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Sheriffs, constables, &c., required to render service.

Annual publication of statement.

mence business, and at least ten per cent. of the stock so taken shall be paid before any business shall be done by such corporation, and each stockholder shall be liable over and above the stock by him or her owned, and any amount paid thereon, to a further sum equal in amount to such stock.

SEC. 4. They shall have power to require the sheriff of every county, the constable of any township, and the marshal or policemen of any city or incorporated village of this state, when the laws for the prevention of cruelty to animals have been violated, to take possession of any animal or animals cruelly treated, contrary to law, in their respective counties, townships, cities or incorporated villages, and deliver the same to the proper officers of such corporation; and for such services the officers shall be allowed and paid by such corporation such fees as they are allowed for like services in other cases; which fees, so paid by such corporation, shall be charged and collected as a part of the costs in cases where any person shall be convicted of a violation of such laws, and shall be paid over to such corporation.

SEC. 5. They shall publish in at least one newspaper of general circulation in this state a detailed statement of their operations, at least once in twelve months.

SEC. 6. This act to take effect on its passage.

N. H. VAN VORHES,

Speaker of the House of Representatives.
ALLAN T. BRINSMADE,

Passed April 15, 1873.

President pro tem. of the Senate.

List of property exempt from execution.

AN ACT

To exempt specific articles of personal property from execution.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That every person who has a family, and every widow, shall hold the following property exempt from execu tion or sale for any debt, damages, fine or amercement, to wit:

First-The wearing apparel of such person or family; the beds, bedsteads and bedding necessary for the use of the same; one cooking stove and pipe; one stove and pipe used for warming the dwelling, together with an amount of fuel sufficient for the period of sixty days, actually provided and designed for the use of such person or family.

Second-One cow, or, if the debtor own no cow, household furniture, to be selected by him, not exceeding thirty-five dollars in value; two swine, or the pork thereof, or, if the debtor own no swine, household furniture, to be selected by him or her, not exceeding fifteen dollars in value; six sheep, the wool shorn from them and the cloth or other articles manufactured therefrom, or, in lieu thereof, household furniture, to be selected by the debtor, not exceeding fifteen

dollars in value, and sufficient food for such animals, when owned by the debtor, for the period of sixty days.

Third-The Bibles, hymn books, psalm books, testaments and school books used in the family, and all family pictures. Fourth-An amount of provision actually provided and designed for the use of such person or family, not exceeding fifty dollars, to be selected by the debtor; and such other articles of household and kitchen furniture, or either, necessary for such person or persons, to be selected by the debtor, not exceeding fifty dollars in value.

Fifth-One sewing machine; one knitting machine; the tools and implements of the debtor necessary for carrying on his or her trade or business, whether mechanical or agricultural, to be selected by him or her, not exceeding one hundred dollars in value.

Sixth-The personal earnings of the debtor, and the personal earnings of his or her minor child or children, for any time not exceeding three months previous to the rendition of the judgment or the assessment of the fine or amercement upon which execution is issued, when it shall be made to appear, by the affidavit of the debtor or otherwise, that such earnings are necessary to the support of such debtor or of his or her family.

Seventh-All articles, specimens and cabinets of natural history or science, whether animal, vegetable or mineral, except such as may be kept or intended for show or exhibition for money or pecuniary gain.

SEC. 2. Every person, being the head of a family, who shall be engaged in the business of draying for a livelihood, shall, in addition to the foregoing exemptions, hold one horse, harness and dray exempt from execution; and every such person who shall be engaged in the business of agriculture shall, in addition to the exemptions provided for in the first section of this act, hold exempt from execution one horse or one yoke of cattle, with the necessary gearing for the same, and one wagon; and any such person being engaged in the practice of medicine shall, in addition to the said exemptions in said first section, hold one horse, one saddle and bridle, and books, medicines and instruments, pertaining to his profession, not exceeding one hundred dollars in value, exempt from execution.

SEC. 3. In all cases where it is necessary to ascertain the amount or value of property exempt under this act, the same shall be estimated and appraised by two disinterested housebolders of the county, to be selected by the officers holding the execution.

SEC. 4. That an act entitled "An act to regulate judgments and executions at law," passed March 1, 1831, passed March 9, 1840; an act entitled "An act explanatory of the fifth clause of the first section of the act entitled 'an act to amend an act entitled an act to regulate judgments and executions at law," passed March 9, 1840, passed March 4, 1844; an act entitled "An act to amend the several acts now in force regu lating judgments and executions," passed February 18, 1848; an act entitled "An act to exempt from levy and sale upon

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execution certain articles therein named ;" an act entitled "An act to exempt from levy and sale upon execution a certain article therein named," passed March 20, 1867; and an act entitled "An act to exempt personal earnings from applica tion to the payment of debts in certain cases," passed May 8, 1868, be and the same hereby are repealed.

SEC. 5. This act shall take effect from and after its passage.

N. H. VAN VORHES,
Speaker of the House of Representatives.
ALLAN T. BRINSMADE,

Passed April 16, 1873.

President pro tem. of the Senate.

Petitions for laying out, altering or vacating

county roads.

Bond, its collection, etc.

AN ACT

To amend section two of an act entitled "An act for opening and regulating Roads and Highways," passed January 27th, 1853, as amended April 5th, 1856. (S. & C., page 1290.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section two of the above recited act be amended so as to read as follows:

Section 2. That all applications for laying out, altering or vacating any county road, or for altering or vacating any state road within the county, shall be by petition to the county commissioners, signed by at least twelve freeholders of the county residing in the vicinity where said road is to be laid out, viewed or reviewed, altered or vacated, and one or more of the signers to any petition presented as aforesaid, shall enter into bond with sufficient security, payable to the state of Ohio, for the use of the county, conditioned that the person or persons making such application shall pay into the treasury of the county the amount of all costs and expenses accruing thereon in case the said application shall fail, and in case the said application shall not fail, the commissioners may, in their dis cretion, order the said petitioners to pay any or all costs and expenses of such application, or may pay all or any portion thereof out of the county treasury; and in every case where the commissioners shall make such an order, and the petitioners shall fail, neglect or refuse to pay the said costs and expenses, then the persons signing said bond shall be liable thereon for the full amount of all the costs and expenses of said application, and the auditor of the county shall deliver such bond to the prosecuting attorney, whose duty it shall be to collect and pay over the same to the county treasurer; in all cases of contest the court having jurisdiction of the

and

case shall have full power to render judgment for costs according to justice between the parties.

SEC. 2. That original section two of the above recited act be and the same is hereby repealed.

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

N. H. VAN VORHES,

Speaker of the House of Representatives.

ALLAN T. BRINSMADE,
President pro tem. of the Senate.

Passed April 16, 1873.

AN ACT

To amend section eleven of an act entitled "An act to amend sections one, two, four, five, six and eleven of an act entitled an act to authorize the County Commissioners to construct roads on petition of a majority of the resident land owners along and adjacent to the line of said road, and to repeal an act therein named," passed March 29, 1867, passed March 31, 1868. (S. &. S., page 673.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section eleven of the above entitled act be amended so as to read as follows:

Section 11. The commissioners shall have power to receive subscription and donations in money or property, real or personal, which shall be applied to the construction or improvement of said road; and the commissioners shall have the power to contract for and purchase such stone, gravel or other material, as may be necessary for the construction and keeping in repair of said road; and if the commissioners and owner or owners of such stone, gravel or other material cannot agree on a price deemed fair and reasonable, the commissioners may apply to the judge of the probate court of the county, or if such stone, gravel or other material shall be located in another county than that in which the road is located, then the commissioners of the county in which the road is located shall apply to the judge of the probate court of the county in which such stone, gravel or other material is located, to appoint appraisers to assess the value of said stone, gravel or other material; and on the filing of such application, it shall be the duty of the probate judge before whom such application is filed to appoint three disinterested freeholders, who, after being duly sworn to impartially assess the value of the said stone, gravel or other material, or any part of the same, shall enter upon the premises of the owner or owners of said stone, gravel or other material, and assess the value thereof; they shall also assess the damages that will accrue to the owner or owners of said stone, gravel or other material by the removing of the same, through the premises of such owner or

How mate

rials for road

may be obtained.

Appeal from decision of appraisers.

owners; the appraisers shall, within ten days after their appointment, return their award to the probate court; the judge of the probate court shall, upon the return of said award, on application of the commissioners, furnish them a copy of said award; thereupon said commissioners may euter upon the lands either inclosed or uninclosed, and remove such stone, gravel or other material as may be required to make or improve such road. An appeal from the decision of the appraisers may be allowed to the court of common pleas, if taken within thirty days after the rendering of such award; but such appeal shall not prevent the immediate entry upon the premises by the commissioners, for the purpose of taking said stone, gravel or other material; and if the court of common pleas should render a judgment for not more than the appraisers' allowance, the appellant shall pay all the costs accruing from such appeal.

SEC. 2. Section eleven of the above recited act is hereby repealed.

SEC. 3. This act shall be in force from and after its passage.

N. H. VAN VORHES,

Speaker of the House of Representatives.
ALLAN T. BRINSMADE,

President pro tem. of the Senate.

Passed April 16, 1873.

Tax au

thorized to

ditional

cemetery

ground.

AN ACT

Relating to Township Cemeterics.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in any township in this state in which purchase ad- there may be a cemetery owned, or partly owned by such township, if, in the opinion of the trustees of the township, it is desirable to add to the area of such cemetery by the purchase of additional grounds, they shall have authority for that purpose to levy a tax not to exceed one half of one mill on the taxable property of said township, for a period not to exceed five years, which shall be collected as other taxes are, and appropriated to the purchase of such additional cemetery grounds, which shall become part of said township cemetery, to be governed in all respects as provided by law.

Sale of lots, and deeds therefor.

SEC. 2. That section two of an act passed April 17th, 1857, entitled "An act to regulate township and other cemeteries," (S. & C., vol., 1, p. 228,) be amended to read as follows:

Section 2. That it shall be lawful for the trustees of said township, for the purpose of grading, improving and embellishing said cemetery ground, after proper notice shall have been given, to proceed to sell in such manner and at such time and on such terms as in their judgment may be deemed

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