SEC. 10. That it shall be the duty of each township assessor in this state, at the time of taking lists of chattel property for taxation in each year, to require each person in their several townships, to make a statement, specifying the number of sheep killed by dogs in his district during the preceding year, together with the value of sheep killed and the estimate of injury done, and the assessors are required to make returns of the aforesaid statement to the county auditor of their respective counties at the time of returning the lists of chattel property for taxation.

Duty of township as

sessors to ascertain num

berand value of sheep killed by dogs.

tor to furnish blanks and

return same

to auditor of

state.

SEC. 11. That it shall be the duty of the auditor of each County audicounty to furnish to the assessors of their respective counties, such blanks as may be necessary for taking the aforesaid statement and for carrying into effect the provisions of this act; and said auditor shall make out and forward to the auditor of state, a statement showing the number of sheep so killed or injured as aforesaid, and the aggregate loss sustained thereby, and the amount therefor paid as aforesaid in each township in their respective counties.

SEC. 12. That it shall be the duty of the auditor of state, on receipt of the aforesaid statement, to make out and furnish to the secretary of the state board of agriculture, to be by him published in the annual report of said board, a statement showing the number of sheep killed and the number injured respectively as aforesaid in each county, and the aggregate loss in each county sustained thereby, and the sum so paid thereon, and the amount, if any, remaining in the county treasury liable to be applied to such purpose, also the amount, if any, transferred to the school fund in accordance with the provisions of this act.

Duty of auditor of state.

Acts

SEC. 13. That the act entitled an act to raise revenue, protect sheep, and confiscate dogs, passed April 28, and took repealed, effect May 1, 1862 (S. & S, p. 9); also, an act to amend an act entitled "an act to restrain dogs from running at large at night, and for the protection of sheep," passed March 24, 1863, passed April 4, 1866 (S. & S., p. 9); also, an act to amend section three of an act entitled "an act to restrain dogs from running at large at night, and for the protection of sheep," passed March 24, 1863, passed April 4, 1866, passed March 13, 1868 (S. & S., p. 10); also, an act entitled "an act more effectually to protect wool growers against loss by dogs," passed March 24, 1860 (S. & C., p. 71); also, an act entitled "an act requiring township assessors to ascertain the number of sheep killed and injured by dogs," passed February 5, 1856 (S. & C., p. 87), be and the same are hereby repealed.

SEC. 14. This act shall take effect and be in force from and after June 1, 1877.

Passed May 5, 1877.

C. H. GROSVENOR,
Speaker of the House of Representatives.

H. W. CURTISS,
President of the Senate..

Width, ascent, and construction of turnpike, plank road,

etc.

Proviso.

AN ACT

To amend section thirty-four of an act to provide for the creation and regulation of incorporated companies in the state of Ohio (S. & C., p. 295).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section thirty-four of the above recited act be amended so as to read as follows:

Section 34. That all turnpikes and plank roads shall be opened not exceeding sixty feet wide, thirty feet of which shall be cleared of brush and logs, and at least sixteen feet shall be made an artificial road, composed of stone, gravel, wood, or other convenient material, well compact together, in such manner as to secure a firm, even and substantial road, and in no case shall the ascent in any such turnpike or plank road be greater than five degrees; provided, that no company or association of individuals, which has been or may hereafter be incorporated for the purpose of making any turnpike or plank road, shall be authorized to erect or keep up any toll gate, or receive toll within the corporate limits of any city or incorporated village, or within eighty rods of the same.

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

Passed May 5, 1877.

C. H. GROSVENOR,
Speaker of the House of Representatives.

H. W. CURTISS.
President of the Senate.

Proviso.

AN ACT

To limit taxation in certain counties in this state.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the commissioners of each county in this state, having, at the last Federal census, a population of more than forty-five thousand and less than fifty thousand inhabitants, shall, at their session in June of each year, levy such amount as shall be necessary to provide for the ordinary or general expenses of the county, the building and repair of bridges and culverts, the maintenance of the poor, the repair of county buildings, and all other purposes which are paid out of the county treasury by order of the commissioners, the courts or the auditor, and including any levy authorized by vote of the people, and said commissioners shall, at the time of making said levy, designate the amount which shall be levied for each separate fund; provided, that not exceeding five mills on each dollar valuation of the taxable property of the county shall be levied in any one year.

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

Passed May 5, 1877.

C. H. GROSVENOR,
Speaker of the House of Representatives.

H. W. CURTISS,
President of the Senate.

AN ACT

For the better protection of policyholders in life insurance companies.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That each and every person holding a policy of insurance, issued by any life insurance company on the life of any person, is and hereafter shall be entitled to be furnished by such company with a copy or copies of any application or document, either written or printed, or both, held by such company, upon which such policy was issued, or which may affect the validity of the same. And it is hereby made the duty of any such insurance company, upon demand being made for such copy by the holder of such policy, or by any person upon whose life such policy was so issued, to make out and forthwith furnish to such person or persons a certified copy or copies of any and all such applications or friend's certificates, under the hand of the president, secretary, or other proper officer of said company, and under its seal.

SEC. 2. In case such life insurance company shall neglect or fail for thirty days from the time of such demand to furnish to such person a copy or copies of all such papers as are mentioned in the preceding section, and as provided therein, such company shall thereafter be forever barred from setting up by way of defense to any suit on such policy of insurance any error or incorrectness, fraud, or misrepresentation of the person making the same, or any mistake therein whatever, but such application or other paper or document shall thereafter be taken and held, so far as the same may affect any claim under any such policy, or any fund secured thereby, to be in all respects true and correct.

SEC. 3. That from and after July first, eighteen hundred and seventy-seven, all life insurance companies doing business in this state, to return with, and as part of any policy issued by such companies, to any person taking such life insurance policy a full and complete copy of each application or other document held by such insurance company, which is inteneed in any manner to affect the force or validity of such policy, and any life insurance company neglecting so to do, shall as long as it is in default for such copy or copies aforesaid, be estopped from denying the truth of any such

Life insurpanies shall furnish copies of papers on application of poli

ance com

cyholders.

Failure to comply with request will bar company from setting up defense.

Duty of inpany after July 1, 1877.

and medical certificates

must be

made in or

application or other document, and in case such company shall neglect, for thirty days after demand made therefor to furnish such copies as provided in this act, such company shall be forever barred from setting up as a defense to any suit on such policy, any want of truth or any incorrectness of such application or other document.

SEC. 4. That from and after the taking effect of this act

Applications it shall be unlawful for any life insurance company doing business in this state, to take any application, medical certificate or other document, for insurance upon the life of any person in cipher, or by character of any sort, other than ordinary written or printed language, and any such application, medical certificate, or other document hereafter taken in violation of this section shall be held to be void and of no effect as against any person claiming under any policy of insurance issued thereon.

dinary writ

ten or printed language.

SEC. 5. This act shall take effect and be in force from and after its passage.

C. H. GROSVENOR, Speaker of the House of Representatives. H. W. CURTISS,

President of the Senate.

Passed May 5th, 1877.

Authority to remove and enlarge gas works.

Appropriation for im

AN ACT

For enlarging the gas works to the asylum for idiotic youth, and for rebuilding bridge at Cleveland hospital for the insane.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the trustees of the asylum for idiotic youth are authorized to remove and enlarge the gas works of said institution, and for this purpose and necessary work to the

provements. engine-house connected therewith, there is appropriated out

Appropriation for re

building bridge, etc., for Cleveland hospital.

of any money in the treasury to the credit of the asylum fund not otherwise appropriated the sum of four thousand dollars.

SEC. 2. There is hereby appropriated out of any money in the treasury to the credit of the asylum fund not otherwise appropriated for Cleveland hospital for the insane, for rebuilding bridge and abutments destroyed by freshet, five hundred dollars.

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

C. H. GROSVENOR,

Speaker of the House of Representatives.

H. W. CURTISS,

President of the Senate.

Passed May 5th, 1877.

AN ACT

To amend an act entitled "An act to amend an act entitled 'an act amendatory to an act entitled an act to provide for the creation and regulation of incorporated companies in the State of Ohio, passed May 1, 1852, passed April 18, 1-56, passed April 14, 1870," passed March 15, 1875. (0 L., 1575, p. 55.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the first section of the above recited act of March 15, 1875. be so amended as to read as follows:

Section 1. That any number of persons, not less than three, may associate themselves together, as provided in the sixty-third, sixty-fourth and sixty-fifth sections of the act entitled an act to provide for the creation and regulation of incorporated companies in the state of Ohio, passed May 1, 1852, for the purpose of constructing and maintaining a canal or canals for hydraulic purposes, with necessary culverts, water-ways and fixtures; building and repairing steamboats and other water-craft; constructing, building and repairing railways, roads and canals; erecting and maintaining tanks for the storage of oil; building and operating dry-docks and marine railways; printing and publishing a newspaper, or books or other publications; quarrying stone, marble or slate; purchasing and using patent rights, with the right to issue license for the same; manufacturing sewer, roofing and flooring tile; boring or digging for oil, salt, or for other vegetable, medicinal or mineral fluid in the earth, and for refining or purifying the same; mining coal, ores and other minerals, or manufacturing the same, in whole or in part, or both, and carrying on business usually connected with the main objects of the corporations aforesaid; and, when organized, shall be a body corporate, having all the privileges, immunities and powers conferred upon manufacturing companies by said act, and shall be governed, in all respects, by the provisions of said act, and the acts supplementary and amendatory thereto. SEC. 2. That the first section of the act hereby amended be, and the same is hereby repealed.

SEC. 3. This act shall be in force from and after its passage.

C. H. GROSVENOR,
Speaker of the House of Representatives.
H. W. CURTISS,

President of the Senate.

Formation of company for purpose of constructing canal or hydraulic companies, etc.

Passed May 5th, 1877.

AN ACT

To authorize railway companies to issue preferred stock.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any railway company here ofore incorporated under the general laws of this state, for the purpose of constructing a railway, having a gauge not exceeding three feet,