Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1866-05-16
AN ACT
To restrain from running al large certain ami
mails therein named.


mails therein named.
SECTION l. Be Il enacted by tie General
assembly Of the State of Ohio, That it shall
be unlawful for any person or persons,
being the owner, or having the charge of
any horses, mules, cattle, sheep, goats,
swine, or geese, to suffer the same to run
at large in any public road or highway,
or in any street, land or alley, or upon
any uninclosed land in the State of Ohio,
or cause such animals to be herded, kept,
or detained for the purposeof grazing the
same on premises other than those owned
or occupied by the owner or keeper of
such animals, except as hereinafter pro-
ided; and any person violating the pro-
visions of this act, shall forfeit and pay
for every such violation, as penalty there
for, not less than one dollar, nor more
than five dollars continued violation,
after notice or prosecution, shall be held
to an additional offense for each and every
day of such continuance. ...-.
SEC. 2 That general permission may
be granted by the commissioners of any
county for any animal named in the
first section Of this act, to run at large in
their respective counties, and in counties
where there is no general permission,
township trustees may grant special per-
mits, and such permission, whether gem
eral or special, shall terminate on the
first Monday of March in each and every
year; and such special permits shall be
reVokable, at the discretion of the town
ship trustees, upon three days notice in
writing to the owner of such animals,
and such special permits shall be directed
to individuals, and for particular animals
described therein.
SIC. 8. That all suits to recover the
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 any Justice of the peace,
or other court having jurisdiction, where
the offense is committed, and the party
offending shall, on conviction, pay the
amount of penalties sdjudged, with costs.
All monies collected as penalties, by vir-
tue of this act, shall be paid into the treas
ury of the township where the offense was
committed, for theuse of common schools
therein.
SEC. 4. That no prosecution shall be
commenced to recover the penalties
named in the first section of this act, un-
til at least one days notice shall have
been given to the owner or person hay-
ing charge of such animal, as the case
may be, and it shall be sufficient de-
Tense to such prosecution, TO show that
such animal was at large without 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 at
large in violation of this act, shall be
liable for all damages done by said ami
mails upon the premises of another, with
out reference to the fence which may in
close said premises; provided that moth
ing in this set shall be so construed as to
render any owner, or keeper of any of
the animals mentioned in the first section
of this act, liable for damages arising to
any railroad.
SEC. 6. That any person finding ami
mails mentioned in this act at large, con-
trary to its provisions, may, and any con-
stable or marshal of any city or incorpo-
rated village, on view or information,
shall take up and confne the same forth
with, giving notice thereof to the owner,
if known, and if not known, by posting
up notices describing such animals there
in, 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 said notice, the said animals
may be proceeded with under the law
then in force regulating estrays.
SEC. Z. That the person or officer tax
ing up any such animals, shall be entitled
to charge and receive from the owner of
such animals the following fees, in addi-
ton to those authorized by the lsws regu-
lating estrays, to wit:
For taking up and advertising each an
imal of the horse kind, or mule, one dol
lar;. each head of neat cattle, seYenty-fYe
cents; each swine, fifty cents; and also
pay for keeping the same.
SEC. s. That the plural number used
in this act, naming the animals to be
prohibited from running at large, and
the word animals" wherever used here
in, shall be understood and held to apply
as well in the singular as plural number,
and the word "person" and persons"
shall apply to both natural and artificial
persons. f.~
SEC. 9. This act shall take effect and
be in force from and after the first day of
next.
JOHN JOHNSTON,
Speaker of tie House of Representatives.
S. HUMPHREVILLE,
President pro TEN. of the Senate.