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[Senate Bill No. 138.]

CHAPTER 105.

An Act amending an Act concerning Official Envelopes for

Ballot on License Question.

Secret ballot on license question.

Be it enacted by the Senate and House of Representatives in

General Assembly convened:

Section 2639 of the general statutes is hereby amended by Official envelopes. striking out the word three in the twelfth line of said

section and inserting in lieu thereof the word " ten,” so that said section as amended shall read as follows: When any town shall vote upon the question of license, the selectmen of the town shall provide a suitable ballot box for the reception of the license votes, which box shall be marked “License,” and said box shall be kept open for the reception of votes upon the question of license during the same hours as is the box for the reception of the votes for town officers. Box-tenders and a checker shall be appointed by the registrars as is provided for the ballot box for the reception of the votes for town officers, and the duties of such box-tenders and checker shall be the same as are imposed upon the box-tenders and checkers for the ballot box for town officers. The secretary of state shall furnish the town clerk of each town voting on the question of license, upon application of said town clerk, at least ten days before election, a sufficient number of official envelopes to supply each of the electors of said town. Said envelopes shall be uniform in size and color, which color shall correspond with the color of the ballots furnished under the provisions of section 2640. They shall be self-sealing, and upon the face of the envelope shall be printed the word, “ License,” and upon the back the words, “ Official envelope.” The duties of the tenders of the envelope booth shall be the same in regard to the license envelopes as those of official envelope booth-tenders at elections. The duties of all other town or election officers shall be the same in regard to the “ License” envelopes that they are in regard to the other official envelopes.

Approved, June 5, 1907.

[Substitute for House Bill No. 163.]

CHAPTER 106.

An Act concerning Lobster Fisheries.

Revocation of

Be it enacted by the Senate and House of Representatives in

General Assembly convened:

Section 1. No person shall engage in or follow the oc- in lobster ishing cupation of lobster fishing in this state unless he shall have first to obtain permit. obtained a permit therefor from the commissioners of fisheries and game, which permit shall be nontransferable, shall be issued in such form, under such lawful regulations consistent with the provisions of this act as said commissioners shall from time to time establish, and to such persons as said commissioners shall determine, and shall be valid until revoked by said commissioners or surrendered as hereinafter provided.

SEC. 2. The commissioners may revoke any such permit permit. for cause, and the permit held by any person convicted of a violation of section 3175 of the general statutes or any law concerning the taking or sale of lobsters shall be immediately surrendered by him to the commissioners, and no permit shall be issued to said person within one year after the date of such surrender.

SEC. 3. Every person who violates the provisions of section Penalties. one of this act shall be fined not less than fifty dollars, or imprisoned not more than thirty days, or both; and every person who neglects or refuses to surrender his permit as provided in section two shall be fined not less than twenty-five dollars; and any boats, pots, tackle, and apparatus used by any person in lobster fishing in violation of the provisions of this act, may be seized in the manner provided by section 3110 of the general statutes.

Approved, June 5, 1907.

[Substitute for House Bill No. 528.]

CHAPTER 107.

An Act concerning the Discharge of Mortgages.

Be it enacted by the Senate and House of Representatives in

General Assembly convened: When the record title of real property is incumbered by any Release of mortundischarged mortgage, and the mortgagor and those having ment of his estate therein have been in undisturbed possession of such undisturbed posproperty for fifteen years after the expiration of the time

rt after fifteen years

session.

limited in the mortgage for the full performance of the conditions thereof, or, if the promissory note or other written evidence of indebtedness secured by such mortgage is payable on demand and is negotiable, then for fifteen years after the date of said promissory note or other written evidence of indebtedness, the mortgagor or those having his estate in said property may bring a petition to the superior court for the county in which such mortgaged property is situated, setting forth the facts and claiming a judgment as hereinafter provided. Such petition shall be served on all persons interested in said mortgage in the manner provided by law for service of process in civil actions, and if upon hearing no evidence is offered of any payment on account of the debt secured by said mortgage within said period of fifteen years, or of any other act within said period in recognition of its existence as a valid mortgage, the court may render a judgment reciting the facts and its findings in relation thereto, which judgment shall, within thirty days thereafter, be recorded in the land records in the town clerk's office of the town in which said mortgaged property is situated, and no action to enforce a title under said mortgage shall thereafter be maintained.

Approved, June 5, 1907.

[Substitute for House Bill No. 652.]

CHAPTER 108.

An Act concerning the Placing of Children from County

Temporary Homes.

Written agreement

Be it enacted by the Senate and House of Representatives in

General Assembly convened:

SECTION 1. Whenever, hereafter, any child from a county board of manage- temporary home shall be placed by the board of management of menty and person such county home in a private family, in accordance with the

provisions of the general statutes, the responsible person receiving such child shall execute in duplicate a written agreement with the board of management of the county home concerned, substantially in the following form: In consideration of receiving a child, (name)

years, into my family home from the county temporary home, I , of the city, town of

, do hereby agree with the board of management of said county temporary home, that so long as said child shall be within the care of my family,

Said child shall be given sufficient and suitable food, clothing and bed, and medical attendance when necessary, and

, aged

shall not be required to perform an amount of labor unsuitable for his age or strength.

2. Said child shall be given full opportunity to attend school during the terms and hours prescribed by the laws of the state and the rules of the state board of education.

3. Said child shall be given full opportunity to attend religious services and receive instruction in the faith of his parents, when that is known.

4. Notice shall be given to said county temporary home of any change of residence of my family or of said child within three days after such change.

5. The name of said child shall not be changed except by the approval of the board of managers of the county home and by application to the superior court, as provided by section 551 of the general statutes, and notice shall be given to said county temporary home whenever such change of name is made.

.A. B. (Town or city.)

(District or street.) (Date.)

One copy of such agreement shall be retained by the person receiving such child, and the other copy placed and kept on file at the county temporary home.

Sec. 2. Printed forms for the agreement provided for in Forms to be section one of this act shall be furnished by the comptroller, at comptroller? the expense of the state, to the boards of management of the temporary homes in the several counties.

Approved, June 5, 1907.

[Substitute for House Bill No. 581.]

CHAPTER 109.

An Act amending an Act concerning the Taxation of Costs in

Civil Actions.

Be it enacted by the Senate and House of Representatives in

General Assembly convened:

Section 4840 of the general statutes is hereby amended by Taxation of costs striking out the words “ for maps when necessary in trials involving titles to or easements in real estate” in the thirty-first and thirty-second lines thereof and inserting in lieu thereof the words " for maps, plans, mechanical drawings, and photographs necessary or convenient in the trial of any case," so that said section as amended shall read as follows: The fees of parties in civil actions shall be: for each complaint, exclusive of signing and bond, one dollar and fifty cents for the first

page, and for each succeeding page, seventy-five cents; for each judgment file, one dollar, and seventy-five cents for each additional page, when such judgment file exceeds one page. The prevailing party in any civil action in the superior court, court of common pleas, district court of Waterbury, city, town, or borough court, shall receive, by way of indemnity, the following sums: for all proceedings before trial, ten dollars; for the trial of an issue of law or fact, fifteen dollars, but if more than one issue of fact shall be tried at any one time, only one trial fee shall be allowed; in appeals from justices of the peace only onehalf of the foregoing fee shall be allowed; in any civil action in a city, town, or borough court, wherein the matter in demand is within the jurisdiction of a justice of the peace, the same sum by way of indemnity as would have been allowed in a justice court; the prevailing party in any justice court; by way of indemnity for all proceedings, one dollar. In difficult or extraordinary cases in the superior court, where a defense has been interposed, the court may, in its discretion, make a further allowance to the prevailing party, not to exceed one hundred dollars. The following sums may be allowed to the prevailing party in causes pending in the supreme court of errors: for all proceedings, twenty dollars; for expenses actually incurred in printing copies of briefs, a sum not exceeding fifteen dollars; and to the plaintiff in error, plaintiff in a cause reserved, or to the appellant, as the case may be, the record fee of twenty-five dollars, provided judgment is finally rendered in his favor. The foregoing costs, in the supreme court of errors, shall be in the discretion of the court on reservation of a case for advice, or when a new trial shall be granted, and nothing herein shall interfere with the discretion of the court in taxing costs in cases asking equitable relief. Parties shall also receive, for each witness attending court, his legal fee and mileage; for each deposition taken out of the state, five dollars, if taken within the state, three dollars; on an application for the sale of property attached, the expenses incurred; for maps, plans, mechanical drawings, and photographs necessary or convenient in the trial of any case, a reasonable sum; for copies of records used in evidence, bonds, recognizances, and subpoenas, court and clerk's fees; for the signing and service of process, the legal fees payable therefor, except that no fee shall be allowed for the return of a subpoena to court.

Approved, June 5, 1907..

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