CHAP. 97. Bank examiner to ascertain the convenience of depositors. find the provisions of the act have been complied with, it shall be his duty, from the best information at his command, to ascertain : First. Whether greater convenience of access to a savings bank or trust and loan association, will be afforded to any considerable number of depositors by opening a savings bank or trust and loan association, at the place designated in such certificate. Second. Whether the responsibility, character and general responsibility fitness for the discharge of the duties appertaining to such a trust, of the persons named in such certificate, are such as to command the confidence of the community in which such savings bank or trust and loan association, is proposed to be located. of corporators. shall issue authorization to certificate of SECT. 6. If the examiner shall be satisfied from his knowledge, or from information gained, concerning the several points named in the last preceding section, that the organization of a savings bank or trust and loan association, as proposed in such certificate, will be a public benefit, he shall, within sixty days after the same has been received by him for examination, issue, under his hand, a certificate of authorization to the persons named in such certificate, or to them, or to a portion of them, together with such other persons as a majority of those named in such certificate of association shall, in writing, approve; also a duplicate to the secretary to the secretary of state; which certificate, so issued by him, shall authorize the persons named therein to open an office for the deposit of savings, as designated in the certificate of association, subject to the provisions of this act. SECT. 7. Upon the filing of any certificate of authorization of a savings bank or trust and loan association, as herein before provided, with the secretary of state, the persons named therein, and their successors, shall, thereupon and thereby, be duly and lawfully constituted a body corporate and politic, and shall be vested with all the powers and charged with all the liabilities conferred and imposed by this act. Approved February 18, 1876. corporators. of state. Corporation, when authorized to transact busi ness. Chapter 97. An act to amend section sixty-five of chapter eighteen of the Revised Statutes, relating to Damage on Ways, as amended by chapter two hundred and fifteen of the Public Laws of eighteen hundred and seventy-four. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section sixty-five of chapter eighteen of the revised Ch. 215, laws of statutes, as amended by chapter two hundred and fifteen of acts 1874, amended. CHAP. 98. Injury or damage for defect in high ered. of eighteen hundred and seventy-four, is hereby further amended so as to read as follows: 'SECT. 65. If any person receives any bodily injury, or suffers ways, how recov- any damage in his property, through any defect or want of repair or sufficient railing in any highway, townway, causeway or bridge, he may recover for the same, in a special action on the case, to be commenced within one year from the date of receiving such injury, or suffering damage, of the county, town or person obliged by law to repair the same, if such county, town or person had reasonable notice of the defect or want of repair; and any -notice of, to be person who sustains any injury or damage, as aforesaid, shall given county commissioners notify the county commissioners of such county, the municipal and municipal officers. officers, or some one of them, of such town, or person, within sixty days thereafter, by letter or otherwise, in writing, setting forth his claim for damages and specifying the nature of his injuries, the nature and location of the defect which caused such In case of loss of injury. If the life of any person is lost through any such life, damages, how recovered. deficiency, his executors or administrators may recover of the parties liable to keep the same in repair, in an action on the case, brought for the benefit of the estate of the deceased, such sum as the jury may deem reasonable as damages, if the parties liable had reasonable notice of the deficiency which caused the loss of Court may order life; at the trial of any such action the court may, on motion of a view of the premises. either party, order a view of the premises where the defect or want of repair is alleged to have existed when it would materially aid in a clear understanding of the case.' SECT. 2. The above named notice by the person sustaining injury or damage shall not affect pending suits, nor apply to any injury or damage already sustained. Approved February 18, 1876. Woodcock and grouse, for protection of. Chapter 98. An act to amend chapter two hundred and thirty-nine of the Public Laws of eighteen hundred and seventy-four, relating to the protection of Game. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. No person shall kill or expose for sale, or have in his or her possession after the same has been killed, any woodcock, or ruffed grouse, commonly called partridge, except during the times and for the purposes hereinafter mentioned, namely: Any person may, for the purpose of consumption as food within this state, lawfully kill, expose for sale or have in possession, any woodcook, between the first day of September in any year and the first day of December following, both days inclusive; or any ruffed grouse between the first day September in any year and the first day of December following, both days inclusive. SECT. 2. No person shall kill or expose for sale, or have in possession, except alive, at any time, any woodcock or ruffed grouse with the intention of sending or transporting, or of having the same sent or transported beyond the limits of this state, under a penalty of not less than five nor more than ten dollars for each woodcock or ruffed grouse thus killed, exposed for sale, or had in possession. SECT. 3. Section one of chapter two hundred and thirty-nine of the public laws of eighteen hundred and seventy-four, is hereby amended by striking out all of said section after the words "Section one," and inserting in the place thereof the following words, viz: CHAP. 98. Woodcock and grouse, penalty for killing of, &c. sec. 1 ch. 239, amended. laws of 1874, wood-duck,snipe, 'No person shall kill or have in his possession except alive, or Penalty for killing expose for sale any wood-duck, English snipe or woodcock &c. between the first day of December and the first day of September following; or kill any ruffed grouse commonly called partridge, -partridge. between the first day of December and the first day of September following, or have the same in possession except alive, or expose for sale between the fifth day of December and first day of September following; or kill, sell or have in possession except alive, any quail or pinnated grouse commonly called Prairie quail or prairie chicken, between the first day of January and the first day of September following, under a penalty of not less than five nor more than ten dollars for each bird so killed, or had in possession, or exposed for sale.' SECT. 4. Sections four and five of chapter two hundred and thirty-nine of the public laws of eighteen hundred and seventyfour, are hereby made applicable to this act, the same as they would have been, had the preceding sections of this act been incorporated in said act of eighteen hundred and seventy-four, between the sections therein numbered four and five. Approved February 18, 1876. chicken. Secs. 4 and 5, ch. 239, laws of 1874, applicable to this act. CHAP. 99. Sec. 38, ch. 91, Amendment. Lien on goods and personal baggage for board, &c. Goods and baggage unredeemed may be sold. Chapter 99. An act to amend section thirty-eight of chapter ninety-one of the Revised Statutes, relating to Mortgages of Personal Property. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section thirty-eight of chapter ninety-one of revised statutes is hereby amended, by striking out the words "a manner hereinafter provided," and adding thereto the words 'in the manner following:''After such goods or personal baggage have.remained in the possession of such inn-holder or boarding house keeper for the period of six months unredeemed, the same may be sold by auction to pay the sum due for board or lodging, and the expense of advertising and selling the same. Before selling any such articles as aforesaid, the inn-holder or boarding house keeper holding the same, shall give thirty days' notice of the time and place of such sale in a newspaper published in the town or city where such articles are held, and if no newspaper is published in such town or city, notice shall be posted in three conspicuous places in such town or city of the time and place of sale; said notice shall give a description of such articles, and the name of the owner, and the proceeds of sale, after deducting all charges and expense of advertising said sale, shall be applied in satisfaction of the claim upon which such articles are sold, and the balance, if any, held for the benefit of the person entitled thereto. All sales under the provisions of this section shall be recorded in the office of the town clerk where such sale takes place, in a book kept for that purpose, in which the articles sold shall be correctly described, and the charges and expenses of advertising and selling, and the prices at which they were sold, and such book shall be open to the inspection of all,' so that said section, as amended, shall read as follows: SECT. 38. Inn-holders or keepers of boarding houses have a to secure payment lien on the goods and personal baggage of their boarders, to secure the payment of any money due from them for board or lodging, and may enforce the same by a sale of such goods or baggage, in the manner following: After such goods or personal baggage have remained in the possession of such inn-holder or boarding house keeper for the period of six months, unredeemed, the same may be sold at auction to pay the sum due for board or lodging, and the expense of advertising and selling the same. Before selling any such articles, as aforesaid, the inn-holder or boarding house keeper holding the same shall give thirty days' notice of the time and place of such sale, in a newspaper published in the town or city where such articles are held, and if no newspaper is published in such town or city, notice shall be posted in Notice of sale to be given. CHAP. 100. Inn holders shall give description of articles and name of person. Proceeds of sale, three conspicuous places in such town or city, of the time and place of sale; said notice shall give a description of such articles, and the name of the owner, and the proceeds of sale, after deducting all charges and expense of advertising said sale, shall be applied in satisfaction of the claim upon which such articles how appropriated are sold, and the balance, if any, held for the benefit of the person entitled thereto. All sales under the provisions of this section Record of sales to shall be recorded in the office of the town clerk where such sale takes place, in a book kept for that purpose, in which the articles sold shall be correctly described, and the charges and expenses of advertising and selling, and the prices at which they were sold, and such book shall be open to the inspection of all.' Approved February 18, 1876. be kept. Chapter 100. An act to amend section forty-two of chapter two of the Revised Statutes, relating to the distribution of Election Blanks. Be it enacted by the Senate and House of Representatives in Legis lature assembled, as follows: S, amended. SECT. 1. Section forty-two of chapter two of the revised Sec. 42, ch. 2, R statutes is hereby amended by striking out all after the words "distributed to the," in the second line, and adding in lieu thereof the words, 'town clerks of the several towns, by mail; and if the clerk of any town shall fail to receive such blanks by the twentieth day of August, in each year, he shall forthwith notify the secretary of state. If the secretary neglect this duty he shall forfeit one hundred dollars for each offence,' so that the section as amended shall read as follows: Blanks for elec tion returns to be distributed to mail. town clerks by -clerks to notify 'SECT. 42. He shall cause all blanks for all election returns required by law to be seasonably distributed to the town clerks of the several towns, by mail; and if the clerk of any town shall fail to receive such blanks by the twentieth day of August, in any year, he shall forthwith notify the secretary of state. If the secretary neglect this duty he shall forfeit one hundred dollars for lect of duty. each offence.' secretary of state if not received. Penalty for neg SECT. 2. All laws in any way conflicting with the provisions of Certain laws this act are hereby repealed. repealed. Approved February 18, 1876. |