Certain ani mals not to run at large. Section 4202. No person or corporation being the owner or having the charge of any horses, mules, cattle, sheep, goats, swine, or geese shall suffer the same to run at large in any public road or highway, or in any street, lane, or alley, or upon any uninclosed land, or cause such animals to be herded, kept, or detained for the purpose of grazing the same on premises other than those owned or occupied by the owner or keeper of such animals, except as hereinafter provided; and any person violating the pro- Penalty. visions of this section shall forfeit and pay for every such violation, as penalty therefor, not less than one dollar nor more than five dollars; continued violation, after notice or prosecution, shall be held to be an additional offense for each and every day of such continuance. SEC. 2. That said original section four thousand two hundred and two be and the same is hereby repealed; and that this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. A. HICKENLOOPER, Passed January 25, 1881. [House Bill No. 558] AN ACT To amend section five thousand eight hundred and thirty-six of the revised statutes. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section five thousand eight hundred and thirty-six of the revised statutes of Ohio be so amended as to read as follows: Section 5836. When the surety in a judgment, who is certified therein to be such, or his personal representative, pays the judgment, or any part thereof, he shall, to the extent of such payment have all the rights and remedies against the principal debtor that the plaintiff had at the time of such payment; and proceedings to revive the judgment shall be as provided in section five thousand three hundred and sixty-seven, and shall be in the name of such surety or representative, but the plaintiff in the original action shall not be liable for any costs therein. SEC. 2. Said original section five thousand eight hundred and thirty-six is hereby repealed, and this act shall be in force from its passage. THOS. A. COWGILL, Speaker of the House of Representatives. Surety on revive same. judgment may President pro tem. of the Senate. Passed January 28, 1881. How certain agricultural societies may provide additional grounds. Such lands to be conveyed to county commis sioners for use of county. County commissioners may appropriate lands. [House Bill No. 639] AN ACT Relating to agricultural fair grounds. [WARREN COUNTY.] SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That when any county agricultural society, in any county of this state, having a population, by the census of 1870, of twenty-six thousand six hundred and eighty-nine inhabitants, owns real estate which, with the improvements thereon, is used for the purpose of holding annual fairs; and when any such society shall deem it necessary, for the purpose of paying off an existing indebtedness, and to purchase additional grounds, not exceeding ten acres, for the use of any such society, and to improve the same, and the board of directors of such society, at a regular or called meeting, shall, by resolution, passed by a vote of at least two-thirds of all the members thereof, by a call of the yeas and nays, shall declare that it is to the interest of said society and the public to enlarge their fair grounds, and shall cause to be made an accurate survey, description and plan of the additional ground necessary to provide for such enlargement; and shall, by resolution passed by a like vote, agree, by deed duly executed by the president of said society, to convey all the real estate vested in said society to the county commissioners for the use and benefit of the county; such resolutions, certified to by the president and secretary of said society, with the description and plat of said enlargement, may be filed with the commissioners of the county. SEC. 2 That said commissioners, after the filing of said description and plat, are hereby authorized and empowered to proceed to purchase said additional ground, the title of which shall be vested in said commissioners for the use and benefit of the county; and if they and the owner or owners of said land are unable to agree upon its purchase and sale, the commissioners may appropriate the same, and for such purpose shall file said description and plat with the probate judge of the county, and thereupon the same proceedings shall be had which are provided for the appropriation of private property by municipal corporations; after such purchase or appropriation as aforesaid, and before any improvements are made on said ground, said society shall convey, through its president, all of the real estate owned by it to the county commissioners for the use and benefit of said county, and said commissioners may improve the same under the direction of said county agricultural society; provided, that the payment of the indebtedness, cost of additional ground and improvements, shall thousand dol- not exceed, in all, ten thousand dollars. Cost not to exceed ten lars. SEC. 3. The payment of said indebtedness, purchase, and improvements may be made by said county commissioners from any surplus funds in the county treasury at the time said payments are to be made, and if no such available funds are in the county treasury, then said commissioners are hereby authorized to issue bonds of the county for such amount as will meet the payment aforesaid; and should such bonds be issued by the county commissioners, they are hereby authorized and directed to levy a tax, not exceeding one-fourth of one mill, for two years, to pay said bonds and the interest thereon, which interest shall not exceed six per cent. SEC. 4. That while the title of the ground so purchased, and the grounds so conveyed by said society, shall be vested in the county commissioners for the use and benefit of said society, the management of said grounds and improvements thereon erected shall be under the control of the board of directors of said society, so long as said county agricultural society is governed by the regulations of the state board of agriculture, or the laws of the state regulating agricultural societies. SEC. 5. This act shall take effect on its passage. THOS. A. COWGILL, Speaker of the House of Representatives. Grounds to be under control of directors of society. Passed January 31, 1881. [Substitute for House Bill No. 170] AN ACT To amend sections 994. 995, 997, 1002, and 1012 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 994, 995, 997, 1002, and 1012, of the revised statutes of Ohio be amended so as to read as follows: Section 994. In each county containing a city of the first grade of the first class, there shall be, in addition to the board of county commissioners, a board of control, to consist of five members, who shall be chosen at the election held in October next after the passage of this act, and shall hold their office from the second Tuesday of November, succeeding as follows: The member who receives the highest number of votes, for five years; the member who receives the next highest number of votes, for four years; the member who receives the next highest number of votes, for three years; the member who receives the next highest number of votes, for two years; the member who receives the next highest number of votes, for one year. In case of a tie vote, the choice of term shall be determined by lot. And each year thereafter one member shall be chosen to hold his office for five years. Section 995. The members so chosen shall, on the second Tuesday of November, annually, assemble together and organize the board of control, and such board shall meet thereafter on the second and fourth Tuesday of each month; a majority of the whole number of members shall be necessary to constitute a quorum for Board of control, how elected. How board organized. Meetings and regulations. to contain. the transaction of business, and all their proceedings shall be public; they shall determine the rules of their proceedings, and these shall, as far as possible, be in accordance with parliamentary Journal, what law; they shall keep a journal of their proceedings, which shall be open at all proper times to the inspection of the public, and may compel the attendance of absent members in such manner as they prescribe; they shall elect from their own body a president, who shall preside at their meetings during the term for which they have been elected, and they may elect a president pro tempore. The members of the board of control shall receive no compensation for their services; they shall elect a clerk, and assistant clerk, if necessary, at such salaries as they deem proper, but not to exceed the sum of eight hundred dollars per year, who shall keep a correct journal of all the proceedings of said board of control, and perform such other duties as are required by the regulations and rules of the board. The clerk in office at the end of the term of service of the board of control, shall continue in office until his successor is appointed. Clerk and assistant clerk to be elected. Their duties, etc. Section 997. The oath of office of each member of the board of control shall be taken before a judge of the court of common pleas, and filed in the office of the clerk of said court. In case of death, resignation, or removal from office of a member of said board of control, the fact of such vacancy shall be certified by the president thereof to the court of common pleas, which shall appoint a judicious person and tax-payer to fill such vacancy, and the person so appointed shall hold his office until the next annual election in October. Section 1002. The board of county commissioners shall provide suitable rooms, in the court house of said county, in which the board of control and the county commissioners shall transact their business, and shall also provide books and stationery for said board of control, and may employ a county engineer, a superintendent, and such watchmen, janitors, and other employes as may be necessary to the care and custody of the court house and jail. Section 1012. The board of county commissioners shall prepare and adopt rules and regulations prescribing the manner in which accounts shall be made out against the county, how and by whom they shall be examined and certified, and how they shall be audited before being allowed and approved by said boards; and said rules and regulations shall also prescribe how monthly pay-rolls shall be made out by each of the county institutions, officers, and departments, and upon what evidence the auditor may draw his warrants for the same, which rules and regulations shall be transmitted to the board of control for amendment, approval, or rejection. SEC. 2. That said original sections 994, 995, 997, 1002, and 1012 are hereby repealed. SEC. 3. That this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. President pro tem. of the Senate. Passed January 31, 1881. [IIouse Bill No. 520.] AN ACT To provide an additional sum to complete and further improve fair grounds for the use of county agricultural associations. [HAMILTON COUNTY.] SECTION 1. Be it enactd by the General Assembly of the State of Ohio, That in any county of the state containing a city of the first grade of the first class, and having an agricultural society, organized under the laws of the state, the boards of directors of such agricultural society, whenever they deem it necessary to complete and further improve the fair grounds used by such society, shall, at a general meeting of said board, by a vote of at least two-thirds of all the members thereof, upon a call of the yeas and nays, pass a resolution for the purpose of securing the benefit of this act, declaring such necessity; and said board of directors shall then, within thirty days from the passage of said resolution, give notice, in writing, to the county commissioners of the county containing such fair grounds, of the necessity for completing and further improving the fair grounds, under the absolute control of such society, which notice shall contain, or have annexed thereto, a certified copy of said resolution, and shall be signed by the president and the secretary of said board of directors. SEC. 2. That after the filing of said notice the said county commissioners shall proceed to complete and further improve the fair grounds in use by such society, within a reasonable time, not to exceed four months, in such manner as the board of directors of such society may direct, but the total cost of said improvements, when completed, shall not exceed ten thousand ($10,000) dollars. SEC. 3. That the payment for said completion or further improvements shall be made by said county commissioners from any unappropriated funds in the county treasury at the time said payments are to be made, and if no such funds are in the county treasury at such times, then said county commissioners are hereby directed to issue the bonds of said county for such amounts as may be necessary for such improvements, not to exceed the amount provided for in section second of this act. Such bonds to bear interest at five per centum per annum, and to be payable at the office of the county commissioners at such time, not to exceed ten years from the date thereof, as said county commissioners shall determine; and to provide for the payment of the said bonds, the said county commissioners are hereby directed to levy such annual tax on all taxable property of the county as may be necessary therefor. Said levy shall be collected and accounted for as other county taxes are by the proper county officers. SEC. 4. That where the title to the ground and improvements occupied by agricultural societies in counties having a city of the first grade of the first class are vested in the county commissioners, the control, management, and leasing of such lands and improvements shall be vested absolutely in the board of directors of such |