the revised statutes, but the warrant may be issued on complaint of said warden or either of his deputies,' so that said section as amended shall read as follows: CHAP. 62. Evidence of vio lation of law for killing moose. forfeited. 'SECT. 13. If any person has in his possession the carcass or hide, or any part thereof, of any such animal, between the first day of January and the first day of October, he shall be deemed to have hunted and killed the same contrary to law, and be liable to the penalties aforesaid; but he shall not be precluded from producing proof in defence. In case of his conviction, such car- Hide and carcass cass or hide, or any part thereof, so found in his possession, shall be decreed by the court forfeited to the use of the person prosecuting. And the warden, or either of his deputies as named in section twelve of this chapter, shall have power to search for such carcass or hide, or any part thereof, subject to the provisions of sections twelve, thirteen and fourteen of chapter one hundred and thirty-two of the revised statutes, but the warrant may be issued on complaint of said warden or either of his deputies.' Approved February 1, 1876. Warden and of. deputies, powers Chapter 62. An act to amend section five of chapter seventy-eight of the Revised Statutes, relating to election returns. Be it enacted by the Senate and House of Representatives in Legis lature assembled, as follows: R. S., amended. of votes, how determined. Section five of chapter seventy-eight of the revised statutes, i8 Sec. 5, ch. 78, amended by adding at the end thereof the following words: But in order to ascertain what persons have received the highest Highest number number of votes, the governor and council shall count and declare for any person, all votes intentionally cast for such person, although his name upon the ballot is misspelled or written with only the initial or initials of his christian name or names; and they may hear testimony, upon oath, in relation to such votes, in order to get at the intention of the electors, and decide accordingly. The provisions of this section shall be applied in determining the election of all county officers. Approved February 1, 1876. Governor and testimony. Provisions of this council may hear section applicable to election of all county officers. 50 CHAP. 63. Sec. 3, ch. 91, R. Mortgages forfeited, how redeemed. MORTGAGES ON PERSONAL PROPERTY.-LOGS AND LUMBER. Chapter 63. An act to amend section three of chapter ninety-one of the Revised Statutes relating to mortgages on personal property. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section three of chapter ninety-one of the revised statutes, is hereby amended by striking out the final "r" in the word mortgager in the seventh line, and substituting 'e' therefor, so that said section as amended shall read as follows: 'SECT. 3. When the condition of a mortgage of personal property to secure the payment of more than thirty dollars, is broken, the mortgager or any person lawfully claiming under him, may redeem it at any time before it is sold by virtue of a contract between the parties or on execution against the mortgager, or before the right of redemption is foreclosed as hereinafter provided, by paying or tendering to the mortgagee, or the person holding the mortgage by assignment thereof, recorded where the mortgage is recorded, the sum due thereon, or by performing or offering to perform the conditions thereof when not for the payment of money, with all reasonable charges incurred, and the property if not immediately restored, may be replevied, or damages for withholding it recovered in an action of the case.' Approved February 1, 1876. Sec. 34, ch. 91, Lien for labor on lumber. -to continue for sixty days. Chapter 64. An act to amend section thirty-four of chapter ninety-one of Revised Statutes, relating to liens on Logs and Lumber. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section thirty-four of chapter ninety-one of revised statutes is hereby amended by inserting after the word "lumber," in the second line thereof, the words or at cooking for persons engaged in such labor;' and by inserting after the word "services," in the third line thereof, the words and the services performed by his team,' so that said section as amended shall read as follows: 'SECT. 34. A person who labors at cutting, hauling, rafting or driving logs or lumber, or at cooking for persons engaged in such labor, shall have a lien thereon for the amount due for his personal services, and the services performed by his team, which shall take precedence of all other claims, except liens reserved to the states of Maine and Massachusetts; to continue for sixty days ORGANIZATION OF BUSINESS CORPORATIONS.-SAVINGS BANKS. after the logs or lumber arrive at the place of destination for sale or manufacture; and be enforced by attachment.' 51 CHAP. 65. Lien, how enforced. Approved February 3, 1876. Chapter 65. An act to provide for the organization of Business Corporations. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Corporations for the carrying on of any lawful business within this state, except banking, insurance, the construction and operation of railroads or aiding in the construction thereof, and the business of savings banks, trust companies or corporations intended to derive profit from the loan or use of money, and safe deposit companies, including the renting of safes in burglar and fire-proof vaults, and also telegraph companies, may be organized in the same manner now provided by law for incorporation of manufacturing, mining and quarrying companies. SECT. 2. All companies organizing under the provisions of this act, shall fix the amount of the capital stock, which shall not be less than two thousand dollars nor more than five hundred thousand dollars. SECT. 3. This act shall take effect when approved. Approved February 3, 1876. Chapter 66. An act to repeal charters of Savings Banks and Banking Institutions which have not organized or shall not have organized previous to August first, eighteen hundred and seventy-six. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. All charters heretofore granted to savings banks and banking institutions which have not yet organized, or shall not have organized and commenced business prior to August first, in the year of our Lord one thousand eight hundred and seventy-six, shall be then repealed and made void. SECT. 2. This act shall take effect when approved. Approved February 7, 1876. СНАР. 67. Weekly close time for taking fish on Penobscot river and branches. When lawful to take said fish. Penalty for violation. Chapter 67. An act additional to chapter forty of the Revised Statutes, to prevent the destruction of certain fish in the upper waters of the Penobscot river. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: There shall be between the first day of April and the fifteenth day of July each year, a weekly close time of four days, from sunrise on Sunday to sunrise of Thursday of each week during which no salmon, shad, alewives or bass shall be taken or destroyed from or in the waters of the Penobscot river or its branches above the railroad bridge between Bangor and Brewer, but between said Thursday and Sunday at sunrise, as aforesaid, it shall be lawful to take any of said fish in said waters above said bridge, any law to the contrary notwithstanding. Any person violating the provisions of this act shall be liable to a penalty of fifteen dollars for each salmon, and five dollars for each other fish aforesaid, taken or destroyed from or in said waters during the period above interdicted. Approved February 7, 1876. Certificate of cities, towns, &c., to be returned annually to state supt. of common schools. Amount of money voted by town. -payable from state. -expended for common schools. -unexpended. Chapter 68. An act in relation to Fiscal School returns of towns to be made to the state Superintendent of Common Schools. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. The assessors or municipal officers of each city, town or plantation, shall on or before the first day of May in each year, make to the state superintendent of common schools, a certificate, under oath, embracing the following items: First. The amount of money voted by the town for common schools at the last preceding annual meeting. Second. The amount of school moneys payable to the town from the state treasury during the last school year, meaning by the school year, the year ending with the first day of April. Third. The amount of money actually expended for common schools during the last school year. Fourth. The amount of school moneys unexpended, whether in the town treasury or in the hands of district agents. Fifth. Answers to such other inquiries as may be presented to secure a full and complete statement of school revenues and school expenditures. СНАР. 69. Blanks for renished to towns. turns to be fur SECT. 2. It shall be the duty of the state superintendent of common schools to prepare and furnish to the town officers such blanks as he may deem proper to secure the fiscal returns required in section one of this act. And furthermore it shall be the duty of the said superintendent to return to the state treasurer on the first day of July annually, a list of such towns as have made the fiscal returns required by section one of this act, and no school moneys shall be paid by the state treasurer to any town, so long from towns in as it neglects to make such fiscal returns. Approved February 7, 1876. Superintendent to the treasurer of make return to state. Money withheld case of neglect. Chapter 69. An act permitting the Defendant to give bond in Trustee Process. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: process may be SECT. 1. In any suit hereafter brought in this state, wherein Bond in trustee any person, company or corporation is summoned as a trustee of given. the defendant, the defendant may deliver to the officer holding the writ, a bond, running to the creditor, in the amount of the addamnum of the writ, with surety or sureties approved according to the provisions of section twenty-four of chapter one hundred and thirteen of the revised statutes, conditioned to pay whatever judgment may be recovered against the defendant, and the taxable costs, within thirty days from the date of final judgment in said suit. given. SECT. 2. When any officer shall receive any bond according to notice of, when the foregoing provisions, he shall immediately give written notice. thereof to the trustee or trustees, and he shall be allowed to charge as fees the sum of fifty cents for each trustee so notified and for his necessary travel. court. SECT. 3. The officer shall file the bond in court with the writ, to be filed in and shall make return of his doings relative thereto, in his return upon the writ. legal notice of, to SECT. 4. When any person, company or corporation, summoned of defendant, as trustee in any action, shall be legally notified that the defendant discharge parties. has given bond, as above described, he or they shall be discharged. from all further liability in said action, and any such trustee shall not be required to make any disclosure into court, and shall not recover any costs in said action. Approved February 7, 1876. |