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LAWS OF OHIO

FOR THE

ENCOURAGEMENT OF AGRICULTURE.

AN ACT

For the encouragement of Agriculture.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whenever thirty more persons, residents of any county or district embracing two counties of this State, shall organize themselves into a society for the improvement of agriculture within said county or district, and shall have adopted a constitution and by-laws, agreeably to the rules and regulations to be furnished by the Ohio State Board of Agriculture, hereinafter created, and shall have ap. pointed the usual and proper officers; and when the said society shall have raised and paid to their treasurer, by voluntary subscription, or by fees imposed upon its members, any sum of money in each year, not less than fifty dollars; and whenever the president of said society shall certify to the respective county auditors, the amount thus paid, attested by the oath of the treasurer before a magistrate, it shall be the duty of the said county audito's, embraced within the district in which such society shall be organized, to draw an order on the treasurer of the reapective county, in favor of the president and treasurer of said society, for a sum equal to the amount thus raised; provided it does not exceed half a cent to each inhabitant to the said County, upon the basis of the last previous national census, but not to exceed in any county the sum of two hundred dollars, and it shall be the duty of the treasurer of the said county to pay the same.

SEO. 2. That it shall be the duty of the several county or district societies which may be formed under the provisions of the preceding section, during the continuance of this act, annu ally to offer and award premiums for the improvement of soils, tillage, crops, manures, imple ments, stock, articles of domestic industry, and such other articles, productions and improvements, as they may deem proper, and may perform all such acts as they may deem best calcu lated to promote the agricultural and the household manufacturing interests of the district and of the State; and it shall also be their duty, so to regulate the amount of premiums and the dis ferent grades of the same, as that it shall be competent for small as well as large farmers to have an opportunity to compete therefor; and in making their awards, special reference shall be had to the profits which may accrue, or be likely to accrue, from the improved mode of raising the crop, or of improving the soil or stock, or of the fabrication of the articles thus offered, with the intention that the premium shall be given for the most economical mode of improvement; and that all persons offering to compete for premiums, on improved modes of tillage, or the produotion of any crops, or other articles, shall be required, before such premiums are adjusted, to deIver to the awarding committee a full and correct statement of the process of such mode of tillage or production, and the expense and value of the same, with a view of showing accurately the profits derived or expected to be derived therefrom.

SEO. 3. It shall be the duty of each county or district society to publish'amual.y a list of the 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 those 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 an nual meeting in December, in each year; and no subsequent payment shall be made from the county treasurer, unless a certificate is presented to the auditor from the president of the State Board, showing that such reports have been duly made.

SEO. 4 enumerates the Incorporators.

SEO 5. It shall be the duty of said Board, or any ten of them, to meet in the city of Columbus, on the first Wednesday of April, after the passage of this act, and to organize by appoint ing a president, secretary and treasurer, and such other officers as they may deem necessary also determining by lot the time that each member shall serve, so that the term of service of one-half of the members shall expire annually, on the day of the annual meeting in December and the president shall have power to call meetings of the Board whenever he may deem it es pedient.

SEO. 6. There shall be held in the city of Columbus, on the first Wednesday after the first Monday in December, an annual meeting of the Ohio State Board of Agriculture, together with the president of each County Agricultural Society, or other delegates 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 interest 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.

SEO. 7. And it shall be the duty of said Board to make an annual report to the General As sembly of the State, embracing the proceedings of the Board for the past year, and an abstract of the proceedings of the several agricultural societies, as well as a general view of the condition of agriculture throughout the State, accompanied by such recommendations as they may deem interesting and useful.

SEC. 8. That the act to authorize and encourage the establishment of agricultural societies In this State, and for other purposes therein set forth, passed March twelfth, one thousand eight hundred and thirty nine, be and the same is hereby repealed; provided the acts done, obligations incurred, and rights acquired under the provisions thereof, shall remain in no wise altered or affected by this act.

AN ACT

To amend an act entitled "An act for the encouragement of Agriculture," passed February 27, 1846.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the "Ohio State Board of Agriculture" shall consist of ten members, five of whom shall constitute a quorum. SEO. 2. That Allen Trimble, M. L. Sullivant, Samuel Medary, Darius Lapham, A. E. Strickle, Arthur Watts, M. B. Bateham, John Cedding, Jared P. Kirtland and I. Moore, be continued members of the Board, the term of service and the mode of appointing their successors to remain unaltered by this act.

SEO. 3. That the sum of two hundred dollars be and the same is hereby appropriated from the treasury for the use of the Board; and an account of the expenditures of the Board shall be included in the annual report of the Board to the General Assembly.

SEO. 4. So much of the law to which this is an amendment, as conflicts with the provisions of this act, is hereby repealed.

AN ACT

To create a Permanent Agricultural Fund for the State of Ohio.

SECTION 1, Be it enacted by the General Assembly of the State of Ohio, That there shall be created, from the several sources hereinafter mentioned, a fund which shall be known as the "State Agricultural Fund."

SEO. 2. That the minimum amount authorized to be charged by county auditofs for permits under the law passed February eighth, one thousand eight hundred and thirty-one, entitled "an act to regulate public shows," shall be and is hereby increased to twenty dollars, and that onehalf the revenue in each and every county, derived from such source, be set apart to the "State Agricultural Fund," to be paid over by the county treasurer to the Treasurer of State, at their settlements with the Auditor of State, as other moneys collected for that purpose now are; and that the other half remain, as now provided by law, for the use and benefit of the common school fund.

SEO. 3. That whenever any real or personal property shall escheat to the State, under the eighth and ninth sections of an act entitled “an act regulating descents and the distribution of personal estates,” passed February twenty-fourth, one thousand eight hundred and thirty-one, and all such as have heretofore so escheated under the provisions of said law, and which have been taken possession of under the law entitled "an act concerning escheated lands," passed February twenty five, one thousand eight hundred and thirty-three, shall be taken possession of in the name of the State, by the county auditor of the county in which such property may be found, and by him sold at public auction, at the county seat of such county, to the highest bidder, after having given thirty days notice of such intended sale, in some newspaper printed within the county.

SEO. 4. The court of common pleas shall, on the application of the county auditor, appoint three disinterested freeholders of the county to appraise such real property, who shall be governed by the same rules as appraisers in sheriff's or administrator's sales; and the auditor shall sell such property at not less than two thirds its appraised value, and may, at his discretion, sell the same for cash, or one-third cash, and the balance in equal annual payments; the deferred payments to be amply secured; and, upon the payment of the whole amount of consider ation money, sull execute a deed to the purchaser, in the name and on behalf of the State of Ohio.

SEC. 5. All moneys arising from sales under this act, shall be paid over by the county audi. tor to the treasurer of the county, to be by him accounted for and paid into the State treasury at his annual settlement with the Auditor of State, as other moneys collected for State purposes for the use and benefit of the "State Agricultural Fund."

SEO. 6. The fund hereby created shall be at the disposal of the State Board of Agriculture, for the improvement of the agricultural interests of the State, in such manner as they may deem most conducive to that object, until otherwise provided for by legislative enactment; and shall at all times be held subject, upon such property being reclaimed by any heir, to the payment to the purchaser of the State, of the original purchase money and legal interest, to the time of such reclamation.

(Sections seven to ten inclusive relate to the use of escheated lands in the city of Cincinnati, for the benefit of the "house of correction," established there.)

SEC. 11. All acts and parts of acts inconsistent with this act are hereby repealed.
Passed February 8, 1847.

AN ACT

To protect agricultural fairs and fair grounds.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for any justice of the peace, on the application of any of the officers of any State, county, township, or any independent agricultural societies, or industrial associations, to appoint a suit

able number of special constables, to assist in keeping the peace during the time when such ́ society shall be holding their annual fairs, and make an entry in his docket of the number and names of all such he shall appoint.

SEC. 2. All such constables so appointed shall have all the power of constables to suppress dots, disturbances and breaches of the peace; they may, upon view, arrest any person or per sons who may be guilty of violating any of the laws of the State, may pursue and arrest any person fleeing from justice in any part of the State; to apprehend any and all persons in the act of committing any offense against the laws thereof, and may, upon reasonable information, supported by affidavit, procure process for the arrest of any person or persons who may be charged with a breach of the peace, and forthwith bring such person or persons before the competent authority, and enforce all the laws for the preservation of good order.

SEC 3. No person shall be allowed to keep any shop, booth, tent, wagon, or other carriage, vessel or boat, or any stand or table for the sale of any spirituous or other liquors, or sell or expose to sale, give, barter or otherwise dispose of, in or near such shop, booth, tent, wagon, or ather carriage, vessel, boat, stand or table, or in any other way or place, any spirituous or other Liquors, at or within the distance of two miles from the place where any such agricultural fairs are held.

SEO. 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 peaos of the proper county, or any constable of the proper township, or the constables specially ap pointed, 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 o 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 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.

SEO. 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 forthwith 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.

SEO. 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; esid 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 de mand the same for ten days after such sale, the same shall become forfeited to the said agricul tural 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, issué a fieri 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.

SEOTION 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 ar 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 ■ synopsis of the awards for improvements in agriculture and household manufactures, togethe 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 a Gordance 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 ety 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, a 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 Prest dent 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. SEO. 3. That sections three and six be and the same are hereby repealed. SEC. 4. This act shall take effect and be in force from and after its passage. Passed February 20, 1861.

AN AOT

To protect agricultural fairs.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be unwful for any person to exhibit or show any natural or artificial curiosity for any price or gain, rshall set up to let or use for profit any swing, revolving swing, flying horses, or whirligig 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,

SEO. 2. That if any person shal violate the provisions of this act, he shall, on conviction hereof, 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 ghools.

Smo. 3. This act shall take effect from and after its passage.

Passed April 6, 1861.

AN ACT

To provide for the creation and regulation of township agricultural societies.

OTION 1. Be it enacted by the General Assembly of the State of Ohio, That when any num or of natural persons of any township in the State of Ohio shall form an association for t

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