of messages or other communi-
cations, 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 premises, building or
buildings of another for the purpose of constructing, altering, repairing,
or examining the wires, poles, insulators, frames, or other appendages
belonging to such corporation, company, firm or person, without the writ-
ten consent of the owner or agent of such premises, building or buildings,
or shall attach thereto any wire, pole, insulator, frame, or other ap-
pendage whatsoever, without such consent, shall be fined not less than
ten nor more than one hndred 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, advertisement or notifi-
cation 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 tables of rules or rates or any other notice, affixed
or pasted upon any bridge, by any owner or keeper thereof, for the in-
formation 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 otherwise

LAWS RELATING TO AGRICULTURE. 271

marks upon, or in any manner places upon or affixes to, any building,
fence, wall, or tree, without the consent of the owner thereof, 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 sec-
tion does not apply to the posting of any handbill or notice of any public
sale of property by any sheriff, administrator, executor, or licensed auc-
tioneer, 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 any mu-
nicipal corporation, the trustees of any cemetery association, the trus-
tees of any township, or any agricultural or religious society, or rides,
drives, leads, or 'hitches any horse or other animal on such footwalk
or sidewalk, or in any other way obstructs the same, or digs up or re-
moves any of the material of which the same is composed, shall be fined
not more than twenty-five not less than five dollars, or imprisoned not
more than ten days, or both.

(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 pe-
riod 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.

(6884-2) Sec. 2. [Penalty.] Any person or persons violating
the provisions of this act shall be deemed guilty of a misdemeanor, and
upon conviction shall be fined not exceeding ten dollars, or imprisoned
in the county jail not exceeding thirty days, or both.

Sec. 6885. [Breaking open pound, etc.] Whoever interferes
with, breaks open, destroys, or injures, any pound erected under
authority 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.] WThoever 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^ indi-
viduals, 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 impure, 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 alley of any municipal corporation,
shall be fined not more than five hundred dollars.

272

LAW'S RELATING TO AGRICULTURE.

Sec. 6922. [Creating artificial ponds, and stagnant waters.]
Whoever builds, erects, continues, or keeps up, any dam or other ob-
struction, 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 animal,
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 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 occasioned 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 here-
inbefore 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,
outside the limits of 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 high-
way; 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 wrhich 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, distant
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 diseases shall be burned, or buried at least four feet below
the surface of the ground by the owner thereof. Any 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 trustees 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 necessary expenses incurred by said trustees in dis-
posing of such animals. Action to recover fines, costs, and expenses as

LAWS RELATING TO AGRICULTURE. 273

herein provided shall be brought upon complaint of said trustees before
any justice of (He 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.

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
become 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 imprisoned
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' industrial 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 providing against the evils resulting from
the traffic in intoxicating liquors," passed March 11, 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 solely 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 regu-
lar dealer in intoxicating liquors from doing business and selling the
same, at his usual place of business 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 cru-
elly beats, or needlessly mutilates or kills any animal, or impounds or
18 f. H. B.

274 LAWS RELATING TO AGRICULTURE.

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 transporting live stock, detains such
stock in railroad cars, or in compartments for a longer continuous period
than twenty-four hours after the same are so placed, either within or
beyond this state, without supplying 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.

(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 off 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 misde-
meanor, and upon conviction thereof shall be fined, for the first offense
not less trkn 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 oase of any accident, malformation or disease, which may affect the
dock or. tail of any 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, etcc; who deemed aid-
ers and abettors.] Whoever engages in or is employed at cock-fight-
ing, dog-fighting, bear-baiting, pitting one animal against another of
the same or of a different kind, or any simitar cruelty to animals, or
receives money for the admission of any person to any place kept for
any such purpose, or uses, 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

LAWS RELATING TO AGRICULTURE. 275

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 witnesses such spec-
tacle, shall be deemed an aider and abettor.

Sec. 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 kind, 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.

BIRDS AND GAME.

Sec. 6960. [Catching, killing, injuring, pursuing or destroying
eggs or nests of certain birds ; penalty.] No person shall, at any time,
kill or injure, or pursue with such intent, any sparrow, nuthatch, warb-
ler, flicker, viroe, wren, robin, catbird, tanager, bobolink, blue jay, oriole,
grosbeak or redbird, creeper, redstart, waxwing, woodpecker, humming
bird, bunting, sta* ling, redwing, purple martin, brown thrasher, American
goldfinch, chewink cr ground robin, pewee or phoebe bird, chickadee,
fly catcher, gnat catcher, mouse hawk, whippoorwill, snowbird, titmouse
or eagle. No person shall, at any time, destroy the eggs or nest of any
of the birds named in this section. Any person violating any of the
provisions of this act shall be guilty of a misdemeanor, and on convic-
tion thereof, shall be fined as provided in section 6968;

[House-sparrow and American robin.] Provided further, that
nothing in this act shall prohibit the killing of the house or English
sparrow at any time, by anybody, or prohibit the killing of the American
robin and blue jay, by the owner or tenant of any premises where such
birds are found destroying berries or fruit growing on such premises.

Sec. 6960*7. [Permits to take birds, nests and eggs for scientific
purposes; now obtained; fee.] The provisions in section 6960 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 pro-
vided. Permits may be granted by the president of the fish and game*
commission to any properly accredited person, permitting the holder
thereaf to collect birds, their nests- and eggs for strictly scientific pur-
poses. In order to obtain such permit the applicant for the same must
present to said president of the fish and game commission written testi-
monials fr©m two well-known scientific men or teachers of science, certi-
fyingj to the good character and fitness of said applicant to be entrusted
with sueh privilege, and pay to said president one dollar 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 hun-
dred dollars, signed by at least two responsible citizens of the state as
sureties. The bond shall be forfeited to the state and the permit be-
come 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 than that named
in this section, and shall further be subject for each offense to the
penalties provided in this act.

276 LAWS RELATING TO AGRICULTURE.

[Permit in force but two years; non-transferable.] The permits
authorized by this act shall be in force for two years from the elate of
their issue and shall not be transferable.

Sec. 6961. [Catching, killing, injuring or pursuing game, de-
stroying eggs or nests, hunting, shooting, trapping, etc.] No person
sliall, on any place, catch, kill or injure, or pursue with such intent, any
Tiail, except between the tenth day of November and the first day of
December, inclusive; or any woodcock, squirrel or rabbit, except be-
tween the tenth day of November and the first day of December, in-
clusive; or any ruffed grouse, or pheasant or prairie chicken, except
between the tenth day of November and the first day of December, in-
clusive; or any rail, snipe, kildeer or plover, except between the tenth
day of November an*d tLe first day of December, inclusive; or any coot
or mud hen, or wild duck, except between the tenth day of November
and the first day of December, inclusive, and the tenth day of March
and tenth day of April, inclusive. No person shall, at any time, catch,
kill or injure, or pursue, with such intent, any wild duck or wild goose,
by the aid or use of any swivel or punt gun, or any other gun but a
common shoulder gun ; or with the aid of or from any sink boat or bat-
tery, or by the use or aid of any steamboat, naptha launch, electric launch,
sailboat, steam launch or any kind of boat whatsoever, except a common
rowboat propelled by oars. No person shall, at any time, catch, kill or
injure, or pursue with such intent, any of the birds, game or animals
mentioned in this act, with or by the use of any trap, net or snare, or
destroy any of the eggs or nests of any of the birds named in this
section. No person shall kill any wild duck on Sunday or Monday of
any week, or on any of the reservoirs belonging to the State of Ohio,
or upon the waters of Lake Erie and the estuaries and bays thereof, or
on the rivers, creeks, ponds, or other waters or bodies of water in this
state. No person shall hunt, shoot or trap or have in possession in the
open air for such purpose, any of the implements for the hunting, shoot-
ing or trapping of the same, on the first day of the week, commonly called
Sunday. No person shall shoot at or kill any wild duck before five
o'clock in the forenoon, or after six o'clock in the afternoon of any day
upon which it shall be lawful to kill the same. Any person violating
any of the provisions of this act, shall be guilty of a misdemeanor, and
on conviction thereof, shall be fined as provided in section 6968.

[Injurious squirrel or rabbit.] Provided, that nothing herein
shall be construed so as to prohibit the killing of squirrels or rabbits
by the owner or tenant of any premises where such animals may be
found injuring grain, fruit trees, shrubbery or vegetables.

Sec. 6962. [Discharging fire-arms on lawns, etc.] Whoever
discharges 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 charitable in-
stitution, shall be fined not more than twenty nor less than five dollars,
or imprisoned not more than thirty days, or both.

Sec. 6963. [Killing of wild deer and pheasants in certain seas-
ons; penalty.] No person shall catch, kill or injure, or pursue with
such intent, any wild deer, Mongolian, English or ring-neck pheasant,
before the 10th day of November, 1900; or after said date, except be-
tween the 10th day of November and the 15th day of December, in-
clusive. Provided, that nothing herein shall prevent persons from hav-

LAWS' RELATING TO AGRICULTURE. 277

ing in possession Mongolian, English or ring-neck pheasants, or deer
in private enclosure for the purpose of domestication or propogation.
And any person violating any of the provisions of this act, shall be
guilty of a misdemeanor, and, on conviction shall be fined as provided
in section 6968.

(6963-1) Sec. 1. [Unlawful killing or transportation of quail,
etc.; evidence.] No person shall at any time kill any quail, ruffed
grouse or pheasant, or any Mongolian, English, or any ring-neck pheas-
ant, for the purpose of conveying the same beyond the limits of this
state, nor for the purpose of sale in the markets of this state, or shall
transport, or have in possession with intent to procure the transporta-
tion beyond said limits, any of such birds killed within this state. The
reception by any person within this state of any such birds for shipment
to a point without the state, shall be prima facie evidence that said birds
were killed within the state for the purpose of carrying the same be-
yond its limits.

Sec. 2. [Penalty for violation.] Any person violating any of
the provisions of the preceding section, shall be fined as provided in sec-
tion sixty-nine hundred and sixty-eight.

Sec 6964. [Purchase, sale, exposure, or possession of certain
birds or game.] Whoever has in his possession, any quail or wild
turkey, except between the tenth day of November and the fifteenth day
of December, inclusive ; or any woodcock or squirrel, except between the
fourth day of July and the fifteenth day of December, inclusive ; or any
ruffed grouse, or pheasant, or prairie chicken, except between the first
day of September and the fifteenth day of December, inclusive; or
whoever purchases, sells or exposes for sale, or has in his possession,
any dove, except between the fourth day of July and the fifteenth day
of December, inclusive ; or any snipe, rail, kildeer or plover, except
between the first day of September and the fifteenth day of May, in-
clusive; or any coot or mud hen, or wild duck, except between the first
day of September and the fifteenth day of April, inclusive ; or any Mon-
golian pheasant, English or ring-neck pheasant, before the tenth day of
November, 1903, or after that date, except between the tenth day of
November and the fifteenth day of December, inclusive; or any of the
song or insectivorous birds mentioned in section 6960;

[Killing, selling or transportation of game.] Or whoever shall
at any time, catch or kill, any quail, wild turkey, ruffed grouse or pheas-
ant, prairie chicken, woodcock, squirrel, Mongolian pheasant, or English
or ring-neck pheasant, for the purpose of conveying the same beyond
the limits of this state, or for sale in the markets of this state, or shall
transport or have in possession with intent to procure the transporta-
tion beyond the limits of this state, or for sale in the markets of this
state, any quail, wild turkey, ruffed grouse or pheasant, prairie chicken,
woodcock, squirrel, Mongolian pheasant, or English or ring-neck pheas-
ant, killed within this state, shall be fined as provided in section 6968.
And in addition thereto, shall be liable to a penalty of twenty-five dol-
lars for each bird trapped or possessed contrary to the provisions of
this act.

[Evidence.] The reception by any person within this state of
any such birds, game or animals, for shipment to a point without the
state, shall be prima facie evidence that such birds, game or animals,

278 LAWS RELATING TO AGRICULTURE.

were killed within this state for the purpose of conveying the same
beyond its limits ;

[Common carrier.] Provided, that* the provisions of this act
shall not be construed as applicable to any common carrier into whose
possession any of the birds, game or animals herein mentioned, shall
come in the regular course of their business for transportation, while
they are in transit through this state from any place without this state,
where the killing of such birds, game or animals shall be lawful, but
nothing in the provisions of this act shall prevent any one having in
his possession wild deer during the time when the killing thereof is
made penal.

[Authority of game warden or deputy to open shipments of birds
or game.] Any game warden or deputy game warden in this state
shall have authority and right, at any time, to open packages, boxes,
crates or other receptacles, containing the birds, game or animals pro-
hibited by this act from being transported without the limits of this
state, delivered to a common carrier for transportation out of the state,
and shall take and confiscate such birds, game or animals, about to be
transported out of the state, and deliver them to some hospital, infirmary
or charitable institution.

Sec. 6965. [Disturbing pigeon-roosts, etc. ; sneak-boats.] Who-
ever kills, maims, or discharges any fire-arms at any wild pigeon while
on its nesting ground or at its roosting place, or breaks up, or in any-
way disturbs any pigeon-roost or nesting, or the birds therein, or dis-
charges any fire-arms at any wild pigeon within one-half mile of any
pigeon-roosting or nesting place, or disturbs or destroys any pigeon eggs
or nestlings, or from, or by the aid of any sneak-boat, battery or sink
boat, approaches by rowing, paddling, sailing, floating or sneaking, and
fires upon any wild ducks, or other water fowls sitting upon or as they
rise from the open water of any bay or estuary, excepting only such
water fowl as have been previously wounded, shall be guilty of a mis-
demeanor, and on conviction, be punished as hereinafter provided in
section six thousand nine hundred and sixty-eight.

Sec. 6966. [For shooting or hunting on lands of another with-
out permission.] Whoever, without having first received written
permission from the owner, his agent, or the person having the control
of any lands, pond, lake, or other private waters, except the waters claimed
by riparian right of ownership of adjacent lands, hunts upon the same
or thereon hunts, shoots, or shoots at, kills or pursues with the intent to kill,
or capture the Virginia patridge, quail, pheasant, prairie chicken, ruffled
[ruffed] grouse, blue winged teal, mallard duck, wood duck, squirrel,
rabbit, wild turkey, robbins, turtle doves, or any other bird or wild ani-
mal, [fowl] or game of any kind or destroys the eggs or nests of any
such bird or fowl, shall be deemed guilty of a misdemeanor, and upon
conviction thereof, for the first offense, fined not less than five or [nor]
more than fifteen dollars, and stand committed until such fine and costs
of suit are paid ; and any person convicted for a second offense under
this section committed within a year from time of first offense, shall be
fined not less than five or [nor] more than fifteen dollars, and stand
committed until such fine and costs of suit are paid.

(6966-1) [Jurisdiction in prosecutions; trial.] That justices of
the peace, mayors and police judges shall have final jurisdiction in all

LAWS RELATING TO AGRICULTURE. 279

cases arising under the provisions of said section sixty-nine hundred and
sixty-six provided, that the defendant shall be entitled, on .demand,
to a trial by jury. If such prosecutions be before a justice of the peace,
and a trial by jury be not waived, the said justice shall issue a venire to
any constable of the county, containing the names of sixteen electors
of the county, to serve as jurors to try such case, and make due return
thereof. Each party shall be entitled to two peremptory challenges, and
shall be subject to the same challenges as jurors are subject to in crim-
inal cases in the'court of common pleas. If the venire of sixteen names
be exhausted without obtaining the required number to fill the panel,
the justice may direct the constable to summon any of the bystanders
to act as jurors;

[Costs.] But costs shall not be required to be advanced or paid
by a person or an officer authorized or required by statute to prosecute
such cases; and if the defendant be acquitted, or if he be convicted, and
committed to jail in default of payment of fine and costs, the justice,
mayor, or police judge before whom the case was brought shall certify
such costs to the county auditor, who shall examine, and, if necessary,
correct the amount [account], and issue his warrant to the county treas-
urer in favor of the respective officers to whom costs are due for the
amount due to each.

(6966-2) [Giving to justices, mayors, and police judges final
jurisdiction in certain cases; costs. Justices of the peace, mayors,
and police judges shall have final jurisdiction in all cases arising under
the provisions of sections sixty-nine hundred and sixty, sixty-nine hun-
dred and sixty-one , sixty-nine hundred and sixty-three, sixty-nine hun-
dred and sixty-four, sixty-nine hundred and sixty-Uve, sixty-nine hun-
dred and sixty-seven, and sixty-nine hundred and sixty-eight of the Re-
vised Statutes ; provided, that the defendant shall be entitled, on demand,
to trial by" jury. If such prosecutions be before a justice of the peace,
and a trial by jury be not waived, the said justice shall issue a venire to
any constable, or fish and game warden, of the county, containing the
names of sixteen electors of the county, to serve as jurors to try such
case, and make due return thereof. Each party shall be entitled to two
peremptory challenges, and shall be subject to the same challenges as
jurors are subject to in criminal cases in the court of common pleas. If
the venire of sixteen names be exhausted without obtaining the required
number to fill the panel, the justice may direct the constable, or fish and
game warden, as the case may be, to summon any of the bystanders to act
as jurors; but costs shall not be required to be advanced or paid by a
person or an officer authorized or required by statute to prosecute such
cases ; and if the defendant be acquitted, or if he be convicted, and com-
mitted to jail in default of payment, of fine and costs, the justice, mayor,
or police judge, before whom the case was brought, shall certify such costs
to the county auditor, who shall examine, and, if necessary, correct the
account, and issue his warrant to the county treasurer in favor of the
respective persons to whom costs are due, for the amount due to each.

Sec. 6967. [Ferrets not to be used to catch rabbits.] Whoever,
upon the premises or lands of another, uses or employs, or attempts to
use or employ, ferrets for the purpose of catching rabbits, or driving
them from their burrows or hiding-places without first obtaining verbal
or written permission from the owner of such lands or premises, or from
his agent, or person in charge thereof, shall be fined for the first offiense.

280 LAWS RELATING TO AGRICULTURE.

not more than twenty nor less than five dollars, and for any subsequent
offense not more than one hundred nor less than fifty dollars.

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 who-
ever being the owner, occupier, or possessor of any land, suffers any
Canada thistle, teasels or wild carrot to grow and ripen seed 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
weers, see §§ 4732, 4732a, 4732fc.

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, 44460, and
4446c, of the Revised Statutes, shall be fined in any sum not exceeding-
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 recovery
of the civil penalty provided for by sections- 4446^ and 4446^ of the Re-
vised Statutes.

On the subject of the sale of commercial fertilizers, penalties, etc., see
§ 4446a et seq.

Sec. 7003. [Importing cattle infected with Spanish fever.]
Whoever 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 Terad 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 devicce, or whoever
establishes a temporary place of business for the sale of any article what-
soever, or offers for sale any such article except as a regular established
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 obtained the written
permission of the board of such society, shall be fined not more than
one hundred dollars nor less than one dollar.

FRAUDS.

(7069-3) Sec. 1. [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 unwashed
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 in-
tended to defraud the purchaser thereof.

(7069-4) Sec. 2. [Penalty.] Any person or persons guilty of
violating the provisions of section one of this act, shall be fined not less

LAWS RELATING TO AGRICULTURE. 281

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.

(7069^5) Sec. 1. [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 ci
any other person, corporation, company, association, or the agent thereof,
to sell for such vendee any grain, seed or cereals at a ficticious price, oi
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, know-
ing the same to have been obtained as the whole or part consideration
of the sale or transfer to the maker, indorser, guarantor 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 su^h 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 considera-
tion 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 more
than twice the market price of such grain, seed or cereals, shall be im-
prisoned 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.

(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 dealer, manu-
facturing corporation, company or their agent selling or offering 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 dollars, and shall
stand committed until the fine and costs are paid.

(7270-3) Sec 2. [Labeling of "soaked" goods and cans of ma-
ple 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

282 LAWS RELATING TO AGRICULTURE.

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.

(7076-1) Sec. 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 im-
proving the breed of Jersey cattle a certificate of registration of any
animal in the herd register or other register of any such club, associa-
tion, society, or company, cr 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 such fine and imprisonment.

(7076-2) Sec. 2. [Venue.] The crime shall be deemed com-
pleted and every such person shall be prosecuted either in the county
in which such certificate of registration or transfer has been obtained
or in the county where such false pretense has been made.

(7076-3) Sec. 3. [False pedigree or certificate of sale of stock;
penalty.] Any person who shall knowingly and wilfully furnish or
[to] give a purchaser of any animal any false pedigree or any false certi-
ficate 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 else-
where, shall upon conviction thereof, be punished by fine in any sum
not less than twenty-five nor more than five hundred dollars or b*
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.

Agricultural Experiment Station

Agricultural Experiment Station Appointed; Board of Con-
trol; Governor Ex-OMcio Member of the Board

When Board to be Called Together, and How to be Organ-
ized

Annual Meeting of the Board

Board of Control Required to Locate Station, Appoint Di-
rector, and Make Rules for Government; Board of Con-
trol to Make Annual Report to Governor

Salary of the Director and Expense of Members of Board of
Control

For Extermination of San Jose Scale, etc

Board of Control to Cause to be Exterminated Dangerous
Insects and Plant Diseases

Examination of Orchards, Gardens, etc

As to Plants Shipped Into this State

Penalty for Violation of this Act

Annual Report of Board to Governor

Act Does not Apply to Greenhouses

Disposition of Moneys Received

Appropriation for Use of Board

BICYCLES.

SlDEPATHS —

Board of Sidepath Commissioners

Power to Construct and Maintain Sidepaths

License Upon Bicycles

License Fees to be Paid to County Treasurer

Disposition of Fees

Penalty for Wrongful Use of Path

Obstructing, Destroying, etc., of Path

Speed Upon Path

Sidepaths Heretofore Constructed to be Placed Under

Control of Sidepath Commissioners

May Remove Tree Limbs , etc

Penalties

Security for Appearance in Court

Notice

Wrongful Taking of Bicycle, etc., with Intent to Injure

Same

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

BRIDGES.

Commissioners Shall Construct and Repair Bridges, Ex-
cept , etc

Approaches to Such Bridges Shall be Made by Commission-
ers , Except , etc

Commissioners of Two or More Counties M^y Build Bridges

Near County Line, etc

(283)

SECTION.

(409-1)

(409-3)

(409-4)

(409-5)

PAGE.

8

(409-6)

8

(4446-7)

78

(4446^8)

78

(4446-9)

79

(4446-10)

80

(4446-11)

81

(4446-12)

SI

(4446-13)

81

(4446-14)

81

(4446-15)

81

4935-3

253

4935-4

254

4935-5

254

4935-6

254

4935-7

255

4935-8

255

4935-9

255

4935-10

255

4935-11

255

4935-12

255

4935-13

255

4935-14

255

4935-15

256

6854a

266

68546

26«

6854c

266

6854rf

267

0854*

267

8m

11

8C1

12

m

12

284

INDEX.

SECTION.

Commissioners Shall Bring Suit in Certain Cases for Injuries

to Bridges , etc 863

A Bridge to Replace one Destroyed May be Located Else-
where 864

Authority for Straightening Creeks or Watercourses 865

Petition Shall be First Filed Therefor, and What it Shall

Contain 866

Viewer Shall be Appointed, Who Shall Report : 867

If Report Favorable Work Shall be Advertised and Let to

Lowest Bidder, etc 868

Costs and Expenses Shall be Paid Out of Bridge Fund 869

County Commissioners to Butfd Bridges Over Canals 4936

Swing Bridges May be Built Over Canals 4937

Commissioners Must Build Bridges in Certain Cities and

Villages 4 98

Joint County and Railroad Bridges 4939

Construction of Approaches to County Bridges; Purchase
of Materials; Appropriation of Materials; Lighting of

Bridges; Duty of Township Trustees 4010

They May Purchase Toll Bridge 4941

Guard Rails on County Bridge; Hedge Fences (4941-1)

How Paid for (4041-2)

Penalty ' (4041-3)

County Commissioners May Purchase Toll Bridge 4941a

Right to. Bridge Forfeited 49416

Bonds May Issue Therefor 4042

And Levy Tax to Pay Same 4043

Must Put Up Caution Notices 4044

Arrest of Certain Persons on View Authorized 4946

How Prosecuted 41 >46

12

12
13

13
13

13

13

256

256

256
5K7

kS i

257
257
258
258

258

259
259
269

259

25! »

COMMERCIAL FERTILIZERS.

How Package Containing Commercial Fertilizer to be Marked 4446a

Person Offering Same for Sale to Deposit Sample with Sec-
retary State Board of Agriculture

Manufacturer, Importer, or Agent to Pay License

Analysis to be Made by Secretary State Board of Agriculture.

Secretary to Publish, Annually, Report of Analysis Made
and Fees Received

Persons Selling Without Complying with Foregoing Pro-
visions , How Punished

Where Suits to Recover Penalties May be Brought

Secretary of State Board of Agriculture May Select Samples
to be Analyzed

All Suits Under this Act to be Brought by Secretary State
Board of Agriculture

Fine and Imprisonment for Violation of Provisions of Fer-
tilizer Law

COMMISSIONERS OF FISH AND GAME.

Appointment; Terms; Removals 406 3

Bond and Oath.... 4G6 3

No Compensation, but all Expenses to be Paid Them - 4(M! 3

Duties m 3

Appointment of Chief Warden: Special Wardens, etc too 3

Duty and Power of Said Wardens 409a 4

Seizure of Instruments Used for Unlawful Catching of Birds,

Fish and Game 4096 5

Proceedings for Condemnation and Forfeiture of Said In-
struments 409c 5

Final Jurisdiction 409d 6

Prima Facie Evidence of Guilt 409c 7

44106
4446c

4440a*

82
82
82

4446c

82

4 HOf
4440g

82
83

4440A

83

4446/

83

7(M»2

280

INDEX. 285

Birds and Game— ^ section. page.

Catching or Killing Birds, Destroying Eggs, etc 6960 275

Permits to Take Birds, etc., for Scientific Purposes 6960a 275

Hunting, Shooting, Trapping, etc 6961 276

Discharging Fire-arms on Lawns, etc 6962 276

Killing Wild Deer and Pheasants 6963 276

Unlawful Killing or Transportation of Quail, etc (6963-1) 277

Purchase, Sale or Possession of Certain Birds or Game.. 6964 277

Disturbing Pigeon Roosts, etc.; Sneak Boats 6965 278

Shooting or Hunting on Lands of Another Without

Permission 6966 278

Jurisdiction in Prosecutions : (6966-1) 278

Jurisdiction in Certain Cases (6966-2) 279

Ferrets Not to Be Used to Catch Rabbits 6967 279

COUNTY AGRICULTURAL SOCIETIES.

Organization 3697 30

For What Premiums May be Offered '. 3828 30

Must Publish a List of Awards, etc • m.j\) 31

County Societies Erected Into Corporations 3*00 31

Conveyances to Such Societies Declared Valid 3701 31

Commissioners May Assist Agricultural Societies in Pur-
chasing, etc., Sites for Fairs; Levy of Tax 3702 31

Submission of Question of Issuing Bonds to Liquidate Debt

of County Agricultural Society (3702-1) 31

Bonds; Levy (3702-2) 32

Proceeds Used in Liquidation of Debt (3702-3) 32

Money Raised for County Agricultural Societies Applied to

Purposes Intended by Act, Though Life of Act Expired. (3702^) 32
Commissioners in Certain Counties May Assist Agricultural
Societies in Purchasing, Leasing or Improving Site for

Fairs 3702a 33

Commissioners May Levy Tax for Encouragement of Agri-
cultural Fairs 37026 33

Payment m Anticipation of Levy 3702b 33

County Commissioners May Purchase Fair Grounds 3703 33

The Tax Must be Submitted to the Electors 3704 33

When Real Estate Vests in the County • BTG5 31

Insurance on Fair Ground Property 3705a 31

Societies May Sell and Purchase Other Sites 3706 35

How Conveyances to be Executed 3707 35

Society Cannot Incumber Its Grounds 3708 35

CROP AND STOCK SERVICE.
Crop and Stock Service Established (409-35) 11

CRUELTY TO ANIMALS, ETC.

''Ohio Humane Society"; Powers, etc., Representatives;

The Object of, etc

Other Societies Authorized

How Incorporated

May Elect Officers and Make Regulations

Societies to Prevent Cruelty to Animals May Appoint Agents

to Enforce Law

In Prosecutions for Adulteration of Food, etc.; For Cruelty

to Animals , etc •

Magistrates May Authorize Certain Inspections

Duties of Police Officer; Penalty.

Police Powers of Officers and Agents

Interpretation of Certain Words

Member May Require Police Officer to Act

A Person Guiltv is Liable in Damages

3714

39

3715

40

3716

40

3717

40

3718

40

3718a

41

3719

41

3719a

42

3720

42

3721

42

3722

42

3723

43

:286 index.

SECTION. PAGE.

Conviction of Agent no Bar to Action Against Principal.... 3724 43

Any Person May Protect an Animal from Neglect 3725 43

Animal May be Ordered Killed 3725a 43

Removal of Child from Possession of Parent by Officer of

Humane Society (3725-1) 43

Order of Probate Court Making General Agent of Society

Guardian of Child (3725-2) 43

Cruelty to Animals 6951 273

Dehorning of Cattle 6951 274

Disposition of Fines Collected 6951 274

Docking Tail of Horse; Penalty '. . . (6951-1) 274

Lawful Docking (6951-1) 274

Dog-fighting, Cock-fighting, etc.; Who Deemed Aiders and

Abettors 6952 274

DISEASES.

Transportation of Cholera-Infected Hogs (4211-6) 59

Liability of Violation (4211-7) 59

Common Carriers or Employes not Affected, etc (4211-8) 59

Board of Live Stock Commissioners (4211-9) 59

Duty as to Extirpating Diseases (4211-1$) 66

Bodies of Dead Animals (4211-11) 60

An Act to Suppress Dangerously Contagious Diseases of Ani-
mals; Expense of Quarantining Such Animals; Duty of

Sheriffs and Constables (4211-12) 60

Records of the Board; Their Report; Expenses; Compen-
sation . etc (4211-13) 61

Proclamation Prohibiting Importation of Diseased Live Stock (4211-15) 61

Appraisement and Killing of Diseased Animals (4211-16) 61

Compensation for Animals Destroyed (4211-17) 61

Appropriation to Pay Claims; How Made (4211-18) 62

The Driving of Cattfe frocn Certain States Forbidden During
Certain Months; Conveyance by Railway Forbidden, Ex-
cept (4211-19) 62

Unloading of Certain Cattle in Certain Months Forbidden,

Except (4211-20) 62

Penalty (4211-21) 02

Duty of Transportation Companies; Penalty for Violation of

Such Duty : (4211-22) 63

Prosecutions for Offenses Hereunder (4211-23) 63

Penalty for Selling or Failing to Keep Securely Isolated

Horses, etc. , Affected with Glanders. (4211-24) 63

Appraisal and Payment of Compensation in Case of De-
struction of Such Animals by Orcrer of Live Stock Com-
mission (4211-25) 63

Penalty for Suffering Sheep Affected with Scab to Run at

Large, or for Selling Same, Knowing, etc (4"J11-2j5) 63

Duties of Carriers and Owners of Stock Yards 4212 64

Selling Diseased Animals, Allowing Same to Run at Large

or Come in Contact with Other Animals , 6855 267

Importing Cattle Infected with Spanish Ferer 7003 280

DOGS.

Tax on Dogs 2833 22

When Dog to be Considered Property (4212-1) 64

When Dog May be Killed at any Time, etc. ; (4212-2) 64

Liability to Owner of Dog for Killing or Injury 4214 64

Damages for Sheep Killed or Injured by Dogs . 4215 65

Allowance by County Commissioners of Damages for Sheep

Killed by Dogs 4M5a 66

^ t-. DRAINAGE.

•County Ditches —

Ditches and Watercourses^ Commissioners May Con-
struct, etc 4447 83

INDEX. 287

County Ditches — Continued.

SECTION. PAGE.

83

84
84

Meaning of Word "Ditch , " etc 4443

When Ditch Benefits a Road ...... 4449

Application for County Ditch; Bond .' 4450

Montgomery County Commissioners Authorized to Pro-
tect Against Dangerous Waters (4450-1) 84

Petition What to Contain and Bond 4451 34

Notice of Filing of Petition, etc 4451a 84

Hearings by Commissioners 4452 35

When Commissioners Find Against Improvement...... 4453 85

Finding for Improvement: Survey and Plat 4454 35

Engineer Must Report Assessment, etc., of Cost of

Dftches 4455 ofi

What the Plat Shall Show '.'..'.'.'.'.'.'.'.'.'.'.'. 4456 , 86

Commissioners May Change Apportionment 4459 86

Apportionment of Assessment by Auditor, etc 4459a 86

Re-apportionment by County Commissioners 44596 87

Application for Compensation and Damages, etc 4460 87

Commissioners to Fix Compensation and Damages 4461 87

Exceptions Before Commissioners in Proceedings to Es-
tablish County Ditch 4462 88

Who May Appeal to the Probate Court, etc 4463 88

Hearing of Preliminary Questions 4464 89

When Jury to be Drawn and Venire 4465 89

How Panel to be Filled 4466 89

How Jury to be Sworn 4467 90

View by and Trial to the Jury 4468 90

Form of Verdict 4469 90

Transcript to be Sent to County Commissioners 4470 90

Costs Wlien Jury Find for Improvement 4472 90

Costs When Probate Court Confirms Assessment 4473 91

Several Appeals to be Tried Together 4474 91

Wrhen and How Commissioners to SelL Out Work 4475 91

Sale of Work When Cost is Estimated at $500 or More

per Mile 4475a 91

Providing for Inspection of Drain Tile (4475-1) 91

Sale, Bonds of Bidders, etc 4476 92

County Ditches; Supervision of Work, Payment of Con-
tractors 4477 92

When Contract for Ditch not Completed; Proceedings

in Case of Damages 4478 92

Commissioners to Make Assessments on Benefited Lands 4479 93

Assessments for County Ditches; How Collected, etc 4480 93

Assessments When County Bonds are to be Issued 4481 94

Form of Such Bonds 4482 94

A Municipal Corporation May Present a Petition 4483 94

Whole or Part of Municipality May be Considered a

Single Tract 4484 94

Notice of Municipal Authorities and Proceedings There-
after 4485 94

Penalties Against Officers for Neglect of Duty 4487 95

Application When Ditch in More than One County...'.. 4488 95

Joint County Ditches; Apportionment of Cost 4488a 95

When Change of Route is Authorized 4489 96

Collection of Taxes or Assessments not to be Enjoined. .. 4490 96

How far Proceedings may be Declared Void 4491 96

An Old Ditch may be Repaired in Same Proceeding 4492 97

When Township Trustees may Apply for Ditch 4493 97

Commissioners shall require Surveyor or Enganeer to give

Bond 4494 97

Commissioners may require Bridge or Culvert to be En-
larged 4495 97

Commissioners may Vacate a Ditch 4499 98

When Ditch becomes Public Watercourse 4500 98

General Levy for Ditch Fund. Proceedings when Com-
pensation ©r Damages Awarded, etc 4501 99

Duties ©f Commissioners when Awards are Made 4501a 99

Bonds, how Paid '. 4501fr 99

288 INDEX.

County Ditches — Concluded. section. page.

Township Levy for Ditch Purposes. . . .- 4502 99

When Board of Education May Levy to Pay Assessment. 4503 100

Auditor to Make Record of Ditch Proceedings 4504 100

Auditor to keep Ditch Accounts 4505 100

Fees and Costs 4506 100

How the Same to he Paid 4507 101

County Ditch Improvement Fund Created 4508 101

Penalties for Obstructing Ditches ; Duty of Commis-
sioners 4509 101

When County Commissioners may cause Ditch, etc., to be

Repaired , Expense , etc 4510 . 102

Ditch in More Than One County —

Duties of Commissioners as to Certain Ditches 4510-1 102

Proceedings on Failure to Agree or Pay 4510-2 103

Further Proceedings on Failure to Agree or Pay (4510-3) 104

Abandonment by Commissioners of Upper County (4510-4) 104

Compensation of Commission (4510-5) 104

Expense ; How Apportioned (4510-6) 104

Collection by Treasurer (4510-7) 105

Outlet may be Enlarged When Necessary (4510-8) 105

Duty of Township Trustees (4510-9) 105

Cleaning and Repairing (4510-10) 105

Cleaning, Repairing or Enlarging Joint County Ditch.... (4510-11) 105

Underground Drain —

Outlet for Underground Drain (4510-12) 106

Payment of Cost According to Benefits (4510-13) 106

Township Trustees to Locate Drain When Property Own-
ers Cannot Agree (4510-14) 106

Damage to Crops (4510-15) 107

Ditches Along Public Highways Shall be kept Open (4510-16) 107

Sink-holes may be Opened, etc * (4510-18) 107

Application for ; How Made (4510-19) 107

Commissioners or Trustees to Determine Whether Im-
provement Necessary (4510-20) 107

Proceedings if Finding for or Against, etc (4510-21) 108

Auditor or Clerk to fix Day for Hearing ; Notice (4510-22) 108

Public or Corporate Road to be Assessed if Benefited (4510-23) 109

Meeting for Hearing ; Proceedings (4510-24) 109

Report of Engineer May be Amended (4510-25) 109

Assessments According to Benefit (4510-26) 109

Compensation and Damages (4510-27) 109

Proceedings in Case of Appeal ; Public Sale of Work ;

Contracts and Bonds (4510-28) 109

Work; How Done and Paid for (4510-29) 110

Proceedings when Contract not Complied with (4510-30) 110

Compensation and Damages ; How Assessed (4510-31) 110

Tax ; How Collected and Accounted for (4510-32) 111

Levy not Void for Error (4510-33) 111

When Bonds Issue, Assessments for Costs and Interest

Must be Made ; Form of Bond (4510-34) 111

Proceedings When Ditch, Drain, etc., is Situated in

More than one County (4510-35) 112

Penalty for Failure to Perform Duty (4510-;).; ) 112

May Provide for Cleaning Ditch, Drain or Watercourse.. (4510-37) 112

Fees for Services, etc (4510-38) 112

Joint County Ditch, Between Counties of Ohio and Other States —

Joint Interstate County Ditches; Petition, etc (4510-59) 112

Notice by County Auditor (4510-40) 113

Meeting and Organization of Joint Board (4510-41) 113

Vote of Ohio Members (4510-12) 113

Adjournment for Lack of Quorum (4510-43) 113

INDEX. 289

Joint County Ditches, Etc.— Concluded. section page
View of Route Petitioned for; Finding for Improvement,

etc (451(M 1 ) 113

Power of Joint Board to Locate (4510-45) 114

Employment of Engineer to Determine Proper Route (4510-40) 114

Capacity of Improvement (4510-47) 114

Adjournments (4510-48) 114

Report of Finding and Proceedings (4510- }!» ) 1U

Engineers to Locate Ditch (4510-50) 114

Bond (4510-51) 114

Staking Improvement ; Grade Megs and Bench-marks. .. . (4510-52) 114

Plat and Profile ; Schedules; List of Lands Affected, etc. (4510-53) 115

Copy of Engineers' Report (4510-54 ) 115

Dutv of Auditor on Receipt of Report (451 (1-55 ) 115

Rules Governing Board (4510-56) 115

Amendment or Approval of Report ; Copv of Report ;

Called Meetings (4510-57) 115

Power to Enter upon Lands (4510-58) 1 15

Division of Costs Among Lands Affected (4510-59) 110

Further Proceedings ; Assessment of Lands not Contained

in Engineers' Report (4510-60) 116

Work Beyond State Limits (4510-61) 116

Fees (4510-02 ) 116

Claims for Compensation, Damages, etc (4510-63) 116

Joint Interstate County Ditches —

Joint Interstate County Ditches ; Commissioners may Enter

into Agreement for Construction (4510-64) 116

Improvement of Outlet of Ditch, etc., in this State (4510-65) 117

Terms of Agreement Set Forth on Commissioners'

Journal (4510-66) 117

Township Ditches —

Township Trustees may Establish Ditches.... 4511 118

Meaning of the Word "Ditch," etc 4512 118

The Trustees may Buy Blanks 4513 118

Petition for a Ditch and Proceedings Thereon 4514 118

Joint Township Ditches; Application; Surveyor's Report. 4514a 118

Notice to Land Owners of Filing Petition 4515 119

When Action May be Brought on Bond.; 4516 119

Proceeding Does not Abate by Death of Party 4517 120

Application for Compensation and Damages 4518 120

When Preliminary Steps have not been Taken 4519 120

Township Ditches ; Duties of Trustees, etc 4520 120

Township Ditches; How Compensation and Damages

Awarded 4521 120

More than one Channel May be Established 4522 121

May Order Riprapping to be Done 4623 121

Boxing or Tiling of Township Ditches 152 i 121

When and How Route may be Changed 1525 121

Ditch to be Divided into Sections 4526

Fees of Officers and Others 4527 122

Report of Trustees to Clerk 4528 122

Duties of the Clerk Thereon 152!) 122

Time to Complete Work may be Extended 4530

Flood-gates may be Ordered 453 1

How Obstructions may be Removed 4532

Appeals to the Probate Court 1:>'!;,>

Consolidation of Spearate Appeals, etc f J534

Notice to Land Owners J-»:i-'

Hearing of Preliminary Matters on Appeal 4536 123

Trial to Jury on Appeal f53 i

The Jury Mav View Premises 45 w

The Form of the Verdict [539 121

Proceedings on Return of the Verdict 1540

Fees and Costs and to Whom Taxed 4541 124

19 f. h. b.

290

INDEX.

Township Ditches— Concluded.

Judge to Make Transcript and Trustees to Meet

How Trustees to Proceed if no Appeal

At What Price Work may be Sold

Actions on Bonds and Re-sales of Work

Any Person Injured may have Action

When Assessments to be put on Duplicate

Costs When Verdict Against Apellant

Costs may be put on the Duplicate

When a Person Injured may Sue Trustees

Proceedings When Papers are Lost

Township Ditch may be Altered or Repaired by Trustees.

When Taxes or Assessments are not Void

Only Party Injured Can Have Relief

section:

PAGE.

4542

125

4543

125

4544

125

4545

125

4546

126

4547

126

4548

126

4541)

126

4550

126

4551

127

4552

127

4559

127

4560

127

DRIFT.
Removal of Drift —

Who May Remove Drift on Another's Land, and W'hen. . 4561

Commissioners May Remove Drift for Protection of Roads 4562

Application by Taxpayers Therefor 4563

Appointment of Viewers 4564

Report of Viewer and Proceedings Thereon 4565

Costs and Expenses to be Paid out of Bridge Fund : 4566

Commissioners May Remove Obstructions as a Sanitary

Measure 4567

Commissioners May Remove Certain Mill-dams as a Sani-
tary Measure 4567a

Applications for ; How Made ; Bond, etc 45676

Hearing; View of Premises; Report and Record of Find-
ing; Negotiations for Purchase and Removal 4567c

Application Therefor, and Bond 4568

Notice to Land Owners 4569

Hearing of Preliminary Matters 4570

Hearing on the Merits, and Proceedings Thereon. . 4571

Apportionment of the Work 4572

When Benefited Lands are in More th '. one County 4573

Petition and Notice in Such Case 4574

Notice of Appeal and Bond 4575

Transcript and the Filing Thereof 4576

Drawing the Jury , and Venire 45 tl

Notice of the Meeting of the Jury 4578

Hearing of Preliminary Matters 4579

Oath and Report of the Jury 4580

Proceedings on Report of the Jury. 4581

Proceedings When no Appeal is Taken 4582

Payment for Work Done 4583

Commissioners May Keep Channel Clear 4584

Cleaning and Repairing of Ditches and Watercourses —

Township Ditch Supervision (4584-1 )

Oath, Bond, etc (4584-2)

Supervisor to Re-divide all Ditches into Original Working

Sections (4584-3)

When Ditch Located in Two or More Townships (4584-4)

Upon Notice Duty of Owner, etc., to Clean out said Sec-
tion (4584-5)

When Parties Assessed Fail to Clean out Same (4584-6)

Sale of Work of Cleaning Ditch , etc (4584-7 )

All Costs to be Collected by County Treasurer (4584-8)

Township Ditch Fund (4584-9)

- Compensation to Ditch Supervisor (4584-10)

Act not to Apply to Tiled Ditch (4584-11)

Owner Must Keep Ditch free of Fallen Timber, etc (4584-12)

127

128
128
128
128
128

128

128
129

129
131
131
131
131
131
132
132
132
132
132
133
133
133
133
133
134
134

134
134

134
134

135
135
135
135
135
136
136
136

SECTION.

PAGE.

6627

266

6628

259

6629

260

6630

260

6631

260

6632

261

6633

261

6634

261

6635

ME

6636

262

6637

262

6638

263

6639

263

6640

266

<i<;n

264

\m

2ft

6643

264

6644

264

6645

265

6646

:><;5

6647

m

6647a

265

INDEX. 291

ESTRAYS AND DRIFTS.

Who May take up Estrays, and When not to be Taken up. . . .

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

Sale and Adjustment, etc., of Proceeds, etc

And How Collected, etc.; and When to be Paid to the Owner
of the Stray

Penalty, etc., for Working, Selling, Abusing, etc.. Strays...

Stallion Deemed a Stray, etc., may be Gelded

Boat , Raft , etc. , Adrift may be Taken up , etc

Its Record, Disposition, etc., and Fees of Justice and Clerk. .

How Owner of Drift may Reclaim it

When Drift Shall Vest in Taker-up, and What Sold and How

Township Treasurers to Deliver Money, Books, etc., to Suc-
cessors

Justice's Stray-Book; to Deliver it to Successor, etc

Penalty for Neglect of Duty, etc

In Name of Trustees ,

Pees of Freeholders

Abandoned or Stolen Property ; How Disposed of

FAIRS AND FAIR GROUNDS.

Justices of the Peace may Appoint Special Constables 3710 36

Powers of Such Constables 3711 36

Duties of Certain Officers to Suppress Sale of Liquor at Fairs. 3712 36

How Articles Seized to be Disposed of , 3713 36

Trespass (3713-7) 38

Penalty Therefor (3713-8) 38

Prosecutions Hereunder (3713-9) 38

Proceedings for Appropriation of Lands for Enlargement of

Fair Grounds (3713-10) 38

Board of Directors to Prosecute Proceedings (3713-11) 39

Fraudulent Entry of Horse in Contest of Speed (4221-7) 66

Penalty (4221-8) 66

Change of Name for Purpose of Entry (4221-9) 66

Class Determined by Performance (4221-10) 67

Cheating by False Pretense (4221-11) 67

Penalty (4221-12) 67

Setting up Obstruction on Public Sidewalk 6884 271

Prohibiting Sale of Intoxicating Liquors and Keeping of

Houses of Ill-Fame at Certain Places ; Abatement as

Nuisance 6946 273

Exhibitions and Temporary Business at Fairs Prohibited 7006 280

FARMERS' INSTITUTES.

When Farmers' Institute Society Deemed Body Corporate (3713-1) 36

Number, Times and Places of Annual Meetings (3713-2) 37

County Pavments to Societies and State Board of Agriculture. (3713-3) 37
Societv's Statement of Expenses ; What Secretary's Certificate

to Indicate • (3713-4) 37

Lectures at Annual Meetings (3713-5) 83

Publication and Distribution of Lectures and Papers (3713-6) 37

292 INDEX.

FARM LABORERS' ASSOCIATIONS.

SECTION. PAGE.

Farm Laborers' Associations 3843 44

What Investment it may Make 3844 44

Must Report to Attorney-General 3845 44

Consolidation of Two Associations 3846 44

Attorney-General to Report Annually 3847 44

May Maintain Libraries, etc 3848 45

FENCES.

How Expenses of Making Partition Fence Adjusted 4239 67

Barbed Wire Partition Fence; Penalty 4239a 67

Who to Keep Partition Fences in Repair; Live Fences 4240 67

Requiring the Cutting of Briers, Thistles, etc., Along Parti-
tion Fences (4240-1) 68

Notice to Land Owner Failing to Cut Noxious Weeds, and

Duties of Township Trustees in the Premises (4240-2) 68

Cost of Work ; How Collected and Paid (4240-3) 68

Anticipating Such Cost (4240^) 68

Trustees' Fees (4240-5) 68

When Party Entitled to Remove his Share of Partition Fence. 4241 68
Duty and Power of Township Trustees in Respect to Contro-
versies about Partition Fences ; Assignment of Fence to
be Constructed or Kept in Repair by Each Party; How

Made 4242 69

Partition Fence Where Division Line in Stream 4242a 60

Building of Partition Fence and Collection and Payment of

Cost When Either Party Fails to Comply with Assignment 4243 69

When and How Re-assignment may be Had 4244 70

Jurisdiction of Trustees Where Partition Fence on Township

Line 4245 70

Where Suit to be Brought Relating to Fence on Township or

County Line 4246 70

Where Suit to be Brought When Fence Wholly Within Town-
ship 4247 71

Remedies Provided not Cumulative 4248 71

Penalty Against Trustee for Neglect 4249 71

How Damage by Trespassing Animals, on Account of Failure

to Repair Partition Fence, Recovered 42&0 71

Liability of Owner of Trespassing Animal for Damages 4251 71

How Hedo-e Fence Regulated \ . . . 4252 72

Size of Hedge Fence Restricted • 4253 72

Penalty for the Violation of Provisions with Respect to Hedge

Fence 4254 72

Where Actions with Respect to Hedge Fence to be Brought. . 4255 72

FOOD AND DAIRY COMMISSIONER.

Ohio Dairy and Food Commissioner; Salary and Expenses. . (409-7) 9

General Duties of Himself and of His Assistants (409-8) 9

Powers ; Prosecutions (409-9) 9

Assistant Commissioners, Experts, etc (409-10) 9

Bond (409-13) 10

Commissioner's Clerk (409-14) 10

FORESTRY.

State Forestry Bureau (409-15) 10

Duties of the Bureau, etc (409-16) 10

Annual Report (409-17) 11

Appropriation for Expenses (409-18) 11

Expenditures , ?> . (409-19) 11

INDEX. 293

FRAUDS.

SECTION. PAGE.

Penalty for Misrepresenting Pedigree of Stallion or Jack (3213-1) 26

Penalty for Vending Impure Seed TOUl 280

Unlawful Sale of Certain Kinds of Wool (7069-&) 280

Penalty (7009-4)

Fraud in Sale of Grain, Seed, etc.; Negotiation of Notes Ob-
tained by Such Fraud ; Penalty (7009-5) 28 1

Labeling of Binding Twine (7072-1) 281

Labeling of "Soaked" Goods and Cans of Maple Molasses (7072-3) 231

Unlawful Obtaining of Registry or Transfer in Any Herd

Book ; Penalty (7076-1) 282

Venue (7076-2) 282

False Pedigree or Certificate of Sale of Stock (7076-3) 282

HIGHWAYS.

Labor Upon Highways —

Labor Upon Highways Within Road District; Who Li-
able ; Exemptions (2664-4) 14

Commutation (2664-5) 15

Ordering Out of Persons Liable ; Penalty (2664-6) 15

Non-exemption Against Execution ; Costs in Certain Case (2664-7) 15
Non-release by Neglect to Order Out, Directions Govern-
ing Time of Performance (2664-8) 15

Production or Non-production of Certificate in Case of

Removal (2664-9) 15

Appearance with Required Implements, etc (2664-10) 16

Residence (2664-11) 16

Collection of Fines, etc (2664-12) 16

Expenditures and Accounts; List of Those Ordered Out

and Those Delinquent, etc (2664—13) 16

Transfer of Money ; Receipt ; Executions on Unpaid Judg-
ments ; Expenditure of Proceeds (2664-14) 17

Levying Taxes, Liens, Etc. —

Commissioners to Determine Annually Amount to be

Levied 2822 17

Levy for "State and County Road Improvement Fund"... 2822-1 17

Improvement of State and County Roads 2822-2 17

Surveys, Profiles, Estimates and Specifications 2822-3 17

Bids ; Letting of Contract 2822-4 18

Levy of Taxes for County Road and Bridge Purposes. . . . 2824 18

Township Taxes ; When and How Made 2827 20

Authorizing Trustees of Certain Townships to Levy a

Road Tax (2827-1) 20

Labor on Public Highways, etc 2830 21

Lien Upon Railroad, etc.; for Labor or Material Fur-
nished (3231-1) 27

How Lien Obtained (3231-2) 27

Bond; When Injunction may Issue (3231-3) 27

Engineer to Make Measurements, Estimates, etc (3231-4) 28

Penalty (3231-5) 28

State Roads —

How State Roads Laid Out and Width 4615 145

Petition for ;. What to Contain 4616 145

Commissioners to View and Survey Proposed Road 4617 145

Bonds to be Given 4618 145

Duties of County Commissioners 4619 145

Route of Road, etc 4620 145

Duties of Road Commissioners 4621 145

Notice by Advertisement 4622 146

Second Publication of Notice 4623 146

294

INDEX.

State Roads — Concluded. section.

Appointment of Officers to Assess Damages 4624

Payment of Damages 4025

Compensation of Commissioners, Employes, etc. 4026

Appeals 4027

The Jnry and its Proceedings '. 4028

Costs on Appeal 4029.

When Costs and Damages Paid by County 4030

When the Road Can be Established 4081

Fees and Costs 4032

How Width Reduced 4033

How Road Turned, Altered, Vacated, etc 4034

Alterations in State Roads Established 4035

Vacation by Non-user 4030

County Roads —

Width of County Roads 4037 ■

County Roads ; Power of Commissioners 4037-1

Damages, Costs and Expenses ; How Paid 403 (-2

Part of Expense May be Paid from Comity Treasury or

Improvement Fund 4037-3

Notice of Assessments 4037-4

Filing of Objections to Assessments 4037-5

Hearings by Equalizing Board 4037-0

Confirmation of Assessments 4037-7

Assessment upon Real Estate Subject to Life Estate 4037-8

Collection of Assessments 4037-9

Land not to be Taken until Damages are Paid 4037-10

Provisions of Statutes Which Shall Apply; Right of

Appeal 4037-11

Establishment or Alteration in Cuyahoga County 4037a

Assessments 4037b

Certification and Collection of Assessments 4637c

Portion Paid by County 4037t'

Notices of Assessments 4637 f

Objections to Assessments 4037g

Equalization of Assessments 4037/j

Confirmation 463.7 i

Laws Applicable 403 < j

'Widening and Alteration of Roads in Lorain County 4037&

Assessment of Compensation and Damages (4037/j-l)

Collection of Assessments (4037A--2)

Compensation, etc., May be Paid out of County Treasury. (4637fe-4j

Publication of Assessments (4037/t-5)

Objections to Assessments (403 < k-ti)

Hearing Objections (4037/^-7)

Confirmation of Assessments (4037/v,-8)

Application of Existing Statutes (4U37&-9)

The Petition and Bond 4038

Judgment for Costs and Suit on Bond 4039

What Petition to Contain 4040

Notice of Application 4041

Appointment of Viewers 4042

When Road Viewers Fail to Perform Duty a New Order

May Issue 4043

If Viewer Fails to Attend, How Another Appointed.... 4044

Notice to Land Owners 4045

Duties of Viewers 4040

When Compensation and Damages not to be Assessed. .. . 4047

Who May Administer Oath 4048

Duties of Surveyor, etc 4049

Duties of Commissioners on Report of View 4050

Report and Payment of Damages Accruing from Opening

of County Roads 4051

Review ; Amended Report 4651a

Application for and Proceedings on Review 4052

f-age.

146

140
147
147
147
147
148
148
148
14^
148
148
148

149
149
149

149
149
150
150
150
150
150
150

151
151
151
151
152
152
152
152
152
152
152
152
153
153
153
153
153
153
153
154
154
154
154
154

155
155
155
155
150
150
150
150

157
157

index. 295
County Roads — Concluded.

SECTION. PAGE.

Proceedings on Report of Reviewers 41 ;;,:>, 158

To Find the Line of a Road „ 4^54 153

Application to Turn Road 4(555 15g

Application to Change County Road ; Proceedings on Re-
port of Viewers 4656

Application for Road on County Line 4657 159

Proceedings on Viewers' Report 4658 159

How Width of Road on State Line Determined 4659 159

Application for Vacation 4661 159

Appointment and Report of Viewers 4662 159

Penalties Against Viewers and Surveyor 4663 160

Fees of Viewers, Markers, etc 4664 160

Repair of Roads Washed out , > . 4665 160

Application for Damages and Proceedings Thereon 4666 160

Fees under the Last Two Sections 4667 160

Road Vacated When Unopened for Seven Years 4668 161

Alterations Become Part of Road ; Parts Vacated 4669 161

Commissioners Must Mark Line of Road by Stone Monu-

_ ments • 4670 161

Cuyahoga County Additional Road Levy (4670-1) 161

Improvement of Such Roads (4670-2) 161

Purchase of Road (4670-3) 161

Assessment (4670-4) 162

Engineer ; Bond ; Surveys, etc. ; Compensation (4670-5) 162

Advertisement (4670-6) 162

Improvement of Certain Public Roads (4670-7) 162

Petition; Appointment of Viewers ; Duties (4670-8) 162

Finding for Improvement (4670-9) 163

How Improvement to be Made ; Appointment of Superin-
tendent, etc (4670-10) 163

Superintendent to Furnish Estimates (4670-11) 163

Bonds (4670-12) 163

To What Other Roads Provisions of Act Shall Apply (4670-13) 163

Petition for Improvement of Roads ; Duties of Commis-
sioners Thereafter (4670-14) 164

Appointment of Engineer (4670-15) 164

Contract to be Let to Lowest Bidder (4670-15) 164

Engineer to Make an Estimated Assessment (4670-16) 165

Objections to Assessment (4670-16) 165

Record of Proceedings to be Kept by Auditor (4670-17) 166

"Stone and Gravel Road Building Fund" (4670-18) 166

Bonds May be Issued (4670-19) 166

When Person Signs both Petition and Remonstrance (4670-20) 167

Township Roads —

Width of Township Roads 4671 167

Petition for Township Road and Notice 4672 167

Petition for Township Road ; Bond Required 4673 167

Appointment and Duties of Road Viewers 4674 168

Claims for Damages 4675 168

Report of Viewers 4676 168

Proceedings of Trustees on Report of Viewers of Town-
ship Road 4677 168

Repairs of Township Road and Costs 4678 169

When the Road is in Two Townships 4679 169

How Joint Board to Proceed 4680 169

Width of Road may be Changed 4681 169

Proceedings Therefor 4682 169

Vacation 4683 169

Alteration 4684 170

Proceedings Therefor 4685 170

Are Public Highways; Washington Township. Pickaway

County 4686 \ 170

Submission of Improvement Question to Electors of Town-
ship and Village Therein (4686-1) 170

Form of Proposition and Ballot ; Notice (4686-2) 170

296 INDEX.

Township Roads — Concluded. section. page.

Judges and Clerks of Election; Returns (4686-3) 170

Result of Negative Vote; Resubmission (4686-4) 171

Appointment, etc., of Commissioners; Vacancy; Desig-
nation of Improvements; Engineer's Selection and

Duties (4686-5) 171

Oath and Non-compensation of Commissioners; Com-
pensation of Engineer (4686-6) 171

Order of Improvement (4686-7) 171

Record; Account of Receipts and Expenditures (4686-8) 171

Award of Contracts (4686-&) 172

Specifications (4686-10) 172

Bond (4686-11) 172

Point Where Construction to Begin; Payment (4686-12) 172

Specifications (4686-13) 172

Free Turnpikes; Regulation of Tires (4686-14) 173

Employment, Pay, Oath, etc., of Superintendent of the

Improved Roads (4686-15) 173

Duties of Superintendents, Payment for Work, etc (4686-16) 173

Issue of Bonds (4686-17) 174

Annual Tax (4686-18) 174

Submission of Question of Increased Tax Levy 4686-18a 174

Certification and Collection of Tax (4686-19) 175

Provisions for Repairs (4686-20) 1T5

Annual Tax for Repairs (4686-21 ) 175

Duties and Fees of Township Treasurer (4686-22) J 75

Exemption . (4686-23) 175

Application of Cost Where Improvement made on As-
sessment Plan (4686-24) 175

Restrictions (4686-25) 176

Improvement of Dedicated Street, etc., by Township

Trustees; Appropriation of Real Estate Therefor.... (4686-26) 176

Proceedings for Appropriation (4686-27) 176

Compensation of Trustees; Assessments Upon Abutters;

Payment of Assessments, etc (4686-28) 176

Bonds (4686-29) 177

Levy for Improvement of Highways by Township

Trustees (4686-30) 177

Collection of Tax (4686-31) 177

Trustees to Determine Roads for Improvement (4686-32) 177

Letting of Work. (4686-33) 178

Notice by Publication; Contract to be Let to Lowest

Bidder; Bond (4686-34) 178

Overseer ; Compensation (4686-35) 178

Record (4686-35) 178

Duty of Clerk : Compensation (4686-35) 178

Expenses Paid from Road Fund (4686-36) 178

Roads Free; Repairs (4686-37) 179

Township Trustees May Create Township Into Road

District for Purpose of Improving Public Ways.... (4686-38) 179

May Borrow Money and Issue Bonds (46 6-39) 179

Limit of Issue (4686-39) 179

Question to be Submitted to Electors (4686-40) 179

Ballots for Election (4686-11) 180

Judges and Clerks of Election (4686^2) 180

Employment of Engineer; His Duties (4686-43) 180

Division of Improvement Into Working Sections (4686-44) 180

How Contract Made (4686-45) 181

How Payments to be Made (4686-16) 181

Advertisement and Sale of Bonds (4686-47) 181

How Repairs to be Kept Up (4686-48) 181

Tax Levy (4686-49) 181

Supervisor of Improvement, Compensation (4686-50) 181

Appeals in Road Cases —

When Order to Open Road May be Executed 4687 181

Who May Appeal to Probate Court 4688 182

Appeal Bond 4689 182

INDEX.

297

Appeals in Road Cases — Concluded.

Auditor to Transmit Papers to Court ,

When Court May Affirm or Set Aside Proceedings.

The Order to Viewers

When the Court Must Confirm Proceedings

When Review May be Ordered

When Other Viewers, etc., May be Appointed

Oath of Viewers , etc

Appeals from Township Trustees

Decision of Court Certified to Trustees

Appeals by Claimant of Damages

Proceedings on Such Appeal

Notice to Appellants and Obligors

Challenges, Talesmen, and Oath of Jurors

Conduct of the Trial

Trial by Jury After Assessment in Court

W7hen Claimant to Pay Costs

County Paying Costs for Defendant

Judgments Therefor to be in Favor of State

Court to Make Complete Record

When Auditor to Make Record and Its Effect

When Commissioners May Pay Damages

When Auditor Shall Issue Order and Its Effect

Proceedings of Commissioners on Transcript

Proceedings of Trustees on Transcript

Decision of Court Reviewable on Error

Fees of Officers and Others

SECTION.
4690
4691
4692
4693
4694
4695
4696
4697
4698
4699
4700
4701
4702
4703
4704
4705
4705
4706
4707
4708
4709
4710
4711
4712
4713
4714

PAGE.
182

182
182
183
183
183
183
183
184
184
184
184
185
185
185
185
185
186
186
186
186
186
186
187
187
187

Supervisors and Road Work —

Duties and Powers of Supervisors

Unlawful Making of Open Ditches Along Highway;
Penalty

Further Powers of Supervisors

Road Taxes in Highland County-; How May be Worked
Out

Penalty for Non-compliance with Provisions of this Act.

Road Beds to be Leveled off

Destruction of Brush, Briers, Weeds, etc., on High-
ways

Drift Against Bridges, Ditches or Culverts to be Re-
moved

Destruction of Canada or Russian Thistles, Wild_Let-
tuce or Wild Mustard Growing on Lands in Town-
ships

Destruction of Canada and Common Thistles and Other
Noxious Weeds Within Cities and Villages

Compensation of Township Trustees; Penalty for not
Performing Duties; Disposition of Fines

Destruction of Russian Thistles on Lands in Townships.

Destruction of Russian Thistles Growing on Public High-
way or Right of Way of Railroad Company

Trustees or Road Supervisor May Construct Footwalk,
Foot Bridge, etc., Upon Petition

Guide Boards to be Erected

Trustees to Furnish Tools, Machinery and Implements.

Watering Places May be Provided

Additiosal Road Tax

Rate of Such Levy to be Published

Tax to be Certified to Supervisors

Passways May be Constructed

Vacancies in Office of Supervisor; How Filled

. Penalties Against Supervisors

Supervisors wot to Work Out Road Tax Other than Their
Own

Only Public Roads to be Worked

Certificates for Timber, etc., Taken for Road

How Paid

4715

187

4715a

187

4716

188

(4716-1)

188

(4716-2)

188

4729

188

4730

188

4731

189

4732

190

4732<j

190

4732&

191

4732c

191

4732d

192

4733

192

4734

192

4735

192

4736

193

4737

193

4738

193

4739

193

4740

193

4741

194

4742

194

(4742-1)

194

4743

194

4744

194

4745

194

298 INDEX.

Supervisors and Road Work — Concluded.

SECTION. PAGE..

When County Commissioners May Condemn Material for

Road Purposes (4745-1) 195

Findings May be Appealed From (4745-2 ) 195

Proceedings in Probate Court (4745-3) 195

How Notice Given (4745-4) 195

Costs; How Paid (4745-5) 196

Van Wert County; Tax for Road Repair Material )4745-6) 196

Bonds (4745-7) 196

Free Use of Material (4745-8) 196

Obstructions to be Removed 4746 196

Roads on State or Township Lines 4747 197

Highways Along State Line (4747-1) 197

By What Law County Commissioners Governed (4747-2) 197

Obstruction of Road by Railroad Agents 4*48 197

Company Liable for Fines Against Employes 4749 198

How Fires in Woods or Prairies Extinguished 4750 198

Penalties for -Refusal to Assist 4751 198

Bridges Over Mill-races 4752 198

Mill-races Across Roads 4753 198

Notice to be Given of Intention to Construct Mill-race. . 4754 199

Trustees May Authorize Improvement of Certain Roads. 4755 199

Expense of Improvement to be Credited on Road Tax. . , 4756 199

Material for Improvement of Public Roads ' 4757 200

Road Districts —

Organiaztion of Road Districts; How Governed and Con-
trolled (4757-1) 200

How Districts Created (4757t-2) 200

Submission of Question of Improving Roads (4757-3) 301

Form of Ballot (4757-3) 201

Notice of Election (4757-3) 201

Appointment of Judges and Clerks; Returns; Compensa-
tion (4757-4) 201

Canvass of Votes (4757-4) 201

Effect of Negative Vote; Resubmission of Question (4757-5) 301

Effect of Affirmative Vote ; Designation of Roads for

Improvement (4757-6) 201

Term of Office of Commissioners; Oath; Compensation,

etc -:... (4757-7) 202

Selection of Roads for Improvement (4757-8) 202

County Auditor Ex-OMcio Member (4757-9) 202

Record Kept by Commissioners; Payments for Improve-
ment (4757-9) 202

Work of Construction Let on Bids; Notice (4757-10) ' 203

Division of Roads Into Sections for Purpose of Sale of

Work (4757-11) 203

What Required of Bidders (4757-11) 203

Contractor's Bond , (4757-12) 203

Superintendent of Construction; Compensation (4757-13) 203

Roads Improved to be Free Turnpikes; Width of Im-
proved Road; Trustees May Regulate Width of Tires. (4757-14) 203

Oath and Bond of Superintendent and Engineer (4757-15) 204

Bonds (4757-16) 204

Levy to Provide Payment of Improvement and Redemp-
tion of Bonds (4757-17) 204

Commissioners to Certify Levy to County Auditor (4757-18) 204

Repair of Roads (4757-19) 204

• Receipt and Disbursement of Moneys (4757-20) 205

Duty of Prosecuting Attorney (4757-21) 205

Turnpikes —

When and Where Commissioners May Build Turnpikes;
Repairs by Commissioners of Streets in Municipali-
ties

The Manner in Wrhich the Road Must be Constructed. .

Powers of County Commissioners

4758

205

475!)

205

4760

205

INDEX. 299
Turnpikes — Concluded.

^ r~'i- * * SECTION. PAGE.

Compensation; Piling Amount to Save Costs; Locating

Over Other Roads 47U1 206

County Commissioners May Require Donations 4762 206

Question of General Tax for Turnpikes Must be Submit-
ted to Electors 47tj3 206

Conduct of the Election 4764 207

Question May be Again Submitted 4765 207

Effect of an Affirmative Vote 17<;i; jjjfl

When an Assessment May be Made 4767 207

When a Tax May be Levied and How Much. . . 4768 208

Restriction of the Levy; County Bonds May be Issued.. 4769 ^^

Records to be Kept, and How Payments Made 4770 208

Letting the Work 4771 208

Payments to be Made on Estimates 4772 208

Compensation of Viewers, etc.... 4773 889

Construction of Free Turnpikes by County Commis-
sioners (4773-1) 209

Security for Cost; Order of Commissioners (4773-2) 209

Rights of Way; How Obtained (4773-3) 209

What Laws Apply to Construction of Such Turnpikes... (4773-4) 210

Levy to Pay Cost of Construction; Bonds (4773-5) 210

One-mile Assessment Pikes —

Petition for Free Turnpike and Notice of Application... 4774 210

Appointment of Road Commissioners 4775 210

Road to be Laid Out, and Returns to County Commis-
sioners 4776 211

Levy of Taxes to Construct and Repair One-mile Assess-
ment Pikes 4777 211

Abatement of Taxes 4778 211

Collection of Tax; Definitions 4779 211

Bond and Oath of Road Commissioners 4780 211

Powers and Duties of Road Commissioners 4781 212

Further Powers of Such Commissioners 4782 212

Assessment of Damages for Material Taken, etc 4783 212

Appeal from the Assessment 4784 212

Road Commissioners May Sell Donated Land 4785 212

Upon What Property Taxes to be Assessed 4786 212

No Division of Territory or Taxation to be Made 4787 213

How Township Road Tax and Labor Applied 4788 213

When Trustees Fail to Apportion Road Labor 4789 213

When Road Work to be Done 4790 213

Road Tax Paid Into County Treasury to be Refunded... 47!>1 818

Road Commissioners to Make Annual Settlement 4792 214

Settlement to be Enforced by Action 4793 -214

Duplicate is Prima Facie Evidence 4794 214

The Road Commissioners are a Body Corporate 4705 214

One-mile Assessment Pike Must be Accepted by County

Commissioners 4796 214

Pay of Officers and Vacancies 475)7 214

Certain Expenses to be Paid by County 47! »K 215

Who May Sign Petitions 47S9 215

One-mile Assessment Pike: Bridges: Material for Re-
pairs 4800 215

How Road May be Made Toll Road 215

How Location of Road May be Changed 4802 W5

How Claims for Damages May be Settled 4803 216

When Petitioners Reside in Different Counties 4804 21 fi

Proceedings on Such Petition 4805 216

Petition for Road on County Line 4806 216

The Line of a State, County or Township Road May

be Occupied 4807 21.

Road Commissioners May Issue Bonds Therefor 4808 81 i

How Two or More Roads May be Consolidated 4809 JIT

How Existing Levies to be Applied 4810 211

Commissioners of Consolidated Road to Have Charge

of all Property 4811 218

300

INDEX.

One-Miee Assessment Pikes — Concluded. section

Free Turnpikes: Completion of 4812

One-mile Assessment Pikes; When Commissioners May

Issue New Bonds 4812a

Certificates of Labor Receivable for Road Tax 4813

Unpaid Indebtedness of Free Turnpike Road Company.. 4814

Taxation to Pay Same 4815

When Different Rates Have Been Authorized 4816

Payment of Such Indebtedness , 4817

Special Taxes to be Applied to Debts 4818

Road May be Transferred to Turnpike Company 4819

Taxpayers to Have Stock 4820

Toll-gates and Toll 4821

Elections cf Directors 4822

Villages May Assist in Constructing Such Roads, and

May Issue Bonds 4823

Tax to be Submitted to Electors 4824

When Road May be Extended to Village 4825

Time for Construction Extended and County to Pay for

Bridges 4826

Road Commissioners to Make Final Report 4827

Vacation of Free Turnpike Road 4828

Two-Mile Assessment Pikes —

County Commissioners may Construct or Improve Roads;

Vacation of Roads 4829

County Commissioners may Improve Unfinished Turnpike

or Plank Road 4830

Two-Mile Assessment Pikes ; Petition for Improvement

of; Viewers; How Appointed, and Duties of; Proviso 4831

Notice and Publication 4832

Duties of Viewers and Surveyor 4833

Appeal from Assessment 4834

• Report of Viewers to Commissioners 4835

Proceedings When Report of Viewers of Two-Mile As-
sessment Pike is Filed 4836

Commissioners of Lucas County may Order Roads

Improved ; Expense, how Ordered to be Paid 4836a

Appointment and Removal of Engineer; Plans, Profiles,

etc. ; Letting of the Work 4836b

Estimated Assessment of Expenses; Objections Thereto;
Equalizing Board, Its Powers and Duties; Assess-
ment of Life Estates 4836c

Records and Accounts; Filing of Profiles, Plats, etc.;

Expenditure of Money 4836a7

When Certain Provisions Shall not Apply to Improve-
ments Made Under this Act 4836c

General Tax Levies for Construction and Repair of Im-
proved Roads ; Proceeds of Levies 4806/

Issue of Bonds for Construction and Repair of Improved

Roads 4836g

Commissioners of Lucas County; Bonds for Repair of

Roads . 4836/*

Commissioners in Lucas County may Construct Road

Without Assessment Upon Private Property 4836 i

When Remonstrant Bound for Costs 4837

Applicability of Certain Statutes to Ashtabula, Licking,
Wood, Holmes. Medina, Ottawa and Wyandot Coun-
ties ; Portion of Cost to be Paid by County (4837-1)

All Other Sections Relating to Two-Mile Assessment

Pikes to be in Force (4837-2)

Changes in the Improvement and Assessments Authorized 4838

How Proceedings Abandoned before Contract 4839

How Abandoned after Contract 4840

Engineer to be Appointed to Make Contract for Improve-
ment of Two- Mile Assessment Pike 4841

PAGE.

218

218
218
218
219
219
219
219
219
220
220
220

220
220
220

221
221
221

221

221

222
222
222
222
222

223

223

224

224

225

225

226

227

227

227
228

228

228
229
229
229

229

INDEX.

801

Two-Mile Assessment Pikes — Concluded.

Commissioners to Apportion Estimated Expense of Im-
proving Free Turnpikes. . .

Notice and Proceedings on Report

Proceedings on a Re-reference

Assessment may be Increased or Diminished

Commissioners may Issue Bonds to Meet Expenses of
Road Improvements

When Assessment is Insufficient

How Excess of Assessments on Two-Mile Turnipkes Dis-
tributed

Compensation and Fees

Cities and Villages may Assist in Constructing Improved
Road

Cities in Adjoining County may Aid

Plats, Profiles and Surveys to be Preserved

Commissioners may Receive Donations, and Contract for
Material

Appointment of Appraisers of Material

Their Duties and Their Award

Affirmance of the Award

Appeals to the Common Pleas

When the Board is in More than One County

Appeals in Such Cases

Assessments for Two-Mile Assessment Pikes, how En-
forced; Issue of Bonds to the Amount of Delin-
quencies

Improved Roads may be Surrendered to County Commis-
sioners

County may Purchase Roads

Who may Take Advantage of Errors

How far Proceedings may be Declared Void

Converting Toll Roads —

Owners may Propose to Commissioners to Sell Toll Road.

Appraisement of the Road and Bridges

The Commissioners may Propose to Buy

Company may Accept Proposal

Petition of Land Owners for Purchase

County to Pay for Bridges

How Assessments Made

How Put in Proper Condition and Kept in Repair

Fees of Officers and Others

Owners of Certain Roads may Sell the Same

To be a Free Road

Repair of Improved Roads —

Improved Roads to be Repaired

Townships in Certain Counties Made Road Districts

Certain Repairs in Pickaway County

Auditor to Give Notice to Township Clerk

Township Trustees Charged With the Repair of Improved

Roads

Trustees may Assign Roads to Supervisors

Trustees to Report Annually to Commissioners

Trustees Shall Set off Persons and Districts for Repair of

Roads ; Labor on Roads , etc

County Commissioners may Levy Additional Tax for

Road Purposes

Road Districts Created in Champaign County

Notices by Auditor

Township Trustees to Appoint Road Superintendents on

Receipt of Notice !

Oath, etc., of Road Superintendents

Powers and Duties of Superintendents

Penalty for Violation by Superintendent

SECTION.

PAGE.

4842

230

4843

230

4844

230

4845

230

1846

230

4847

381

4848

231

4849

•j:n

4850

231

4851

2%>

4852

232

4853

232

4854

232

4855

232

4851 i

232

4867

233

4858

233

4859

234

4800

234

4861

234

4862

235

4863

235

4864

235

4865

235

4866

235

4867

236

4868

23i ;

4869

236

4870

236

4871

236

4872

236

4873 '

237

4874

237

4875

237

4870

237

4889

237

4889a

237

4890

237

4891

237

4892

238

4893

238

4894

238

4895

238

4895a.

239

48956

4895r

239

4895d

239

4895e

239

4895 f

240

302

INDEX.

Repair of Improved Roads — Concluded. section.

Levy of Tax , 4895c;

Repair of Culverts and Bridges . 4895/;

Office of Road Supervisor Abolished, etc 4895 i

Issue of Certificates of Indebtedness, and Levy of Tax. . . . 4895J

In Certain Other Counties 4896

Board of Turnpike Directors 4897

.Duties of Directors of Improved Roads 4898

May Contract for Labor and Material 4899

Appeal From Assessment of Damages 4900

General Levy for Repairs 4901

Township Trustees to Apportion Road Labor 4902

Compensation of Directors and Others 4903

. Regulation of Burdens on Improved Roads 4904

Penalties for Violation of Rules. 49o5

Parts of Roads in Cities and Villages to be Repaired 4906

Certain Funds Apportioned . . . 4907

Miscellaneous Provisions —

How Certain Roads may be Vacated 4908

Land May be Dedicated for Use as Public Highways 4908fr

Sidewalks Along Roads Authorized 49o9

Sidewalks Along Highways (4909-1)

Township Trustees May Borrow Money for Certain Pur-
poses; When Question of Issue Shall be Submitted

to Vote 4910

May Levy Tax to Pay Same , 491 1

When Commissioners May Transport Material by Rail. . . . 491 2

County Commissioners May Appropriate Certain Roads.. 491:)

What Roads may be Declared Abandoned, and When. .. . 4014

Petition to Have Same Declared Abandoned 4015

Notice, and Hearing on Petition 4910

Publication Against Non-residents 4917

Abandoned Toll Road to Become Free Road. 4918

Tax to Repair Damaged Highways 4919

Provisions of Preceding Inapplicable to Van Wert, De-
fiance and Paulding Counties 4919a

Such Tax may be Anticipated ; Contract to Improve Parts
of Road ; Certificate of Amount of Compensation

Due ; Rights of Holder of Certificate 4920

How Surplus of Tax to be Disposed of 4921

When Commissioners may Build Embankments 4922

When the Road Belongs to Adjoining Counties 4923

When Commissioners may Establish a Ferry 4924

When County Auditor may Levy Extra Roau Tax 4925

How Long Such Tax to Continue 4926

When Such Tax may be Levied in a Township 4927

Such Tax may be Paid in Labor 4928

Supervisors to Give Receipts 4929

Abatement of Tax of Him who Constructs Watering

Trough (4929-1)

Disbursement of Tax When Paid in Money 4930

National Road in Charge of County Commissioners 4931

Their Powers and Duties in Relation Thereto 4932

May Collect Toll Between 1 oil-Gates 49a3

Special Provision for Madison Countv 4934

Unfinished Portions of National Road. 4935

Road Records, How Restored ; Publication and Notice of;

Costs of, How Paid 4935a

Proceedings When Copies of Record, etc., are in Existence 4935b

County Roads 4935c

Conditions upon Which Mine and Quarry Operators Per-
mitted to Undermine or Cross Public Roads (4935-1)

Owner of Land Abutting on Public Road may Lay Pipe-
line for Water, etc., Within Line of Road (4935-2)

PAGE.

240
241
241
241
241
242
242
242
242
243
243
243
243
244
244
244

244
245
245
245

245

245
245
240
246
240
246
247
247
247

247

248
249
249
249
249
249
249
250
250
250

250
250
250
251
251
251
251

251
252
252

252

253

index. 303

Bicycle Sidepaths — . i«ju™„

SECTION. PAGE.

Board of Sidepath Commissioners 4!):;5-3 >:>:>,

Power to Construct and Maintain Sidepaths 4035-4 254

License upon Bicycles 4935-5 254

License Fees to be Paid to County Treasurer 4935-6 254

Disposition of Fees 4935-7 265

Penalty for Wrongful Use of Path 4935-8 255

Obstructing. Destroying, etc., of Path 4935-9 255

Speed Upon Path 4935-10 255

Sidepaths Heretofore Constructed to be Placed Under

Control of Sidepath Commissioners 4935-11 255

May Remove Tree Limbs, etc 4935-12 255

Penalties 4935-13 255

Security for Appearance in Court 4935-14 255

Notice 4935-15 256

HORSE THIEVES, SOCIETY FOR APPREHENSION OF, ETC.

Corporations for the Apprehension and Conviction of Horse

Thieves, etc (3705-11) 34

Seal, Constitution, Officers, etc ' (3705-12) 34

Assessments ; Indemnity for Losses ; Expenditures (3705-13) 34

Reimbursement of Expense by County (3705-14) 35

Township Societies for Detection of Horse Thieves and Other

Criminals 3709a 35

LANDS.

County Auditor to Take Possession of and Sell Escheated

Lands

Appraisal, Terms of Sale, and Deed

When Lands Sold, How Proceeds Disposed of

LEVEES.

Probate Court may Order Construction of Levees

Petition Therefor ; What to Contain, and Bond

Notice to Parties Interested

Applications for Damages

Hearing on Preliminary Matters

Hearing on the Merits and Proceedings Thereon. . . . %

Hearing of Application for Damages

Damages Must be Paid Before Final Order

The Final Order

How Assessments of Work to be Made

Costs and Statements for Parties

Meaning of the Word "Levee"

Changes in Route Authorized

When Another Viewer or Engineer Appointed

When Riprapping to be Done

Court mav Order Construction of Flood-gate, etc

Assessments for Operating Expenses of Flood-gate, etc

County Levee Committee; Appointment; Term; Vacancy

Contracts

The Jurv and Venire

Impaneling Jury and Form of Verdict

Trial to the Jury

Proceedings on the Verdict

Fees and Costs

Court may Correct Errors .etc

When Proceedings to be Dismissed

Repair of Levees

When Levee Intersects Another Levee

Proceedings When Levee Benefits a Road

4183

45

4184

45

4185

46

4585

136

4586

137

4587

137

4588

137

4589

137

4590

137

4591

138

4592

138

4593

138

4594

138

4595

138

4596

139

4597

139

4598

139

4599

139

4599a

139

45996

139

4599c

139

4599</

140

4600

141

4601

141

4602

141

4603

141

4004

142

4605

112

4606

142

4607

142

4608

143

4609

143

304 INDEX.

SECTION. PAGE.

The Sale of the Work 4610 143

When Assessment to go on Duplicate 4611 143

Person Materially Affected may Complain of Error 461:2 144

And may Have Relief 4613 144

When and How Township Trustees may Establish Levees. .. . 4614 ' 144

LEVYING TAXES.
County Taxes —

Commissioners to Determine Annually Amount to be

Levied and Amount for Each Purpose 2822 17

Levy for "State and County Road Improvement Fund". . . . 2822-1 17

Improvement of State and County Roads 2822-2 17

Surveys, Profiles, Estimates and Specifications 2822-3 17

Bids; Letting of contract 2822-4 18

Levy of Taxes for County Road and Bridge Purposes. . . . 2824 18

Township Taxes —

When and How Made 2827 20

Authorizing Trustees of Certain Townships to Levy a

Road Tax N. (2827-1) 20

Township Liabilities for the Relief of the Poor 2828 ' 21

Labor on Public Highways, etc 2830 21

Levy to Pay Bonds of County, City or Townsnip, Given

for Railroad Subscription 2831 22

Tax on Dogs. 2833 22

Surplus of Special Tax or Loan may be Transferred to

General Fund 2834 22

Power to Borrow , to Extend Time or Change Debt 2834a 23

Restrictions; No Contracts, etc., Unless Money is in

Treasury and Set Apart, etc 2834b 23

Disposition of Surplus under Dow Tax 28Md 24

Townships and Municipalities may Issue and Sell Their

Bonds, etc 2835 24

Tax Shall be Levied to Pay Bonds and Interest 2836 25

Question to be Submitted to the Voters 2837 25

LIENS.

Lien of Keeper of Stallion or Jack (3213-1 ) 26

Lien Upon Railroad for Labor or Material Furnished (3231-1) 27

How Lien Obtained. (3231-2) 27

Bond ; When Injunction may Issue (3231-3) 27

Engineer to Make Measurements, Estimates, etc (3231-4) 28

Penalty (3231-5) 28

MALICIOUS INJURY TO PROPERTY, TRESPASS, ETC.

Altering Ear-marks or Brands of Domestic Animals

Killing or Injuring Domestic Animals

Administering Poison to Domestic Animals *.....

Not to Apply to Trespassing Animals

Taking, Using, etc., Horse, Mule, etc., Without Leave....
Wrongful Taking of Bicycle, etc., With Intent to Injure

Same

Maliciously Altering, etc., Name or Number of Bicycle, etc..

Maliciously Injuring part of Bicycle, etc

Unlawfully Placing upon Public Way Substance Liable to

In j ure Pneumatic Tire

Disposition of Fines

Malicious Destruction of Trees and Crops

Altering or Removing Landmarks

Removing Township Corner Posts

6850

265

6851

265

6852

266

6853

266

6854

266

6854a

266

68546

266

6854r

266

685 i</

267

6854<?

267

6864

267

6865

267

(me

267

SECTION.

PAGE.

6868

268

6869

268

6870

268

6877

268

6878

268

6879

268

6880

268

6880a

269

68806

269

6880d

269

6880e

269

6881

270

6881a

270

INDEX. 305

Throwing Down Fences or Opening Gates

Malicious Injury of Toil-Gate ]

Fast Driving, etc. , Over bridges

Injuring and Committing Nuisances in Buildings ........

Destroying or Defacing Newspapers, etc., Belonging u

Libraries

Demolishing Guide-Boards , etc

Trespassing by Destroying Trees and Crops . .

Trespassing, Cutting Timber, etc. ; How Punished

Penalty for Buying Timber Cut Unlawfully

How Judgment Collected and Paid Over

Trespassing Upon Lands of Another; Penalty

Trespassing While Mining '

Trespass by Owner of Shanty-boat; Penalty

Trespass by Employes of Telephone and Telegraph Com-

panics . (6881-1) 270

Defacing or Destroying Advertisements or Notifications Set

Up Dy Authority of Law, or by Bridge Owners 6882 270

Posting Bills, etc., on Buildings, etc., Without Consent

of Owner 6883 270

Setting Up Obstruction on Public Sidewalk - 6884 271

Unlawful Camping on Public Highways or Adjacent Lands. (6884-1) 271

Penalty (6884-2) 271

Breaking Open Pound, etc 6885 271

MAPLE SUGAR.

Maple Sugar and Syrup Defined (4200-62) 54

Standard of Weight of Maple Syrup; Adulteration (4200-63) 54

Labeling of Cans of Maple Molasses (7072-3) 281

MARKET HOUSES.

Market House Companies 3858 45

Powers of Such Companies 3859 45

MILK. BUTTER, CHEESE, ETC.

Regulating Sale of Milk; Penalty (4200-9) 46

Pure Milk: Penalty (4200-10) 46

Skimmed Milk; Penalty (4200-11) 46

Adulterated Milk Defined (4200-12) 46

Butter and Cheese ; Imitations (4200-13) 46

"Natural Butter and Cheese," etc., Defined; Oleomargarine. (4200-14) 47

Penalty (4200-15) 47

Oleomargarine ; Restrictions (4200-16) 47

Placards to be Displayed by Dealers (4200-17) 47

Placards to be Displayed by Hotel Proprietors and Others.. (4200-18) 47

Oleomargarine Defined (4200-19) 48

Penalty (4200-20) 48

Branding of "Filled Cheese" and "Skimmed Cheese" (4200-21)

Penalty for Violating Preceding Section -. ._ . (4200-22) 48

Penalty for Selling or Offering Imitation When Cheese is

Called for (4200-23) 49

Penaltv for Selling, etc., Imitation Without Proper Brands

and Placards (4200-24) 49

Posting of Placard at Place of Business (4200-25) 49

Placard on Sides of Vehicle (4200-26) 49

Notice to Guest, etc (4200-27) 50

Branding (4200-28) 50

"Person" Defined (4200-29) 50

Restrictions on Sale of Artificial Dairy Products (4200-30) 50

Restrictions on Manufacture of (4200-31) 51

Further Restrictions on Manufacture; Sale of, etc (4200-32) 51

False Brands and Labels. (4200-33) 51

*20 F. H. B.

306 INDEX.

SECTION. PAGE.

Brands, Continued; Skimmed Milk Cheese (4200-34) 51

Card to be Displayed by Dealers in Artificial Dairy products;

Sale of Less than Original Package (4200-35) 52

Card to be Displayed by Keepers of Hotels, Restaurants, etc. (4200-36) 52

Fraudulent Shipments (4200-37) 52

Sale of Diluted Milk; False Accounts (4200-38) 52

Impure and Skimmed Milk (4200-39) 52

Milk Falsely Labeled, etc (4200-40) 53

Cows Unhealthily Fed, etc (4200-41) 53

Condensed Milk (4200-42) 53

State Institutions (4200-43) 53

Penalties (4200-44) 53

NUISANCES.

Injuring and Committing Nuisances in Buildings 6877 268

Nuisances 6921 271

Creating Artificial Ponds and Stagnant Waters 6922 272

Unlawful Deposit of Dead Animals, Offal, etc., Into or

Upon Land or Water 6923 272

Bodies of Animals Dying from Contagious Diseases Must be

Burned or Buried 6923a 272

Prohibiting Sale of Intoxicating Liquors and Keeping of

Houses of Ill-fame at Certain Places; Abatement as

Nuisance 6946 273

OHIO STATE BOARD OF AGRICULTURE.

Secretary of Agriculture to Have Charge of Crop and Stock

Service (409-35) 11

Assessors Shall Gather and Return Statistics to 1522 13

Return of Statistics; Agricultural Statistics 1523 14

Incorporation (3691-25) 28

Number of Board; Quorum (3691-20) 28

Names of Members (3691-27) 28

Annual Meeting of Board ; Election of Members ; Term 3692 29

Annual Report of Board to General Assembly 3693 29

State Board of Agriculture; Real Estate Acquired by; Audit-
ing of Expenses; Annual Report; Legal Adviser 3694 29

How State Agricultural Fund at Disposal of the Board 3695 29

Secretary of State Authorized to Furnish Stationery to Board

of Agriculture 3696 30

PESTS.

What Cattle Infected with Disease Shall not be Brought Into

State 4210 58

Presumptions in Actions to Recover Damages for Infection. . 4211 58

Offering Bounty for Killing Ground Hogs (4211-1) 58

How Paid (4211-2) 58

Bounty for the Killing of English Sparrows (4211-3) 59

Proof Required of Persons Applying for Such Bounty (4211-4) 59

How Paid (4211-5) 59

For Extermination of San Jose Scale, etc (4446-7) 78

Board of Control to Cause to be Exterminated Dangerous

Insects and Plant Diseases (4446-8) 78

Examinations of Orchards, Gardens, etc (4446-9) 79

As to Plants Shipped Into this State (4446-10) 80

Penalty for Violation of this Act (4446-11) 81

Annual Report of Board to Governor (4446-12) 81

Act Does not Apply to Greenhouses (4446-13) 81

Disposition of Moneys Received (4446-14) 81

Appropriation for Use of Board. . . . . (4446-15) 81

INDEX. 307
RUNNING AT LARGE.

tin a • i 01 i, SECTION. PAGE.

What Animals Shall not Run at Large; Penalties Against

Owner... 420i 55

Certain Animals not to Run at Large; Penalty 4202 55

County Commissioners May Grant Permission for Animals

to Run at Large; Duties of Road Supervisors as to

Animals Running at Large 4203 55

How Penalties Collected, and Disposition Thereof 4204 55

Suit for Penalty not to be Commenced Without Notice 4205 56

Owner of Animal Liable for Damages 4206 56

Animal Running at Large May be Treated as Estray; Penalty. 4207 56

Fees for Taking up Animals 4208 56

Pounds 4209 57

Pounds in Incorporated Villages (4209-1) 57

Duties of Poundmasters; Release of Impounded Animals (4209-3) 57

Fees (4209-4) 57

SELLING UNWHOLESOME PROVISIONS.

Selling Unwholesome Provisions 6928 273

Feeding Unwholesome Offal or Flesh to Swine, etc (6928-1) 273

TIME.

Making Part of First Tuesday After First Monday in No-
vember a Legal Part Holiday (4446-1) 77

Labor Day (4446-^) 78

Central Standard Time (444G_3) 73

Timepiece in or upon Public Building to Keep Central

Standard Time (4446-4) 78

TOWNSHIP AGRICULTURAL SOCIETIES.

Incorporation of Township Societies 3709 35

VETERINARIANS.

Examination of Veterinarians (4412-1 ) 72

Certificate (4412-2) 72

Veterinarians Employed by State Boards (4412-3) 73

State Board of Examiners (4412-4) 73

Meetings, etc (4412-5) 73

Compensation of Members (4412-6) 73

When Certificate Issued; Eligibility of Unsuccessful Candidate (4412-7) 73

Time and Fee for Examination (4412-8) 73

Acceptance of Diploma in Lieu of Examination (4412-9) 73

Penalty; Emergency (4412-10) 74

VINEGAR, MANUFACTURE, ETC.

Adulterated Vinegar; its Manufacture and Sale Forbidden.... (4200-50) 53

Fermented and Distilled Vinegars (4200-51 ) 53

Injurious Ingredients; Branding (4200-52) 54

Penalty (4200-54) 54

Brands on Casks of Vinegar (4200-54) 54

Manufacturing Farmer (4200-54) 54

Penalties (4200-55) 54

308 INDEX.

WEIGHTS AND MEASURES.

SECTION. PAGE.

Standards, those Furnished by United States Government;

Metric System 4428 74

By What Standard Contracts Construed 4429 74

Yard, the Standard Measure of Length and Surface; Sub-
division of Yard . ■ 4430 74

Contents of a Rod, Pole, or Perch; of a Mile; of a Chain. .. 4431 74

Contents of an Acre 4432 74

Contents of Perch of Mason Work or Stone 4433 74

Contents of a Cord of Fire-wood or Tanbark 4434 74

Standard Weights 4435 75

Definition of a Pound and its Subdivisions; Ton 4436 75

Gallon the Standard Measure for Liquids 4437 75

Contents of a Barrel 4438 75

Branding 4438a 75

Half Bushel the Standard Measure for Substances not Liquids 4439 75
Unlawful to Use Other than Standard Half Bushel in Testing

Milling Weight, etc (4439-1) 75

Penalty ; Disposition of Fines (4439-2) 75

Duty of Prosecuting Attorney; Fee (4439-3) 76

Subdivisions of Half Bushel 4440 76

Heaped Measure 4441 76

How Dry Commodities Measured 4442 76

Legal Measure for Small Fruits; Penalty (4442-1) 76

Standard Weight of Bushel 4443 76

Contents of Bushel for Measuring Stone, Coal and Lime 4444 77

Standard of Measurement for Bushel of Charcoal 4444a 77

When Coal May be Sold by Weight and When by Measure.. 4445 77

Liability of Person Selling Coal in Violation of Provisions.. 4446 77

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UNIVERSITY OF CALIFORNIA LIBRARY