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 two, 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 

 end tivOj 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-tivo 

 hundred and tivo, 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-two hundred and 

 two, 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 

 ewner 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. 



