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CHAP.

Chapter 59.

An Act to authorize the selectmen of towns to appoint Police Officers.

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

SECT. 1. The selectmen of towns shall have power and authority to appoint and control and fix the compensation of police officers. Such appointment shall be in writing, signed by a majority of the selectmen and recorded by the town clerk, and shall be for such time not exceeding one year as the selectmen shall determine.

Selectmen of

towns author

ized to appoint

police officers.

removal of.

SECT. 2. Police officers so appointed shall severally have Powers and all the powers of a constable in criminal matters, within the limits of the town, and may be removed by the selectmen when they shall deem that the interests of the town require such removal.

Approved March 13, 1891.

Chapter 60.

An Act to amend section eight of chapter twenty four of the Revised Statutes, as amended by chapters nine and one hundred and forty-six of the Public Laws of eighteen hundred and eighty-nine, relating to dependent soldiers and sailors, so that said section shall apply to families of soldiers and sailors.

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

Sec. 8, ch. 24, amended by ch. Laws of 1889

R. S., as

146, Public

[1887], further amended.

Soldiers and considered

sailors not to be

Section eight of chapter twenty-four of the revised statutes, as amended by chapters nine and one hundred and forty-six of the public laws of eighteen hundred and eighty-nine, relating to dependent soldiers and sailors, is amended by inserting in line eleven, after the word "sailors," the following words: 'or their families,' so that section eight shall read as follows: 'SECT. 8. No soldier or sailor who served by enlistment in the army or navy of the United States, in the war of eighteen hundred and sixty-one, and who has received an honorable discharge from said service, and who has or may become dependent upon any town, shall be considered a pauper, or be subject to disfranchisement for that cause; but the time during which said soldier or sailor is so dependent, shall not be included in the period of residence necessary to supported in change his settlement; and overseers of the poor shall not

paupers.

-shall not be poor house.

CHAP. 61 have authority to remove to, or support in the poor house, any such dependent soldier or sailor or their families; but the town of his settlement shall support them at his own home. in the town of his settlement or residence, or in such suitable place other than the poor house, as the overseers of the poor of the town of his settlement may deem right and proper. This section shall not be so construed as to deprive overseers of the poor of any right to remove and support such dependent soldier or sailor and his family in the town of his settlement. as herein provided.'

Approved March 13, 1891.

Sec. 17, ch. 40,
R. S., amended.

Taking or fishing for mackerel, herring, shad and porgies, with seines, prohibited.

Chapter 61.

An Act to amend section seventeen of chapter forty of the Revised Statutes, as amended by chapter two hundred and sixty-one of the Public Laws of eighteen hundred and eighty-five, relating to Migratory Fish.

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

:

Section seventeen of chapter forty of the revised statutes, as amended by chapter two hundred and sixty-one of the public laws of the year eighteen hundred and eighty-five, is hereby further amended by adding thereto the following words and it shall be lawful to take shad and alewives in the Androscoggin river and in Merrymeeting bay from April first to June fifteenth in each year, by the use of drag seines, not more than fifty fathoms in length, and of not more than fifty meshes in depth,' so that said section as amended, shall read as follows:

'SECT. 17. The taking of mackerel, herring, shad, porgies, or menhaden, and the fishing therefor by the use of purse and drag seines, is prohibited in all small bays, inlets, harbors or weirs, where any entrance to the same, or any part thereof from land to land, is not more than three nautical miles in width, under a penalty upon the master or person -penalties, how in charge of such seines, or upon the owners of any vessel or

recovered, and

for whose benefit.

seines employed in such unlawful fishing, of not less than three hundred nor more than five hundred dollars, to be recovered by indictment, or action of debt; one-fourth of the penalty to the complainant or prosecutor, and three-fourths to the county in which the proceedings are commenced; and

CHAP. 62

-lien upon

-seine defined.

there shall be a lien upon the vessels, steamers, boats and CHAP. apparatus used in such unlawful pursuit, until said penalty, vessels, etc. with costs of prosecution is paid; but a net for meshing mackerel or porgies, of not more than one hundred meshes in depth, and a net for meshing herring, of not more than one hundred and seventy meshes in depth, and a net for meshing shad, of not more than seventy-five meshes in depth, shall not be deemed a seine; and it shall be lawful to take shad and alewives in the Androscoggin river, and in Merrymeeting bay from April first to June fifteenth in each year, by the use of drag seines, not more than fifty fathoms in length, and of not more than fifty meshes in depth.'

Approved March 13, 1891.

shad and coggin river and

alewives may be taken in Andros

Merrymeeting

bay between June 15.

April 1 and

Chapter 62.

An Act to amend chapter three hundred and nine of the Public Laws of eighteen hundred and eighty-nine, making the compensation of Sheriff in Kennebec County equal to that of the other counties, Cumberland excepted.

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

SECT. 1. Section one of chapter three hundred nine of the public laws of eighteen hundred and eighty-nine is hereby amended by striking out the words "and Kennebec counties" in the last clause of said section and substituting the word 'county' in place of "counties," so that said section shall read as follows:

'SECT. 1. For each day's attendance by the sheriff on the supreme judicial or either of the superior courts, three dollars to be paid from the county treasury. This amendment shall not apply to Cumberland county.'

SECT. 2. This act shall take effect when approved.

Approved March 13, 1891.

Sec. 1, ch. 309,

Laws of 1889,

amended.

Fees of sheriff

of Kennebec

county.

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Chapter 63.

An Act to fix the compensation of the Sheriff of the County of Sagadahoc.

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

SECT. 1. The sheriff of the county of Sagadahoc from and after the first day of January, one thousand eight hundred and ninety-one, shall receive an annual salary of three hundred dollars in quarterly payments on the first day of January, April, July and October instead of the compensation provided in section twenty-three of chapter eighty of the revised statutes, and it is further provided that the sheriff of said county shall not receive from any of his deputies, any of the fees earned by said deputies or any percentage thereon after said date.

SECT. 2. This act shall take effect when approved.

Approved March 13, 1891.

Judge of court of probate may appoint stenographer.

-duties.

Chapter 64.

An Act authorizing Judges of courts of probate and courts of insolvency, to employ
Stenographers at hearings and examinations in said courts.

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

SECT. 1. The judge of any court of probate or court of insolvency, may appoint a stenographer to report the proceedings at any hearing or examination where a contest is had in his court, whenever such judge deems it necessary or advisable. Such stenographer shall be sworn to a faithful discharge of his duty, and, under the direction of the judge, shall take full notes of all oral testimony at such hearing or examination, and also such other proceedings at such hearing or examination as the judge directs, and when required by the judge shall furnish for the files of the court a correct and legible long hand or type-written transcript of his notes of the oral testimony of any person testifying at such hearing or submitting to such examination, and in making said transcript the stenographer shall transcribe his said notes in full by questions and answers.

SECT. 2.

When a transcript has been made as provided by section one of this act, it shall be read to the person whose testimony or examination it is, at a time and place to be appointed by the judge, unless such person or his counsel, in writing waives such reading, and if it is found to be correct or if it contains errors or mistakes, or alleged errors or mistakes, and such errors or mistakes are either corrected or the

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proceedings had in relation to the same as hereinafter provided, 18937

such transcript shall be signed by the person whose testimony
or examination it is, in all cases where the person testifying
or submitting to examination is required by law to sign his
testimony or examination. When the reading of a transcript
is waived as provided by this section, such transcript shall be
deemed correct.
SECT. 3. Manifest errors or mistakes in any transcript,
may be corrected, under the direction of the judge, according,
to the facts. But when an error or mistake is alleged by the
party conducting the hearing or examination, or by his counsel,
or by the person testifying or submitting to examination, or
by his counsel, and said parties can not agree whether or not
there is such an error or mistake as alleged, or what correction
should be made, the judge shall decide whether or not such
an error or mistake exists, and may allow or disallow a cor-
rection according as he may find the fact, but in such case the
judge shall annex to the transcript a certificate signed by
him stating the alleged error or mistake, and by whom
alleged, and the correction allowed or disallowed.
In case
the said parties mutually agree that there is an error or mis-
take in the transcript, and in like manner agree what the
correction should be, the transcript may be corrected accord-
ing to such agreement, but such correction shall be stated and
made in the presence of the judge. No changes or alterations
shall be made in any transcript except in the presence of the
judge, or the person appointed by the judge to take the
examination.

SECT. 4. When an examination is taken before some person appointed by the judge to take it, the judge may also appoint a stenographer to attend such examination for the purposes mentioned in section one of this act, and the duties of such stenographer shall be the same as in examinations before the judge. The powers and duties of any person appointed by the judge to take an examination, shall be the same at such

Mistakes in
be corrected

transcript may

under direction

of judge.

When

examination is

before some
appointed by

person

judge, he may
also appoint a

stenographer.

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