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SEC. 3. This act shall take effect from and after its pas

sage.

N. H. VAN VORHES,

Speaker of the House of Representatives.
ALLAN T. BRINSMADE,

President pro tem. of the Senate.

Passed January 14, 1873.

AN ACT

To provide for the creation and regulation of Fishing
Associations in the State of Ohio, and supplementary
to an act to provide for the creation and regulation of
Incorporated Companies in the State of Ohio, passed
May 1, 1852.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That from and atter the passage of this act it shall be lawful for any number of persons, not less than five, to associate together to form a company for the purpose of propagating fish and establishing fisheries in this state.

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Certificate

SEC. 2. That any number of persons as aforesaid associating to form a company for the purpose of propagating its contents. fish and to establish fisheries, shall, under their hands and seals, make a certificate, which shall specify as follows:

First-The name assumed by such company, and by which it shall be known.

Second-The place where said fishery shall be located, giv ing a description of its boundaries.

Third-The amount of capital stock necessary to stock, establish, finish and equip the same.

Such certificate shall be acknowledged before a justice of the peace or notary public, and forwarded to the secretary of state, who shall record the same in his office; and a copy thereof, duly certified by the secretary of state, under the great seal of the state of Ohio, shall be evidence of the exist ence of said company.

SEC. 3. That when the foregoing provisions have been complied with, the persons named as corporators in said certificate shall be authorized to carry into effect the objects named in said certificate, in accordance with the provisions of this act; and they and their associates, successors and assigns, by the name and style provided in said certificate, shall thereafter be deemed a body corporate, with succession, with power to sue and be sued, plead and be impleaded, defend and be defended, contract and be contracted with, acquire and convey at pleasure all such real and personal estate as may be necessary and convenient to carry into effect the objects of the incorporation, to make and use a common seal, and the same alter at pleasure, and do all needful acts to carry into effect the object for which it was created.

Body corporate; powers,

&c.

SEC. 4. The capital stock of such company shall be divided Capital stock into shares of not less than five dollars eacb, and consist of

deemed proper. And no warrant shall issue on the state treasury for such compensation, or for money for uses of the convention, except on the order of the convention and certificate of the president thereof.

SEC. 10. This act shall take effect on passage.

N. H. VAN VORHES,

Speaker of the House of Representatives.
ALLAN T. BRINSMADE,
President pro tem. of the Senate.

Passed January 14, 1873.

Annual levy of taxes.

nue fund.

AN ACT

Prescribing the rate of State taxes, and to repeal an act therein named.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there shall be levied annually taxes for state purposes, on each dollar of valuation of taxable property, as follows:

For general revenue purposes, being the expenses of the General reve- state government, and such other charges as by law are payable from said fund, six-tenths of one mill. Said fund shall be styled the general revenue fund.

Transfer of funds.

For state benevolent, penal and reformatory institutions, Asylum fund. five-tenths of one mill, which fund shall be styled the asylum fund; and to meet the increased expenditures for building, rebuilding, completing and repairing the state public institutions, there shall be levied for said fund in each of the years 1873 and 1874 the additional tax of six-tenths of one mill. The auditor of state is hereby directed, on the passage of this act, to transfer from the general revenue fund to the credit of the asylum fund seventy one-hundredths of all the moneys then in the treasury belonging to the general revenue fund, or that may come into the treasury from the levy of 1872 on account of said general revenue fund. All moneys certified into the treasury by the benevolent, penal and reformatory institutions, shall be placed to the credit of the asylum fund. On the reimbursement of any sums heretofore transferred to the general revenue fund from other funds in the treasury, the general revenue fund shall pay thirty per cent. and the asylum fund seventy per cent. of said sums.

Sinking fund

Common school fund.

Repeal.

For the payment of the interest and the constitutional reduction and further payment of the principal of the debts of the state, eight-tenths of one mill; said fund to be styled the sinking fund.

For the support of common schools, one mill. Said fund shall be styled the common school fund.

SEC. 2. That the act prescribing the rates of state taxes, passed May 1, 1871, be and the same is hereby repealed.

SEC. 3. This act shall take effect from and after its passage.

N. H. VAN VORHES,

Speaker of the House of Representatives.
ALLAN T. BRINSMADE,

Passed January 14, 1873.

President pro tem. of the Senate.

AN ACT

To provide for the creation and regulation of Fishing
Associations in the State of Ohio, and supplementary
to an act to provide for the creation and regulation of
Incorporated Companies in the State of Ohio, passed
May 1, 1852.

SECTION 1. Be it enacted by the General Assembly of the
State of Ohio, That from and after the passage of this act it
shall be lawful for any number of persons, not less than five,
to associate together to form a company for the purpose of
propagating fish and establishing fisheries in this state.
SEC. 2. That any number of persons as aforesaid asso-
ciating to form a company for the purpose of propagating
fish and to establish fisheries, shall, under their hands and
seals, make a certificate, which shall specify as follows:

First-The name assumed by such company, and by which it shall be known.

Second-The place where said fishery shall be located, giving a description of its boundaries.

Third-The amount of capital stock necessary to stock, establish, finish and equip the same.

Such certificate shall be acknowledged before a justice of the peace or notary public, and forwarded to the secretary of state, who shall record the same in his office; and a copy thereof, duly certified by the secretary of state, under the great seal of the state of Ohio, shall be evidence of the exist ence of said company.

SEC 3. That when the foregoing provisions have been complied with, the persons named as corporators in said certificate shall be authorized to carry into effect the objects named in said certificate, in accordance with the provisions of this act; and they and their associates, successors and assigns, by the name and style provided in said certificate. shall thereafter be deemed a body corporate, with succession, with power to sue and be sued, plead and be impleaded, defend and be defended, contract and be contracted with, acquire and convey at pleasure all such real and personal estate as may be necessary and convenient to carry into effect the objects of the incorporation, to make and use a common seal, and the same alter at pleasure, and do all needful acts to carry into effect the object for which it was created.

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SEC. 4. The capital stock of such company shall be divided Capital stock into shares of not less than five dollars each, and consist of

Rules and bylaws.

Trespassing upon fisheries forbidden.

Proviso.

such sum as shall be named in the certificate, and shall be paid in as required by the corporators or directors of such company.

SEC. 5. That such association or body corporate, above incorporated, shall have full power to make and establish sch rules and by-laws for its government as it may deem best, to decide what officers it shall have, and to prescribe the times and manner of elections, and to make such other rules, regulations and by laws as may be necessary and expedient to effect the objects of such an organization.

SEC. 6. That whenever any company organized under the provisions of this act shall acquire the right to use any Stream, canal or reservoir, from the owner or owners of the land adjoining thereto, for the establishment of a fishery as aforesaid, owned, maintained and used for the purpose of propagating fish, it shall be unlawful for any person or persons to fish therefrom without first obtaining authority from such company; and any person violating the provisions of this section shall be liable to such company in trespass, or to such fines as may be authorized by law against persons trespassing upon the lands of any person or persons: Provided, that the naviga ble streams and public canals in this state shall not be subject to the provisions of this section; and provided further, that nothing in this act shall be so construed as to restrain or prohibit the privilege of any person to use or fish from any lake, river, stream or reservoir which, by custom or usage, has been used for the purpose of fishing therefrom, as regulated by an act passed March 18, 1871, to provide for the protection of fish in the rivers, streams, creeks, lakes, ponds and reservoirs of this state.

SEC. 7. This act to take effect from and after its passage.
N. H. VAN VORHES,

Speaker of the House of Representatives.
JACOB MUELLER,

Passed January 15, 1873.

President of the Senate.

Correction of errors in duplicate.

AN ACT

To amend section twenty (20) of an act entitled "An act prescribing the duties of County Auditors," passed and took effect April 4, 1859. (S. & C., page 99.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section twenty of said act be so amended as to read as follows:

Section 20. The county auditor shall from time to time correct all errors which he shall discover in his duplicate, either in the name of the person charged with taxes or assessments, the description of lands or other property, or in the amount of such tax or assessment; and when the auditor is satisfied, after having delivered the duplicate to the county treasurer for collection, that any tax or assessment thereon, or any part

thereof, has been erroneously charged, he may give the person charged therewith a certificate to that effect, to be presented to said treasurer, who shall deduct the amount from said tax or assessment; and if at any time the county auditor shall discover that any erroneous taxes or assessments bave been charged and collected in previous years, he shall call the attention of the county commissioners thereto at any regular or special session of the board, and if the county commissioners shall find that taxes or assessments have been so erroneously charged and collected, they shall order the county auditor to draw his warrant on the county treasurer in favor of the person or persons paying the same for the full amount of the taxes or assessments so erroneously charged and collected, and the county treasurer shall pay the same out of any surplus or unexpended funds in the county treasury; and the county auditor shall at the next semi annual settlement with the auditor of state after the refunding of such taxes, deduct from the amount of taxes due the state at such settlement, the same as other taxes refunded are now required to be deducted, the amount of such taxes that shall have been paid into the state treasury: Provided, no taxes or assessments shall be so refunded, except such as shall have been so erroneously charged and collected in the five years next prior to the discovery thereof by the county auditor; but no assessment shall be so returned except from the fund or funds created in whole or in part by such erroneous

assessment.

SEC. 2. This act shall take effect and be in force from and after its passage.

N. H. VAN VORHES,

Speaker of the House of Representatives.
JACOB MUELLER,

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Passed January 16, 1873.

President of the Senate.

AN ACT

To amend sections 342 and 344 of an act entitled "An act to provide for the organization and government of Municipal Corporations," passed May 7, 1869. (O. L., vol. 66, pages 206 and 207.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections three hundred and forty-two and three hundred and forty four of the above entitled act be amended so as to read as follows:

Section 342. The said trustees shall be authorized to make contracts for the building of machinery, water-works, buildings, reservoirs, and the enlargement and repair thereof, and the manufacture and laying down of pipe, and the furnish. ing and supplying with connections all necessary fire hy

Trustees may make &c.

contracts,

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