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such report may be signed and sworn to by the secretary of such corporation instead of by the president thereof; provided, however, that the secretary and treasurer be not the same person.

Approved, April 4, 1907.

[House Bill No. 78.]

CHAPTER 28.

An Act concerning Sales of Real Estate by Order of Courts of Probate.

Be it enacted by the Senate and House of Representatives in

General Assembly convened:

gaged real estate

person.

No court of probate shall order the sale of any real estate Sale of mortof a deceased person, when said real estate has been conveyed or of deceased mortgaged by the heirs or devisees of such deceased person to a purchaser or mortgagee, in good faith and for value, except within the period of ten years after the death of such deceased person; provided, that a sale of the equity of redemption in real estate mortgaged as aforesaid may be ordered by said court, subject to such mortgage.

Approved, April 4, 1907.

[House Bill No. 320.]

CHAPTER 29.

An Act amending an Act concerning Aiding the Escape of
Insane Patients.

Be it enacted by the Senate and House of Representatives in
General Assembly convened:

ing in escape of habitual drunk

ard, or dipso

maniac.

Chapter 110 of the public acts of 1905 is hereby amended Penalty for aidby inserting after the word " insane" in the fourth line thereof insane person, the words "or as an habitual drunkard or dipsomaniac," so that said chapter as amended shall read as follows: Every person who shall aid or abet, or who shall conspire with another to aid or abet, the escape from any hospital or sanitarium of any person committed to such hospital or sanitarium as insane or as an habitual drunkard or dipsomaniac, shall be fined not more than five hundred dollars, or imprisoned not more than two years, or both.

Approved, April 4, 1907.

Penalty for embezzlement by bailee.

[Substitute for House Bill No. 38.]

CHAPTER 30.

An Act amending an Act concerning Embezzlement by Bailee.

Be it enacted by the Senate and House of Representatives in
General Assembly convened:

Section 1419 of the general statutes is hereby amended by adding at the end thereof the words "or fined not more than five hundred dollars, or both," so that said section as amended shall read as follows: Every bailee of goods or chattels, who shall wilfully destroy, purloin, secrete, or in any way unlawfully appropriate the same or any part thereof to his own use, or to the use of others, shall be imprisoned not more than six months, or fined not more than five hundred dollars, or both. Approved, April 4, 1907.

Enumeration of children in districts.

[House Bill No. 275.]

CHAPTER 31.

An Act concerning the Enumeration of Children.

Be it enacted by the Senate and House of Representatives in
General Assembly convened:

SECTION 1. Section 2252 of the general statutes is hereby amended to read as follows: The committee of each school district or, if they fail or are unable to do so, the clerk, shall annually in October ascertain the name and age of every person over four and under sixteen years of age who shall belong to such district, on the first Monday of said month, together with the names of the parents or guardians of such persons, and the place where such persons are attending school in said month of October. If any such persons are not attending school, then the person making the enumeration shall ascertain the reason for such nonattendance and, if such persons are employed at labor, the names of their employers or of the establishments where they are employed. Returns shall be made to the school visitors of the town to which such district belongs, on or before the twentieth of October; children temporarily residing in one district but having parents or guardians residing in another shall be enumerated only as belonging to the latter district. For making such enumeration the committee or clerk of the district shall receive one dollar, and in addition thereto three cents for each child enumerated in excess of fifty,

and the cost of said enumeration shall be paid from the amount appropriated by the town for the support of schools in said district. If the return of enumeration is not made to the board of school visitors on or before said twentieth of October, one of the school visitors or a person duly appointed by the board of school visitors shall make a complete enumeration before the first of November next following and return it to said school visitors, and shall receive therefor a sum not to exceed five cents for each child so enumerated.

consolidated dis

SEC. 2. Section 2255 of the general statutes as amended Enumeration in by chapter 64 of the public acts of 1903 is hereby amended to tricts. read as follows: Town school committees shall annually appoint one or more persons who shall, in October of each year, ascertain the name and age of every person over four and under sixteen years of age who shall belong to such town on the first Monday of said month and the place where such persons are attending school in said month of October. If any such persons are not attending school, then the person making the enumeration shall ascertain the reason for such nonattendance and, if such persons are employed at labor, the names of their employers or of the establishments where they are employed. Returns shall be made to the town school committee on or before the twentieth of October. Said person so appointed shall receive a sum not exceeding five cents for each child so enumerated. Such return shall be signed by the person making it and sworn to substantially according to the form prescribed in section 2253. The town school committee shall examine and correct the returns made to it so that no person shall be enumerated twice or be improperly returned, and lodge them, as corrected, with the town treasurer, and shall also transmit to the comptroller, on or before the fifth of December annually, a certificate in which the number of persons shall be inserted in words at full length, which shall be sworn to substantially according to the form prescribed in section 2254.

comptroller.

SEC. 3. Section 2167 of the general statutes is hereby Report to amended to read as follows: The board of school visitors, town school committee, or board of education, as the case may be, shall make returns signed by the chairman and secretary, of the number of persons over four and under sixteen years of age in their respective towns, to the comptroller, and shall in said returns specify how many of those thus returned were attending some school, public or private, in October when said enumeration was made, and how many were not so attending; how many of those who were not attending school were under five years of age, how many were over five and under seven, how many were over seven and under fourteen, and how many were over fourteen and under sixteen years of age, and the

606

Penalty for

using horse, boat,

motor vehicle, or

USE OF MOTOR VEHICLE WITHOUT PERMISSION.

[Jan.,

chairman and secretary shall draw orders on him for the public
money due the town as prescribed in chapter 141. No town
shall receive any money for schools from the state treasury un-
less the returns herein required are made.

Approved, April 11, 1907.

[House Bill No. 53.]

CHAPTER 32.

An Act concerning the Use of a Motor Vehicle without Per-
mission of the Owner.

Be it enacted by the Senate and House of Representatives in
General Assembly convened:

66

Section 1232 of the general statutes is hereby amended by bicycle without inserting after the word "boat" in the second line thereof the consent of owner. words motor vehicle," so that said section as amended shall read as follows: Every person who shall wilfully take and use the horse, boat, motor vehicle, or bicycle of another, without his permission, shall be fined not more than fifty dollars, or imprisoned not more than three months, or both. Approved, April 11, 1907.

Release of sick prisoner.

[House Bill No. 749.]

CHAPTER 33.

An Act amending an Act concerning the Release of Sick

Prisoners.

Be it enacted by the Senate and House of Representatives in
General Assembly convened:

as

SECTION 1. Section 2943 of the general statutes
amended by chapter 39 of the public acts of 1905, is hereby
amended by inserting after the word "malignant " in the first
line of said section as amended the words "contagious, or in-
fectious," so that said section as amended shall read as follows:
Any person committed to jail, becoming sick with a malignant,
contagious, or infectious disease or malady which from its
nature will be incurable during his term of imprisonment, may
be released from such jail by an order from the state's attorney
for the county where such jail is situated, indorsed with the
approval of any judge of the superior court or of the county
commissioners of such county.

SEC. 2. This act shall take effect from its passage.
Approved, April 10, 1907.

T

[Substitute for House Bill No. 140.]

CHAPTER 34.

An Act amending an Act concerning the Militia.

Be it enacted by the Senate and House of Representatives in
General Assembly convened:

Term of enlist

SECTION 1. Section 3005 of the general statutes is hereby ment. amended by striking out, commencing in the eighteenth line, the following: "Every enlisted man shall continue to be held to duty and shall retain rank and be eligible to promotion, after the expiration of his term of enlistment, or re-enlistment, until sixty days after he shall make written application to be discharged," so that said section as amended shall read as follows: All first enlistments shall be for three years, but any person who has received or is entitled to an honorable discharge from said guard by reason of expiration of term of service, may be re-enlisted for a term of two years. All enlistments shall be made by signing duplicate enlistment papers, in such form as may be prescribed by the adjutant-general, one to be forwarded forthwith to him by the enlisting officer, and one to be filed with the records of the organization in which such enlistment is made. The commanding officer of any organization authorized by this title shall be an enlisting officer, who shall administer the oath required upon enlistment. No enlistment shall be allowed of other than able-bodied male citizens of this state, between the ages of eighteen and forty-five years, residing in the town where the armory of the organization is situated, or in an adjoining town, except that company musicians and members of regimental bands may be enlisted between the ages of sixteen and fifty years. In time of peace no minor shall be enlisted without the written consent of his parent or guardian; and no uniform, allowance, pay, or compensation shall be given by the state to any enlisted man not certified by the surgeon or assistant surgeon of his regiment, or a post surgeon, to be ablebodied, in accordance with the standard prescribed therefor by the surgeon-general.

Exemption.

Dis

tion or removal.

SEC. 2. Section 3014 of the general statutes is hereby honorable disamended by striking out, commencing in the second line, the charge. Resignawords" and within sixty days after he shall make written application therefor" and by striking out all of said section after the figures "186" in the thirteenth line, so that said section as amended shall read as follows: Every, person who shall have served three years in the active militia shall, after the expiration of his term of enlistment, be thereby entitled to an honorable discharge, exempting him from military duty

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