The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1874-07-14
Ara Act to Restrain fren1 Running
at Earge Certain Animals there
i'm Named,

al Large Certain Animals here
I'm Named.
SECTION L Be 1t enacted by the Cen
erol 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, lane
or alley, or upon any uninclosed land in
the State of Ohio, or cause such ami
mails to be herded, kept. or detained for
the purpose of grazing the same on
premises other than those owned or oc-
cupied by the owner or keeper of such
animals, except as hereinafter provided;
and any person violating the provisions
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 be 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 per-
mission, township trustees may grant
special permits, and such permission,
whether general or special, shall term
mate on the first Monday Of March in
each and every year; and such special
permits shall be revokable, at the dis
cretion of the township trustees, upon
three days notice in writing to- the
owner of such animal, and such special
permits shall be directed to individuals,
and for particular animals described
therein.
Sec 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 feel
ing aggrieved, before any justice of the
peace, or other court having jurisdiC-
ton, where the ofrense Is committed,
and the party offending shall, on con.
viction, pay the amount of penalties
adjudged, with costs All moneys col
lected as penalties, by virtue of this
act, shall be paid into the treasury OF
the township where the offense was
committed, for the use OF common
schools therein. sra
Sec. 4. That no prosecution shall be
commenced to recover the penalties
named in the first section Of this act,
until at least one days notice shall have
been given TO the owner or person hav
ing charge of such animal, as the case
may be, and it shall be sufficient de-
fense to such prosecution, to show that
such animal was at large without the
knowledge Of such owner or keeper,
and without fault of his. $3.50
SEC. 5. That the owner, OF any per.
son having in charge any animal, de-
scribed in this act. shall be liable for
all damages done by said animals npor
the premises of another, without refer
ence to the fence which may inclose
said premises; provided that nothing in
this act shall be so construed as to rem
der 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. G. That any person finding any
animals mentioned in this act at large
contrary to its provisions, may, and
any constable or marshal of any city
or incorporated village, on view or in
formation, shall take up and confne tht
same forthwith, giving notice thereof tt
the owner, if known, and if not known
by posting notices describing such ami
mails therein, in at least three public
places within the township; and if thu
owner does not appear and claim hi:
property, and pay all charges for taking
up, advertising and keeping the same
within ten days from the date of sale
notices, the said animals may be pro
ceeded with under the law then in fore,
regulating estrays 0. st.i1l
SEC 7. That the person or officer ia
king up any such animals. shall be en-
titled to charge and receive from tb'
owner of such animals the following
fees, in addition to those authorized b,
the law regulating estrays, to wit:
For taking up and advertising eacl
animal of the horse kind, or mule, on
dollar: each head of neat cattle, seventy
five cents; each swine, fifty cents; eac|
sheep or goose, twenty five cents; an,
also reasonable pay for keeping tn
same. -.l ro'';s..
SEC s. That the plural number usct
in this act, naming the animals to b
prohibited from running at large, ant
the word animals wherever use,
herein, shall be understood and bel,
to apply as well in the singular as plu
raj number, and the word "person" AM
"persons," shall apply to both natura
and artificial persons.
Sec. 8. This act shall take effect an,
be in force from and after the first tla,
Of next. fa a v.sls .a
aa. JOHN JOHNSTON, ID
Speaker, House of Representatives..
rsr0.. S. HUMPHREVILLE,
- President pro tenn. Of the Senate.
April 13, 1865.