CHAP. 88 -shall give public notice of taking of shore rights, etc. -by lease, etc., may acquire more than two acres. Persons wishing to fish industry may, under direction of commissioner, have not exceeding one acre set apart for that purpose. -hearing shall be had. -may issue certificate. -certificate shall be recorded. -public notice of issuance of certificate shall be given. the location, and shall also cause suitable marks or ranges to be set upon the adjacent upland so as to define, as far as practicable, the limits and boundaries of the location to be used in such experiments; and shall cause public notice of the taking of such shore rights, flats or waters to be given by publishing the fact of such taking once a week for three successive weeks in a newspaper published in the county where the shore rights, flats or waters are situated. And said commissioner may take possession of by agreement, lease or grant and under such terms and conditions as may be agreed upon with the owner thereof, suitable shellfish grounds, flats, waters and water rights, not limited to two acres in area, with necessary shore rights, and may use and operate the same under the provisions of and for the purposes of this act. Section 3. The commissioner, upon the application of any person or corporation interested or engaged in scientific research relating to shellfish, or other fish over which the commissioner has supervision, or in the cultivation and development of the shellfish industry for economic purposes, setting forth their desire to make experiments relative to the cultivation and conservation of shellfish, or such other fish over which the commissioner now has supervision, shall, after being satisfied of the facts set out in said application, and that the applicant either owns or has the consent, so far as the same can be granted, of the owner of the flats, shore rights and waters where such work is to be undertaken, and that the granting of such rights will not unreasonably interfere with navigation, give notice of a hearing on such application, by causing the same to be published at least two weeks in some newspaper published in the county where the proposed location is situated, and stating therein the time and place where such hearing will occur; and if, upon such hearing, the commissioner is satisfied that the interests of the state will be promoted by such experiments, he shall issue a certificate setting apart so much of such shores, flats and water privileges, not exceeding one acre in extent, to any one of such applicants, and for such length of time, not exceeding the period of six years, as in his judgment may be necessary and proper to accomplish the ends sought to be obtained. Such certificate shall be recorded in the registry of deeds of the county in which the location is situated, and the applicant shall also cause public notice of the issuance of such certificate to be given by publishing the same in a newspaper published in the county where such location is situated, and by posting in a conspicuous place near said location a copy of such certificate, and also by placing stakes or other monuments upon the adjoin ing upland, so as to designate the locations so set apart, as the commissioner shall, in his certificate specify. CHAP. 89 All persons forbidden to take fish on shores taken under this act. Section 4. No person shall, during the period that such shores, flats and waters are taken for the purposes of this act, take, dig, fish or in any manner destroy or interfere with such fish, or interfere with the shores, flats and waters so set apart, under a penalty of not less than fifty dollars, nor more than one hundred dollars, for each and every violation of the provisions of this act, or by imprisonment not exceeding thirty days, or -penalty. both, as the court before which proceedings for such violation may be instituted, shall determine. Penalty, how Section 5. The penalty provided for by this act may be recovered by complaint, indictment, or action of debt in the recovered. name of the commissioner of sea and shore fisheries, or his successor in said office, and all fines and penalties recovered under this act, after restoring the damages sustained by the person holding such certificate, shall be paid to the state treasurer, and added to the appropriation for sea and shore fisheries. Section 6. This act shall take effect when approved. Approved March 18, 1905. Chapter 89. An Act to provide notice to Beneficiaries under Wills. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: shall be notified Section 1. When wills are presented and allowed in the Beneficiaries several courts of probate in this state, it shall be the duty of the registers to notify the several beneficiaries under the same that bequests have been made to them and by whom. of bequests. Shall have, on copy of such application, part of will as relates to them. Section 2. Beneficiaries under wills, notified as provided in section one of this act, shall upon application, be furnished with copy of so much of the will as relates to them, upon a payment of a fee of fifty cents, provided the copy does not exceed ten lines on legal cap paper of not less than ten words in each line -fee for copy. and five cents for each additional line of ten words. Section 3. This act shall take effect when approved. Approved March 18, 1905. CHAP. 90 Section 2, chapter 46, R. S., amended. Rate of -loans made in violation shall bear interest at legal rate only. Chapter 90. An Act to amend Section two of Chapter forty-six of the Revised Statutes, relating to interest on Loans on Personal Property. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section two of chapter forty-six of the revised statutes is hereby amended by striking out the words "And all loans made in violation hereof shall bear interest at the legal rate of interest only," and inserting in lieu thereof the following: 'And all loans made in violation of this act shall bear interest at the rate of six per cent only, and all payments made in excess of six per cent interest on loans so made in violation hereof, shall be applied to the discharge of the principal; and, in case a greater sum has been paid by the borrower than the amount of the principal and interest at six per cent on loans so made in violation hereof, he may recover the same from the lender in an action on the case,' so that said section as amended, shall read as follows: 'Section 2. All loans contracted after March eleven, eighteen hundred and ninety-nine, for less than two hundred dollars, secured by mortgage or pledge of personal property, shall be dischargeable by the debtor upon payment or tender of the principal sum actually borrowed, and interest at the rate specified therein, which shall not exceed three per cent a month for a period not exceeding three months, and thereafter not exceeding the rate of fifteen per cent a year; no renewal thereof to bear a greater rate than fifteen per cent a year. A sum not exceeding three dollars for the actual expense of making the loan and in securing the same may be charged and collected. And all loans made in violation of this act shall bear interest at the rate of six per cent only, and all payments made in excess of six per cent interest on loans so made in violation hereof shall be applied to the discharge of the principal; and, in case a greater sum has been paid by the borrower than the amount of the principal and interest at six per cent on loans so made in violation hereof, may be recovered from the holder of said security by the borrower, in an action on the case.' Approved March 18, 1905. CHAP. 91 Chapter 91. An Act to amend Section forty-four of Chapter forty-one of the Revised Be it enacted by the Senate and House of Representatives in Section 1. Section forty-four of chapter forty-one of the revised statutes is hereby amended as follows: by adding in the twentieth line after the word "bridge" the words 'or in Narraguagus bay or river,' and by striking out the word "Taunton" in the twenty-fourth line and inserting in its place the word 'Franklin,' and by adding in the twenty-sixth line after the word "called," the words 'or in Narraguagus bay or river,' and by adding to the section the words 'nor to smelts taken in West Bay and West Bay stream, so called, in the town of Gouldsboro, Hancock county, between the first and fifteenth days of April, nor to smelts taken in Passamaquoddy bay between the first day of September and the first day of October,' so that said section as amended, shall read as follows: section 44, chapter 41, R. S., amended. for smelts. violation. -weirs shall be open removed. and nets -penalty. -certain excepted. 'Section 44. No smelts shall be taken or fished for in tidal Close time waters, except by hook and line, between the first days of April and October, under a penalty of not less than ten, nor more than penalty for thirty dollars for each offense, and a further penalty of twenty cents for each smelt so taken; and all weirs for the capture of smelts shall be open and so remain, and all nets used in the smelt and tomcod fishery shall be taken from the water on or before said first day of April, under a penalty of not less than twenty, nor more than fifty dollars, and a further fine of five dollars for each day that any such weir or net remains in violation of law. But weirs with catch pounds covered with nets, the meshes of weirs which are one inch square in the clear, or greater, are not subject to this section. But no smelts caught in such weirs after the first day of April, shall be sold or offered for sale in this state, nor shall smelts caught in any manner between the first day of sale of April and the first day of October following be offered for sale, sold or shipped from the state under a penalty of twenty-five dollars for each offense; provided, however, that dip nets may be used between the first day of April and the first day of May, use of and all smelts caught by dip nets between said days may be lawfully offered for sale and sold in this state; provided, further, that this section does not apply to smelts taken in the Androscoggin river above the Merrymeeting bay bridge, or in Narra- Androscog guagus bay or river between the first days of October and November, nor to smelts taken in the Penobscot river and its river. smelts restricted. dip nets. gin river. -Penobscot CHAP. 92 -Casco bay. -Franklin bay. -Little guagus bay. and West bay stream. -Passamaquoddy bay. tributaries between the first and thirtieth days of April, nor to smelts taken in Casco bay between the fifteenth day of September and the first day of October, nor to smelts taken in Franklin bay between the first day of April and the first day of May, nor to smelts taken in Little Kennebec bay, so called, or in Narraguagus bay or river, in the county of Washington, between the first day of April and the first day of May, nor to smelts taken in West Bay and West Bay stream, so called, in the town of Gouldsboro, Hancock county, between the first and the fifteenth days of April, nor to smelts taken in Passamaquoddy bay between the first day of September and the first day of October.' Approved March 18, 1905. Commission, of whom to be composed. -salary of members of. -salary, how payable. -shall have office at state capitol. -may employ clerk. Shall be known as enforcement commissioners. -powers of commission. May appoint deputy Chapter 92. An Act to provide for the better enforcement of the laws against the manufacture and sale of Intoxicating Liquors. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section I. The governor is hereby authorized to appoint a commission consisting of three persons, one of whom shall be a lawyer, two members of said commission shall be from the dominant political party and one from the political party casting the next highest vote at the last state election. Each member of said commission shall be paid a salary of fifteen hundred dollars per year and actual expenses. The salary shall be payable in four quarterly payments on the first days of January, April, July and October. Said commissioners shall be provided with an office at the state capitol, with suitable furniture, stationery and other necessary facilities for transacting the business of the commission, and may employ a clerk at the expense of the state. Section 2. Said commissioners shall be known as enforcement commissioners and with the advice and under the direction of the governor shall have, and are hereby authorized to exercise in any part of the state, all the common law and statutory powers of sheriffs in their respective counties in the enforcement of the law against the manufacture and sale of intoxicating liquors. Section 3. Said commission shall appoint such number of enforcement deputy enforcement commissioners as in its judgment may be necessary, who shall have the same powers as are given said commissioners under the preceding section. Such deputies shall commis sioners |