SEC. 3. If it shall be found necessary to protect any ditch, drain, or water-course constructed or to be constructed under said act to which this is supplementary, from being washed out by high water, freshets, or otherwise, that any portion of the same shall be rip-rapped or otherwise protected by stone or timber, the said trustees, in their final order, may direct such additional work to be done, particularly describing its kind and character, and the particular place or places, and the sections on which the same shall be done, and by whom. SEC. 4. This act shall take effect and be in force from and after is passage. JOINT RESOLUTION Authorizing the printing and dist ..on of agricultural reports. . Resolved by the General Assembly of state of Ohio, That the secretary of state be authorized and required by law, under and in accordance with a law passed March 24, 1860, to provide for the execution and supervision of the state printing and binding, under the joint supervision of supervisor of state printing, and the secretary of the state board of agriculture, to have printed and bound twenty thousand copies of the report of the state board of agriculture for the year 1877, and twenty thousand copies of the report for the year 1878, of which ten per cent. will be printed in German, and the size of the type and mechanical execution to conform to the report of said board for the year 1876; three thousand copies of the report of 1877, and three thousand copies of the report of 1878 to be subject to the order of the state board of agriculture, for exchange and foreign distribution; sixteen thousand copies of the report of each of said years 1877 and 1878 the secretary of state shall apportion among the present members of the general assembly, the number of German copies for each member to be determined by list, to be furnished the said secretary of state by the committee on agriculture in each house, on which list shall be stated the names of members desiring German copies, and the number desired by each; said reports shall be boxed up and directed to the care of the county auditor in the county in which they respectively reside; and it shall be the duty of the said county auditor to notify the respective members within ten days after the receipt of said report, and if not removed by the person to whom directed, or on his written order, within thirty days, then the reports are to be delivered by the auditor to the secretary of the county agricultural society for distribution. The charge for the transportation of the said reports, as well as all the charges for boxes, shall be paid for in the same manner as is or may be provided by law for the distribution of the laws and journals: provided, that said copies shall be printed and delivered to the state binder not later than the fifteenth day of July, 1877 and 1878, respectively. AN ACT To compel owners of hedge fences on partition lines and along public highways to keep the sa ne within certain limits. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be unlawful for the owner or owners of any hedge fence on a partition line or along a public highway to permit said fence to remain of a greater height than six feet, or of a greater width than six feet, for a longer period than six months, or leave the cuttings from the same on the public highway for a greater length of time than ten days. SEC. 2. Any person or persons who shall violate the first section of this act shall be liable to the person damaged in any sum not exceeding twenty cents per rod of such hedge fence, and if the hedge be along a public highway, he or they shall be liable to the township trustees of the township in which such hedge is located, in any sum not exceeding fifteen cents per rod of such fence: provided, however, before judgment is rendered it shall appear by affidavit that the party or parties complained against shall have had at least twenty days' notice before suit is begun, from the party complaining that such hedge is unlawful, and that unless cut to a proper height within twenty days suit will be commenced for such violation of law. SEC. 3. All actions under this act shall be brought upon complaint of the person damaged, before any justice of the peace in the township where the hedge is located, or if the hedge be along a public highway, the complaint shall be made by the supervisor of the road in whose district the hedge may be. All fines assessed against any person for a violation of the act as regards highways, shall be paid into the township treasury and be credited to the road fund. SEC. 4. This act shall be in force from its passage. AN ACT To cure defects in the establishment of ditches.. SECTION 1 Be it enacted by the General Assembly of the State of Ohio, That the collection of taxes or assessments levied or ordered to be levied to pay for the location and construction of any ditch, drain, or water-course laid out and constructed under any law of this state, shall not be perpetually enjoined or declared absolutely void in consequence of any error committed by the engineer or surveyor, or by the county auditor, or by the county commissioners, in the location and establishment thereof; nor by reason of any error or informality appearing on the record of the proceedings, by which any such ditch, drain, or water course shall have been located or established; nor by reason of any error committed by the county auditor, county commissioners, or by the engineer or surveyor, in respect to the letting of uncompleted work, or the levying or assessment of any tax or assessment for the labor and expense of constructing such uncompleted portion, or section, or allotment of such ditch; but the court in which any proceeding is now pending, or may hereafter be brought, to recover, or to declare void the proceedings by which any ditch, drain, or water-course has been located or established, or to enjoin the tax or assessment levied, or ordered to be levied, to pay for the labor and expense aforesaid, shall, if there be manifest error in said proceedings, set the same aside, and allow the plaintiff in the action to come in and show that he has been injured thereby; and the court may, on application of either party, appoint such person or persons to examine the premises, or to survey the same, or both, as may be deemed necessary; and the court shall, on final hearing, make such order in the premises as shall be just and equitable, and may order such tax or assessment to remain on the duplicate for collection, or order the same to be levied, or may perpetually enjoin the same, or any part thereof, or if the same shall have been paid under protest, shall order the whole, or such part thereof as may be just and equitable, to be refunded, the costs of said proceeding to be apportioned among the parties, or to be paid out of the county treasury, as justice may require. SEC. 2. The act of March 24, 1864 (61 v. 57; S. & S. 321), entitled "an act supplementary to the act entitled an act to provide for locating, establishing, and constructing ditches, drains, and water-courses," passed March 27, 1861, is hereby repealed; and this act shall take effect from its passage. Passed May 11, 1878. AN ACT To prevent the introduction and spread of a cattle disease, commonly known as Texas or Spanish fever, by the importation and introduction of cattle into the state of Ohio, infected with or liable to impart to other cattle said disease, and providing for the punishment of, and the recovery of damages caused by the introduction of such diseased cattle from, owners of such cattle. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be unlawful for any person to bring into the state of Ohio any cattle infected with the disease commonly known as the "Texas, or Spanish fever," or any cattle liable to impart said fever to other cattle: provided, that this section shall not include common carriers who are not the owners of the cattle. SEC. 2. Any person violating the provisions of this act, shall be deemed and held to be guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding five hundred dollars nor less than fifty dollars; and shall, moreover, be liable to any party injured by bringing such cattle into the state, in the amount of any loss occasioned thereby. SEC. 3. Whenever any Texas or Cherokee cattle, liable to impart said disease, shall be brought into the state of Ohio, and any such disease as "Texas or Spanish fever" shall make its appearance within sixty days, and infect other cattle with said disease, that have been on the same highway, common, or pasture ground traveled over by such Texas or Cherokee cattle, such fact shall be deemed and taken as prima facia evidence, in actions to recover damages, that said Texas or Cherokee cattle were infected with the disease known as the "Texas or Spanish fever," and that they did impart said disease, and the owner or owners of said Texas or Cherokee cattle at the time of the bringing of said cattle into the state, and the owner or owners of said cattle at the time said disease shall make its appearance, shall be jointly or severally liable for any damages resulting from said disease. SEC. 4. This act shall take effect and be in force from and after its passage. ** |
