sheriff of said county to be by said sheriff held until released or discharged by the police court. SECTION 4. That section 7161 of the Revised Stat- Bail: utes be so amended as to read as follows: SEC. 7161. If the offense for which the prisoner is held to answer is bailable, and the prisoner offers sufficient bail, a recognizance shall be taken for his appearance to answer the charge before the court of common pleas, on the first day of the next term thereof, or before the probate court, if that court has jurisdiction of the offense, on the first day of the next term thereof for the trial of criminal cases, or before the police court in cities of the second grade of the first class when he is held for a misdemeanor, charged as committed within such city or within four miles of the limits thereof, or before the police court in cities of the first grade of the second class when he is held for a misdemeanor, charged as committed within the limits of the county in which such city is situated, and not depart without leave, or if the court of common pleas or probate court before which he is held to appear is at the time in session, or if he be held to answer before said police court, the recognizance shall require the accused to appear forthwith before such court; but no recognizance requiring the accused to appear at the next term of said court of common pleas or probate court, shall be rendered invalid by the fact that said court is in session. SECTION 5. The sheriffs of counties containing cities of the first grade of the second class, shall execute all warrants, subpoenas, or other process of the police court, and make due return thereof, in case of all offenses, charged as having been committed in such counties outside of the incorporated limits of such cities, and shall receive therefor the same fees as are allowed in similar cases in courts of common pleas. SECTION 6. For services rendered under and by virtue of this act in cities of the first grade of the second class the county commissioners of each county in which said cities are situated shall allow a reasonable compensation to the persons who from time to time may hold or occupy the position of judge, prosecutor, clerk and deputy clerk of the police court, in addition to the salaries now received by such officers, which such sums shall be paid out of the county treasury of such counties. Recognizance its conditions, etc.; Cuyahoga and Franklin counties. Duties and fees of sheriff of county. Franklin Additional compensation of umbus police officers of Col court. SECTION 7. That said original sections 1788, 1804, Repeals, etc. 7147 and 7161 of the Revised Statutes be and the same are hereby repealed, and this act shall take effect and be in force DAVID L. SLEEPER, Speaker of the House of Representatives. ASAHEL W. JONES, President of the Senate. 88G Manufacture, sale, etc., of vinegar not in compliance pro hibited. Apple, orchard [Senate Bill No. 22.] AN ACT To prevent the adulteration of vinegar. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That no person shall manufacture for sale, offer or expose for sale, sell or deliver, or have in his possession with intent to sell or deliver, any vinegar not in compliance with the provisions of this act. No vinegar shall be of cider-vinegar. sold as apple, orchard or cider-vinegar which is not the legitimate product of pure apple-juice, known as applecider; or vinegar not made exclusively of said apple-cider; or vinegar into which foreign substance, drugs or acids have been introduced, as may appear upon proper test, and upon said test shall contain not less than two per cent., by weight, of cider-vinegar solids upon full evaporation at the tmperature of boiling water. Fermented and distilled vine gars. Injurious ingredients. Branding of packages. Penalty for violation. SECTION 2. All vinegar made by fermentation and oxidation without the intervention of distillation shall be branded "fermented vinegar," with the name of the fruit or substance from which the same is made. And all vinegar made wholly or in part from distilled liquor shall be branded "distilled vinegar," and all such distilled vinegar shall be free from coloring matter added during or after distillation and from color other than that imparted to it by distillation. And all fermented vinegar not distilled shall contain not less than two per cent., by weight, upon full evaporation (at the temperature of boiling water), of solids, contained in the fruit or grain from which said vinegar is fermented, and said vinegar shall contain not less than two-and-a-half-tenths of one per cent. ash or mineral matter, the same being the product of the material from which said vinegar is manufactured. And all vinegar shall be made wholly from the fruit or grain from which it purports to be or is represented to be made, and shall contain no foreign substance, and shall contain not less than four per cent., by weight, of absolute acetic acid. SECTION 3. No person shall manufacture for sale, offer for sale, or have in his possession with intent to sell, any vinegar found upon proper test to contain any preparation of lead, copper, sulphuric or other mineral acid, or other ingredients injurious to health. And all packages containing vinegar shall be branded on the head of the cask, barrel or keg containing such vinegar, or if sold in other packages that each package be plainly marked with the name and residence of the manufacturer, together with brand required in section two hereof. SECTION 4. Whoever violates any of the provisions of this act shall, upon conviction, be fined not less than fifty dollars nor more than one hundred dollars, or imprisoned not less than thirty days nor more than one hundred days, or both, and shall be adjudged to pay in addition all necessary costs and expenses incurred in inspection and analyzing such vinegar. SECTION 5. That the act passed April 14, 1888, be Repeals, etc. and the same is hereby repealed and this act shall take effect and be in force from and after June 1, 1896. For the relief of persons who have given mortgages to the state of Ohio for loans of the surplus revenue. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That, on application of any person owning land in any county of this state upon which there is an uncanceled mortgage to the state of Ohio, taken by the commissioners of the surplus revenue fund, under the act of March 28, A. D. 1837, or the acts amendatory thereof or supplementary thereto, the state auditor shall ascertain whether or not such county has repaid to the state its proportion of said surplus revenue, and, upon ascertaining that such repayment has been made, it shall be the duty of the said auditor to give to such person a certificate therefor, and, on presentation of such certificate to the governor of the state, he is hereby authorized and directed, on behalf of the state of Ohio, to execute and deliver to such person a release of said mortgage, which release, when recorded in the land. records of the proper county, shall operate as a cancelation of said mortgage, and thereafter such mortgage shall, for all purposes, be treated as null and void, both in law and equity. SECTION 2. This act shall take effect from and after its passage. DAVID L. SLEEPER, Passed March 30, 1896. President of the Senate. 90G Cancelation of mortgage taken by commissioners of surplus revenue fund. Animals: Statement of damages for sheep killed or injured by dogs. Witnesses. Fees of witnesses. Oath of claimant and witness. Employe or tenant. Hearing, allowance, indorsement, transmission and record of claims. Examination and order for payment. Payment. [Senate Bill No. 138.] AN ACT To amend section 4215 of the Revised Statutes of Ohio, as amended SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4215 of the Revised Statutes of Ohio, as amended March 22, 1892 ( O. L., 89, p. 129), as amended April 27, 1893 (O. L., vol. 90, p. 347), as amended May 2, 1894 (O. L., vol. 91, p. 198), be amended so as to read as follows: SEC. 4215. Any person damaged by the killing or injury of sheep by dog or dogs, may present a detailed account of the injury done, with damages claimed therefor, verified by affidavit 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 parole 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 injury 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 owner's premises, and that he does not know whose animal 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 allowed fifty cents each and mileage as in other cases; the trustees are hereby authorized and empowered to administer oath or affirmation to any such claimant or witness; provided, however, that if the sheep killed or injured are in the care of an employe or tenant of the owner of the same, such affidavit 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 competent 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 signatures to the county commissioners, in care of the county auditor, who shall enter upon a book to be kept for that purpose, in their order, each claim received; the county commissioners shall, at their next regular meeting, examine the same, and if found in whole or in part correct and just, order the payment thereof, or such parts as they may have found correct and just, to be paid out of the fund created by the per capita tax on dogs; and such claims as may have been allowed in whole or in sufficient; transfer of excess. part, may be paid at any regular quarterly session of such commissioners; and provided, that if such fund is insuffi- When fund incient to pay all such claims in full, they shall be paid pro rata; and if, after paying all such claims, at the June session, there remain more than one thousand dollars of such fund, the excess, or a part thereof, may be transferred to the school fund, the county agricultural society, the bridge fund or to the fund for the relief of indigent soldiers, at the discretion of the county commissioners; but in Cuyahoga county, so Cuyahoga much of the excess as may be required may be appropriated to the payment of the amount authorized by the second section of the act relating to industrial schools or children's homes, passed April 24, 1877; and provided, further, that Lucas county. in counties having therein a city of the third grade of the first class in which there exists a society "to prevent cruelty to animals," organized under chapter 12, title 2 of the Revised Statutes, the said excess shall be paid over to the county. treasurer of said society; and provided further, that in any Fairfield county. county having at the last federal census or which at any subsequent federal census may have a population of not less than 33,930 nor more than 33,950 the said excess shall be paid annually over to the treasurer of the agricultural society of said county to be expended by said society in the payment of its present existing indebtedness, and provided Morgan county. further that in Morgan county the said excess shall be annually paid over to the treasurer of the agricultural society of said county to be expended for the payment of its present existing indebtedness for the period of five years; all accounts, affidavits 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. Blanks for accounts,affidavits and testimony. SECTION 2. That section 4215, as amended March Repeals. 22, 1892, and as amended April 27, 1893, as amended May 2, 1894, be and the same is hereby repealed. SECTION 3. This act shall take effect and be in force To amend section 4761 of the Revised Statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4761 be amended so as to Turnpikes: read as follows: |