RIGHTS OF MORTGAGE BONDHOLDERS.-RAILROADS. Chapter 122. An act to provide for securing the Rights of Mortgage Bondholders. Be it enacted by the Senate and House of Representatives in Legis lature assembled, as follows: 89 CHAP. 122. ch. 51, amended. Rights of mortgage bondholders, The provisions of the revised statutes, chapter fifty-one, sec- Secs. 47 to 70, tions forty-seven to seventy, each inclusive, are so far amended as to apply to and include all mortgages of franchises, lands or other hereditaments, or of all of them heretofore or hereafter given by any corporation to trustees to secure scrip or bonds of said corporation, so that the holder of said scrip or bonds may have the benefit of all said provisions, whether the said mortgages have been or may be foreclosed in the manner provided by section fifty three of said chapter, or in any other legal manner, and to the extent of and with reference to the property covered by the mortgage; the new corporation, when organized, shall have all the rights and privileges of the original corporation. Approved February 22, 1876. Chapter 123. An act to amend chapter fifty-one, section fifty-one, of the Revised Statutes, relative to Be it enacted by the Senate and House of Representatives in Legis lature assembled, as follows: Section fifty-one of chapter fifty-one of the revised statutes, is Sec. 51, ch. 51, amended so as to read as follows: R. S., amended. Trustees to keep ceipts and expen account of re ditures. appropriated. 'SECT. 51. They shall keep an accurate account of the receipts and expenditures of such road, and exhibit it, on request, to any officer of the corporation, or other person interested. They shall, from the receipts, keep the road, buildings and equipments in Receipts, how repair, furnish such new rolling stock as is necessary, and the balance, after paying running expenses, shall be applied to the payment of any damages arising from misfeasance in the management of the road, and after that according to the rights of parties under the mortgage. They shall not be personally Trustees not liable except for malfeasance or fraud. When all over due bonds and coupons secured by the mortgage are paid they shall when trustees surrender the road and other property to the parties entitled thereto.' Approved February 22, 1876. liable. shall surrender road. CHAP. 124. Title to goods, &c., in public warehouse, how passed. Account of ware house transac Chapter 124. An act additional to chapter thirty-one of the Revised Statutes, relating to Factors, Be it enacted by the Senate and Пlouse of Representatives in Legislature assembled, as follows: SECT. 1. The following sections are hereby added to chapter thirty-one of the revised statutes. 'SECT. 4. The title to goods and chattels stored in a public warehouse shall pass to a purchaser or pledgee, in good faith, by the indorsement to such purchaser or pledgee, but not in blank, of the warehouse-man's receipt therefor, signed by the person to whom the receipt was originally given, or by an indorsee of the receipt, and recorded in the books of the warehouse-man with whom such goods and chattels are stored.' 'SECT. 5. Each warehouse-man shall keep books in which shall tions to be kept. be entered an account of all transactions relating to the warehousing, storing and insuring of goods, wares and merchandise, and the issuing of warehouse-man's certificates, and the indorsement thereof, which books shall be open to the inspection of any person interested in the property stored in his warehouse.' Goods and chattels liable to attachment. ed as goods of the last indorsee." 'SECT. 6. Goods and chattels stored with a public warehouseman may be attached as the goods of the person named in the warehouse-man's receipt therefor, when no indorsement of such receipt has been recorded on the books of the warehouse-man ; may be attach- and where any such indorsement has been recorded, may be attached as the goods of the last indorsee of the receipt, shown by the books of the warehouse-man, by leaving at the warehouse where the goods are stored a copy of the writ, with a copy of so much of the officer's return thereon as relates to the attachment Attachment valid. of such goods. And an attachment so made shall be valid against any transfer of such goods, the evidence of which is not recorded in the books of the warehouse-man, when the copy of the writ is so left.' Penalty for disposing of goods without disciosing attachment. Who is deemed a public warehouseman. 'SECT. 7. Whoever indorses or assigns, or otherwise disposes of a warehouse-man's certificate, after his interest in the property described in such certificate has been attached, without disclosing the attachment thereof to the person to whom such certificate shall be indorsed, assigned, or disposed of, shall, if he has knowledge of such attachment, be punished by fine not exceeding five thousand dollars and imprisonment in the state prison not exceeding three years, or by imprisonment in the common jail not exceeding one year.' SECT. 8. Any person who advertises or offers to receive goods or merchandise, on storage for other parties, shall be deemed a public warehouse-man for the purposes of this act.' SECT. 2. This act shall take effect when approved. Chapter 125. An act for the protection of Land-Locked Salmon, Trout and Bass. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. There shall be an annual close-time for land-locked salmon, commonly so called, trout, black bass and Oswego bass, in all of the waters of this state, as follows, viz: For land-locked salmon, from the fifteenth day of September to the first day of March following; for trout, from the first day of October to the first day of March following; and for black bass and Oswego bass, from the first day of April to the first day of June following. SECT. 2. No person shall at any time catch, take, kill or fish for any land-locked salmon, trout, black bass or Oswego bass, by means of any grapnel, spear, trawl, weir, net, seine, trap, set line, either through the ice or otherwise, or with any device or in any other way than by the ordinary way of hand fishing with a single baited hook and line, or with artificial flies, under a penalty of not less than ten nor more than thirty dollars for each offence, and a further fine of one dollar for each, fish so caught, taken or killed. And all set lines, grapnels, spears, trawls, weirs, nets, seines, traps and devices other than fair angling as aforesaid, are hereby prohibited on the fresh water lakes, ponds and streams of this state; and when found in use or operation on said lakes, ponds or streams, they are hereby declared forfeit and contraband, and any person finding them in use in said waters is hereby authorized to destroy the same. Penalty for taking land-locked salmon, &c., at certain times. recovered. SECT. 3. No person shall catch, take, kill, expose for sale or have in possession, except alive, any land-locked salmon between the fifteenth day of September and the first day of March following, or any trout between the first day of October and the first day of March following; or any black bass or Oswego bass between the first day of April and the first day of June following, under a penalty of not less than ten dollars, nor more than thirty dollars, and a further fine of one dollar for each fish thus caught, taken, killed, exposed for sale or in possession, except as aforesaid. SECT. 4. All penalties imposed under the provisions of this act Penalties, how may be recovered, with costs of suit, by any person or persons, in his or their own name, before any municipal or police court, or trial justice in the county where the offence is committed, or the defendant resides; or such penalties may be recovered by an action in the superior court of the county of Cumberland, or in the supreme court of this state, which actions shall be governed by the same rules as other actions in said courts, except that upon a recovery by the plaintiff or plaintiffs in such suit in said courts, full costs shall be allowed to such plaintiff or plaintiffs, without regard to the amount of such recovery; and any judge of the Penalties, when collected, how appropriated. Punishment for non-payment of penalty. CHAP. 126. supreme court, superior court of Cumberland county, or of any police or municipal court, and any trial justice is authorized, upon receiving sufficient security for costs on the part of the complainant, and sufficient proof by affidavit of the violation of any of the provisions of this act, by any person being temporarily within his jurisdiction, but not residing therein, or by any person whose name and residence are unknown to the complainant, to issue his warrant and have such offender committed or held to bail, to answer the charge against him. Any penalties, when collected, shall be paid by the court before which conviction shall be had, one half to the county where conviction is obtained, and the remainder to the prosecutor. On the non-payment of the penalty, the defendant shall be committed to the common jail of the county, for a period of not less than ten days, and at the rate of one day for each dollar of the amount of the judgment, where the sum is over ten dollars in amount; and it shall be the duty of any county atmence actions for torney in this state, and he is hereby required to commence actions for the recovery of the penalties allowed and imposed in this act, upon receiving proper information; and in all actions brought by such county attorney, one half of the penalty recovered and colered, how applied lected shall be paid to the person giving information on which the action is brought, and the other half to the county where conviction is obtained; this clause, however, not to preclude any person from bringing suit to recover or enforce any of the penalties named in this act, without the aid or intervention of any county attorney. SECT. 5. Nothing in this act shall be construed to prevent Duty of county attorneys to com ties. Penalty recov Other persons not precluded from enforcing penal ties. This act not to prevent any per taking fish. son from lawfully any person or persons from lawfully catching fish in waters owned by him or them for the purpose of stocking other waters, or to prevent the fish commissioners or their agents, duly authorized, from lawfully taking fish at any time or in any manner for the purposes of propagation or for stocking other waters. SECT. 6. All acts and parts of acts conflicting with this act are hereby repealed. Approved February 23, 1876. Ch. 230 of public laws of 1871, not applicable to persons out of the state. Chapter 126. An act explanatory of "an act additional for the assessment and collection of taxes," approved February twenty-seven, eighteen hundred and seventy-one. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: The provisions of chapter two hundred and thirty of the public acts of eighteen hundred and seventy-one, shall not apply to vessels built, or in process of construction, or undergoing repairs, which belong to persons residing out of the state. Approved February 23, 1876. Chapter 127. An act in relation to appeals from County Commissioners. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: СПАР. 127. Act. of Jan. 29, 1873, not to apply to cases pending. Appeal from county commis sioners annulled. application for, how made. The provisions of chapter ninety-one of the laws of Maine, approved January twenty-nine, eighteen hundred and seventythree, shall not apply to any case relating to the location, alteration or discontinuance of any highway, pending at the date of the passage of said act, in which a right of appeal was thereby annulled; but parties interested may, jointly or severally, apply in writing to the county commissioners in any county where such case was then pending, within three months from the approval of this act, for leave to enter an appeal to the next term of the parties may supreme judicial court in such county, and thereupon said county cute. commissioners shall cause all further proceedings to be stayed, and such parties may enter and prosecute such appeal in said supreme judicial court with all the rights otherwise provided by law; provided, however, that this act shall not apply to ap- Proviso. peals in any case where such highway has been actually built, altered, discontinued or contracted to be built, altered or discontinued. Approved February 23, 1876. enter and prose Chapter 128. An act to amend section eighty-seven of chapter eighty-two of the Revised Statutes, relating to Evidence. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: R.S, amended. Testimony of a Exception first of section eighty-seven of chapter eighty-two of Sec. 87, ch. 82, the revised statutes, is hereby amended so as to read as follows: 'The deposition of a party, or his testimony given at a former trial, may be used at the trial after his death, if the opposite party is then alive, and in that case the latter may also testify.' Approved February 23, 1876. party while living may be used after his death. 13 |