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Sec. 15. That the act, entitled "An act for the prevention Act repeate of gaming," passed January fourth, eighteen hundred and twenty-four, be, and the same is hereby repealed: Provided, That Proviso all offences committed prior to the taking effect of this act, shall be prosecuted and punished in the same manner as if this act had never been passed.

This act to take effect and be in force from and after the first day of June next.

JAMES M. BELL,

Speaker of the House of Representatives.
SAMUEL R. MILLER,
Speaker of the Senate.

March 12, 1831.

AN ACT to prevent Nuisances.

mal into river,

Sec. 1. Be it enacted by the General Assembly of the State of Putting the carOhio, That if any person or persons shall put the carcass of any cass of dead anidead animal into any river, creek, pond, road, street, alley, lane, creek, road, &c., lot, field, meadow, or common; or if the owner or owners there- how punished of shall knowingly permit the same to remain in any of the aforesaid situations, to the annoyance of the citizens of this State, or any of them; every person so offending, shall, on conviction thereof, before any justice of the peace of the proper township, be fined in any sum not less than one, nor more than five dollars.

&c., how pun

Sec. 2. That if any person or persons shall put any dead ani- Putting same in mal, carcass, or part thereof, into any well, or into any spring, to well, spring, brook or branch of running water, of which use is made for do- ished mestic purposes; every person so offending shall, on conviction thereof, be fined in any sum not less than two, nor more than forty dollars.

ties appropriated to the use of the

Sec. 3. That all fines and penalties arising under this act, Fines and pena shall be paid over by the justice of the peace collecting the same, within thirty days thereafter, to the treasurer of the township township wherein the offence was committed; and, on failure so to do, the said treasurer shall forthwith proceed against such justice for the recovery of the same, as in other cases: and such surns, when collected, shall be subject to the order of the township trustees, for the use of said township.

Sec. 4. That the act, entitled "An act to prevent putting Act repealed dead animal carcasses into rivers, water courses, &c.," passed January the third, one thousand eight hundred and twenty-eight, be, and the same is hereby repealed.

This act to take effect and be in force from and after the first day of June next.

JAMES M. BELL,

Speaker of the House of Representatives.
SAMUEL R. MILLER,

February 28, 1831.

Speaker of the Senate.

Exiribitors of shows to obtain permit from

AN ACT to regulate public shows.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That before any exhibitor or exhibitors of any traveling public show, not already prohibited by law, shall be allowed to county auditor exhibit or show any natural or artificial curiosity, or exhibition of horsemanship in a circus, or otherwise, for any price, gain or reward, he or they shall apply to the county auditor, of the county in which he or they intend to show or exhibit, for a permit; and the county auditor shall give him or them a permit, specifying the time, place or places, he or they may be allowed to show or exhibit in the county, on the person or persons thus applying paying into the county treasury the amount said county auditor may assess on him or them, for the privilege of exhibiting or showing such show; which assessment shall in no case exceed fifty dollars, nor less than ten, for each and every place at which such show shall be exhibited: Provided, It shall not be neces sary for any exhibitor or exhibitors, as aforesaid, to obtain a pertowns and cities mit from the county auditor, to show or exhibit in any incorporated town or city, where, by the laws or ordinances of such town or city, such exhibitor or exhibitors, may be required to obtain a permit or license from the municipal authority of said town or city.

Amount of assessment

Proviso as to incorporated

hibiting without

permit, and how recovered

Sec. 2. That if any person or persons shall exhibit any pubPenalty for ex lic show, without first having obtained the permit, according to the provisions of this act, he or they shall, for every such offence, pay the sum of one hundred dollars, to be recovered in an action of debt, at the suit of the county auditor or treasurer, or any citizen of the county, before any justice of the peace of the county in which the offence may be committed, and paid into the treasury of said county.

ated to the use of common schools

Sec. 3. That all moneys paid into the treasury of any counMoney appropri ty, under the provisions of this act, shall be appropriated to the support of common schools in said county; and it shall be the duty of the auditor of such county, annually to apportion the same to the respective school districts in his county, according to the number of youth therein, at the same time that he apportions the school tax to said districts, and shall draw on the treasurer in the same manner that he is directed by law to draw for the school tax.

Act repealed

Sec. 4. That the act to regulate public shows, passed December 31, 1827, bc, and the same is hereby repealed.

This act to take effect and be in force from and after the first day of June next.

JAMES M. BELL,

Speaker of the House of Representatives.

SAMUEL R. MILLER,

Speaker of the Senate.

February 28, 1831.

AN ACT regulating Ferries,

No person to
keep a ferry

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That no person shall be permitted to keep a ferry across any stream running through or bounding on any county in this without license State, without having first obtained a license from the court of from c. p. common pleas of the proper county for that purpose, as herein

after provided.

Sec. 2. That the person applying for such license, shall Notice of appli produce satisfactory evidence to the court, by the affidavit of cation for li the applicant, or otherwise, of his having given notice, by ad-cense, how given vertisement set up in at least three public places in the township, or neighborhood, where the ferry is proposed to be kept, twenty days prior to the sitting of the court, of his intention to apply to such court for such license to keep such ferry.

license for one

Sec. 3. That the court, being satisfied that the notice here- Court may grant by required has been given, that a ferry is needed at said place, year, and fix the and that the applicant is a suitable person to keep the same, price are hereby authorized to grant to the applicant a license to keep the same for the term of one year, on the applicant's paying into the county treasury of the proper county a sum to be fixed by the court, not less than two, nor more than fifty dollars; and on the applicant's producing the county treasurer's receipt for the payment of the sum so fixed, he or she shall receive from the clerk of the court a license, under the seal of the court, for the term aforesaid; for which he or she shall pay the clerk the sum of fifty cents.

cense for ferry

Sec. 4. That the person owning or possessing land on both To whom li sides of any stream where a ferry is proposed to be established, may be granted shall have exclusive right of a license for a ferry at such place; and when the opposite banks are owned by different persons, the right to the ferry shall be mutual: but if the owner does not apply, the court shall grant a license to any person applying for the same, except where either of the landings are not on a public highway, the consent of the owner of the ground shall first be had in writing: Provided, That nothing herein contained shall be so construed as to prevent any person from small streams in ferrying passengers across a small stream in high water; and high water the court of common pleas are hereby authorized to direct the clerk to give any person a permit for that purpose, when, in their opinion, the stream is too small to justify the expense of a license: And provided also, When any person shall apply for

Proviso as to

cense

a renewal of his license, at the same place where he kept the Renewal of 1 preceding year, the same may be granted or renewed, without notice or petition.

piring in vaca

Sec. 5. That when a license shall expire in vacation, and Provision in case the person who obtained the same shall procure a renewal, the of a license es latter license shall include the time from the expiration oftion the former, as well as the time to which it shall extend in future; and the applicant shall pay a ratable proportion for the

ryman to

keep good boats, and

give due at

tendance

Penalty for neglect

whole time therein mentioned; and shall thereupon be exonerated from any penalty to which he would be otherwise liable: Provided, however, That in all applications for a license, when objections are made, the court may grant or refuse the same, at their discretion.

Sec. 6. That every person obtaining a license to keep a ferLicensed ferry, shall provide, and keep in complete repair, a good and sufficient boat for the safe conveyance of persons and property; and when the river or creek, over which the ferry is kept, is passable, shall, with a sufficient number of hands to work and manage the boat, give due attendance from day light in the morning, until dark in the evening; and shall, moreover, at any hour in the night or day, (that the creek or river ean be passed,) when called upon for that purpose, convey the United States' mail, or other public express, across said ferry; and if any person, having obtained a license as aforesaid, shall fail or neglect to perform the duties herein enjoined, or any of them, the person so offending shall forfeit and pay, for every such of fence, a sum not exceeding five dollars; to be recovered before any justice of the peace of the proper township, at the suit of any person prosecuting for, and making due proof, of such failure or neglect: and if any keeper of a ferry, as aforesaid. shall demand and receive a higher rate or sum for ferriages, than shall be allowed by the court of common pleas of the county wherein such ferry is kept, the person so offending shall forfeit and pay, for every such offence, a fine not exceeding ten dollars; recoverable before any justice of the peace of the proper township, by any person making due proof thereof; to be disposed of as hereinafter provided.

Penalty for taking illegal ferriage

When

how ferryman

Sec. 7. That should the court refuse to renew the license court of any ferryman, he shall be exonerated from the penalties of refuse to re- this act, by paying into the county treasury previous to any new license, prosecution having been commenced against him, such sum for may be ex- the time which may have elapsed between the expiration of onerated from his license, and the next term of the court of common pleas, as penalty shall bear a ratable proportion to the amount charged for the previous year.

the rate of fer

riage

Sec. 8. That the court of common pleas, at the same time Court to fix they grant a license to keep a ferry, shall also fix the rate of ferriages which the ferry keeper may demand and receive for the transportation of persons and property: and it shall be the duty of the clerk of said court, to furnish every person on taking out a license to keep a ferry, with a list of the rate of List of rates ferriages; which list the ferry keeper shall post up at the door to be posted of his ferry house, or some conspicuous place convenient to

up

ferry

near the

said ferry.

Sec. 9. That every clerk of the court of common pleas Clerk to fur-shall, on the first day of the term of each court, deliver to the nish grand ju- grand jury an accurate list of all persons holding licenses withlicenses in his county: and it shall be the duty of the president judge

ry with list of?

to give this act in charge to the grand jury; whose duty it shall be to make inquiry, and give information, of any violation thereof, except in cases where jurisdiction is given to justices of the peace.

Sec. 10. That if any person shall keep a ferry without be- Keeping ferry ing duly authorized, the person so offending shall fortit and without li pay a sum not exceeding thirty dollars; to be recovered by cense, how indictment.

punished

Sec. 11. That if any justice of the peace, or other officer, Officer failing shall neglect or fail to comply with the requisitions of this act comply the person so offending shall forfeit and pay, for every such with this act, offence, a sum not exceeding fifty dollars, at the discretion of to be fined any justice of the peace before whom the same may be recovered, for the use of the county.

conets red

ury in 30

Sec. 12. That all actions or suits brought under the provi- Money colsions of this act, shall be in the name of the State of Ohio; lected to be and the court taking cognizance thereof, shall keep a record paid is to of all ines and forfeitures recovered under the same; and sheriffs, constables and other officers, shall pay all moneys within days thirty days after receiving the same, into the county treasury: and justices of the peace and clerks of courts, before whom any fine is recovered, shall present an accurate account thereof to the county auditor, on or before the first day of June, annual y: and clerks of courts shall. in like manner, return a list of all licenses by them issued, and to whom, and the price of each respectively; and it shall be the duty of the county au litor to inform and prosecute all offenders against this statute; especially such offences as are cognizable before justices of the peace.

Sec. 13. That the act, entitled "An act granting licenses and regulating ferries, taverns and stores," passed February 6th, 1824; and all other acts and parts of acts, inconsistent with the provisions of this act, be, and the same are hereby repealed: saving to all cities and towns corporate, the rights and powers granted by the act or acts incorporating th sam ; зaving also all licenses granted before this act takes effect, and which shall not have then expired.

This act to be in force and take effect from and after the first day of June next.

JAMES M. BELL,

Speaker of the House of Representatives.

SAMUEL R. MILLE

Duty of audi

for

Acts repealed

Saving clau

Eebruary 28, 1831.

Speaker of the Senatez

AN ACT fixing the rate of t 11 for grinding.

Sec. 1. Be it enacted by the General Assembly of the State Ohio, That the owner or occupier of all grist mills within this

3

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