The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1892-05-19
SHEEP CLAIMS.
The New Law as Passed March 22nd.
III. B. No. 81
AN ACT
To amend section 4215 of the Revised
Statutes of Ohio.

DbdJub6S VI OulOs
Section L. Be it enacted by the Gen
erdl Assembly of the State of Ohio, That
section 42l5 of the Revised Statutes be
amended so as to read as follows:
Section 42l5. Any person damaged
by the killing or injury Of sheep by
dog or dogs may present detailed ac-
count of the injury done, with dam
ages claimed therefor, verified by affi-
davit 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 trustees upon the parol testimony
of at least two other persons who are
freeholders of the neighborhood where
the injury was done, that the damage
claimed is just and reasonable, and
also make it appear that such in
Jury 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 owners premises,
and that he does not know whose ami
NAL committed such injury, or, if
known, and such account reduced to
Judgment could not be collected on
execution; and the witnesses in such
cases, not exceeding two, shall be al
lowed fifty cents each and mileage as in
other cases. the trustees are hereby
authorized and empowered to admin
lister oath or affirmation to any such
claimant or witness. Provided, how
ever, that if the sheep killed or injured
are in the care Of an employe or tenant
of the owner of the same, such affi-
davit 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 compe-
tent to testify. 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 endorse thereon
the amount allowed and transmit the
same with the testimony so taken,
together with the fees due witnesses
over their own official signature to the
county commissioners, in care of the
county auditor: who shall enter upon
book to be kept for that purpose in
their order, each claim received; the
county commissioners shall, at their
regular meeting in September, ex-
anime the same and if found in whole
or in part correct and just, order the
payment thereof, or such part as they
may have found correct and just, out
Of the fund created by the per capita
tax on dogs, of such attested and cer-
titled claims as may have been received
during the year preceding such meet
ing If such fund is. insufficient to
pay all such claims in full, they may
be paid pro rata; and If after paying
all such claims at any such session
there remain more than one thousand
dollars of such fund, the excess, or
a part thereof, may be transferred to
the school fund, and be used for the
benefit of the common schools in such
county but in Cuyahoga county so
much of excess as may be required
may be appropriated to the payment
of the amount authorized by the sec
ond section of the act relating to in
dustrial schools or children's homes,
passed April 24th, 1877 and provided,
further, that in counties having there
in a city of third grade of the first
class in which there exists a society
" to prevent cruelty to animals" or
ganized under chapter IL, title 2, of the
Revised Statutes, the said excess shall
be paid over to the treasurer of said
society all accounts, af1idavits 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.
Section 2. That section 4215 of the
Revised Statutes is hereby repealed.
Section 3. This act shall take effect
and be in force from and after its pas
sage.
LEWIS @. LAYLIN,
Speaker Of the House of Representatives.
EBERT L. LAMPSON,
President Pro ten, of the Senate.
Passed March %, 1892.