Price of li cense exceeding ten dollars, to be recovered before any justice of the peace of the proper township, by any person prosecuting for the same. Sec. 11. Be it further enacted, That the commissioners shall, at their annual meeting in June, fix the price of tavern license in every city, borough, town, village and township within the county, which shall not be less than four dollars, nor more than twelve dollars, having special res pect to the situation and circumstances of the place, the probable advantage that may arise to the person licensed, and the utility to the public; (but no discrimination shall be made in the price of license in the same city, borough, town or village, on the same road through any township) and shall, at the same time, determine and fix the price of license for every ferry kept within the county, or on the waters bounding the same, which shall not be less than one dollar nor more than eighteen dollars, having special respect to the value, situation and income of the ferry; and they shall, in like manner, fix the rates of ferriages, which the ferry-keeper may demand and Rates of fer receive, for the transportation of persons or proriage perty, which shall not exceed ten cents for each foot person; twenty cents for man and horse; one dollar for a loaded waggon and team; seventy-five cents for any other four wheeled carriage, or empty waggon and team; fifty cents for a loaded cart and team; thirty-seven and a half cents for an empty cart and team, sled or sleigh and team; ten cents for every horse, mare, mule, ass or head of neat cattle; three cents for every sheep or hog. It shall be the duty of the commissioners to furnish every person taking out a license to keep a ferry, with a list of the rates of ferriages, which list the ferry-keeper shall have posted upon the door of his ferry-house; and it shall be the further duty of the commissioners, immediately after their annual meeting in June, to furnish the clerk of the court with a list of the price of the tavern license for each township in their respective counties, and also a list of the price of license to be paid by each keeper of a ferry. Clerk to de liver a list of Sec. 12. Be it further enacted, That the clerk of the court of common pleas, of each county in this state, shall, on the first day of each term of ferries, &c. the court, deliver to the grand jury an accurate to grand jury list of all persons holding license under the authority of this act; and it shall be the duty of the grand jury to make enquiry and to give information of any violations of this act, except in such cases where jurisdiction is given to justices of the peace, and on sufficient proof of the offence, to find a bill of indictment against the offender. the state Sec. 13. Be it further enacted, That all ac- Suits to be tions or suits brought under the authority of this brought in act, shall be in the name of the state of Ohio; the name of and all fines and forfeitures incurred under this act, which may be recovered, shall be paid to the sheriff or constable (as the case may be) who serves the process, and the court taking cognizance thereof, shall keep a record of the same; and the sheriffs and constables shall pay all fines Fines by by them received, by virtue of this act, into the whom co! county treasury, within twenty days after receiv. lected ing the same, taking the treasurer's receipt therefor, a true copy of which they shall deliver to the commissioners before their next annual meeting; and the justices of the peace, and the clerks of the court before whom any fine is recovered, shall make out an accurate list thereof, and forward the same to the commissioners at their annual meeting in June; and the clerks of the courts of common pleas shall, at the same time, Penalty for neglect Persons ag make out and forward, in like manner, an accurate list of all licenses by them issued during the last year, with the prices thereof. Sec. 14. Be it further enacted, That if any justice of the peace, clerk of the court of common pleas, sheriff or constable, shall neglect or fail to comply with the requisitions of this act, the person so offending shall forfeit and pay, for every such offence, a sum not exceeding fifty dollars, at the discretion of any justice of the peace of the proper township, to be recovered on suit of the commissioners, for the use of the County: Provided, That in all cases, in this act made cognizable before a justice of the peace, either party may appeal to the court of common pleas, by entering bail as in other cases. Sec. 15. BE it further enacted, That any per, son feeling aggrieved by the commissioners, in grieved may fixing the price of licenses or rates of ferriages, appeal may have an appeal to the court of common pleas, by notifying the commissioners of their intention, the ground of their complaint, the time and place of trial, at least ten days before the time fixed upon; and the court of common pleas shall, at their next meeting, hear and determine in the case, and see that right and justice be done. Repealing clause Comen e me.. Sec. 16. And be it further enacted, That all laws and parts of laws, relating to the subject of this act, are hereby repealed. This act shall take effect and be in force, from and after the first day of June next. EDWARD TIFFIN, Speaker of the house of representatives. DUNCAN M'ARTHUR, February 8th, 1810. Speaker of the senate. CHAPTER XCII. An act defining the duties of persons taking up estray animals; and securing, to the owners, boats and other water crafts found going adrift. Sec. 1. Be it enacted by the general assem- Landholders bly of the state of Ohio, That it shall be lawmay take up ful for any person holding land in this state, by estrays deed, title, bond or lease, for one or more years, and being in possession thereof, to take up any estrays running at large, within the township where such taker up resides: Provided, That no person shall be allowed to take up any neat cattle or hogs after the first day of April, and before the first day of November, annually. Sec. 2. Be it further enacted, That every Duty of per person taking up any estray or estrays, shall ad- sons taking vertise the same in writing, within five days, at up estrays three public places, within the township where the taker up resides, giving an accurate description of the marks, brands, color, size and supposed age of such estray or estrays; and if no person shall claim and prove his or her right to such estray or estrays, within twenty days after such advertisement, the taker up shall go before a justice of the peace within the township, and make oath where he found such estray or estrays, and that he hath neither trimmed, docked nor altered the brands or marks of such estray or estrays, or suffered the same to be done, whilst such estray was under his care; and the Duty of said justice shall issue an order to two respect- justice able freeholders or householders, to be named in such order, commanding them forthwith to view and appraise such estray or estrays, and to return to him, upon oath or affirmation, their appraisement, with a true and accurate descrip tion of the marks, brands, size, color and sup posed age of such estray, and the taker up shall give notice of such order to the parties therein named; and upon the return being made of the appraisement and description as aforesaid, such justice shall record the same in a book to be by him provided for that purpose, together with the names of the taker up and appraisers, and transmit such appraisement, within fifteen days, to the clerk of the court of common pleas of the county, who shall record the same in his estray Clerk's duty book, and file the original in his office; and in all cases where the estray shall be a horse, mare or gelding, it shall be the duty of such justice, within twenty days after he shall have received such return from the freeholders or householders as aforesaid, to transmit a certified copy thereof, by post or otherwise, to some printer within the state, with a request to such printer to insert the same in his newspaper for three weeks successively; and the taker up of such Taker up to estray shall deposit with such justice the sum deposit lees of one dollar, to be paid by the justice to the printer who may publish the same, and also, the sum of twenty-five cents for the expense of conveying the copy aforesaid to the printer; and in all cases, the taker up of any estray as aforesaid shall pay to the justice, for his services under this act, the sum of fifty cents, and also deposit with him the sum of twenty-five cents, to be transmitted by such justice to the clerk of the court of common pleas, with the appraisement aforesaid, for his services under this act : Provided, That if two or more estrays of the same species shall be taken up by one person, at the same time, they shall be included in the same entry, and in such case the justice and clerk aforesaid shall receive no more than for with justice Proviso |