Penalty for taking shell-fish but unmarked ground. [Substitute for House Bill No. 681.] CHAPTER 177. An Act amending an Act concerning the Taking of Shell-Fish from Designated but Unmarked Ground. Be it enacted by the Senate and House of Representatives in Section 3248 of the general statutes is hereby amended to from designated read as follows: No person shall rake, gather, or collect any shells or shell-fish upon any oyster grounds designated to any person under the provisions of this title, unless said ground has at each corner thereof a buoy or stake visible above mean high water, with the name or initials of the owner of said ground plainly marked or painted thereon, or upon a tag attached to the top of such buoy or stake, also intermediate buoys set on the parts of the boundary lines adjoining the portions of the ground upon which such work is being done so that the distance between said buoys shall not be more than eight hundred feet. Every person who shall violate any provision of this section shall be fined not more than one hundred dollars. Approved, June 28, 1907. Appointment of town agent; person engaged not to be appointed. [House Bill No. 181.] CHAPTER 178. An Act amending an Act concerning the Appointment of Town Agents. Be it enacted by the Senate and House of Representatives in Section 2722 of the general statutes is hereby amended by in sale of liquor inserting after the words "one-half thereof " in the eleventh line the words "but no person shall be appointed as such agent who has been licensed to sell spirituous and intoxicating liquors, or has been engaged in the sale of such liquors as servant or agent of any person so licensed, or has been convicted of any violation of the laws concerning the sale of such liquors within two years next preceding the date of his appointment, and the appointment of any such person as such agent shall be null and void," so that said section as amended shall read as follows: Whenever any town shall have voted by ballot at its annual town meeting that no person shall receive a license for the sale or exchange of spirituous and intoxicating liquors within said town, the selectmen of said town shall appoint in towns of not more than five thousand inhabitants, as established by the last preceding census of the United States, one suitable person to act as the agent of such town for the purchase and sale of spirituous and intoxicating liquors within the limits of said town, for sacramental, medicinal, chemical, and mechanical uses only; and in towns of more than five thousand inhabitants, as established by said census, said selectmen may, at their discretion, appoint one such agent for each five thousand inhabitants, and for any fraction exceeding one-half thereof; but no person shall be appointed as such agent who has been licensed to sell spirituous and intoxicating liquors, or has been engaged in the sale of such liquors as servant or agent of any person so licensed, or has been convicted of any violation of the laws concerning the sale of such liquors within two years next preceding the date of his appointment, and the appointment of any such person as such agent shall be null and void. Such selectmen, or a majority of them, may remove any such agent or agents at pleasure, and appoint others in their stead. Every such agent shall hold his office for one year or until the next succeeding board of selectmen shall come into office, unless sooner removed. Such selectmen shall authorize the treasurer of said town to furnish to said agent the necessary money for the purchase of spirituous and intoxicating liquors for the uses aforesaid. Approved, June 28, 1907. [Substitute for Senate Bill No. 27.] CHAPTER 179. An Act concerning Taxes on Inheritances. Be it enacted by the Senate and House of Representatives in property to SECTION 1. The provisions of section 2368 of the general Classes of statutes as amended by section one of chapter 63 of the public which tax acts of 1903 shall apply to the following property belonging applies. to deceased persons, nonresidents of this state, which shall pass by will or inheritance under the laws of any other state or country, and such property shall be subject to the tax prescribed in said section: All real estate and tangible personal property, including moneys on deposit, within this state; all intangible personal property, including bonds, securities, shares of stock, and choses in action the evidences of ownership of which shall be actually within this state; shares of the capital stock or registered bonds of all corporations organized and existing under the laws of this state the certificates of which stock Notice by probate court to or which bonds shall be without this state, where the laws of the state or country in which such decedent resided shall, at the time of his decease, impose a succession, inheritance, transfer, or similar tax upon the shares of the capital stock or registered bonds of all corporations organized or existing under the laws of such state or country, held under such conditions at their decease by residents of this state. SEC. 2. Whenever ancillary administration has been taken state treasurer. out in this state on the estate of any nonresident decedent having property subject to said tax under the provisions of section one of this act, the court of probate having jurisdiction shall have the same powers in relation to such tax and shall give the same notice to the state treasurer of all hearings relating thereto as is required in the case of the estates of resident decedents, and with the same right of appeal. The provisions of this act concerning notice to the tax commissioner shall not apply to cases where ancillary administration has been taken out in this state upon the estates of nonresident decedents. When ancillary administration is granted possession not to be taken of prop paid to state SEC. 3. Where ancillary administration has not been taken out in this state on the estate of a nonresident decedent, including any property within the provisions of section one of this act, erty until tax is no executor, administrator, or trustee appointed under the laws of any other jurisdiction shall assign, transfer, or take possession of any such property standing in the name or belonging to the estate of, or held in trust for, such decedent until the tax prescribed in section 2368 as amended shall have been paid to the state treasurer or retained as hereinafter provided. treasurer. Transfer of property to foreign executor SEC. 4. No corporation or person in this state having possession of or control over any such property, including any corporation any shares of the capital stock of which may be subject to said tax, shall deliver or transfer the same to such foreign executor, administrator, or trustee, or to the legal representatives of such decedent, or upon their order or request, unless notice of the time and place of such intended delivery or transfer be mailed to the tax commissioner at least ten days prior to said delivery or transfer; nor shall any such corporation make any such delivery or transfer without retaining a sufficient amount of said property to pay any such tax which may be due or may thereafter become due under said section 2368 as amended, unless the said tax commissioner consents thereto in writing. Failure to mail such notice, or to allow the tax commissioner to examine said property, or to retain a sufficient amount to pay such tax shall, in the absence of the written consent of the tax commissioner, render such corporation or person liable to the payment of a penalty of three times the amount of such tax, which payment shall be enforced in an action brought in the name of the state. Assessment of by tax commis SEC. 5. Said tax commissioner, personally or by his rep- tax and notice to resentative, may examine said property at the time of said de- state treasurer livery or transfer, and it shall be his duty, as speedily as possi- sioner. ble after receiving notice of said property or of the intended delivery or transfer thereof, to fix the valuation of such property for the purpose of assessing such tax; and he shall assess the tax, and the amount thereof, payable on said property. Wherever a tax is assessed on such property by such tax commissioner he shall forthwith lodge with the state treasurer a statement showing such valuation with the amount of said tax, and shall give notice thereof to the person or corporation having possession of or control over said property. Any administrator or executor appointed under the laws of any other jurisdiction who is aggrieved by the valuation or assessment affixed as aforesaid by the tax commissioner, may, within twenty days after the date of the filing of the aforesaid statement with the treasurer, apply to the court of probate in any district in which any of said property so assessed is situated, which court shall have full power to cause a revaluation of all property so assessed and a reassessment of the tax thereon, to be made in the manner provided by law for the appraisal of and the assessment of the succession tax on estates of resident decedents, and subject to the same right of appeal. SEC. 6. Section two of chapter 63 of the public acts of Repeal. 1903 as amended by chapter 256 of the public acts of 1905 is hereby repealed. Approved, July 10, 1907. [House Bill No. 770.] CHAPTER 180. An Act concerning the Powers of Trust Companies. Be it enacted by the Senate and House of Representatives in powers of SECTION 1. Any provision of law regarding trust com- Limitation on panies, whether contained in the general statutes or in the trust companies. charter of any trust company incorporated by this state, which authorizes or permits trust companies to issue, sell, or negotiate their own bonds or mortgage securities, or their own choses in action secured by mortgage of real estate which are to be issued, sold, or negotiated as investments, or which authorizes or permits trust companies to guarantee the bonds, mortgage securities, or other choses in action of other persons or corporations. issued, sold, or negotiated as investments, or which authorizes or permits trust companies to engage in the business of marine, Not applicable, when. fire, or life insurance, or fidelity, surety, accident, health, liability, credit, title, or other form of casualty insurance, is hereby repealed; and to that extent this act shall be an amendment to the charter of every such trust campany, and it shall not be necessary for such companies, or any of them, to accept said amendment. SEC. 2. This act shall not apply to any corporation actually engaged on the first day of January, 1907, in the business of a title insurance and guarantee company, in so far as the right of such company to continue such business of title insurance and guarantee is concerned. Approved, July 8, 1907. [Substitute for House Bill No. 74.] CHAPTER 181. Penalties for violation of liquor law. An Act amending an Act concerning Penalties for Violation of Liquor Laws. Be it enacted by the Senate and House of Representatives in Section 2712 of the general statutes is hereby amended by adding at the end thereof the words "but when such subsequent conviction shall be for the violation of any such provision for a violation of which such person shall have been previously convicted, such person shall be fined not less than twenty-five nor more than two hundred dollars, or imprisoned not less than ten days nor more than six months, or both," so that said section as amended shall read as follows: Every person convicted of a first violation of any of the provisions of the laws relating to the sale of spirituous and intoxicating liquors shall be fined not less than ten nor more than two hundred dollars; on every subsequent conviction such person shall be fined as aforesaid, or imprisoned not less than ten days nor more than six months, or both; but when such subsequent conviction shall be for the violation of any such provision for a violation of which such person shall have been previously convicted, such person shall be fined not less than twenty-five nor more than two hundred dollars, or imprisoned not less than ten days nor more than six months, or both. Approved, July 5, 1907. |
