THE FARMERS' HANDBOOK UNIV. OF CONTAINING LAWS OF OHIO Relating to Agriculture AND OF USE AND INTEREST TO ALL COUNTRY REVISED STATUTES OF OHIO BY THE SECRETARY OF AGRICULTURE. ALLIED PRINTING LABEL COUNCIL COLUMBUS, OHIO: FRED. J. HEER, STATE PRINTER. 1901. THE FARMERS' HANDBOOK OF THE LAWS OF OHIO. In compiling the laws contained in this pamphlet it has been the endeavor to include all that have any especial bearing on agriculture and agricultural pursuits and such as generally affect a resident of the country. The many requests received at the Department of Agriculture for laws relating to the different subjects herein contained have demonstrated the need of such a work and great care has been taken in its preparation. The laws have been copied from the latest edition of the Revised Statutes of Ohio, have been carefully compared so as to eliminate all errors, and will, I trust, be found correct in every particular. A complete index has been added to enable one to find readily any matter desired. It is hoped that the book will be found complete, and that it will be of great assistance to the farmers of Ohio. WELLS W. MILLER, Secretary. COLUMBUS, OHIO, May 28, 1901. (2) SEC. 405. [Appointment; terms; removals.] The governor, by and with the advice and consent of the senate, shall appoint five commissioners of fish and game, of whom not more than three shall belong to any one political party, one commissioner to serve for one year, one for two years, one for three years, one for four years, and one for five years, and at the expiration of the term of office of each member of the commission his successor shall be appointed for five years, who shall severally hold their office for five years, any one of whom may be removed by the governor at his pleasure. SEC. 406. [Bond and oath.] Each of the commissioners shall, before entering upon the discharge of his duties, give a bond to the state, with surety to the satisfaction of the governor, in the sum of two thousand dollars, conditioned for the faithful performance of the duties of his office, which bond, with the approval of the governor and the oath of office indorsed thereon, shall be deposited with the secretary of state. SEC. 407. [No compensation, but all expenses to be paid them.] The commissioners shall serve without compensation, but they shall be entitled to be paid all their expenses while engaged in the discharge of their duties, which expenses shall be paid to them on their own certificates, severally. SEC. 408. [Duties.] The commissioners shall examine the various rivers, lakes, ponds and streams in the state or bordering thereon, and ascertain whether they can be rendered more productive of fish and game, and what measures are required to effect this object, either in restoring the production of fish and game in and about them, or in protecting and propagating the fish which at present frequent and abound in them or otherwise; and the commissioners shall carry into effect all such measures, in this behalf, that they deem necessary, so far as means are placed at their disposal for these purposes; and they shall also inquire into the matter of artificial propagation of fish in the waters of the state, and adopt such plans to test the efficiency of this mode of increasing the quality of edible fish as they think best. SEC. 409. [Appointment of chief warden; special wardens for certain lakes; deputy state wardens and special deputy state wardens; term of office.] The commissioners shall, at their annual meeting in January, or at such time as they deem proper, appoint a chief warden who shall hold his office for one year, unless sooner removed by the commissioners. They may also appoint special wardens for Lake Erie, Buckeye Lake and Indian Lake, and for Mercer County reservoir of the state. They shall also appoint such number of deputy wardens as in their judgment are necessary to properly police the state. They may also appoint special deputy state wardens, when in their judgment they deem it necessary, who shall hold their offices for such time as the commissioners may direct, and who shall possess the same powers and perform the same duties as deputy state wardens, and they shall receive (3) 679539 such compensation for their services as the commissioners deem proper. The special wardens and deputy state wardens shall hold their offices for two years unless sooner removed by the commissioners. [Oath and bond.] The chief warden, special wardens and deputy-state wardens shall, before entering upon the discharge of their duties, each give a bond to the state of Ohio (the chief warden in the sum of two thousand dollars, and the special wardens and deputy state wardens in the sum of two hundred dollars) conditioned for the faithful discharge of their respective duties, which bonds shall be approved by and be deposited with the commissioners. [Salaries and fees.] The commissioners may allow the chief warden a salary not to exceed twelve hundred dollars per annum, and, in addition, his expenses (not exceeding six hundred dollars) incurred in the discharge of his duties. The commissioners may allow the special lake and reservoir wardens each a salary not to exceed three hundred dollars per annum. The salary and expenses of the chief warden, and the salaries of the special lake deputy state wardens, and reservoir wardens shall be paid out of the fund appropriated for the use of the commissioners. In addition to any other compensation, each warden shall be entitled to any fees which he may earn, which fees shall be the same as are paid sheriffs for similar services in criminal cases. The commissioners may also direct that any fines collected under prosecutions begun by any warden, shall be paid to such warden by the officer before whom the prosecution is had, or by whom the fine is collected; and, in addition thereto, may pay them such further compensation, out of any moneys received from gun licenses, as may be reasonable. [Division of state into county police districts.] For the purpose of effectively enforcing the laws for the protection of birds, fish and game, the commissioners shall divide the state into county police districts and assign to each such district at least one deputy state warden, who shall be a resident of the county, but who shall have power to act in any part of the state. SEC. 409a. [Duty and powers of said wardens.] It shall be the duty of the chief warden, special wardens, deputy state wardens and special deputy state wardens to enforce, within this state, all laws relating to the protection, preservation and propagation of birds, fish and game. The chief warden shall, under the direction of the commissioners, visit all parts of the state and direct and assist the special wardens, deputy state warden [and special deputy wardens] in the discharge of their duties. Each warden shall have full power to execute and serve all warrants and process of law issued for, in connection with, or growing out of the enforcement of any law relating to the protection, preservation or propagation of birds, fish and game, in the same manner and to a like extent, that any sheriff or constable may serve and execute such process; they may arrest on sight and without a warrant, any person detected by them in the act of violating any such laws; they shall have the same right as sheriffs to require aid in executing any process, or in arresting without process any person found by them in the act of violating any of said laws; and they shall have authority to seize without process, any birds, fish or game then found in the possession of any such person, which is so in possession contrary to law, together with the guns, nets, seines, traps or other devices with which the same were taken or killed, and forthwith convey such offender before a court or magis trate having jurisdiction of the offense, who shall, upon the filing by the warden of a proper complaint, proceed speedily to try and determine the truth of the charge. Such arrest may be made on Sunday, in which case the offender shall be taken before such court or magistrate, who may require bond for his appearance at the time fixed for the hearing of the complaint, which complaint shall be heard as soon as practicable on a week day following the arrest. In case the offender fails to give bond for his appearance (if any bond be required), the court may order him committed to the jail of the county, or to some other suitable place until the time set for the hearing of the complaint. It shall be the duty of all sheriffs, deputy sheriffs, constables and other police officers, to enforce all laws relating to the protection and propagation of birds, fish and game, and in their enforcement they shall have the same powers as are conferred upon the wardens, and they shall be entitled to like fees for similar services. Prosecutions by the wardens, or other police officers, for offenses not committed in their presence, shall be instituted only upon the approval of the prosecuting attorney of the county in which the offense is committed, or under the direction of the attorney general; and for his services the prosecuting attorney shall receive twenty per cent. of all fines assessed and collected upon prosecutions conducted by him. SEC. 409b. [Seizure of instruments used for unlawful catching of birds, fish or game.] Any gun, net, seine, trap or other device whatever used in the unlawful taking, catching or killing of birds, fish or game, is hereby declared to be a public nuisance and shall, upon lawful seizure by any warden or police officer, be deemed forfeited to the state; and it shall be the duty of every warden or other police officer, to seize any such property and institute proceedings for its forfeiture, as provided in section 409c, Revised Statutes. When any such gun, net, seine, trap or other device is seized and condemned, as provided in the next succeeding section hereof, the costs of such proceeding shall be adjudged against the owner or the user thereof at the time of the seizure, if known, which judgment shall be the first lien upon his property, and against which lien no exemption can be claimed. When a seizure of any such property has been made no writ of replevin shall lie to take it from the custody of the officer seizing it, or from the custody or jurisdiction of the court before whom such proceeding [is pending], but such property shall be held by such officer or court to await the final determination of such proceeding; and such proceeding shall in no wise affect or bar a criminal prosecution of the person so using such property in violation of law. No warden or other police officer shall be liable in damages to any person for or on account of any arrest, or for or on account of any search or examination of any package, parcel, box or other receptacle, or room, building, boat or other place, or for the seizure of any gun, net, seine, trap or other device, or birds, fish or game, when such arrest, search, examination or seizure is made in the discharge of his duties in accordance with the provisions of this act. SEC. 409c. [Proceedings for condemnation and forfeiture of said instruments.] When any gun, net, seine, trap or other device is seized as provided in section 4096 hereof, it shall be the duty of the warden or other officer seizing it, to safely keep such property in his possession, or under his control, and to institute, within three days, in the proper court of the county wherein such property is seized, proceedings for its condemnation and forfeiture. Such proceedings shall |
