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in-chief may detail an officer for the time being. Whenever in the opinion of the commander-in-chief the necessity exists, any commissioned officer may be ordered before the board of examination who may inquire into his moral character, general knowledge of military affairs, and fitness for the service. Said board. to report its findings to the commander-in-chief for such further action as he may deem advisable.'

CHAP. 64

amended.

Section 7. Section one hundred and twelve of said act is Section 112, hereby amended by inserting between the words "witnesses" and "and" in the fourth line thereof, the words 'or to forfeiture of pay and allowance due for military service, or both,' so that said section, as amended, shall read as follows:

'Section 112. Courts martial may, when no other punishment is fixed by law, sentence an officer or enlisted man convicted by them, to pay a fine of not exceeding two hundred dollars and costs of witnesses, or to forfeiture of pay and allowances due for military services, or both; and all fines and costs imposed by them may be recovered by the adjutant general in an action of debt in the name of the state. They may in addition to the foregoing or any other punishment fixed by law, sentence an officer convicted by them to be cashiered, dishonorably discharged, discharged without honor, discharged, or reprimanded in orders, and if sentenced to be cashiered or dishonorably discharged, the court shall adjudge him disqualified for life or for any term of years according to the aggravation of the offense, for holding any military office. And they may also in addition to the foregoing, or any other punishment fixed by law, sentence any enlisted man convicted by them to be dishonorably discharged, discharged without honor, or discharged, or may adjudge him disqualified for life or for any term of years according to the aggravation of the offense for re-enlistment or for holding any military office.'

Courts

martial,

powers of.

Section 114,

Section 8. Section one hundred and fourteen of said act is hereby amended by striking out the word "and" in the sixth amended. line, and inserting in place thereof the word 'or' so that said section, as amended, shall read as follows:

boards of

'Section 114. The commander-in-chief may, from time to Military time, appoint military boards of inquiry to consist of one or inquiry. more officers, not exceeding five, and a recording officer to reduce the proceedings and evidence in writing, whose duty it --duty of shall be to examine into any military transaction, or into the board. qualification, efficiency or propriety of conduct of any officer or soldier, who may be ordered before them for such examination; or for the purpose of settling any military question, or for estab

CHAP. 64

Section 115, amended.

Officers and men under inquiry shall be notified.

Section 121, amended.

Commander-
in-chief shall
prepare
regulations
for enroll-
ment, etc.,
of the
military
forces of
the state.

-may make changes in regulations.

lishing good order and discipline; the members thereof and wit nesses examined by them shall be sworn, the board shail report to the commander-in-chief, who may take such action by order or otherwise as he may deem advisable, but if the report is adverse to any officer or soldier, and is approved by the commander-in-chief, he may in his discretion dishonorably discharge, discharge without honor or vacate the commission of such officer, or dishonorably discharge, discharge without honor or discharge such soldier, but the commander-in-chief shall have power to remit or reduce after conviction, all forfeitures and penalties and to grant reprieves, commutations and pardons, or order a rehearing or new trial in any case tried or heard under the provisions of this act.'

Section 9. Section one hundred and fifteen of said act is hereby amended by inserting between the words "officers" and "reported" in the first line, the words. 'and enlisted men,' so that said section, as amended, shall read as follows:

'Section 115. Officers and enlisted men reported under the preceding section shall be notified, permitted to cross examine witnesses, and introduce evidence.'

Section 10. Section one hundred and twenty-one of said act is hereby amended by adding thereto the following: 'The system of discipline, and exercises of the National Guard shall conform generally to that of the army of the United States as is now or may hereafter be prescribed by congress, and to all provisions of the laws of the United States, except as otherwise provided, or may be hereafter provided, by the laws of this state,' so that said section, as amended, shall read as follows:

'Section 121. The commander-in-chief shall cause to be prepared regulations for the enrollment, government and instruction of the military forces of the state, and to carry into full force and effect the provisions of this act. Such regulations when approved by the commander-in-chief shall be published with the military law of the state together with extracts from the constitution relating thereto and distributed to the commissioned officers of the National Guard and be by them held as the property of the state to be accounted for.

The commander-in-chief is authorized to make changes in and additions to such regulations from time to time as the service may in his judgment require, but all such regulations, changes and additions shall be in conformity with the laws of this state and of the United States, and when so approved and promulgated shall have the same force and effect as the provisions of this law. Any rules, orders and regulations now in

force shall remain in force until such new regulations are

CHAP. 65

discipline.

approved and promulgated. The system of discipline and exercises of the National Guard -system of shall conform generally to that of the army of the United States as is now or may hereafter be prescribed by congress, and to all provisions of the laws of the United States, except as otherwise provided, or may be hereafter provided, by the laws of this state.'

Approved March 15, 1905.

Chapter 65.

An Act relating to the Compensation of Trustees, Visiting Committees and the Board of Cattle Commissioners.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Compensation of

visiting

and cattle

Section 1. The trustees of the state school for boys, of the Maine industrial school, of the state normal schools, of the trustees, insane hospitals and the committee of visitors to such hospitals, committees of the university of Maine, and the members of the state cattle commis. commission, shall receive from the treasurer of state five dollars per day for their services when employed, and actual traveling

expenses.

sioners.

Section 2. This act shall take effect on the first day of July, Act shall take one thousand nine hundred and five.

effect July 1, 1905.

Approved March 15, 1905.

Chapter 66.

An Act to further regulate the analysis of Food and Agricultural Seeds.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Maine
Agricultural
Experiment
analyze.

Section 1. The director of the Maine Agricultural Experi- Director of ment Station shall analyze, or cause to be analyzed, samples of agricultural seeds sold or offered for sale under the provisions Station shall of chapter thirty-nine of the revised statutes. He shall take in person or by deputy, a sample, not exceeding four ounces in shall take weight, for said analysis, from any lot or package of agricultural seeds which may be in the possession of any grower, importer, agent or dealer in the state.

samples.

tion for.

Section 2. There shall be appropriated annually from the Appropriastate treasury the sum of one thousand dollars in favor of the

CHAP. 67

-how expended.

Maine Agricultural Experiment Station, and the same may be expended in the analysis of food and agricultural seeds. So much of said appropriation shall be paid by the treasurer of state to the treasurer of said experiment station as the director of said station may show by his bills has been expended in performing the duties required by the acts regulating the sale and analysis of food and the sale of agricultural seeds. Such payment shall be made quarterly upon the order of the governor and council, who shall draw a warrant for that purpose.

Section 3. This act shall take effect when approved.

Approved March 15, 1905.

Section 53,

chapter 41, R. S., amended.

Shooting

seals

prohibited

during June,

July and
August.

Chapter 67.

An Act to amend Section fifty-three of Chapter forty-one of the Revised
Statutes, relating to a bounty on Seals.

Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:

Section 1. Section fifty-three of chapter forty-one of the revised statutes is hereby amended by striking out all of said section as far as the word "no" in the ninth line, so that said section as amended, shall read as follows:

'Section 53. No person shall during the months of June, July and August destroy seals in the waters of Casco bay by shooting with rifle or other long range weapon, which might endanger human life, under a penalty for any violation of this section, of fifty dollars, to be recovered upon complaint or indictment, before any court of competent jurisdiction.' Section 2. This act shall take effect when approved.

Approved March 15, 1905.

Manufacture or sale of adulterated articles

of food forbidden.

Definition

of the term food.

Chapter 68.

An Act to regulate the sale and analysis of Food.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section 1. It shall be unlawful for any person, persons or corporation within this state to manufacture for sale, to sell, or to offer or expose for sale any article of food which is adulterated or misbranded within the meaning of this act.

Section 2. The term food, as used in this act, shall include every article used for food or drink by man, horses or cattle.

Section 3. For the purpose of this act an article of food shall be considered as adulterated or misbranded:

CHAP. 68

Definitions of the terms adulterated

branded.

First. If any substance or substances be mixed or packed or mis. with it so as to reduce or lower or injuriously affect its quality -mixtures. or strength. !

Second. If any inferior substance or substances be substituted wholly or in part for this article.

-inferior substances.

Third. If any necessary or valuable constituent of the article lack of be wholly or in part abstracted.

necessary or valuable constituents.

Fourth. If it be in imitation of, or sold under the name of -imitations. another article.

-colored,

Fifth. If it be colored, coated, polished or powdered whereby coated, etc. damage is concealed, or if it be made to appear better or of greater value than it is.

Sixth. If it contains poisonous ingredients, or if it contains containing poisonous any antiseptic or preservative not evident or not known to the ingredients, purchaser.

etc.

or filthy.

Seventh. If it consists wholly or in part of a diseased, filthy, diseased, decomposed or putrid animal or vegetable substance.

ments on

Eighth. If the package or label shall have any statement-misstatepurporting to name any ingredient or substance as not being label. contained in the article, which statement shall be untrue in any particular.

--names of

ingredients.

Ninth. If the package or label shall bear any statement pur- all the porting to name the substance or substances of which the article is made, which statement shall not fully give the names of all substances contained therein.

labels.

Tenth. If it be labeled or branded so as to deceive or mis---deceptive lead the purchaser in any particular.

and

exceptions.

provisions.

Provided, that any article of food which is adulterated within provisions the meaning of this act, but which does not contain any poisonous or deleterious ingredient, may be manufactured or sold if the same shall be plainly labeled, branded or tagged so as to show the exact character thereof. Provided further, that nothing in --further this act shall be construed as requiring proprietors, manufacturers or sellers of proprietary foods which contain no unwholesome substances to disclose their trade formulas, except that in the case of baking powders each can or package shall be plainly labeled so as to show the acid salt or salts contained therein. Section 4. The director of the Maine Agricultural Experi- Analysis of. ment Station shall analyze, or cause to be analyzed, samples of articles of food on sale in Maine, suspected of being adulterated, and at such times and to such extent as said director may determine. And said director, in person or by deputy, shall have free access at all reasonable hours to any place wherein articles

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