SEC. 4. That any person or persons who shall be guilty of a breach of this act, and shall be notified by any one of the officers authorized to make an arrest or seizure, or by any other person, that he, she or they are violating the law; and if, after such notice, such person shall continue in such violation, he she or they shall forfeit and pay for such offense, a fine of not less than five nor more than fifty dollars, to be paid over to the treasury of such agricultural society where the offense was committed; and any judge of the court, sheriff, coroner, justice of the peacc, of the proper county, or any constable of the proper township, or the constables specially appointed, shall, upon view or information, without warrant, apprehend any person so offending, and seize such booth, tent or wagon, or other carriage, stand, vessel or boat, selling spirituous or other liquors, and convey the same to a place of safe keeping, and take the person so offending before some officer having competent jurisdiction, together with an inventory of the things so seized, and the officer before whom such alleged offender shall be brought, shall proceed forthwith to inquire into the truth of the accusation, and if true, shall enforce the penalties of this act. SEC. 5. If the accused shall fail to pay such fines as shall be assessed, together with all of the costs of proceedings, including the necessary expenses of such seizure, the said officer before whom such offender was tried, shall forth with issue a venditioni exponas, commanding any constable of the township in which such inquiry shall be held, to make the fine and costs, necessary expenses, and costs of execution, by sale of so much of the property as shall be necessary therefor, and make return thereof within ten days thereafter. SEC. 6. That in the execution of the venditioni exponas, the said constable, at least ten days before the sale, shall advertise the property to be sold at two of the most public places of the township, where the same is to be sold, at one of which places, to be designated in the notice, between the hours of ten o'clock A. M. and four o'clock P. M., said sale shall be held; said constable first selling or offering for sale the articles which the offender brought on to the ground for traffic, and the overplus of the property so seized as aforesaid, after the satisfaction of said venditioni exponas, shall be delivered to the defendant, on demand; but if he shall fail to demand the same for ten days after such sale, the same shall become forfeited to the said agricultural society, and if the property so seized shall be found insufficient to satisfy said venditioni exponas and costs of execution, said justice of the peace shall, at any time thereafter, on request of the treasurer of said society, issue a fiere facias to collect the balance thereof. Passed April 11, 1856. AN ACT To amend section three and section six of an act for the encouragement of agriculture, passed February 28, 1846. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three of the above recited act be amended so as to read as follows: It shall be the duty of each county or district society to publish annually a list of awards, and an abstract of the treasurer's account in a newspaper of the district; and to make a report of their proceedings during the year, and a synopsis of the awards for improvements in agriculture and household manufactures, together with an abstract of the several descriptions of these improvements, and also make a report of the condition of agriculture in their county or district; which reports shall be made out in accordance with the rules and regulations of the Ohio State Board of Agriculture, and shall be forwarded to the State Board at their annual meeting in January in each year; and no subsequent payment shall be made from the county treasury unless a certificate be presented to the auditor, from the president of the State Board, showing that such reports have been made. SEO. 2. That section six be amended so as to read as follows: There shall be held in the city of Columbus on the first Wednesday after the first Monday in January, an annual meeting of the Ohio State Board of Agriculture, together with the President of each County Agricultural Society, or their delegate therefrom duly authorized, who shall for the time being be ex-officio members of the State Board of Agriculture, for the purpose of deliberation and consultation, as to the wants, prospects, and condition of the agricultural interests throughout the State; and at such annual meeting the several reports from the county societies shall be delivered to the President of the Ohio State Board of Agriculture, and the said president and delegates shall at this meeting, elect suitable persons to fill all vacancies in the Ohio State Board of Agriculture. SEC. 3. That sections three and six be and the same are hereby repealed. SEO. 4. This act shall take effect and be in force from and after its passage. Passed February 20, 1861. AN ACT To protect agricultural fairs. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be unlawful for any person to exhibit or show any natural or artificial curiosity for any price or gain, or shall set up to let or use for profit any swing, revolving swing, flying horses, or whirligigs, within one fourth of a mile of the fair ground of any agricultural society in this State, while the fair of such society is being held therein, unless such person shall first have obtained the written permission of the Board of such agricultural society to make such exhibition. SEC. 2. That if any person shall violate the provisions of this act, he shall, on convietion thereof, be fined in any sum not less than one nor more than one hundred dollars; and all moneys derived from the violation of this act shall be appropriated to the support of common schools. SEC. 3. This act shall take effect from and after its passage. AN ACT To provide for the creation and regulation of township agricultural societies. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That when any number of natural persons of any township in the State of Ohio shall form an association for the promotion of agriculture in such township, and shall, under their hands and seals, make a certificate, and acknowledge the same before a justice of the peace, in which shall be specified the name of the society, the objects of its formation, and the township in which it shall be located, and shall record the same in the recorder's office of the proper county, such society shall be deemed a body corporate, with succession, and with power to sue and be sued, plead and be impleaded, defend and be defended, contract and be contracted with; to make and use a common seal, and the same to alter at pleasure; and shall have power to purchase and hold, in fee simple, or to rent or lease such real estate as may be required as a site for holding fairs, not exceeding twenty acres, and to establish all necessary rules and regulations for the management of such fairs, and the legitimate business of the society. SEC. 2. This act shall take effect on and after its passage. Passed May 1, 1861. LAW RELATING TO PUBLIC SHOWS. AN ACT To amend an act entitled "An act to regulate Public Shows," passed February 28, 1831. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That so much of the first section of the act to which this is an amendment, as provides that it shall not be necessary for any exbibiter or exhibiters of any show allowed to be exhibited by said act, to obtain a permit from the county auditor, to show or exhibit in any incorporated town or city, where by the laws or ordinance of such town or city, such exhibiter or exhibiters may be required to obtain a permit or license from the municipal authority of said town or city, be and the same is hereby repealed. SEO. 2. Before any person or persons shall be permitted to exhibit any public show, in any incorporated town or city in this State, he or they shall first be required to obtain a permit from the auditor of the county in which such town or city may be located, according to the provi sions of the act to which this is an amendment, and the act to create a permanent agricu'tural fund, passed February 6, 1847, and all moneys paid into the treasuries of the several counties under the provisions of this act, shall be paid over and disposed of according to the provisions of the act above named. SEC. 3. Nothing in this act shall be construed to interfere with the right or power of any incorporated town or city of this State, to impose a license upon all shows exhibited in such town or city in addition to that imposed by this act. Passed March 21, 1849. EXPLANATIONS The law to which the foregoing is an amendment, says: "That before any exhibter or exhibiters of any traveling public show, not already prohibited by law, shall be allowed to exhibit or show any natural or artificial curiosity, or exhibition of horsemanship in a circus or otherwise, for any price, gain or reward, he or they shall apply to the auditor of the county in which he or they intend to show or exhibit, for a permit; and the county auditor shall give him or them a permit, specifying the time, place or places he or they may be allowed to show or exhibit in the county, on the persons thus applying, paying into the county treasury the amount said county auditor may assess on him or them for the privilege of exhibiting or showing such show; which assessment shall in no case exceed fifty dolla ́s, nor less than ten, for each and every place at which such show shall be exhibited. Provided, it shall not be necessary for any exhibiter or exhibiters, as aforesaid, to obtain a permit from the county auditor, to show or exhibit in any incorporated town or city, where, by the laws or ordinances of such town or city, such exhibiter or exhibiters may be required to obtain a permit or license from the municipal authority of said town or city." The act creating a permanent agricultural fund, passed February 8, 1847, provides that the minimum amount subscribed to be charged by county auditors for permit under the law of 1831, shall be increased to twenty dollars, and one half the income derived from this source shall go to the agricultural fund-the balance to the common school fund, as before. But this act, as well as that of 1831, had no effect in incorporated towns and cities; and it was only in a few cases that county auditors were called on to grant license for such shows; while the authorities of towns and cities were by law allowed to charge a small or large sum, or nothing at all, as they might see fit, and make such disposition as they pleased of the revenue derived from this source. Thus it will be seen that the objects of the law of 1846 were not secured; and hence the reasons for the additional law of the present year. This law does not interfere with the rights of incorporated towns and cities; but it makes it imperative on the exhibiters of public shows to first obtain a permit from the county auditor, in all cases; then if the town or city ordinances require it, another permit must be obtained from the authorities of such town or city. Some persons may think that these laws impose too heavy a tax on such exhibitions; but we think that a large majority will agree that it will be no loss to the morals of community, even if the effect should be a reduction of the number in our State. NOTE-The penalty for violating the law, for exhibiting without a proper license, is a fine of one hundred dollars for each offense. RULES For the organization and management of County and District Societies. I. The officers of each Society shall consist of a President, Vice President, Treasurer, Secre. tary, and at least five Managers or Directors, who, together, shall constitute & Board of Direc tors for the management of the affairs of the Society, and shall hold their offices until their suecessors are duly elected. II. Members of the Society must be residents of the county or district, must be over twentyone years old, and must annually pay the sum of one dollar to the Treasurer. III. The Treasurer shall keep a list of the members of the Society, so that he may be able to report to the State Board the number of members each year, and so that it may be ascertained who are entitled to vote for officers. IV. The election for officers, for each County and District Society, shall be held in each year, at such time in January as the County or District Society may determine upon. V. County or District Societies may open their premium lists to all persons, without restric tion, except on field crops, which shall be confined to the county or district. VI. Competitors for premiums must be members of the society. VII. All articles offered for premiums must be owned by the person offering the same, or by some member of his or her family. VIII. Awarding committees must comply with the provisions of the law requiring competi tors for premiums on crops and other improvements to furnish full and accurate statements of the process, expense of culture, production, &c. IX. Competitors for premiums on crops shall be required to have the ground and its products accurately measured, and satisfactory proof, under oath, must be furnished by each competitor. X. Each Society shall have duly prepared an annual report, and shall present the same to the State Board of Agriculture, on or before the annual meeting of said Board, as prescribed to be held by the 2nd section of the "Act for the encouragement of Agriculture," passed April 6th, 1861. XI. Said report shall contain the following: 1. A list of the premiums awarded at the previous Annual Fair. 2. A copy of the published abstract of the Treasurer's account, as the same was published, in conformity with the 1st section of the above named act. 3. All statements of competitors for premiums on crops and other improvements in agricul ture, detailing mode of tillage, &c., &c. 4. A general account of the proceedings of the Society, the number of its members, and the prospects of its progress and usefulness. 5. A statement of the principal crops raised in the county or district; an estimate of the amount of each raised; the average yield per acre; the striking characteristics of the previous season; the names of the destructive insects which may have injured the crops; and such other facts as will tend to give a full view of the state of agriculture in each county or district, so that the same may be embodied in the succeeding Annual Report, made by the State Board to the Legislature. |