CHAP. 70. Directors of insurance companies may be divided into classes. -term of office. -vacancies, how filled. Chapter 70. An Act authorizing Insurance Companies to divide their Directors into Classes. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. All insurance companies, stock or mutual, established in this state, may, by their by-laws, divide their directors into two or three classes, to hold their office for two or three years, according to the number of classes, and until others shall be chosen in their stead. SECT. 2. At the first election after such classification, the company shall designate the term for which each director is elected, in such manner that one class shall thereafter go out of office annually. SECT. 3. Vacancies shall be filled for the remainder of the term of the class in which they occur. The repeal of such by-law shall not affect the term of the directors then in office; but all directors elected before such repeal shall hold office until the expiration of the term for which they were originally elected. Approved February 7, 1876. Sec. 1, ch. 55, R. Certain miscellaneous societies, Chapter 71. An act to amend chapter fifty-five, section one, of the Revised Statutes, in relation to Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: The first section of chapter fifty-five of the revised statutes is hereby amended by inserting 'as a grange of patrons of husbandry,' so as to read as follows, to wit: 'SECT. 1. When seven or more persons desire to be incorpohow incorporated. rated as the proprietors of a social, military, literary, scientific, or a county law library; as a masonic lodge, or chapter of any order or degree; as a lodge of the independent order of odd fellows; as a division of the sons of temperance; as a tent of rechabites; as a grange of patrons of husbandry, as a council of the sovereigns of industry; or as a society to promote in any way the cause of temperance; or for any literary, scientific, musical, charitable, or benevolent purpose whatsoever, they may apply in writing to any justice of the peace in the county, and he may issue his warrant, directed to one of said applicants, requiring him to call a meeting of the applicants, at such time and place as the justice appoints. Approved February 9, 1876. PARTITION OF REAL ESTATE.-PROBATE COURTS. Chapter 72. An act to amend section eighteen of chapter eighty-eight of the Revised Statutes, relating to Partition of Real Estate. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: 55 CHAP. 72. R. S., amended. Partition of real estate, expenses of, how paid. SECT. 1. Section eighteen of chapter eighty-eight of the revised Sec. 18, ch. 88, statutes, is hereby amended so that it shall read as follows: 'An account of all the charges and expenses attending the partition, shall, on request of any petitioner, be presented to the court, and the presiding judge shall determine, after giving notice to all concerned, the equitable proportion thereof to be paid by the several owners in the lands of which partition has been made, and execution therefor may be issued against any owner neglecting to pay.' apply to cases pending. SECT. 2. This act shall not apply to the taxation of costs and This act not to payment of expenses in any petition for partition now pending. SECT. 3. This act shall take effect when approved. Approved February 9, 1876. Chapter 73. An act to amend section three of chapter seventy of the Revised Statutes, in relation to the time in which Assignees shall file an inventory in Probate Court. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: S., amended. Section three of chapter seventy of the revised statutes is here- Sec. 3, ch. 70, R. by amended by striking out the word "ten," in the fourth line of said section, and inserting in the place thereof the word 'twenty,' so that said section, as amended, shall read as follows: to be given. 'SECT. 3. The assignee named in such assignment shall give a Bond of assignees bond to the judge of probate, in such sum and with such sureties, living in the county, as shall be satisfactory to him, and shall immediately thereafter take possession of the property assigned, and within twenty days after the execution of the assignment, shall file in the probate office an attested copy thereof, and an inventory, under oath, of all the real estate, gocds, chattels, rights and credits of the assignor, which have come to his possession or knowledge, whether contained in the assignment or not. Said bond shall be conditioned as follows: First. To return into the probate office within ten days after conditions of. the time allowed to creditors to become parties to the assignment, an inventory of any real or personal estate of the assignor, not already returned, whether contained in the assignment or not, and CHAP. 74. the names of all creditors who have become parties to the assignment, with a list of their respective claims. Second. To make proportional distribution of all the net proceeds of such estate among such creditors as become parties to the assignment. Third. To render a true account of his doings, on oath, to the judge of probate, within six months, and at any other time when cited by the judge. Approved February 9, 1876. Ch. 226, public laws 1874, amended. Suits against foreign insurance brought. Service on agent valid against company. Judgment shall bind company. Chapter 74. An Act to amend "An Act to amend sections sixty-three and sixty-four of chapter forty-nine of the Revised Statutes, relating to Foreign Insurance Companies." Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section sixty-three of chapter forty-nine of the revised statutes, as amended by chapter two hundred and twenty-six of the public laws of the year one thousand eight hundred and seventy-four, is hereby further amended by striking out the words "by the officer holding the execution," in the thirteenth and fourteenth lines of said section, so that said section, as amended, shall read as follows: 'SECT. 63. Any person having a claim against any foreign companies, where insurance company, may bring a suit therefor in the courts in this state, including trustee suits. And service made on any authorized agent of said company shall be valid and binding on the company, and hold it to answer to such suit. And the judgment rendered therein shall bind the company as a valid judgment in every respect, whether the defendants appear or not. In case no In case no agent agent of such company can be found, such notice or service, served on the state insurance commissioner, who shall immediately notify said insurance company, by mail, shall be valid and binding on the company, as though served on their agent. Unless any such judgment is paid within thirty days after demand made upon any such agent or insurance commissioner, the commissioner may, on notice and hearing of the parties, suspend the power of the company to do business in this state until it is paid. And if the company, or any agent thereof, issues any policy in this state during such suspension, said company and agent shall each forfeit not exceeding one hundred doliars; but any policy so issued shall be binding on the company in favor of the holder.' be found, service, how made. Company suspended from doing business unless judgment be paid in thirty days. -penalty for violation. Approved February 9, 1876. Chapter 75. An act to enable non-resident Guardians to obtain property in this state belonging to their Wards residing in other states or territories of the United States. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: CHAP. 75. Guardians and wards, residents of other states, erty in this state, proceedings in case of. entitled to prop In all cases where any guardian and his ward may both be residents of any other state or territory of the United States, and such ward may be entitled to property of any description in this state, such guardian, on producing to the probate court, or other court of competent jurisdiction of the county in which such property or the principal part thereof is situated, a full and complete transcript from the records of a court of competent jurisdiction in the state or territory in which he and his ward reside, duly exemplified or authenticated, showing that he has been appointed guardian of such ward, and that he has given a bond and security, in the state or territory in which he and his ward reside, in double the value of the property of such ward, and also showing to such court that a removal of the property of such ward will not conflict with the terms or limitations attending the right by which the ward owns the same, then such transcript may be recorded in such court, and such guardian shall be entitled to receive letters of guardianship of the estate of such ward from such court, which shall authorize him to demand, sue for and recover any such property, and remove the same to the place of residence of himself and his ward. And such court may order any resident guardian, Resident guarexecutor or administrator, having any of the estate of such ward or wards, to deliver the same to such non-resident guardian : Provided, all debts known to exist against such estate have been proviso. first paid. Approved February 9, 1876. dians to deliver estate to non-resident guardians. Chapter 76. An act relating to Normal Schools. Be it enacted by the Senate and House of Representatives in Legis lature assembled, as follows: priation for SECT. 1. That for the support of the two Normal Schools Annual approestablished by the state, namely, the Western Normal School at normal schools. Farmington, and the Eastern Normal School at Castine, the sum of thirteen thousand dollars is hereby annually appropriated; the same to be expended under the direction of the Normal School Trustees, as required by act of legislature, chapter one hundred CHAP. 77. Appropriation for normal schools, how paid. and fourteen, in the year of our Lord one thousand eight hundred and seventy-three. SECT. 2. The state treasurer is hereby authorized and directed to deduct from any of the school moneys raised for the support of the common schools of the state, the sum of thirteen thousand dollars, for the purposes indicated in this act. SECT. 3 All acts and parts of acts inconsistent with this act are hereby repealed. SECT. 4. This act shall take affect when approved. Approved February 9, 1876. Sec. 16, ch. 77, Certificate receiv ed in vacation, ment and issue of execution. Chapter 77. An act to amend section sixteen of chapter seventy-seven of the Revised Statutes, relating to Judicial Courts. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section sixteen of chapter seventy-seven of the revised statutes is hereby amended by striking out in the second line, the words. "section fourteen," and inserting in their place the words 'this chapter,' so that said section as amended shall read as follows: 'SECT. 16. The clerk of a county, by virtue of a certificate rendition of judg- provided for in this chapter, received in vacation and stating the day of its reception, which shall be deemed the day of the rendition of judgment, shall enter judgment as of the preceding term, and execution may issue as of that term; but all attachments then in force continue thirty days after the next term in that county; and if the defendant was arrested on mesne process Disclosures, when and gave bond to disclose after judgment, he may do so after said next term without breach of his bond.' Attachments in force thirty days after next term. made. Approved February 11, 1876. License to build and maintain fish weirs. Chapter 78. An act in relation to the erection of Wharves and Fish Weirs in Tide Waters. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Any person intending to build and maintain any wharf or fish weir in tide waters, within the limits of any city or town in this state, may make application in writing to the municipal officers thereof, stating the location, limits and bound |