The Cleveland leader. [volume] (Cleveland [Ohio]) 1865-1865, 1865-05-23
AN ACT
To restrain from running at large certain
animals therein named


.2l 1'ssi AN ACT
To restrain from running at large certain
animals therein named.
SEc. /. Bait enacted 5y the General As
se1nBly Of, the State Of Ohio, Thai it shall
be unlawful for any person or persons, be-
ing the owner, o. having the charge of any
horses, mules, cattle, sheep, gosts, swine,
or geese, 10 suffer the same 70 run at large
in any public road or highway, or in any
street, lane or alley, or upon any uninclo-
sed land in the State of Ohio, or causing
the same to be herded, kept, or detsined
for the purpose of grazing the same on
premises other than those owned or oecu-
pied ly the owner or keeper of such ami
mails, except as hereinafter provided and
sny person violating the provisions of this
act, shall forfeit end psy for every such vi
olation, as penalty therefor, not less than
one dollar, nor more than FIVE dollars con-
tinued violation, after notice or prosecution,
shall be held to be an additional Offsnse for
each and every day Of such continuance.
SEC. 2, That general permission may be
granted by the commissioners Of any eoun-
| ty for any animal named in the first sec
| ton Of this act, to run st large in their re-
! spective counties, and In counties where
| there is no general permission, township
trustees may grant special permits, and
| such permission, whether general or spe-
| cisl, shall terminate on the first Monday Of
! March in each and every year; and such
special permits shall be reYocable, st the
| discretion of the township trustees, upon
i three days notice in writing TO the owner
/ of such animal, and such special permits
/ shsIl be directed to individuals, and for
/ particular animals described therein.
| SIC 2. That sll suits brought to recover
penalties provided for in this act, shall be
| brought in the name Of the State of Ohio,
on complaint Of any person feeling ag-
| grieved, before sny justice OF the peace, or
other court having Jurisdiction where the
| offense is committed, md the party Offend
ing shall, on conviction, psy the amount of
| penalties sojudged, with costs. All moneys
collected as penalties, by virtue of this act,
shall be paid into the treasury of the town
ship where the otfense was com miIted for
/ the use Of common schools therein.
SIC 4. That o prosecution shall be COM
menced TO recover the penalties named in
the first section Of this act, until st least
one days notice shall have been given to
the owner or person having charge Of such
animal, ss the case may be, and it shall be
sufficient defense to such prosecution, to
show that such animal was at large with
out the knowledge Of such owner or keeper,
| and without fault of his.
SEC. 5. That the owner, or any person
having in charge any animal described in
this act, allowing the same to run 1t large
in violation of this act, shall be liable for
| all damages done by said animals upon
the premises Of another, without reference
ises provided that nothing in this set shall
be so construed ns 10 render any owner, OF
keeper of any of the animals menti0ne ed
in the first section of this act, Liable for
damages arising to any railroad.
SEo. 6. That any person finding any AMI
mails mentioned in this act st large, contrary
70 It's provisions, msy, and any constable or
marshal of any city or ineOrpof ated village,
ON view or information, shall take up and
conhne 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 ifthe own
er does not appear and claim his property
and pay all charge for taking up, sdvertis-
ing and keeping the same, within ten days
from the date OF said notices, the said ami
mails may beproeseded with under the Law
then in force regulating estrays.
SEC. T.. That the person or Officer
taking up any such animals, shall be en-
titled to charge and receive from the OWnel
of such animais the following fees, in sd
ditIon to those authorized by the law reg
ulstiDg estrsys, to wit:
For taking up and advertising each
snimAl Of the horse kiAd, or mule, oni
dollar; each head Of neat cattle, seventy
five cents esch swine, fifty cents; escl
sheep or goose, twenty-five cents; snt
!, also reasonable pay for keeping the same
SEC 8. That the plural number used il
!. this act, naming the animals to be prohih
tied from running ct large, and the wort
t'animsls" wherever used herein, shsn b
understood and held to spply As veil in tn
b singular as plural number, and the Wor
!. "psrson" and persons shall apply tobot
q natural and artificial persons.
3 SEC. 9. This act shall take effect and
in force from and after the first day Of
next 81 e-s r--l..
gsl of h-d a-.- JOHN JOHNSON, -r.,
y Speaker Of House of Representatives
l. T. S. HUMPHRETnLE
w. u L President pro ten. OF the Senate
b April I8, 1866. 1f ns &