The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1871-06-29
The Ker Flsl. Law.

For 'Lte projection Of tfsh i1l 1te rirers,
streams, creeks, lakes, ponds aud TeSer-
Uoirs of ttiS STATE, and for The repeal Of
an act therein named. re- H., OOl GO,
p.. .S4S. l p ef
SECTION !. Be Il enacted by Me Gen
eraZ assembly of the SAFE of-OhiO, That
il shall be unlawful for any person or per-
sons TO shoot fish, or put in, Keep up, draw
or use any fish net, seine, or fish pound
for the purpose of catching fish in any of
the rivers, creeks or streams within this
State, at any point or place therein, above
the common level at high or backwater of
Lake Erie and the Ohio river, or IN the
waters of any lake, pond or reservoir hav-
ing surface not exceeding two thousand
nor less than ten acres lying wholly with
in this State, whether the same be ma
tural or artificial lake, pond or Reservoir,
except as provided in section Of this act.
SEC. ?. That any person, or persons,
violating the provisions Of the first section
of thls act, shall be deemed guilty of q
misdemeanor, and on conviction thereof
before court Of competent Jurisdiction,
shall be fined in any sum not less than nor
more than fifty dollars, to be collected by
prosecution in the. name Of the State of
Ohio as other lines for crimes and misde-
meanors of the second class, or be impri-
soned in the county jail not exceeding
thirty days, or both, at the discretion of
the court.
Sec. g. That if any owner of any such
fish pound, fish seine, or fish net, used con-
trary to the provisions of this act, shall be
a nonresident of the county in which the
same shall be set or put Gown, so that ser
vice cannot be made upon him therein,
any Justice of the peace of said county, on
compliant made under oath or affirmation,
of the facts, is hereby authorized and re-
quired to issue writ requiring the con-
stable to attach said fish pound, fish seine,
or fish net and if the owner thereof shall
fail, for thirty days after the same shall
have been attached, to come before such
Justice and enter his appearance to a suit
in the name of the State of Ohio for the
penalty provided in the second section OF
this act, the Justice shall issue his order TO
the constable, commanding the sale there
of which sale shall be conducted IN all re-
spects as sale upon. execution, and the pro-
ceeds of such sale shall be applied first to
] the payment of the costs of the proceed
ings, and the surplus shall be paid into
-the county treasury for the benefit ofcom-
moa schools.
SEC. 4. That the words fish net, fish
seine, and fish pound shall be held and
construed TO include all modes of CATCH
ing fish in said rivers, streams, creeks,
ponds, or reservoirs, by any trap or device
| other than hook and line, or spear, oi
whatever material constructed provided
that this act shall not extend to, or in
clude dip nets, or other nets not exceed
ing ten feet in length, usedfor the purpose
of catching ninnoWs
SEC. 5. That it shall be unlawful fol
any person TO catch, interfere with, in
| lure, or in any manner destroy or malici-
ously disturb, to the damage of the private
property of another, the fish in or work
connected with any private fish pound not
exceeding ten acres in this State. Any
person or persons violating the provisions
Of this section, shall be guilty Of misde-
meanor, and on conviction thereof, shall
be fined in any sum not less ten ten MOI
more than two hundred dollars, to be pro-
ceeded for as other fines for causes and
misdemeanors of the second class, or such
person or persons 50 convicted shall be i'm
prisoned in the county jail not exceeding
thirty days.
SEC. 6. That it shall be lawful for any
person to take up, remove, or clear away
any fish net, fish seine or fish pound
placed or put in the waters Of any lake
pond, or reservoir. contrary to the provisi
ons Of this act.
SEC. 7. That the act entitled "an sct
for the protection Of fish in the inlanC
lakes, ponds, and reservoirs of this State,S
passed May Z, 1869, be and the same i
hereby repealed &
SEC. s. This act shall take effect anC
be in force from and after IFS passage.
J. R. COCKERILL,
Speaker pro teAa. oC the House Of Represeafatces
SAM'LsF. HUNT,
President pro ten. Of The Senate.
Passed March Is, 1871.