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he will not in any manner violate any law enacted for the protection of fish, which permission may be revoked by the said commissioners, upon the conviction of the holder thereof for the taking of fish under his permit in violation of law.

Sec. 6968-5. Every person, firm or corporation en- Daily record gaged in catching fish in any of said waters, and every per- pounds and son, firm or corporation engaged in receiving, buying, or kind of fish shipping fish which may be subject to the tonnage tax pro- kept by pervided in section 6968-2, except common carriers, shall keep in catching a book, to be furnished by the fish and game commissioners, fish. and which shall be the property of the state of Ohio, in which shall be entered, at the close of each day, in the form to be designated in the blanks therein, to be determined by the commissioners of fish and game, the number of pounds of each variety and species of fish brought to shore, and the name of the person, firm or corporation bringing the same to shore; and if any person, firm or corporation shall purchase or receive any fish, not caught by such person, firm or corporation, such person, firm or corporation so purchasing or receiving such fish, shall also keep such book, in which shall be entered the name of the person, firm or corporation delivering such fish, the number of pounds of each variety and species delivered, and the date of each delivery; such books shall be kept at the place of bu ness of such Inspection of person, firm or corporation, and they shall be open, at all record, times, for inspection by any warden or person appointed by the fish and game commissioners to make inspection of such books, or to collect the tonnage tax, and such books shall be surrendered to the fish and game commissioners or any duly authorized officer thereof, or to any such person so appointed to make such inspection or collection, upon demand.

Any person, firm or corporation who shall fail, neglect Penalty for or refuse to keep such book, as herein required, or who shall or exhibit such refuse to exhibit such book for such inspection, or to de- record, liver the same upon demand as herein required, shall pay a penalty in the sum of two hundred dollars, and a continuation of such failure, neglect or refusal for each thirty days after prosecution shall have been commenced, shall be deemed an additional offense and such offender shall be subject to the same penalty for each offense. Such penalties How penalty shall be recovered in a civil action to be brought in the name of the state of Ohio in the court of common pleas having jurisdiction of the offender; and it is hereby made the duty of the prosecuting attorney to bring all such suits and to attend to such prosecutions, upon being requested by the commissioners of fish and game or any person, firm or corporation chargeable with such tonnage tax; and such penalties, when collected shall be paid into the state treasury to the credit of the special fund mentioned in section

recovered.

5068-2.

Fish and game commissioners may appoint

of record and make inspection thereof;

The commissioners of fish and game may appoint not.

exceeding two persons whose duty it shall be to enforce persons to en- the keeping of the books and to make the inspection of

such books, herein provided, to collect said tonnage tax and

to perform such other duties as the fish and game commiscompensation. sioners may direct, with a view to securing a full return and

payment of said tonnage tax; and the fish and game commissioners may pay such persons for their services and expenses out of said special fund mentioned in section 6968-2, not exceeding seven dollars per day for each person, and not exceeding fifty days in the first half and not exceeding fifty days in the last half of each calendar year for each such person. It is hereby made the duty of the fish and game commissioners to proceed without delay to collect by suit, in the name of the state of Ohio, any delinquent tonnage tax, and any judgment rendered for any such tonnage tax shall be a lien upon the fishing devices, boats, and all other personal property used in fishing, of the person against whom such judgment may be rendered from the date of commencement of suit, and such property shall not be exempt from execution issued upon any such judgment. The commissioners of fish and game shall cause to be printed, in pamphlet form, once each year, a statement setting forth the names of all persons paving the tonnage tax, the amount paid by each person, and the number of pounds, and the variety and species returned by each person, and the names of all persons who are delinquent, and the amount of such delinquency, for the preceding calendar vear, and also setting forth a summary statement of the money paid into and out of said special fund provided in section 6968-2, and send by mail, a copy thereof, to each person chargeable with suchi tonnage tax, not later than the first day of April of each year. The expense of printing the book's and pamphlets mentioned in this section may be paid out of said special fund.

Sec. 6968-6. It shall be unlawful for any person, firm or corporation, not a resident of the state of Ohio, either personally or by agent or employe, to fish any pound-net,

gill-net, seine, trap-net, or any other fishing device whatcording to capacity of boat. soever, for profit, in any of the waters mentioned in sec

tion 6068-2. or to engage in fishing, for profit, by means of any boat, in said waters, without first paving to the president or secretary of the fish and game commission of the state of Ohio, the sum of ten dollars ($10.00) for each net ton capacity of each boat, registered under the laws of the United States, according to its net tonnage register, and fifteen dollars ($15.00) for each boat not so registered, and

receive a license for a period of one year from the date of P'tity and issue, to be issued by said commissioners. Any person, firm

or corporation who shall fail, neglect or refuse to comply with the provisions of this section shall be guilty of a misdemeanor and subject to a penalty of five hundred dollars ($500,00), to be recovered by a civil action, in the name of the state of Ohio, and a continuation of such failure, neglect

l'nlawful to fish with seine by means of boat without pays ing fee ac

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or refusal, for each period of sixty days, shall be deemed an additional offense, and at the commencement of any action, for the recovery of such penalty, an attachment may be issued, on the ground that such person, firm or corporation, is such non-resident, without bond, and in all other respects as attachments are issued in other cases, and under the writ of attachment the boats and fishing devices of such person, firm or corporation, may be seized wherever found in the state of Ohio, and such writ of attachment and the summons in such case may be served by the fish and game warden or any deputy fish and game warden of the state of Ohio, and anywhere within this state, and returned in the manner provided for the service and return of attachments and summons, in attachment cases, by sheriffs. The license fees collected under this action shall be paid into said special fund mentioned in section 6968-2, and the penalties recovered under this section shall be paid into the fish and game fund for contingent purposes.

SECTION 2. That said original sections 6968-1. 6968-2, Repeals. 6968-3 and 6958-4 of the Revised Statutes of Ohio are liereby repealed.

SECTION 3. This act shall take effect and be in force from and after its passage. W. S. VICKINNON,

Speaker of the 1101se of Representatives.

F. B. ARCHER,

President of the Senate.
Passed May 6, 1902.

265G

death:

[House Bill No. 167.]

AN ACT
To amend section 6134a of the Revised Statutes of Ohio.

Executors
Be it enacted by the General Assembly of the State of Ohio: and adminism
SECTION I. That section 61340 of the Revised Stat- for injury by

wrongiul utes of Ohio be amended so as to read as follows:

Sec. 61340. Whenever the death of a citizen of this Right by state has been or may be caused by a wrongful act, neglect there state or default in another state, territory or foreign country, for territory or which a right to maintain an action and recover damages in enforced. respect thereof is given by a statute of such other state, territory or foreign country, such right of action may be eniorced in this state within the time prescribed for the commencement of such action by the statute of such other state, territory or foreign country.

SECTION 2. That said original section 6134a be and Repeals. • lereby is repealed.

Section 3. This act shall take effect and be in force from and after its passage and shall not apply to pending

W. S. MCKINNON,
Speaker of the House of Representatives.

F. B. ARCHER,

President of the Senate.
Passed Mar 6, 1902.

266G

actions.

[House Bill No. 326.]

AN ACT

For relief of
Mary Ford.

For the reliei and payment of the claim of Mary Ford, of Pike

ville, Darke county, Ohio, against the state of Ohio for boarding Captain Joseph Snodgrass, second lieutenant, company H, 110th O. V. I., and ten men of said company from August

5th to August 22d, 1862. Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That the auditor of state be, and he is hereby authorized and required to issue his warrant on the state treasurer to pay said Mary Ford of Pikeville, Darke county, Ohio, the sum of $213.20, being the amount of a certain claim held by her against the state of Ohio for furnishing board and subsistence to Captain Joseph Snodgrass, of company H, noth O. V. I., and ten men of his company from August 5th to August 22d, 1862, and interest to date, and for this purpose there be and is hereby appropriated the sum of $213.20 from any money in the state treasury to the credit of the general revenue fund not otherwise appropriated, which sum shall be in full liquidation and payment to said Mary Ford for said claim against the state.

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

W. S. MCKINNON. Speaker of the House of Representaties.

F. B. ARCHER,

President of the Senate Passed May 6, 1902.

2676

[House Bill No. 48.]

AN ACT

be at vendue and when at private sale.

To amend section 0161 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio: Executors and

SECTION I. That section 6161 of the Revised Statutes administrators: of Ohio, be amended so as to read as follows: When sale to Sec. 6161. The sale shall be made at public vendue

at the door of the court house in the county in which the order of sale shall have been made or at such other place as the court may direct; provided, however, that if it is made to appear to the court that it will be more for the interest of said estate to sell such real estate at private sale the court may authorize said petitioner to sell the same either in whole or in part for cash in hand or upon deferred payments not exceeding two years with interest; and in no case shall such real estate be sold at private sale for less than the appraised value thereof; provided, however, that where any order for private sale has been or may hereafter be issued under the provisions of this section the court may, upon motion, and showing by any person interested in the proceeds of such sale, filed after thirty days from date of such order, require the petitioner to return such order if the premises have not been sold and thereupon the court may issue an order for the sale of such premises at public sale as provided in this section ; and if the court, upon showing of any person interested, shall find that it will be to the interest of such estate he may order a reappraisement of sich premises and a sale thereof in parcels.

SECTION 2. That section 6161 be and the same is Repeals, etc. hereby repealed, and this act shall take effect on its passage.

W. S. MCKINNON.
Speaker of the House of Represe:itatives.

F. B. ARCHER,

President of the Senate.
Passed May 6, 1902.

268G

(House Bill No. 224.]

AN ACT

To amend section 3697 of the Revised Statutes of Ohio.

Be it enacted by the General Assembly of the State of Ohio:
SECTION I. That section 3697 of the Revised Statutes Agricultural

corporations: of Ohio be amended so as to read as follows:

Sec. 3697 When thirty or more persons, residents of Organization any county of the state, or of a district embracing one or county agrimore counties, organize themselves into an agricultural societies

. society, and adopt a constitution and by-laws and select the usual and proper officers, and otherwise conducts its affairs in conformity to the statutes of Ohio and to the rules of the state board of agriculture, and when such county or district agricultural society shall have held an annual exhibition in accordance with section 3698 of the Revised Statutes of Ohio, and made proper report to the state board of agriculture, then, upon presentation to the county auditor, of a certificate from the president of the state board of agriculture, attested by the secretary of said board, that the laws of the state and the rules of the state board of agriculture have been complied with, the county auditor of each county wherein such agricultural societies are organized, shall annually draw an order on the treasurer of the county in favor of the president of the county or district agricultural society for a sum equal to two cents to each inhabitant of the county, upon the basis of the last previous national census, but the total amount thereof shall not exceed in any county the sum of eight hundred dollars ($800); and the treasurer of the county shall pay the same.

Provided, that where in any county containing a city Cuyahoga of the second grade of the first class, the site for holding county. county fairs is situated so far from the geographical center

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