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SEC. 2. All claims allowed under this act shall be paid How allowout of the state military fund. ances paid.

SEC. 3. This act to take effect and be in force from and

after its passage.

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Passed January 18, 1871.

AN ACT

Supplementary to an act entitled an "an act to amend section one of an act entitled 'an act to enable associations of persons for building hotels and for other purposes to become bodies corporate,'" passed April 5, 1866, as amended by an act passed April 16, 1867, (passed April 25, 1868, 65 Vol., Stat. 108.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any company now incorporated, or which may hereafter be incorporated, under an act entitled "an act to amend section one of an act to enable associations of persons, for building hotels and for other purposes, to become bodies corporate," passed April 5, 1866, and amended by an act passed April 16, 1867, passed April 25, 1868, shall be and are hereby authorized and empowered to construct and main tain buildings to be used as an exchange, or place of congregation of merchants, with halls, offices, rooms, storerooms and cellars, to be used in connection therewith, or rented; and to acquire, hold, use and convey at pleasure all such real and personal property as may be necessary and convenient for such purpose.

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

A. J. CUNNINGHAM,

Speaker of the House of Representatives.
SAM'L F. HUNT,

President pro tem. of the Senate.

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Passed January 19, 1871.

Members and officers of general assembly.

Southern lu

natic asylum.

Northern lu

natic asylum.

Blind asy

lum. Reform

school.

Supreme

tingents.

court con

School commissioners' clerks.

Legislative

committees.

Contingent of general assembly.

State board of equalization.

Trustees of agricultural

college.

Fuel.

Binding.

Printing.

Printing at

D. & D. Asylum. Transporta

tion, etc., of convicts.

AN ACT

Making partial appropriations for the year 1871.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there be and hereby is appropriated, out of any money in the treasury to the credit of general revenue and not otherwise appropriated, the following sums, to wit: For the payment of the per diem, and mileage of members and officers of the general assembly, under the laws and resolutions of the house and senate, respectively, one hundred thousand dollars.

For provisions and necessary current expenses of the southern lunatic asylum, fitteen thousand dollars.

For provisions and necessary current expenses of the northern lunatic asylum, ten thousand dollars.

For provisions and necessary current expenses of the asylum for the blind, five thousand dollars.

For the purchase of material for manufacture at the reform farm for boys, the sum of five thousand dollars.

For contingent expenses of the supreme court, including pay of messenger, four hundred dollars.

For contingent expenses of the clerk of the supreme court, one hundred dollars.

For payment of clerks in the office of the state school commissioner, six hundred dollars.

For the expenses of the committees of the general assembly, upon the certificate of the chairman of each committee, and of the chairman of the committee of claims of each house respectively, five hundred dollars.

For the contingent expenses of the general assembly, upon vouchers approved by the president of the senate and speaker of the house, respectively, five hundred dollars.

For the per diem, mileage and expenses of the members and officers of the state board of equalization, fifteen thousand dollars.

For the necessary expenses of the trustees of the Ohio agricultural and mechanical college, to be paid upon the certificate of the president and secretary thereof, with vouchers satisfactory to the auditor of state, two thousand dollars.

For fuel for the state house, sixteen hundred dollars.
For binding for the state, five thousand dollars.
For printing for the state, five thousand dollars.

For the printing department of the deaf and dumb asylum, five hundred dollars.

For costs of prosecution and transportation of convicts to the Ohio penitentiary, fifteen thousand dollars.

For wages of employes under the direction of the superinEmployes of tendent of the state house, including all deficiencies, twentyfive hundred dollars.

state house.

Board of mil

For claims that have been or may be allowed by the board itary claims. of military claims, thirty-five thousand dollars.

To pay expenses of survey of land near the "Lewistown reservoir, under the resolution of the last session," directing

reservoir land.

the board of public works to appropriate and condemn, as Survey of easements for the use of the state, the right to flood certain Lewistown lands near Lewistown reservoir, two hundred and fifty dollars. SEC. 2. This act shall take effect and be in force from and after its passage.

A. J. CUNNINGHAM,

Speaker of the House of Representatives.

SAM'L F. HUNT,

President pro tem. of the Senate.

Passed January 19th, 1871.

AN ACT

To provide for an Appropriation from the Agricultural and Mechanical College Fund, and authorizing the deposit in the State Treasury of certain Bonds.

WHEREAS, The board of trustees of the Ohio agricultural and mechanical college has bargained for the purchase of several tracts of land in Franklin county, Ohio, the payment for a part of which is to be made in money, and they have not the money with which to make such payment, and whereas said board holds the seven per cent. coupon bonds of Franklin county to a large amount, issued in pursuance of an "act to authorize the several counties of the State to raise money to secure the location of the Ohio agricultural and mechanical college," passed April 18, 1870 (67 O. L., p. 95), and upon which bonds said board can not at this time realize an amount of money sufficient to pay for such purchase without great sacrifice thereon; therefore,

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there be and hereby is appropriated from and out of the Ohio agricultural and mechanical college fund, the sum of thirty-four thousand two hundred and forty-five dollars, being an amount equal to and not exceeding ten per centum upon the principal of said fund as derived from the sale of land scrip received by the state of Ohio under and by virtue of an "act of Congress donating lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts," approved July 2, 1862; this appropriation being made for the purpose of paying for lands purchased as referred to in the preamble of this act.

Appropriaagricultural college fund.

tions from

SEC. 2. That before any of said money shall be drawn Conditions from the treasury the said board of trustees shall deposit of appropriawith the treasurer of state said bonds of Franklin county tion. equal in amount to the amount appropriated in the foregoing section, to be credited to the agricultural and mechanical college fund, and the coupons of which, as they become due, shall be collected by said treasurer of state and placed to the

credit of said college fund as soon as such deposit shall have been made. The trustees of said college are authorized to make requisitions for the amount of money above appropri ated, and the treasurer of state is required to pay the same upon presentation of proper vouchers as required by law, and said board shall use the same in payment for the purchase above specified in accordance with the provisions of the act of Congress before referred to; provided, that the said college fund shall be reimbursed in the sum of thirty-four thousand two hundred and forty-five dollars with interest above appropriated, whenever the said bonds referred to in this act shall have matured and been paid. If said bonds shall not be paid at maturity, the treasurer of state shall proceed to collect or sell the same at par value and apply the proceeds thereof to the reimbursement of said fund; and provided further, that no warrant shall be issued by the auditor of state for the payment of any money appropriated by the provisions of this act, until the executive committee of said board of trustees have filed their certificate with the said auditor that the commissioners of Franklin county have fully executed their contract with said board in reference to the donation of three hundred thousand dollars by said county to said agricultural and mechanical college; provided still further, that this act shall not be construed to operate as a guaranty by the state of the payment of the said bonds of Franklin county, or as creating any obligation on the part of the State to repay to said fund any part of the sum herein appropriated beyond the amount that may be realized on said bonds.

SEC. 3. This act to take effect on its passage.

A. J. CUNNINGHAM,

Speaker of the House of Representatives.
SAM'L F. HUNT,

President

pro tem. of the Senate.

Passed January 20, 1871.

When it is unlawful to hurt, kill, etc., wild duck.

AN ACT

For the further protection of certain Birds and Game.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be unlawful for any person, between the first day of March and the first day of September, upon any lake or bay within or bordering upon this state, or upon any streams or waters tributary thereto, or in any of the channels, ponds, or marshes connected therewith, to hunt, kill, or destroy any wild duck of any kind. And it shall be unlawful for any person in this state, to expose for sale, or to have in his possession, any wild duck killed or trapped be. tween the first day of March and the first day of September.

SEC. 2. Any person offending against any of the provisions of this act, shall, on conviction thereof, be fined in any sum, not less than one nor more than two dollars, for every duck so killed or found in his possession, or exposed for sale contrary to the provisions of this act. And the court assessing the fine may order the offender to stand committed to the jail of the county until the fine is paid.

Penalty for the law.

violation of

of courts.

SEC. 3. All prosecutions under this act shall be in the Jurisdiction name of the state of Ohio, before any justice of the peace, or other officer or court having jurisdiction; and the offender may be prosecuted, either in the county where the offense was committed or where the defendant resides. All fines imposed and collected in such cases shall be paid, one half to the informer and the other half into the county treasury, for the benefit of common schools.

SEC. 4. This aet shall take effect from and after its passage.

A. J. CUNNINGHAM,
Speaker of the House of Representatives.
J. C. LEE,

Passed January 31, 1871.

President of the Senate.

AN ACT

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To provide for the erection and maintenance of "chutes' for the passage of fish over the dams across the streams of this state.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there shall be erected and maintained by the owner or owners of any dam across any river or creek in this state, a sufficient passage way, or chute, for the passage of fish over such dam, or dams; which chute shall be kept open and free for the passage of fish, by said owner or occupant. SEC. 2. That whenever the owner or owners, or occupant of any such dam shall neglect or refuse to construct such passage way, or chute, over the same, it is hereby made the duty of the commissioners of any county in this state, in which such dam may be situate, to proceed, after one year from the passage of this act, on notice to them in writing, made by at least five freeholders of said county, to let the work of erecting such passage way, or chute, and providing the materials therefor, to the lowest responsible bidder; and all expense attendant upon the erection or maintenance of the same shall be paid by the owner or owners, or occupant of said dam; which shall be recovered in the name of the person or persons so taking said job and building said passage way, or chute, upon the acceptance of the same by said commissioners.

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