ipal court subsequently, shall be held by said clerk and remitted to the justices of the peace or constables, as the case may be, who are entitled thereto as fees for services rendered prior to the abolishment of said. offices. Sec. 1579-957. Abolishment of certain courts and offices. SECTION 48. On and after the first day of January, 1928, the office of judge of the police or mayor's court of the city of Lakewood, the offices of justice of the peace of the city and justice court of the city of Lakewood and Rockport township, Cuyahoga county, and the offices of constable in and for Rockport township, city of Lakewood, Cuyahoga county, shall be and the same are hereby abolished. EARL D. BLOOM, President of the Senate. O. C. GRAY, Speaker of the House of Representatives. Passed February 23, 1927. This bill was presented to the Governor, March 9, 1927, and was not signed or returned to the Senate wherein it originated within ten days after being so presented, exclusive of Sundays and the day said bill was presented, and was filed in the office of the Secretary of State March 22, 1927. S. P. DUNKLE, Veto Clerk. The sectional numbers on the margin hereof are designated as provided by law. Filed in the office of the Secretary of State at Columbus, Ohio, on the 22nd day of March, A. D. 1927. 16B (House Bill No. 134) CLARENCE J. BROWN, Secretary of State. AN ACT Providing for the quarantine and control of the European corn Be it enacted by the General Assembly of the State of Ohio: SECTION I. That in order to protect the agricultural and horticultural crops of the state from the ravages of the European corn borer (pyrausta nubilalis), accidentally established within the state, and now 6 G. L. seriously and destructively infesting a limited area in the state, the department of agriculture shall adopt and carry out such control measures as are deemed advisable, and shall cooperate with the United States department of agriculture in the control of this pest. Sec. 1140-13. Powers and duties of department relative to quarantine. SECTION 2. The department of agriculture is authorized to promulgate quarantines and quarantine restrictions covering areas within the state affected by said pest and areas within the state adjacent thereto, and may adopt, issue and enforce rules and regulations supplemental to such quarantines for the control of this pest. Under such quarantines, the department of agriculture or its authorized agents may prohibit and prevent the movement within the state without inspection, or the shipment or transportation within the state, of any agricultural or horticultural product, or any other material of any character whatsoever, capable of carrying this pest in any living state of its development; and, in the enforcement of such quarantine, may intercept, stop, and detain for official inspection any person, car, vessel, boat, truck, automobile, aircraft, wagon, or other vehicles or carriers whether air, land or water, or any container believed or known to be carrying the said insect in any living state of its development or any such material, in violation of said quarantines or of the rules or regulations issued supplemental thereto, and may seize, possess, and destroy any agricultural or horticultural product or other material of any character whatsoever, moved, shipped, or transported in violation of such quarantines or the rules and regulations supplemental thereto. Sec. 1140-14. Right of access granted to authorized agents. SECTION 3. For the purpose of this act, the department of agriculture, or its authorized agents, shall have free access within reasonable hours to any farm, field, orchard, garden, elevator, warehouse, building, cellar, freight or express office or car, freight yard, vehicle, vessel, boat, container, or any other place which, for probable cause, it may be necessary or desirable for such authorized agents to enter in carrying out the provisions of this act. It shall be unlawful to deny such access to such authorized agents or to hinder, thwart, or defeat such inspection or entrance by misrepresentation or concealment of facts or conditions, or otherwise. Sec. 1140-15. Penalties; final jurisdiction; collection and disposition of fines. SECTION 4. Any person, co-partnership, association, or corporation, violating any provision of a quarantine promulgated under the authority of this act, or of any rules and regulations issued supplemental thereto, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars for each offense. The probate judge shall have final jurisdiction within his county in a prosecution for a violation of any of the provisions of this act. Any person convicted of a violation of this act may not be imprisoned for more than five days for the non-payment of a fine. The fines collected under this act shall be paid to the department of agriculture and by it paid into the state treasury. Sec. 1140-16. Enforcement of orders of department; penalty for failure or neglect. SECTION 5. Wherever treatment or destruction of any agricultural or horticultural product, whether in field, feed lot, place of assemblage or storage, or elsewhere, or whenever any special type of plowing or other farm operation is required under the provisions of any rule or regulation issued under the authority of this act, the owner or person having charge of such material or land shall, upon due notice from the department of agriculture, or its authorized agents, and within the time limit provided, cause the destruction or treatment of such material or take the action so required, in the manner designated by such notice. In case the owner or person in charge of such material or land shall refuse or neglect to carry out such instructions within the time limit provided, the department of agriculture, or its authorized agents, may take the action so required and the expense thereof or such portion thereof as the department of agriculture may determine shall be assessed, collected, and enforced as taxes are collected and enforced, against the owner of the premises upon which such expense was incurred. The amount of such expense when collected shall be paid to the department of agriculture and by it paid into the state treasury, provided, that such portion of the amount, so assessed, collected, and enforced, against the owner of such premises and paid into the state treasury, as shall represent the expenditures thereon by the United States, in carrying out the cooperative control measures thereby authorized, shall be paid to the Untied States. Sec. 1140-17. Appropriation; amount. SECTION 6. For the purpose of carrying out the provisions of this act there is hereby appropriated out of any monies in the state treasury not otherwise appropriated, the sum of two two hundred hundred thousand ($200,000.00) dollars to be expended by the department of agriculture. Sec. 1140-18. Emergency act. SECTION 7. This act is hereby declared to be an emergency law necessary for the immediate preservation of the public peace, health and safety, as the control and elimination of the corn borer pest is necessary to preserve agriculture and horticulture within this state and thus afford a sufficient supply of food for the citizens of Ohio. O. C. GRAY, Speaker of the House of Representatives. Passed March 3, 1927. EARL D. BLOOM, President of the Senate. This bill was presented to the Governor, March 9, 1927, and was not signed or returned to the House wherein it originated within ten days after being so presented, exclusive of Sundays and the day the said bill was presented, and was filed in the office of the Secretary of State March 22, 1927. S. P. DUNKLE, Veto Clerk. The sectional numbers herein are in conformity to the General Code. EDWARD C. TURNER, Filed in the office of the Secretary of State at Columbus, Ohio, on the 22nd day of March, A. D. 1927. 17B (House Bill No. 83) CLARENCE J. BROWN, AN ACT To amend section 9887 and to enact section 9894 of the General Be it enacted by the General Assembly of the State of Ohio: Acquiring realty for fair grounds; erecting or repairing of buildings; levy of tax; submission of question. Sec. 9887. In any county in which there is a duly organized county agricultural society, the board of county commissioners is authorized to purchase or lease, for a term of not less than twenty years, real estate whereon to hold fairs under the management and control of the county agricultural society, and may erect thereon suitable buildings and otherwise improve the same. In counties wherein there is a county agricultural society which has purchased, or leased, real estate for a term of not less than twenty years, a site whereon to hold fairs or where the title to such site is vested in fee in the county, the county commissioners, if they think it is for the best interest of the county, and society, may erect or repair buildings or otherwise improve such site and pay the rental thereof, or contribute to or pay any other form of indebtedness of said society. The commissioners are authorized to appropriate from the general fund such an amount as they deem necessary for any of said purposes. Provided, however, that if the amount appropriated to be expended in the purchase of such real estate or in the erection of buildings or other improvements or payments of rent or other forms of indebtedness of said society shall exceed ten thousand dollars, in any one year, such expenditure shall not be made unless the question of a levy of the tax therefor is submitted to the qualified electors of the county at some general election, a notice of which, specifying the amount to be levied, has been given at least thirty days previous to such election, in one or more newspapers published and of general circulation in the county. The county commissioners shall pass a resolution authorizing the submission of the question to the electors and certify their action to the board of deputy state supervisors of elections of the county who shall prepare and furnish the necessary ballots and other supplies. The form of the ballots cast at such election shall be: "Agricultural tax- Yes." "Agricultural tax - No." If a majority of the vote cast be in favor of such tax, it may be levied and collected as other taxes. Appropriation by county commissioners for use of agricultural society; maximum and minimum amount; method of payment. Sec. 9894. When a county or duly organized county agricultural society owns or holds under a lease real estate used as a site whereon to hold fairs and the county agricultural society therein has the control and management of such lands and buildings, for the purpose of encouraging agricultural fairs, the county commissioners shall, on the request of the agricultural society, annually appropriate from the general fund not to exceed the sum of two thousand dollars or less than fifteen hundred dollars for such purposes, and in any county wherein is located one or more independent agricultural society or societies as provided for in section 9880-1 herein, the county commissioners of said county, for the purpose of encouraging such independent agricultural society or societies, may appropriate, in addition to the sum appropriated for the county agricultural society, a sum not greater than the amount appropriated for the county society. The appropriation made for said agricultural society or societies shall be paid by the treasurer of the county to the treasurer of the county society or independent society or societies upon an order from the county auditor, duly issued therefor. Repeal. SECTION 2. That existing section 9887 of the General Code be and the same is hereby repealed. O. C. GRAY, Speaker of the House of Representatives. Passed March 10, 1927. EARL D. BLOOM, President of the Senate. This bill was presented to the Governor, March 16, 1927, and was not signed or returned to the House wherein it originated within ten days after being so presented, exclusive of Sundays and the day said. bill was presented, and was filed in the office of the Secretary of State March 29, 1927. S. P. DUNKLE, Veto Clerk. The sectional numbers herein are in conformity to the General Code. EDWARD C. TURNER, |