the trustees may from time to time vote, not exceeding twelve hundred dollars in full for all services; chaplain, three hundred dollars; matron, four hundred dollars.' acts, repealed. SECT. 2. All acts and parts of acts inconsistent with this Inconsistent act, are hereby repealed. SECT. 3. This act shall take effect January one, eighteen When act shall hundred and ninety-one. take effect. Approved February 25, 1891. Chapter 36. An Act to amend section eleven of chapter one hundred and twenty-six, Public Laws of eighteen hundred and forty-four, entitled "An Act for the preservation of salmon, shad and alewives in Georges river and tributary streams." Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section eleven of chapter one hundred and twenty-six of the public laws of eighteen hundred and forty-four is hereby amended by inserting in the seventh line after the word Tuesdays," the word 'Wednesdays,' and after the word "Fridays" the words 'Saturdays if the town so vote,' so that said section as amended, shall read as follows: sec. 11, ch. 126, 1844, amended. Public Laws, Close time for July 15 and shed. fish between April 1, estab -when fish may be taken by 'SECT. 11. No person shall take or destroy any of the fish aforesaid, in any of said waters, between the fifteenth day of July in one year and the first day of April in the succeeding year, and each and every person violating this provision, shall forfeit and pay the sum of twenty dollars for penalty. each offense. Any of the fish aforesaid may be taken by the town of Warren on Mondays, Tuesdays, Wednesdays, Thurs- town of Warren. days, Fridays and Saturdays if the town so vote, of each week, and said town, in so taking fish, shall be subject to all the provisions of an act entitled "An Act to regulate the shad and alewive fisheries in the town of Warren," passed March six, eighteen hundred and two, which are not inconsistent with the provisions of this act.' Approved February 25, 1891. CHAP. 37 Sec. 112, ch. 11, Annual appro- Chapter 37. An Act to amend section one hundred and twelve of chapter eleven of the Revised Statutes, relating to Normal Schools. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section one hundred and twelve of chapter eleven of the revised statutes is hereby amended in the first line thereof by substituting for the word "nineteen" the words "twenty-four," so that said section as amended, shall read: 'SECT. 112. For support of the three normal schools, twenty-four thousand dollars is annually appropriated, to be expended under the direction of said trustees, which sum the treasurer of state shall deduct for said purpose from any school money raised for the support of common schools. The governor and council may, from time to time, as they think proper, draw warrants therefor on said treasurer in favor of said trustees.' SECT. 2. This act shall take effect when approved. Approved February 25, 1891. Equity powers of the S. J. Court. Interest of a co partner may be Chapter 38. An Act additional to and amendatory of section six of chapter seventy-seven of the Revised Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. A bill in equity may be maintained to reach and apply in payment of a debt any property of a debtor, as provided by clause ten of section six of chapter seventy-seven of the revised statutes, notwithstanding the fact that the property sought to be reached and applied is in the hands, possession or control of the debtor independently of any other person, or that it is not within the state, or that it is of uncertam value, provided, the value can be ascertained by a sale or appraisal, or by any means within the ordinary procedure of the court, or that it cannot be reached and applied until a future time. SECT. 2. In such suit the interest of a co-partner in the applied in pay. partnership property may be reached and applied to payment of the plaintiff's debt; provided, however, that unless the ment of plaintiff's debt. plaintiff's debt is in judgment, the business of the partnership CHAP. 39 shall not be interfered with by injunction or otherwise, farther than to restrain the withdrawal of any portion of the debtor's share or interest therein, unless and until the plaintiff's debt is established; and provided further, that if either co-partner shall give to the plaintiff a sufficient bond with sureties approved by the clerk, conditioned to pay to the plaintiff the amount of his debt and costs within thirty days after the same is established, the court shall proceed no further therein save to establish the debt; and any injunction previously issued therein shall be dissolved upon the filing of such bond. Approved February 26, 1891. Chapter 39. An Act in relation to the salary of the County Treasurer for the County of Cumberland. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. The salary of the county treasurer for the county of Cumberland, on and after the first day of April, in the year of our Lord eighteen hundred and ninety-one, shall be fifteen hundred dollars annually, payable quarterly, on the first days of January, April, July and October, which shall be in full of all services, including clerk hire. SECT. 2. All acts and parts of acts, inconsistent with this act, are hereby repealed. Approved March 4, 1891. Chapter 40. An Act to fix the salary of the Register of Probate for the County of Knox. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. From and after the first day of January, in the year of our Lord one thousand eight hundred and ninetyone, the salary of the register of probate for the county of Knox shall be five hundred and twenty-five dollars a year. SECT. 2. This act shall take effect when approved. Approved March 4, 1891. Salary of regis for Knox county, fixed. ter of probate CHAP. 41 Sec. 11, ch. 18, -proceedings when an appeal is taken for increase of damages. Chapter 41. An Act to amend section eleven, chapter eighteen, of the Revised Statutes, relating to Ways. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section eleven, chapter eighteen, of the revised statutes R. S., amended. is hereby amended by adding thereto the following words: If any appeal for increase of damages is taken, and the commissioners are of opinion that their proceedings hereunder, or any part thereof, ought not to take effect, they shall enter a judgment that the prayer of the original petitioners or any part thereof, designating what part, is not granted for that reason. Upon such judgment no damages shall be allowed for that part of the prayer of the petitioners not granted, but the costs shall be paid by the county; and this shall apply to proceedings in which any such appeal is now pending.' Approved March 4, 1891. Sec. 8, ch. 52, Chapter 42. An Act to amend sections eight and nine of chapter fifty-two of the Revised Statutes, relating to Common Carriers. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section eight of chapter fifty-two of the revised R. S., amended. statutes relating to common carriers, is hereby amended to read as follows: Merchandise unclaimed for six months, may be sold to pay charges. 'SECT. 8. Whenever goods, merchandise, packages, or parcels, transported by any railroad, steamboat, express, or stage company, existing by virtue of the laws of this state, remain unclaimed for six months after its arrival at the point to which it shall have been directed; or goods, merchandise, or other personal property remain in a public warehouse for six months, after the charges thereon have been rightfully demanded and left unpaid, the same may be sold at auction in the city or town where said railroad, steamboat, express or stage company, has its general or principal office, or where said warehouse is situated; and whenever goods, merchandise, packages or parcels transported by any railroad, steamboat, express or stage company, not existing by virtue of the laws of this state, and having no office of president, treasurer, clerk or general superintendent, within this state, but doing busiDess in this state, remain unclaimed for six months after its arrival at the point to which it shall have been directed, the same may be sold at auction, to pay the charges thereon and the expense of advertising and selling.' CHAP. 42 SECT. 2. Section nine of said chapter is hereby amended Sec. 9, amended. so as to read as follows: how to be given. 'SECT. 9. A company existing by virtue of the laws of Notice of sale, this state before selling any such articles or merchandise, holding the same, shall give thirty days' notice of the time. and place of sale, in four public newspapers, one published at Portland, in the county of Cumberland; one published at Augusta, in the county of Kennebec; one published at Lewiston, in the county of Androscoggin; and one published at Bangor, in the county of Penobscot; said notices shall contain a brief description and list of all such property, and shall describe such marks thereon as may serve to identify them, together with the name of the consignee and the place to which said articles were billed. Any company not existing by virtue of the laws of this state, and having no office of ¿president, treasurer, clerk, or general superintendent, within this state, but doing business within this state, before selling any such articles or merchandise, shall give thirty days' notice of the time and place of sale, by publishing notice in some public newspaper, printed in the county where such merchandise is so held, three weeks successively the last publication to be at least seven days before the day appointed for the sale; if no newspaper is published in the county where such articles or merchandise are so held, such notice shall be published in some newspaper in an adjoining county. Such articles or merchandise shall be sold at the place where held. The proceeds of all goods so sold, after deducting the costs of transportation, storage, advertising and sale, shall be placed to the credit of the owner, in the books of the company making the sale; and shall be paid to him on demand; and such company shall not be liable to said owner of such property for any greater sum than so received from said sale.' Approved March 4, 1891. |