such person, and take him before a magistrate named in section seventy-one hundred and six; upon the proper affidavit being filed, such officer shall hear the witnesses produced, on oath, and if he find the complaint true, order the accused to enter into a recognizance, with sufficient sureties, in a sum not less than one hundred nor more than five hundred dollars that he will not violate the provisions of said section sixty-nine hundred and fifty-two within one year thereafter, within this state, and in default of such recognizance the officer shall commit the accused to jail, there to remain until such order is complied with, or he is otherwise discharged by due course of law, or until he shall make and subscribe an oath, in the presence of two witnesses, that he will not violate the provisions of said section sixty-nine hundred and fifty-two of the Revised Statutes of Ohio, nor aid or abet in so doing, within said year. Upon conviction of such person for a subsequent violation of the provisions of said section within said year, he shall be fined not less than twenty-five dollars ($25), nor more than five hundred dollars ($500), or imprisoned not less than thirty days nor more than ninety days, or both, in the discretion of the court. 8. O. L. 18.

§ 3720. Police powers of officers and agent

An officer, agent, or member of such association may interfere to prevent the perpetration of any act of cruelty to animals in his presence, and may use such force as may be necessary to prevent the same, and to that end may summon to his aid any bystanders. 72 v. 129, § 18.

§ 3721. Interpretation of certain words

In this chapter, and in every law of the state relating to or in any manner affecting animals, the word "animal" shall be held to include every living dumb creature; the words "torture," "torment," and "cruelty," shall be held to include every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief; and the words "owner" and "person" shall be held to include corporations; and the knowledge and acts of agents and employes of corporations, in regard to animals transported, owned, employed by, or in the custody of a corporation, shall be held to be the act of such corporation. 72 V. 129, § 19.

§ 3722. Member may require police officer to act

A member of any such association may require the sheriff of any county, the constable of any township, the marshal or policeman of any city or village, or the agent of any such association, to arrest any person found violating the laws in relation to cruelty to persons or animals, and to take possession of any animal cruelly treated, in their respective counties, cities, or villages, and deliver the same to the proper officers of such association; and for such service, and for all services rendered in carrying out the provisions of this chapter, such officers, and the officers and agents of the association, shall be allowed and paid such fees as they are allowed for like services in other cases, which shall be charged as costs, and reimbursed to the association by the person convicted. 8. (. L. 181.

§ 3723. A person guilty is liable in damages

A person guilty of cruelty to an animal, the property of another, shall be liable to the owner thereof in damages, in addition to the penalties prescribed by law. 72 v. 129, § 11.

§ 3724. Conviction of agent no bar to action against principal

The conviction of an agent or employe shall not bar an action' for cruelty to animals against an employer for allowing a state of facts to exist which will induce cruelty to animals on the part of such agent of employer. 72 V. 129, § 9.

§ 3725. Any person may protect an animal from neglectWhenever it may be necessary, in order to protect any animal from neglect, any person may take possession of the same; and whenever an animal is impounded, yarded, or confined, and continues without necessary food, water, or proper attention for more than fifteen successive hours, any person may, from time to time, and as often as it may be necessary, enter into and upon any place in which such animal is so impounded, yarded, or confined, and supply it with necessary food or water, and attention, so long as it there remains, or may, if necessary or convenient, remove such animal, and shall not be liable to any action for such entry; in all cases the owner or custodian of such animal, if known, shall be immediately notified of such action by the per

son taking possession of such animal; if the owner or custodian be unknown and cannot be ascertained with reasonable effort, such animal shall be held to be an estray, and shall be dealt with as such; the necessary expense for food and attention given to any animal under the provisions of this section may be collected of the owner of such animal, and the animal shall not be exempt from levy and sale upon execution issued upon a judgment therefor. 8. O. L. ISI.

3725a.

Any sheriff, constable, marshal, policeman, or agent of any society for the prevention of cruelty to animals, may kill, or cause to be killed any animal found neglected, or abandoned, and which, in the opinion of three reputable citizens, is injured or diseased, past recovery, or by age has become useless.

L. 181.

Held unconstitutional.

(§ 3725-1.) Sec. 1.

Brill v. Humane Soc., 4 C. C. 358.

81 O.

Removal of child from possession of parent by officer of humane society-Notice to be served upon person having possession of child and upon parents

Whenever any officer or agent of a society in this state, organized under title 2, chapter 13, of the Revised Statutes, shall deem it for the best interest of any child, either by reason of cruelty inflicted upon said child, or by reason of the surroundings of the child, that said child be removed from the possession and control of the parents or other person or persons having charge thereof, said officer or agent may take possession of said child summarily; and shall cause a notice to be personally served upon the person having control or possession of said child, and upon the parent or parents of said child, if within the state, that the said society will apply to the probate court of the county in which said society is situated, at a time and place named in such notice, for an order as hereinafter set forth. 93 O. L. 296.

(§ 3725-2.) Sec. 2.

eral

Order of probate court making genagent of society guardian of childGuardian to provide home for child—

At the time set forth in said notice, if it shall appear to the

satisfaction of the probate judge, that it is for the best interest of said child that possession and control thereof be taken from said parent or other person having control or possession thereof, said probate judge shall make an order conferring upon the general agent of said society the powers of a guardian as to such child; and, as such guardian, said general agent may, with the approval of the probate judge, provide a suitable home for such. child until such child reaches the age of majority, or until such time as the probate judge may be satisfied that the parent or parents of said child are in a position to properly provide and care for said child, 93 O. L. 296.

§ 3726. Certain corporations may appoint a faculty and confer degrees

The trustees of a college, university, or other institution of learning, incorporated for the purpose of promoting education, religion, morality, or the fine arts, which has acquired real or personal property of the value of five thousand dollars, and which has filed in the office of the secretary of state a schedule of the kind and value of such property, verified by the oaths of the trustees, may appoint a president, professors, and tutors, and any other necessary agents and officers; and fix the compensation of each, and may enact such by-laws, not inconsistent with the laws of this state or of the United States, for the government of the institution, and for conducting the affairs of the corporation, as they may deem necessary; and may, on the recommendation of the faculty, confer all such degrees and honors as are conferred by colleges and universities of the United States, and such others having reference to the course of study, and the accomplishments of the student, as they may deem proper. 50 v. 128, § 1; 51 v. 403, §§ 2, 3; S. & C. 266, 270.

$ 3727. May hold donated property in trust

Any university, college. or academy, or the trustees thereof, may hold in trust any property devised, bequeathed, or donated to such institution, upon any specific trust consistent with the objects of the corporation. 50 v. 128, § 5; S. & C. 267.

When a written subscription is accepted. and liabilities incurred on the faith of it, its collection cannot be defeated for supposed want of consideration. Wesleyan College v. Love's Ex'r, 16 Ohio St. 20; Irwin, Adm'r, v. Webster Treas., 7 C. C. 269; affirmed in 37 B. 150: Sutton, Adm'r, v. Trustees, 7 C. C. 343, affirmed in 35 B. 260.

A charitable (educational) institution may receive donations by promise, and if expenditures are made on the faith of such promises, can recover on the same. A note taken under such circumstances can be transferred to pay its indebtedness. Deurell v. Belding, 9 C. C. 74.