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CHAP. 79.

cation for, public

notice to be given.

aries, as near as may be, of such intended erection or extension, and asking license for the same. Upon receiving such application Fish weirs, applisaid municipal officers shall give public notice of such application, and shall therein designate a day, giving at least three days, on which they shall meet on or near the premises described in said application, and examine the same. If upon such examination and hearing of all parties interested, said municipal officers shall when granted. decide that such erection or extension would not be an obstruction to navigation, or an injury to the rights of others, and shall determine to allow the same, they shall issue a license under their hands to the applicant, authorizing him to make said erection or extension, and to maintain the same within the limits mentioned in said license.

In waters lying

between two

towns, proceed

SECT. 2. In any river or tide water lying between two towns or cities, no such wharf or fish weir shall be erected without the approval and consent of the municipal officers of both said towns or cities; and in no case shall any wharf be extended beyond any hibited. wharf lines heretofore legally established.

SECT. 3. The application and petition aforesaid, together with the notice and proceedings thereon, shall be recorded in said town, and also the license granted. A reasonable compensation shall be paid by said petitioner to the municipal officers for their services, and to the clerk for recording, and if license is granted, an additional sum of five dollars for the same shall be paid by the said petitioner into the treasury of said town.

SECT. 4. No fish weir shall hereafter be erected or wharf extended, erected or maintained, except in accordance with the provisions of this act.

SECT. 5. This act shall take effect when approved.

Approved February 11, 1876.

ings in case of. Wharf lines, extension of, pro

proceedings and

Application, license to be Compensation to for services.

recorded.

municipal officers

Fish weirs and wharves, how

erected and

maintained.

Chapter 79.

An act to authorize the Sale of Islands belonging to the State.

Be it enacted by the Senate and House of Representatives in Legis

lature assembled, as follows:

to the state, sale of, authorized.

SECT. 1. That the land agent, under the direction of the Islands belonging governor and council, is hereby authorized and required to sell all the islands on the coast belonging to the state, at public auction, after suitable plans and examinations shall have been made and proper notice given of the time and places of such sale, in such newspapers as may be deemed necessary.

SECT. 2. All laws in any way conflicting with the provisions of this act are hereby repealed.

Approved February 11, 1876.

60

CHAP. 80.

Sec. 5, ch. 138,
R. S., amended.

Reward for arrest and return of

and fugitives from justice.

FUGITIVES FROM JUSTICE.-EXECUTORS AND ADMINISTRATORS.

Chapter 80.

An act to amend section five of chapter one hundred thirty-eight of the Revised
Statutes, relating to Fugitives from Justice.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. Section five of chapter one hundred and thirty-eight of the revised statutes, is hereby amended so as to read as follows: 'SECT. 5. Whenever any prisoner who has been convicted of, escaped prisoners or charged with, a capital crime or other high offence, escapes from prison in this state; or there is reasonable cause to believe that any person who is charged with such offence and has not been apprehended therefor, cannot be arrested and secured in the ordinary course of proceedings, the governor may, upon application in writing, of the attorney general or county attorney for the county in which such offence was committed, and upon such terms and conditions as he may deem expedient and proper, offer a suitable reward, not exceeding one thousand dollars, for the arrest, return and delivery into custody of every such escaped prisoner or fugitive from justice; and upon satisfactory proof that the terms and conditions of such offer have been complied with, may, with the advice of the executive council, draw his warrant upon the treasurer for the payment thereof.'

-when paid.

SECT. 2. This act shall take effect when approved.

Approved February 11, 1876.

Sec. 8, ch. 64, R.
S., amended.

Bond of executors, relating to.

Chapter 81.

An act to amend section eight, chapter sixty-four of the Revised Statutes, relating to the duties of Executors and Administrators.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section eight of chapter sixty-four of the revised statutes is hereby amended by inserting after the word "judge," in the fourth line, the words 'on application of parties interested,' so that said section as amended shall read as follows:

'SECT. 8. Letters testamentary may issue, or sales of real estate be made under the provisions of a will, without the executor giving bond, or by his giving one in a specified sum, when the will so provides; but when it appears necessary or proper, the judge, on application of parties interested, may require him to give bond as in other cases.'

Approved February 12, 1876.

PAUPERS-WITNESSES AND EVIDENCE.-INSOLVENT ESTATES.

Chapter 82.

An act in relation to the Settlement of Paupers.

Be it enacted by the Senate and House of Representatives in Legisature assembled, as follows:

61

CHAP. 82.

paupers.

No person shall acquire a settlement, subjecting a town to pay Settlement of for his support on account of poverty or distress, by reason of his residing in said town as tender of a draw-bridge, or toll keeper of a bridge owned by another town, and in a toll house also owned by another town.

Approved February 12, 1876.

Chapter 83.

An act to amend section eighty-seven of chapter eighty-two of the Revised Statutes, relating to Witnesses and Evidence, by adding a fifth exception.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

'Fifth. In all actions where an executor, administrator or other legal representative is a party, and the opposite party is an heir of the estate of the deceased, said heir may testify when any other heir of the estate of the deceased shall testify at the instance of such executor, administrator or other legal representative. The provisions of this act shall not apply to testimony to be used in actions or causes of actions now pending.'

Approved February 12, 1876.

Testimony of probate cases.

witnesses in

not to apply to cases pending.

Chapter 84.

An act to amend section three, chapter sixty-six of the Revised Statutes, relative to
Insolvent Estates.

Be it enacted by the Senate and House of Representatives in Legis

lature assembled, as follows:

Section three of chapter sixty-six of the revised statutes, is Sec. 3, ch. 66, R. hereby amended by striking out the first, second and third lines S., amended. of said section, to the word "appoint," and inserting instead. thereof the following: when it appears to the administrator that an estate may be insufficient to pay the debts of the fifth class, on his application to the judge of probate, the judge shall,' so that said section, as amended, shall read as follows:

'SECT. 3. When it appears to the administrator that an estate may be insufficient to pay the debts of the fifth class, on his

Commissioners

may be appointed

to receive and

decide claims against insolvent estates.

CHAP. 85. application to the judge of probate, the judge shall appoint two or more commissioners to receive and decide upon all claims against the estate, except those of the administrator. They are to be first sworn, and are to make report to the court of all claims presented, and of their disposition, with the sum allowed on each claim. But the judge may, for sufficient cause, revoke such appointment and issue a new commission, or proceed otherwise as the case may require.'

Appointment may be revoked.

Approved February 15, 1876.

Assessments of county commissioners to build roads.

Chapter 85.

An act to amend sections fifty-one and fifty-five of chapter six of the Revised Statutes, and section seven of chapter twenty-five of the Public Laws of eighteen hundred and seventy-five, relating to Duties of County Commissioners.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. Chapter six of the revised statutes is hereby amended in section fifty-one, by striking out, in the third line, the word "immediately," and inserting instead thereof the words 'at their Time for making first regular session,' and by inserting in the nineteenth line, after the word "years," the words 'from the date of the assessment.' SECT. 2. Section fifty-five of said chapter six is hereby amended by changing the word "July," in the fourth line, to 'June.'

and opening

roads.

-when to be paid.

Altering or grading ways.

SECT. 3. Section seven of chapter twenty-five of the public laws of eighteen hundred and seventy-five, is hereby amended by inserting the words 'altering or,' before the word "grading," in the fifth and in the sixth lines.

Approved February 15, 1876.

Portland Montgomery Guards,

Chapter 86.

An act additional to chapter twenty-nine of the Public Laws of eighteen hundred and sixty-nine, concerning the Militia.

Be it enacted by the Senate and House of Representatives in Legislalure assembled, as follows:

SECT. 1. The volunteer company known as the Portland Montduties and privi gomery Guards, is hereby made subject to all the duties and

leges of.

granted all the privileges provided for volunteer companies of militia, by chapter twenty-nine of the public laws of eighteen hundred and sixty-nine.

SECT. 2. This act shall take effect when approved.

Approved February 15, 1876.

PLANTATIONS.-PARISHES-ASSIGNMENTS FOR CREDITORS.

Chapter 87.

An act to amend section forty-six of chapter three of the Revised Statutes, relating to

Plantations.

Be it enacted by the Senate and House of Representatives in Legis

lature assembled, as follows:

63

CHAP. 87.

S, amended.

Section forty-six of chapter three of the revised statutes is Sec. 46, ch. 3, R. hereby amended by striking out the words "and fifty," in the sixth line thereof, so that the same, as amended, shall read as follows:

Census of unin

corporated town

ships, duty of

County commis

sioners respect

ing.

'The county commissioners of the counties containing unincorporated townships, shall, at the expiration of every period of five years from March, in the year of our Lord one thousand eight hundred and sixty-one, determine from the United States census, when taken the preceding year, and by actual enumeration when not so taken, what townships have not less than two hundred inhabitants, and make a suitable description and designation to be recorded thereof, and return them to the secretary of state, to be by him state. recorded.'

Approved February 15, 1876.

by secretary of

Chapter 88.

An act to repeal section twelve of chapter twelve of the Revised Statutes, relating to

Parishes.

Be it enacted by the Senate and House of Representatives in Legis

lature assembled, as follows:

SECT. 1. That the twelfth section of chapter twelve of the Appropriation of

revised statutes, is hereby repealed.

SECT. 2. This act shall take effect when approved.

Approved February 15, 1876.

pew rent.

Chapter 89.

An act additional to chapter seventy of the Revised Statutes, relating to assignments

for the benefit of creditors.

Be it enacted by the Senate and House of Representatives in Legis

lature assembled, as follows:

power over

SECT. 1. The judge of probate within the county in which the Judge of probate, assignor resides, shall have the same power and jurisdiction over assignments. the doings and accounts rendered of the assignee, that he has over the doings and accounts of executors and administrators.

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