CHAP. 161 Chapter 161. An Act to amend Section thirty-four of Chapter forty-one of the Revised Be it enacted by the Senate and House of Representatives in Section I. Section thirty-four of chapter forty-one of the revised statutes is hereby amended by striking out all of said section before the word "in" in the eleventh line, and inserting in place thereof the following: "Towns at their annual meetings may fix the times in which clams may be taken within their limits, and the prices for which its municipal officers shall grant licenses or permits therefor, and the number to be granted; and when not so regulated by vote, the municipal officers may fix the times and prices for which permits shall be granted and the number to be granted. No person shall take clams within the limits of any towns having so regulated the taking of clams without first obtaining a written license or permit from the municipal officers of such town, unless the clams are for the consumption of himself and family, or for the consumption or use of inhabitants of the town or any person temporarily resident therein. Whoever takes clams contrary to the provisions. of this section, shall for each offense, be fined not more than ten dollars or imprisoned not more than thirty days,' so that said section, as amended, shall read as follows: section 34, chapter 41, R. S., amended. Towns may taking be taken for 'Section 34. Towns at their annual meetings may fix the times in which clams may be taken within their limits, and the regulate prices for which its municipal officers shall grant licenses or permits therefor, and the number to be granted; and when not so regulated by vote the municipal officers may fix the times and prices for which permits shall be granted, and the number to be granted. No person shall take clams within the limits of any towns having so regulated the taking of clams, without first obtaining a written license or permit from the municipal officers of such town, unless the clams are for the consumption of himself and family, or for the consumption or use of inhabitants of the town or any person temporarily resident therein. Whoever takes clams contrary to the provisions of this section, shall for each offense, be fined not more than ten dollars, or imprisoned not more than thirty days. In all contracts relating to the sale of clam bait by the barrel, and clam bait barrels, unless otherwise specified in the contract, a barrel shall be twenty-seven and one-half inches long, sixteen inches head diameter, outside measure, holding not less than twenty-one gallons and not more than twenty-three gallons.' clams may family use permit. without Section 2. This act shall take effect when approved, but shall not be construed to effect the repeal of chapter three hundred and seventeen of the private and special laws of Maine, approved March twenty-six, nineteen hundred and three, nor of any law applicable to a particular locality passed by the legislature in the year nineteen hundred and five, but any town to which any special law applied may in addition have all the advantages of this act if such town shall so vote. Approved March 24, 1905. Duties of the attorney general. Shall prosecute the state. Chapter 162. An Act enlarging the Duties and fixing the Compensation of the Attorney Be it enacted by the Senate and House of Representatives in Section I. The attorney general shall appear for the state, the secretary of state, the treasurer of state, the bank examiner, the insurance commissioner and the state boards and commissions, in all suits and other civil proceedings in which the state is a party or interested, or in which the official acts and doings of said officers are called in question, in all the courts of the state; and in such suits and proceedings before any other tribunal when requested by the governor or by the legislature or either branch thereof. All such suits and proceedings shall be prosecuted or defended by him or under his direction. Writs, summonses or other processes served upon such officers shall forthwith be transmitted by them to him. All legal services required by such officers, boards and commissions in matters. relating to their official duties shall be rendered by the attorney general or under his direction. Said officers, boards and commissions shall not act at the expense of the state as counsel in any suit or proceedings in which the state is interested. Section 2. All civil actions to recover money for the state all claims for shall be brought by the attorney general or by the county attorney in the name of the state, and the attorney general shall appear before the departments and tribunals of the United States and the committees of Congress to prosecute all claims of the state against the United States. Shall consult with and assist county attorneys. Section 3. He shall consult with and advise the county attorneys in matters relating to their duties; and if in his judgment the public interest so requires, he shall assist them by attending the grand jury in the examination of a case in which the accused is charged with treason or murder, and appear for the state in the trial of indictments for treason or murder. Section 4. He may, if in his judgment the public interest so requires, prosecute by indictment or complaint any person who intrudes on the land, rights or property of the state, or commits or erects a nuisance thereon. Shall enforce Section 5. He shall enforce due application of funds given due or appropriated to public charities within the state, and prevent of appropriabreaches of trust in the administration thereof. Section 6. He shall give his written opinion upon questions of law submitted to him by the governor and council, secretary of state, treasurer of state, bank examiner, insurance commissioner, or any of the state boards or commissions or by either branch of the legislature. Section 7. The attorney general shall appoint a deputy who shall be designated as assistant attorney general, and who shall serve during the pleasure of the attorney general or until a successor is duly appointed and qualified. His office shall be at the capitol and he may perform all the duties required of the attorney general by chapter forty-seven of the revised statutes, and such other duties as the attorney general may require of him. application tions to public charities.. Shall give opinions on of law governor and written questions submitted by council or by certain state departments. Deputy attorney general, appointment of. He shall receive an annual salary of eighteen hundred dollars, --salary of and actual cash expenses while in the discharge of his duties deputy. away from the capitol, and he shall receive no further fees, perquisites or emoluments. of attorney general. Section 8. The attorney general shall receive an annual --salary salary of four thousand dollars and actual cash expenses while in the performance of his official duties. Said salaries shall be in full for all services and in lieu of all fees. He shall collect all fees payable to him by virtue of his office, and pay over the same to the treasurer of state on the first days of January, April, July and October in each year. Section 9. This act shall take effect on the first day of July, This act shall one thousand nine hundred and five. take effect July 1, 1905. 12 Approved March 24, 1905. CHAP. 163 Certain honorably discharged soldiers and sailors of war of 1861, exempted from payment of poll tax. Chapter 163. An Act to exempt Soldiers and Sailors of the Civil War from poll tax. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Every soldier or sailor who served in the army or navy of the United States in the war of eighteen hundred and sixty-one and who has an honorable discharge from such service, resident within the state of Maine, who is not assessed for taxes in his own town for more than five hundred dollars is hereby forever exempt from the assessment and payment of a poll tax within any city, town or plantation in this state. Section 2. This act shall take effect when approved by the governor. Approved March 24, 1905. Rights of parties in assessment of damages for property taken for public uses. Property shall be located by a description before being entered on except to make surveys. --location and map shall be filed with county commis. sioners. Chapter 164. An Act relating to the Location and Assessment of Damages for Property taken for Public Uses. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. All locations made and all damages assessed for the taking of property by the exercise of the right of eminent domain; except for property taken by the United States, the state of Maine, or a county or municipality thereof, or a quasi municipal corporation, and excepting property which when taken is being or is necessary to be used by the owner thereof in the performance of a public duty; shall be made and assessed and the rights of the parties shall be as follows, notwithstanding anything contained in the act granting such right, whether the same has been heretofore, or shall be hereafter passed. Section 2. All property so taken shall, before it is entered upon for any purpose except to make surveys, be located by a description, signed by the party taking, which shall describe in detail the property taken, and give the names of the owners thereof and shall be accompanied by a map showing said property as described. Such location and map shall be filed with the county commissioners of the county where the property is located, who shall indorse the time of filing thereon and order the location recorded. A copy of said location shall be recorded in the registry of deeds for the place where the property is located. When for any reason, the taker fails to acquire the property authorized to be taken and which is described in such location, or the location recorded is defective or uncertain, the taker may, at any time, correct and perfect such location, and file a new description thereof; and in such case the taker is liable in damages, only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and the taker shall not be liable for any acts which would have been justified if the original taking had been valid and legal. Section 3. For all property taken by the exercise of the right of eminent domain the owners are entitled to damages to be paid by the taker and estimated by the county commissioners, on written application of either party, made within three years after such taking; or, if proceedings thus commenced fail for causes not affecting the merits, new ones may be commenced within one year thereafter, and when no estimate is made within such time the owner may maintain an action of trespass, or have any remedy herein provided. The guardian of a person incapable of giving a valid conveyance whose property is taken, may settle and give a valid release for damages; and persons having any interest in such property have the rights and remedies of owners to the extent of their interest. When requested by the owner said commissioners shall require the taker to give security for the payment of damages and costs, by depositing at its risk, with the clerk, within thirty days, specie, notes or obligations of a state or public corporation, or other security satisfactory to the party requiring it. When entitled to it, so much of any specie so deposited shall be paid to him as will satisfy his judgment. Notes or obligations so deposited shall be delivered to the officer having a warrant of distress, to be by him sold as personal property is sold on execution, to satisfy the warrant and fees, and any balance shall be paid to the taker of such property. Section 4. In all cases of petition to the commissioners of any county praying for the assessment of damages on account of any property so taken, the notice to the adverse party of the time and place of hearing thereon shall be a personal notice of fourteen days, or by publication of the petition and order of notice thereon in some newspaper published in said county, two weeks successively, the last publication being fourteen days before said hearing. Section 5. Said commissioners, in awarding damages for property so taken, on the application of the taker, may prescribe such terms and conditions, in all respects for the use of the prop CHAP. 164 --description may be corrected. owners domain, to damages. |