CHAP. 119 County tax for a 1891, assessment of. Chapter 119. An Act relating to the assessment of the County Taxes in the several counties for the year eighteen hundred and ninety-one. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. The county tax for the year eighteen hundred and ninety-one shall be assessed during the month of April, upon the state valuation, adopted and fixed by the legislature in the year eighteen hundred and ninety-one. All county taxes assessed or that may be assessed in the year eighteen hundred and ninety-one, upon any other valuation, are hereby declared void. SECT. 2. This act shall take effect when approved. Approved March 30, 1891. Sec. 126, ch. 51, R. S., and ch. 321, laws of 1885, repealed. R. R. commissioners shall be notified immediately, whenever a serious accident occurs. If public interests require it, commissioners shall make investigation. Chapter 120. An Act to amend section one hundred and twenty-six of chapter fifty-one of the Revised Statutes, as amended by chapter three hundred and twenty-one of Public Laws of eighteen hundred and eighty-five, relating to Accidents on Railroads. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section one hundred twenty-six of chapter fiftyone of the revised statutes, and chapter three hundred twentyone of the laws of eighteen hundred eighty-five, amending the same, are hereby repealed. SECT. 2. Whenever a serious accident occurs within the state to any passenger or freight train on any railroad, whether any person be fatally injured or otherwise, notice thereof shall be given immediately by telegraph, if practicable, otherwise in writing, by the officers of the company operating the railroad on which the accident occurred, to the railroad commissioners. SECT. 3. In the event of any such accident, the railroad commissioners, or the chairman thereof, shall, if they or he deem the public interests require it, cause an investigation to be made forthwith by the board, which investigation shall be held in the locality of the accident, unless, for reasons touching the convenience of all concerned, the commissioners shall order it to be commenced at some other place; but in either case, the investigation may be adjourned to some other CHAP. 120 suitable and convenient place. The board or the chairman thereof, shall seasonably notify the officers of the company, and also, if the accident shall have resulted fatally to one or more persons, the county attorney of the county where the accident occurred, of the time and place of the investigation. The board shall have power to issue subpoenas for witnesses, and the testimony of each witness shall be taken before a sworn stenographer and written out in full and signed by the witness either at the time of the investigation, or as soon thereafter as practicable. Prefixed to his signature shall be a statement that the deposition has been carefully read by the witness, or carefully read to him, before signing. Immediately after the investigation the board shall make a special report, stating what it finds to be the cause of the accident, transmit copies thereof to such county attorney, and the railroad corporation concerned, and publish the same in its annual report. The taxable costs of the investigation shall be made up and costs, how certified to the governor and council by the board, and the same shall be paid by the state. Witnesses in all such cases shall be allowed the same fees as in the supreme judicial court. SECT. 4. Whenever, in consequence of any such accident having resulted fatally to one or more persons, notice shall have been given by the board or the chairman thereof to the county attorney of its intention to investigate as herein provided, the authority of all coroners over the case shall cease; and thereafter, no coroner nor any jury summoned by him, shall proceed further with reference thereto. -shall make special report. paid. person corporation or interested, may witnesses and be heard, with other proofs. SECT. 5. Any corporation, or person interested in the subject matter of the investigation, may be present and heard at the same, either in person or by counsel, and with witnesses and other proofs; and shall be entitled to the aid of the board in securing the attendance of witnesses, the fees of such witnesses, nevertheless, to be paid by the corporation fees, how or person securing their attendance, except so far as the board shall find that justice requires that the same shall be paid by the state; and such corporation or person shall be entitled to a copy of the whole or any portion of the proceedings or report of the board, and of the evidence taken by it, on paying the reasonable cost of making the same. Approved March 31, 1891. paid. СНАР. 121 Sec. 7, ch. 4, R. 8., amended. In towns having 500 or more voters, when application may be made to selectmen, for registration. Chapter 121. An Act to amend section seven of chapter four of the Revised Statutes, relating to Lists of Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section seven of chapter four of the revised statutes is hereby amended by striking out the words "one thousand" in the first line and inserting in place thereof the words 'five hundred,' so that said section as amended, shall read as follows: SECT. 7. In all towns, cities not included, having five hundred or more registered voters, the municipal officers shall receive applications of persons claiming a right to vote, on the three secular days next preceding the day of election, and no application shall be received after the hour of five in the afternoon on the secular day next preceding the day of what changes election; and no names shall be added to the list of voters on made on election the day of election, by certificate or otherwise, except such as were upon the list of the previous year, and have been inadvertently omitted by the selectmen; and on that day no change shall be made in names, except to correct clerical errors therein.' in list may be day. Approved March 31, 1891, Sec. 3, ch. 9, agents. Chapter 122. An Act relating to the Agents of the Penobscot and Passamaquoddy Tribes of Indians. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section three of chapter nine of the revised statutes is hereby amended by adding thereto the following: each of Duties of Indian said agents shall at least once in six months visit each Indian reservation within his agency limits where Indians reside, and incorporate into his annual report the dates of such visits, and the condition in which he found the Indians on each reservation at each visit.' Approved March 31, 1891. LOAN AND BUILDING ASSOCIATIONS-INJURIES CAUSING DEATH. 135 CHAP. 123 Chapter 123. An Act in relation to the office of Secretary and Treasurer of Loan and Building Associations. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: The office of secretary and treasurer of loan and building associations may be held by one and the same person, provided any association so provides by its by-laws. Approved March 31, 1891. office of secre- tary and Chapter 124. An Act to give a right of action for injuries causing Death. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: injuries causing death, may be SECT. 1. Whenever the death of a person shall be caused Actions for by wrongful act, neglect or default, and the act, neglect or default, is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who, or the corporation which, would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as shall amount to a felony. SECT. 2. Every such action shall be brought by and in the names of the personal representatives of such deceased person, and the amount recovered in every such action shall be for the exclusive benefit of his widow, if no children, and of the children, if no widow, and if both, then of her and them equally, and, if neither, of his heirs. The jury may give such damages as they shall deem a fair pensation, not exceeding five thousand dollars, with reference and just com How such brought; and recovered, action shall be amount disposed of. to the pecuniary injuries resulting from such death to the persons for whose benefit such action is brought, provided, that when action such action shall be commenced within two years after the shall be brought. CHAP. 125 Sec. 35, ch. 39, Protection of trade-marks on bottles, syphons, etc. -how secured. Bec. 36, amended. Unlawful use, or defacing trademarks. -penalty. Unlawful use of Chapter 125. An Act amendatory and additional to sections thirty-five and thirty-six of chapter thirty-nine of the Revised Statutes, relating to bottled soda, mineral waters and small beer. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section thirty five of said chapter is hereby amended, so as to read as follows: 'SECT. 35. All persons or corporations engaged in the manufacture and sale of soda water, mineral and aerated waters, ginger ale, small beer, spruce beer, white beer, milk, cream, or other similar beverages, in syphons, boxes, cans, bottles, kegs or other vessels, with their names, or other marks or devices branded, stamped, engraved, etched, blown, impressed or otherwise produced upon such syphons, boxes, cans, bottles, kegs or anything connected therewith and appertaining thereto, may file in the office of the town or city clerk in which their principal place of business is situated, a description of the names and marks aforesaid used by them, and cause the same to be published once a week for three successive weeks, in any weekly paper published in the county in which said notice may have been filed as aforesaid.' SECT. 2. Section thirty-six of said chapter is hereby amended, so as to read as follows: 'SECT. 36. Whoever knowingly and willfully, without the written consent of the owner, uses, buys, sells, fills or traffics in any such syphon, box, can, bottle, keg or other vessel so marked as aforesaid, or defaces, covers up or obliterates the names, marks or devices thereon, with intent to use, fill, buy, sell, dispose of or traffic therein, or to convert the same to his own use, shall, on complaint, be punished by imprisonment, not more than thirty days, or by fine of not more than twenty dollars, and fifty cents for each such syphon, box, can, bottle, keg or other vessel so used, bought, sold, filled, trafficked in or disposed of, or by both such imprisonment and fine, in the discretion of the magistrate hearing the complaint; and the said magistrate on finding such person or persons guilty, shall impose the punishment herein prescribed and shall award possession of the property taken to the owner thereof.' SECT. 3. Whenever any person or corporation by its agent, shall make complaint on oath to any magistrate or |