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court, authorized to issue warrants in criminal cases, that he CHAP. 126 has reason to believe and does believe that any of his or said corporation's syphons, boxes, cans, bottles, kegs or other vessels, a description of the names, marks or devices whereon has been so filed and published as aforesaid, are being unlawfully used, filled, bought, sold, disposed of or trafficked in, or unlawfully had by any person or corporation, manufacturing or selling said beverages or liquids, or by any junk dealer or dealer in second-hand articles, or by any vender of such syphons, boxes, cans, bottles, kegs or other vessels, the said magistrate shall, thereupon, issue a search warrant to search therefor.'

Approved March 31, 1891.

Chapter 126.

An Act to amend chapter two hundred and ninety-two of the Public Laws of eighteen hun. dred and eighty-nine, relating to the regulation of the Lobster Fisheries.

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

SECT. 1. Section five of chapter two hundred and ninetytwo of the public laws of eighteen hundred and eighty-nine is hereby amended, so as to read as follows:

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How barrels and

boxes contain

ing lobsters,

shall be marked.

-in case of

disposed of.

'SECT. 5. All barrels, boxes or other packages in transit containing lobsters, shall be marked with the full name of the shipper; and in case of seizure by any duly authorized officer, of any barrels, boxes or other packages in transit containing seizure, how lobsters, which are not marked by the full name of the shipper, or in case of seizure by such officer, of barrels, boxes or other packages in transit, containing lobsters less than the prescribed length, such lobsters as are alive and less than the prescribed length shall be liberated, and all such lobsters as are of the prescribed length found in such barrels, boxes or packages, together with such barrels, boxes and packages, shall be forfeited and disposed of under the provisions of chapter ninety-eight of the revised statutes, unless the owner or person claiming the possession thereof appears within twenty-four hours from the time of seizure and gives the bond provided in said chapter ninety-eight, or pay, for the use of the state, to the officer making such seizure the penalty of one dollar for each lobster less than the prescribed length

CHAP. 126 found in the lot so seized, in either of which case such officer

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shall deliver to the owner or person claiming possession thereof such lobsters as are found to be of the legal limit. If the property seized exceeds one hundred dollars in value, the party seizing, within twenty days, shall file a libel in the clerk's office of the supreme judicial or superior court in the county where the offence was committed, stating the cause of seizure, and praying for a decree of forfeiture. The clerk shall thereupon make out a notice to all persons to appear at such court at the time appointed, to show cause why such decree should not be passed, which notice shall be published in some newspaper printed in the county, if any, if not in the state paper, at least fourteen days before the time of trial. When the property seized does not exceed one hundred dollars in value, the libel may be filed before the judge of any municipal court or trial justice of the county where the offence was committed; and after notice as aforesaid has been posted at two or more public places in the county, seven days at least before the day of trial, such judge or trial justice shall try and decide the cause, and make such decree thereon as law requires.'

SECT. 2. Section six of said chapter is hereby amended, so as to read as follows:

'SECT. 6. All fines and penalties under any law relating to game, fish or shell fish, may be recovered by complaint, indictment or action of debt, made or brought by any person in the county where such game or parts thereof, fish or shell fish are found, against the shipper or the person, having the same in possession, and together with all forfeitures shall be paid into the treasury of the county where the complaint is made, indictment found, or action brought, and by the treasurer thereof into the state treasury.'

SECT. 3. All acts or parts of acts inconsistent with this act, are hereby repealed.

Approved March 31, 1891.

CHAP. 127

Chapter 127.

An Act to amend chapter three hundred and three of the Public Laws of eighteen hundred and eighty nine, relating to Labor.

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

Chapter three hundred and three of the public laws of eighteen hundred and eighty-nine is hereby amended, so as to read as follows:

'Any employer, employe, or other person, who by threats of injury, intimidation or force, alone or in combination with others, prevents any person from entering into, continuing in or leaving the employment of any person, firm or corporation, shall be punished by imprisonment not more than two years, or by fine not exceeding five hundred dollars.'

Approved March 31, 1891.

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Chapter 128.

An Act to prohibit discrimination in Life or Endowment Insurance Policies.

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

SECT. 1. No life insurance company doing business in this state, shall make or permit any distinction or discrimination in favor of individuals between insurants of the same class and expectation of life, in the amount or payment of premiums or rates charged for policies of life or endowment insurance, or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of the contracts which it makes. Nor shall any such company or any agent, sub-agent, broker, or any other person, make any contract of insurance or agreement as to such contract, other than as plainly expressed in the policy issued thereon. Nor shall any such company or agent, sub-agent, broker, or any other person, pay or allow, or offer to pay or allow, as inducement to insurance, any rebate of premium payable on the policy; or any special favor or advantage in the dividends or other benefit to accrue thereon; or any valuable consideration or inducement whatever, not specified in the policy contract of insurance.

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CHAP. 129
Penalty.

Ch. 289, Public Laws, 1889, repealed.

SECT. 2. Any person or corporation violating any provision of this act shall be fined not more than two hundred dollars; and it is hereby made the duty of the insurance commissioner, on the conviction of any person acting as such agent, sub-agent, or broker, to revoke the certificate of authority issued to him at once, for the term of one year.

SECT. 3. Chapter two hundred and eighty-one of the public statutes approved March nine, eighteen hundred and eightynine, is hereby repealed.

Approved April 2, 1891.

Sec. 18, ch. 51, R. S., amended'

Railroad

companies may

build branch tracks to mills,

mines, quarries,

gravel pits and factories.

Chapter 129.

An Act to amend section eighteen of chapter fifty-one of the Revised Statutes, relating to branch tracks from Railroads.

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

Section eighteen of chapter fifty-one is amended as follows: by inserting in the third line, after the word "mills" the words, mines, quarries, gravel pits,' so that said section as amended, shall read as follows:

'SECT. 18. Any railroad corporation, under the direction of the railroad commissioners, may locate, construct and maintain branch railroad tracks to any mills, mines, quarries, gravel pits, or manufacturing establishments erected in any town or township, but not within any city through which the main line of said railroad is constructed, without the consent of the city council, and for that purpose said corporation shall have all the powers and rights granted, and be subject to alk the duties imposed upon it by its charter.'

Approved April 2, 1891.

Sec. 30, ch. 6,
R. S., amended.

Chapter 130.

An Act to amend sections thirty and thirty-one of chapter six of the Revised Statutes, relating to Taxes on stock in Banks and other corporations.

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

SECT. 1.

Section thirty of chapter six of the revised statutes is hereby amended, so as to read as follows:

Taxation of

stock owned out

of the state.

on stock for

'SECT. 30. Stock of any bank or other corporation, CHAP. 130 except a manufacturing corporation, held by persons out of bank and other the state, or unknown, which has not been certified according to section thirty of chapter forty-six of the revised statutes, in any town in the state, and is not there assessed; and the stock of any bank or such other corporation appearing by the books thereof to be held by persons residing out of the state, or whose residence is unknown to the assessors, shall be assessed in the town where such bank or other corporation is located, or transacts its ordinary business; and such town town has lien has a lien on such stock and all dividends thereon, from the taxes. date of such assessment, until such tax and all costs and expenses arising in the collection thereof are paid. No assignment, sale, transfer or attachment passes any property in such stock unless the vendee first pays such tax and cost; cashiers of banks and clerks of such other corporations shall return to the assessors of the town where such bank or other corporation is located or transacts its business, all the stock in such bank or other corporation not returned to the assessors of other towns, according to said section thirty of chapter forty-six, revised statutes; and such returns shall be made at the time and in the manner prescribed therein, and shall be the basis of taxation of such property.'

cashiers and

clerks required to return stock

to assessors.

SECT. 2. Section thirty-one of chapter six of the revised Sec. 31, statutes is hereby amended, so as to read as follows:

'SECT. 31. The cashier or other officer of each bank or other corporation, except a manufacturing corporation, shall exhibit on demand, to the assessors of any town all the books of such bank or other corporation that contain any record of the stock of such bank or other corporation or any dividend, declared or paid thereon, and if requested, shall deliver to them a true and certified copy of so much of said record as they require. Should any cashier or other officer neglect or refuse to perform the duties required by this and the preceding section, the assessors may doom such bank or other corporation in such sum as they deem reasonable, and the assessment shall bind such bank or other corporation and the tax thereon shall not be abated, and for such neglect or refusal, such cashier or other officer forfeits five hundred dollars to be recovered in an action of debt, half to the prosecutor and half to the state.'

Approved April 2, 1891.

amended.

Cashiers, are required to

exhibit books.

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