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CHAP. 73

Chapter 73.

An Act regulating the sale of Bonds and other obligations on the installment plan by foreign corporations.

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

Business of

etc., on

Section 1. Except as hereinafter provided, no person, association or corporation shall carry on the business of issuing, selling bonds, negotiating or selling any bonds, certificates or other obligations installment issued or based on the partial payment or installment plan within under laws of this state, unless incorporated or otherwise authorized under the laws thereof.

authorized

this state.

examiner

may

authorize

such

business.

ments before

Section 2. The bank examiner may authorize any such cor- Bank poration, duly established under the laws of another state, to carry on such business in this state, but such authority shall not be granted until said corporation shall have deposited with the treasurer of this state, for the protection and indemnity of residents of this state with whom the corporation making such deposit may transact business, not less than twenty-five thousand require. dollars and annually thereafter a sum equal to fifteen per cent of the payments made to such corporation by citizens of this state, the amount of such percentage to be determined by the bank examiner. Said deposit shall be held and disposed of as provided in section seventy-seven of chapter forty-eight of the revised statutes regulating such deposits made by foreign loan and building associations.

authority given.

shall be

bank

over such

Section 3. The bank examiner shall have the same super- Authority of vision over, and the same authority to make examinations and examiner revoke and renew licenses of such corporations to do business business. as aforesaid as now provided in sections eighty-nine, ninety and ninety-one of chapter forty-eight of the revised statutes relating to foreign investment corporations, and all proceedings hereunder, other than those provided for in section two of this act shall be in conformity with said sections eighty-nine, ninety and ninety-one, so far as the same may be applicable. For such license and each renewal the corporation shall pay the examiner a fee of twenty dollars.

Section 4. This act shall take effect when approved.

Approved March 15, 1905.

--fee.

CHAP. 74

Section 19,

chapter 77, R. S., amended.

Life

insurance, disposal of.

-life

insurance on life of woman.

Chapter 74.

An Act to amend Section nineteen of Chapter seventy-seven of Revised
Statutes, relating to Title by Descent.

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

Section nineteen of chapter seventy-seven of the revised statutes relating to title by descent, is amended by adding thereto the following:

'Money received for insurance on the life of a woman, deducting the premium paid therefor within three years with interest, does not constitute a part of her estate for payment of debts, or for purposes specified in section one of chapter sixty-eight when the intestate leaves a widower or issue, but descends, one third to her widower, and the remainder to her issue; if no issue, the whole to the widower, and if no widower, the whole to the issue. It may be disposed of by will; but in case the estate is insolvent, such disposition by will shall be limited to the distribution of such money among the widower and issue in such proportions as the testatrix may designate.'

So that said section as amended, shall read as follows: 'Section 19. Money received for insurance on his life, deducting the premium paid therefor within three years with interest, does not constitute a part of his estate for payment of debts, or for purposes specified in section one of chapter sixty-eight, when the intestate leaves a widow or issue, but descends, one-third to his widow and the remainder to his issue; if no issue, the whole to the widow, and if no widow, the whole to the issue. It may be disposed of by will; but in case the estate is insolvent, such disposition by will shall be limited to the distribution of such money among the widow and issue in such proportions as the testator may designate.

Money received for insurance on the life of a woman, deducting the premium paid therefor within three years with interest, does not constitute a part of her estate for payment of debts, or for purposes specified in section one of chapter sixty-eight, when the intestate leaves a widower or issue, but descends, one third to her widower and the remainder to her issue; if no issue, the whole to the widower, and if no widower, the whole to the issue. It may be disposed of by will; but in case the estate is insolvent, such disposition by will shall be limited to the distribution of such money among the widower and issue in such proportions as the testatrix may designate.'

Approved March 15, 1905.

CHAP. 75

Chapter 75.

An Act to amend Section thirteen of Chapter thirty-two of the Revised
Statutes, relative to the manner of hunting and catching Wild Hares or
Rabbits.

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

section 13,

chapter 32,

R. S.,

amended.

rabbits may

be caught

Section thirteen of chapter thirty-two of the revised statutes is hereby amended by adding after the words "Hancock county" at the end of said section the words, 'and in Oxford, Penobscot and Piscataquis counties it may and shall be lawful to catch wild hares or rabbits in box traps,' so that the last sentence of said section, as amended, shall read as follows: "This section shall not apply to Hancock county; and in Oxford, Penobscot and Piscataquis counties it may and shall be lawful to catch wild counties. hares or rabbits in box traps.'

Approved March 15, 1905.

in box traps in Hancock, Oxford,

Penobscot

and

Piscataquis

Chapter 76.

An Act to regulate the purchase of Milk or Cream by Creameries.

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

Milk shall

be weighed

by the

and tested Babcock test.

be made

by owners
of creamery.

or operators

Section I. On and after July first, in the year nineteen hundred and five, all milk or cream purchases by any person, firm or corporation, for use in or to be resold by any creamery in this state, shall be weighed and shall be tested by the Babcock test to ascertain the amount of butter fat per pound therein contained; and the value of the cream or milk thus purchased shall be determined by the amount of butter fat per pound as thus ascertained. The test herein provided shall be made by the owners or operators of the creamery purchasing as afore--test shall said, but upon petition in writing, signed by twenty-five per cent or more of the patrons of any creamery and addressed to the commissioner of agriculture, or upon petition in writing signed by the owner or operator of any creamery and addressed to said commissioner, one or more tests shall be made by, or under the direction of said commissioner, and the finding of said commissioner shall be conclusive upon all parties therein concerned. Provided, however, that when the total number of patrons of any one creamery exceeds one hundred then the number of petitioners herein required by patrons need not exceed thirty. All samples of cream treated by said test shall be weighed and the standard unit for testing shall be eighteen grams.

-upon

petition tests made by

may be

commissioner of agriculture.

-proviso.

CHAP. 77

Penalty for violation

of this act.

Section 2. Any person, firm or corporation, or the servant or agent of any person, firm or corporation, who shall violate the provisions of the preceding section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding fifty dollars or by imprisonment not exceeding thirty days for every such violation.

Approved March 15, 1905.

Dead or injured fish shall not be cast on shores, nor released in harbors.

Penalty for violation

of this act.

Penalty, how recovered.

-disposal of fines.

Chapter 77.

An Act against the wilful destruction of Fish in the bays, harbors or rivers of this state.

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

Section I. It shall be unlawful to cast or deposit upon the shores, or release and deposit in the bays, harbors or rivers of this state any dead fish, or fish that have been smothered or injured so that they will die.

Section 2. All persons wilfully violating the provisions of this act, or aiding therein, shall be liable to a penalty of one hundred dollars, or by imprisonment not exceeding thirty days, or both, as the court before which the complaint or indictment for the violation of the preceding section may be instituted, shall determine.

Section 3. The penalty provided for by the preceding section may be recovered in the county where the offense is committed, by complaint, indictment or action of debt brought in the name of the person making the complaint; and all fines and penalties recovered by this act shall go, one-half to the person making the complaint, and the other half to the treasurer of the county in which the proceedings are commenced, and by said treasurer paid to the state treasurer to be added to, and made a part of the appropriation for sea and shore fisheries.

Section 4. This act shall take effect when approved.

Approved March 15, 1905.

CHAP. 78

Chapter 78.

An Act to amend Section ninety-three of Chapter four of the Revised
Statutes, relating to town and city by-laws and ordinances.

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

The paragraph numbered twelve of section ninety-three of chapter four of the revised statutes is hereby amended by inserting after the word "cities" in the first line thereof the words 'and all towns of more than five thousand inhabitants' and also by inserting after the word "establish" in the same line the words and adopt by-laws and,' and also by inserting after the word "such" in the last line of said section the words 'by-laws and' so that said section as amended, shall read as follows:

Paragraph 12

section 93,

chapter 4,

R. S.,

amended.

By-laws may

be adopted

cities and

towns to

regulate

and sales

'XII. Cities and all towns of more than five thousand inhabitants may establish and adopt by-laws and ordinances regulating by certain the purchase and sale of articles usually bought of old junk dealers and dealers in second hand articles, and the pawning of purchases articles with pawnbrokers, and may therein prescribe conditions to be observed by buyers and sellers, pawners and pawnbrokers, to prevent or detect the sale or purchase of stolen goods; and suitable penalties may be prescribed in such by-laws and ordinances.'

by junk pawn

dealers and

brokers.

Approved March 17, 1905.

Chapter 79.

An Act to amend Section eleven of Chapter twenty-three of the Revised
Statutes, relating to the Relocation of Highways.

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

Section eleven of chapter twenty-three of the revised statutes is hereby amended by inserting after the word "boundaries" in the sixth line of said section the following 'by placing stakes on side lines at all apparent intersecting property lines, and at intervals of not more than one hundred feet' and by inserting after the word "thereof" in the seventh line of said section the following 'make a correct return of their doings, signed by them, accompanied by an accurate plan of the way,' so that said section as amended, shall read as follows:

[blocks in formation]

county com

missioners,

'Section II. When the true boundaries of highways duly located are doubtful, uncertain or lost, the county commissioners on petition of the county wherein such highway is located, upon petition of municipal

from

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