CHAP. 92 -powers of be appointed in writing signed by a majority of said commissioners, which appointment shall be recorded in the office of deputies. said commission, and shall hold office during the pleasure of shall be said commission. Upon being discharged they shall immediately surrender their certificate of appointment and all papers and other property relating to their office. appointed in writing. tenure of deputies. Commissioners and deputies shall shall give be sworn. bonds. -party official misdoing of deputy, how he may proceed. Section 4. Said commissioners and deputies shall be sworn and give bonds to the state for the faithful discharge of their duties, the commissioners in the sum of five thousand dollars and the deputies in the sum of twenty-five hundred dollars. Any party injured by the official misdoing of any deputy, ured by having first obtained judgment against him and failed to satisfy the execution issued thereon on demand, may, at his own expense, in the name of the commissioners, for the time being, institute suit upon such bond in the county in which the original judgment was obtained or in the county in which such deputy resides, for the purpose of collecting such judgment. The name of the party for whose benefit the suit is brought shall be stated in the declaration and endorsed on the writ and such party shall alone be liable for costs unless the court for good cause shown shall require other endorsers. deputy enforcement commis sioners. tion of Section 5. It shall be the duty of the said deputy enforcement Duty of commissioners to exercise all the powers herein conferred when, where and as directed by said commission, and for their services, they shall be paid three dollars per day and the actual expenses -compensaoccasioned by the performance of such duty, and shall, at such deputies. time as may be fixed by the commission, present their accounts for approval and after approval the governor and council shall draw their warrant against any moneys in the treasury not otherwise appropriated, in payment thereof. Section 6. There shall be taxed for said commissioners and deputies in the bills of costs the same fees as sheriffs and witnesses have been heretofore entitled to receive, which shall be paid directly to the state treasury. Section 7. The said commission, upon being satisfied that the local authorities fail to enforce the law against the manufacture and sale of intoxicating liquors in any city or town of the state, shall, subject to the limitations of section two, instruct the deputy commissioners in the county, and may send one or more deputy commissioners from some other section of the state to enforce said law. Same costs and fees shall be taxed as for sneriffs and witnesses. When local authorities fail to enforce prohibitory law, commis sion may enforce. may create Section 8. The governor may, after notice to and an oppor- Governor tunity for the attorney for the state for any county to show office of cause why the same should not be done, create to continue attorney special CHAP. conditions. -Powers of special attorney. 92 under certain during his pleasure, the office of special attorney for the state in such county and appoint an attorney to perform the duties thereof. Such appointee shall, under the direction of the governor, have and exercise the same powers now vested in the attorney for the state for such county in all prosecutions relating to the law against the manufacture and sale of intoxicating liquors, and shall have full charge and control thereof; he shall receive such reasonable compensation for services rendered in vacation and term time as the justice presiding at each criminal term in the county shall fix, to be allowed in the bill of costs for that term and paid by the county. -compensation of. Disposal of fines collected, how made. -clerks of court shall certify list of fines, to commission. Section 9. All fines collected by prosecutions undertaken by said commission or its deputies shall be divided equally between the state and the county in which the prosecution is had, except during the time when a special attorney is appointed to perform the duties of the attorney for the state for said county, in which event all fines collected on prosecutions instituted during such time by said commission or its deputies or by said special attorney, and half of all other fines in all cases in which such attorney shall take part, shall be paid to the state. Each clerk of the court shall within thirty days after the adjournment of each criminal term, certify to said commission a list of all fines collected in his county since his last return, which list shall show the origin of the case in which they were collected, and so far as exhibited by the papers or records, the connection of any of the special officials herein provided for, therewith. Said commission shall determine what moneys are due from any county to the state under the provisions hereof, and such sum shall be what moneys paid by the county treasurer to the treasurer of the state within thirty days after said commission shall notify the county commissioners of any county of its determination. -commis sion shall determine are due from county to state. Sheriffs and municipal officers are not relieved from performance of duties, by this act. Commis sioners may be removed by governor. Section 10. Nothing in this act shall in any way relieve the sheriffs or the municipal officers of cities and towns, or except when such special attorney has been appointed, the attorney for the state for the county, of the duties devolving upon them for the enforcement of the law against the manufacture and sale of intoxicating liquors, and all fines collected by prosecutions instituted by them, except those in which such special attorney shall take part, shall be paid entirely to the county wherein the conviction is secured. Section II. Whenever, in the judgment of the governor, either of said commissioners is negligent in the performance of his duty, it shall be the duty of the governor, and he is hereby authorized to remove said commissioner from office. CHAP. 93 may be suspended, Section 12. Whenever, in the judgment of the governor, Commission the commission is no longer necessary; he is hereby authorized to remove from office all members of said commission, and the commission shall be thereby suspended, until such time as he deems its services are again required. Section 13. This act shall take effect when approved. Approved March 18, 1905. Chapter 93. An Act to amend section four of chapter one hundred and twenty-eight of the Revised Statutes, relating to injury to property used for public water supplies. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section four of chapter one hundred and twenty-eight of the revised statutes is hereby amended by striking out the words "or town" in the second line, and inserting in place thereof the words 'town or municipal corporation,' and also by striking out in the fifth line thereof the words "or town," and inserting in place thereof the words 'town or municipal corporation,' so that said section, as amended, shall read as follows: Penalty for property of injuring any water 'Section 4. Whoever wilfully injures any property of any water company, or of any city, town or municipal corporation used by it in supplying water to its inhabitants, shall be punished company. by a fine not exceeding one thousand dollars and by imprisonment not exceeding one year; and such persons shall also forfeit and pay to such water company, city, town or municipal corporation, three times the amount of actual damages sustained, to be recovered in an action on the case.' Approved March 21, 1905. 7 CHAP. 94 Section 70, chapter 51, R. S,, amended. Signboards with words, -bell on engine and when to be rung. -whistle or Chapter 94. An Act to amend Section seventy, Chapter fifty-one, Revised Statutes, relating to ringing of Bells and sounding of Whistles on Steam Railroads. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Section seventy of chapter fifty-one of the revised statutes is hereby amended by striking out all of said section and substituting the following in place thereof: 'Section 70. Every railroad corporation shall cause sign boards with the words "railroad crossing" distinctly painted on each side thereof in letters plainly legible, to be placed and constantly maintained at the side of highways and town ways where they are crossed at grade by such railroads, on posts or other structures, in such position as to be easily seen by persons passing upon such ways; and every such corporation shall cause a steam whistle, and a bell of at least thirty-five pounds in weight to be placed on each locomotive used upon its railroad, and such whistles, or in cities and villages, such bell, shall be sounded as a warning at a distance of one hundred rods on standard gauge railroads and a distance of seventy-five rods on narrow gauge railroads from all crossings of such ways on the same level; and such bell shall be rung at a distance of eighty-five rods on standard gauge railroads and sixty rods on narrow gauge railroads, from such grade crossings, and be kept ringing until the engine has passed the same; provided, however, that upon petition of ten or more legal voters of the state, after notice to the railroad corporation and a public hearing, the board of railroad commissioners may in writing order such corporation to give additional warning to travelers upon such ways by requiring the sounding of such whistles or the ringing of such bells at other places where said railroads cross such public ways other than at grade or run contiguous thereto, and such orders shall have the same. force, and place the same obligations upon railroad corporations as when required under the provisions of this section.' Section 2. This act shall take effect when approved. Approved March 21, 1905. CHAP. 95 Chapter 95. An Act to amend Section three of Chapter ninety-two of the Revised Be it enacted by the Senate and House of Representatives in Paragraph 3, section 3, chapter 92, R. S., Paragraph three of section three of chapter ninety-two of the revised statutes is hereby amended by striking out in the fourth line of said paragraph the words "certificate, or" and by insert- amended. ing in the sixth line of said paragraph after the word "thereon" the words 'or such certificate,' so that said paragraph three, as amended, shall read as follows: able 'III. He may enter peaceably and openly, if not opposed, by peacein the presence of two witnesses, and take possession of the possession. premises; and a certificate of the fact and time of such entry shall be made, signed and sworn to by such witnesses before a justice of the peace; and such consent, with the affidavit of the mortgagee or his assignee to the fact and time of entry indorsed thereon, or such certificate shall be recorded in each registry of deeds in which the mortgage is or by law ought to be recorded, within thirty days after the entry is made.' Approved March 21, 1905. Chapter 96. An Act authorizing cities and towns to raise money for the Extermination of Insect Pests. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Cities and Cities and towns may raise money to be expended for exterminating or controlling the brown-tail and gypsy moths and towns may other insect pests. Approved March 21, 1905. raise money. |