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pose and file the same with the probate judge of the proper county; and thereupon the same proceedings of appropriation shall be had which are provided for the appropriation of private property by municipal corporations, said board to act for such society therein as the council would for the municipal corporation. 89 v. 52.
(§ 3713-11.) Sec. 2. Board of directors to prosecute pro
ceedingsThat if, under any existing law, it is made the duty of the county commissioners to purchase any such additional grounds for the use of any such society, said board of directors shall prosecute the said proceedings of appropriation to their final conclusion, except so far as relates to payment, or any part of the purchase-money, before said commissioners shall be called upon to act in the matter. All such payments or deposits, not exceeding fifteen thousand dollars ($15,000) in amount, shall be made by said commissioners when required so to do by said board of directors, or by the court, and no delay on the part of said commissioners shall defeat or prevent the purchase or appropriation aforesaid. 77 0. L. 128.
SOCIETIES TO PREVENT CRUELTY TO ANIMALS. SECTION
SECTION 3714. Ohio state society.
3721, Interpretation of certain words. 3715. Other societies authorized.
3722. Officers may require policemen to act. 3716. How incorporated.
3723 A person guilty is liable in damages. 3717. May elect officers, and make regula
3724. Conviction of agent no bar to action tions.
against principal. 3718. May appoint agents to enforce the law.
3725. Any person may care for animals un. 3718a. Jurisdiction and trial in such cases.
lawfully impounded. 3719. Magistrates may authorize certain in
3725a. When incurable animal may be killed. spections.
Child taken from parents by humane 37192. Arrest, foreclose, etc.; penalty.
society. 3720. Police powers of officers and agents. 3725-2. Orders of court concerning same.
$ 3714. “Ohio Humane Society”-Powers, etc.
The Ohio state society for the prevention of cruelty to animals, heretofore incorporated, shall be and remain a body corporate, under the name of “the Ohio humane society,” with all the powers, privileges, immunities, and duties heretofore possessed by said Ohio state society for prevention of cruelty to animals, hereinafter specified as to county associations, and may appoint any person, in any county in this state where there is no such active association, to represent the state society, and to receive and account for all funds coming to the society, from fines or otherwise.
The objects of said society and all societies heretofore or hereafter organized under sections 3715 and 3716 of the Revised Statutes, shall be the inculcation of humane principles, and to secure the enforcement of laws for the prevention of cruelty, especially to children and animals, to promote which object the said societies may respectively acquire property, real or personal, by purchase or gift.
All property acquired by gift, devise, or bequest, for special purposes, shall be vested in a board of trustees consisting of three members elected by the society, which board shall manage said property, and apply the same in accordance with the terms of the gift, derise, or bequest, with power to sell the same and re-invest the proceeds.
Said society may elect such officers, and make such rules and regulations and by-laws as may be deemed necessary or expedient by their members for their own government and the proper management of their affairs.
Said society may appoint agents in any county of this state, where no active society exists under sections 3715 and 3716 of the Revised Statutes to represent the society, and receive and account for all funds coming to the society from fines or otherwise, and may also appoint agents at large to prosecute the work of said society throughout the state.
The agents of said society and of all societies heretofore or hereafter organized under sections 3715 and 3716 of the Revised Statutes, whose appointment has been approved as hereinafter provided, shall have power to arrest any person found violating any law for the protection of persons or animals, or the prevention of cruelty thereto, and upon making such arrest shall forthwith convey the person arrested before some court or magistrate having jurisdiction of the offense, and there make complaint against them, but said agents shall not be authorized to make such arrests within any municipal corporation unless their appointment has been approved by the mayor thereof, nor within any county beyond the limits of a municipal corporation, unless their appointment has been approved by the probate judge of said county, and the mayor or probate judge shall keep a record of all such appointments.
Branches of the society consisting of not less than ten members may be organized in any part of the state to prosecute the work of the society in their several localities, under rules and regulations prescribed by the society.
Societies for the prevention of acts of cruelty to animals, organized in any county under section 3715, may become branches of said society by resolution adopted at a meeting thereof called for that purpose, a copy of which resolution shall be forwarded to the secretary of state. 84 0. L. 207.
$ 3715. Other societies authorized
Societies for the prevention of acts of cruelty to animals may be organized in any county, by the association of not less than seven persons, and the members thereof shall, at a meeting called for the purpose, elect not less than three of their members directors, who shall continue in office until their successors are duly chosen. 72 V. 129, § 12.
$ 3716. How incorporated
The secretary or clerk of the meeting shall make a true record of the proceedings thereat, which he shall certify, and forward to the secretary of state, who shall record the same; the record shall contain the name by which such association shall have determined to be known, and from and after the filing of the same the directors and associates, and their successors, shall be invested with the powers, privileges, and immunities incident to incorporated companies; and a copy of the record, duly certified by the secretary of state, shall be deemed and taken, in all courts and places in this state, as evidence that such association is a duly organized and incorporated body. 72 v. 129, $13.
$ 3717. May elect officers and make regulations
Such associations may elect such officers, and make such rules, regulations, and by-laws, as may be deemed necessary or expedient by their members for their own government, and the proper management of their affairs.
72 v. 129, S 15.
$ 3718. May appoint agents to enforce law
Such associations may appoint agents for the purpose of prosecuting any person guilty of any act of cruelty to persons or animals within this state, who shall have power to arrest any person found violating any of the provisions of this chapter, or any other law, for the purpose of protecting persons or animals, or preventing any act of cruelty thereto; and, upon making such arrest, such agent shall convey the person so arrested before some court or magistrate having jurisdiction of the offense, within the municipal corporation or county wherein the offense was committed, and there forthwith make complaint, on oath oș affirmation, of the offense; but all appointments by such associations under this section must have the approval of the mayor of the city or village in which the association exists, and if it exists outside of any city or village, the appointments must be approved by the probate judge of the county; and the mayor or probate judge shall keep a record of all such appointments. 81 0. L. 181.
$ 3718a. Jurisdiction of justices, police judges and mayors,
in prosecutions for adulteration and crueltyJudicial proceedings in such causes before justices---Costs-Attorney in prosecuting such
Any justice of the peace within his county and city, and police judge or mayor of any city or village, within his city or village, shall have jurisdiction in cases of violation of the laws to prevent adulteration of food and drink, the adulteration and deception in sale of dairy products, and drugs and medicines, and any violation of the law for prevention of cruelty to animals, or under section sixty-nine hundred and eighty-four of Revised Statutes or section 6984a thereof, as herein enacted. If such prosecutions be before a justice of the peace and a trial by jury be not waived the said justice shall issue a venire to any constable of the county, containing the names of sixteen electors of the county to serve as jurors to try such case and make due return thereof. Each party shall be entitled to two peremptory challenges, and shall be subject to same challenges as jurors are subject to in criminal cases in court of common pleas. If the venire of sixteen names be exhausted without obtaining the required number to fill the panel, the justice may direct the constable to summon any of the bystanders to act as jurors; provided, that in all cases prosecuted under the provisions of this section, no costs shall be required to be advanced or paid by person or persons authorized under the law to prosecute such cases; and provided, further, that in all cases brought under the provisions of this section, if the defendant be acquitted, or if convicted and committed in default of paying fine and costs, the costs of each case shall be certified under oath to county auditor, who, after correcting the same, shall issue a warrant on county treasurer, in favor of the person or persons to whom such costs and fees shall be paid. And in cases brought for any violation of law for the prevention of cruelty to animals, or under section sixty-nine hundred and eighty-four of Revised Statutes, or under section 6984a or 7017-3 thereof, the humane society or their agents, may employ an attorney to prosecute the same, who shall be paid for his services out of the county treasury, as the couny commissioners may deem just and reasonable. 94 0. L. 91.
$ 3719. Magistrate may authorize certain inspections
When complaint is made, on oath or affirmation, to a magistrate or court authorized to issue warrants in criminal cases, that the complainant believes that any of the provisions of law relating to or affecting animals are being or are about to be violated in any particular building or place, such magistrate or court shall issue and deliver immediately a warrant directed to any sheriff, constable, police officer, or agent of such association, authorizing him to enter and search such building or place, and to arrest any person there present violating or attempting to violate any such law, and to bring such person before some court or magistrate of competent jurisdiction within the city, village or county within which such offense has been committed, to be dealt with according to law; and such attempt shall be held to be a violation of such law, and shall subject the person charged therewith, if found guilty, to the penalties provided therein. 72 V. 129, § 17.
$ 3719a. Examination-Penalty
When a sheriff, constable, marshal, police officer, or any agent for any duly incorporated society for the prevention of cruelty to animals has reason to believe that any person within his jurisdiction is about to violate the provisions of section sixty-nine hundred and fifty-two of the revised statutes, he shall forthwith arrest