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CHAP. 65 examination as those of the judge, and the same proceedings

for the correction or alteration of transcripts may be had before sucli person as before the judge.

Sect. 5. All transcripts made and signed as herein prooriginal papers. vided, shall be deemed original papers. Compensation of

Sect. 6. Stenographers appointed under the provisions of stenographers.

this act, shall be allowed five dollars a day for their services in court, or at an examination, and travel at the rate of twelve cents per mile from place of residence to the place of holding the court or examination, and ten cents for every hundred words of transcript furnished for the files of the court, to be paid by the county in which the court or examination is held,

after the stenographer's bill bas been allowed by the judge of -penalty for the court in which the services were rendered. But if any

stenographer employed under the provisions of this act, neglects or refuses to perform any part of the duty required of him he shall receive no pay for his services, and also may be punished for contempt of court. In probate matters, the executor, administrator or guardian shall, in each case out of the estate in his hands, pay to the register for the county, the amount of said stenographer's fees, and in insolvent matters, the assignee shall pay the same to the register for the county before any claims are paid, other than those named in paragraph one of section forty of chapter seventy of the revised

statutes. Stenographers Sect. 7. Stenographers employed under the provisions of shall furnish

this act, shall also furnish correct and legible long hand or type-written copies of their notes of the oral testimony taken at any hearing or examination, to any person calling for the same, upon payment of ten cents for every hundred words of the copy furnished.

Approved March 13, 1891.

-how fees shall be paid.

copies to any person calling for them.

Chapter 65.
An Act to apportion the State for Representatives to Congress.
Be it enacted by the Senate and House of Representatives
in Legislature assembled, as follows:

SECT. 1. The counties of York and Cumberland, shall compose the first district, and be entitled to one representative. The counties of Oxford, Franklin, Androscoggin,

Congressional apportionment.

Sagadahoc, Knox and Lincoln, shall compose the second dis- Chap. 66 trict, and be entitled to one representative. The counties of Kennebec, Somerset, Waldo and Hancock, shall compose the third district, and be entitled to one representative. The counties of Penobscot, Piscataquis, Aroostook and Washington, shall compose the fourth district, and be entitled to one representative. SECT. 2. The election of representatives to congress sball Election of

representatives. take place and be on the second Monday of September, one thousand eight hundred and ninety-two), and thereafter biennially.

SECT. 3. The representatives chosen in the several dis- Qualification. tricts, shall, at the time of their election be residents therein. The foregoing division of the state into representative districts, shall be and continue in force until an apportionment shall be made for representatives to congress, after taking the twelfth census.

SECT. 4. In case any vacancy among the representatives Vacancies, how to congress requires an election prior to the second Monday of September one thousand eight hundred ninety-two, or at any other time, then such vacancy shall be filled by the proper district under this apportionment.

SECT. 5. This act shall take effect when approved.

filled.

Approved March 17, 1891.

Chapter 66.

An Act relating to Inland Fisheries.

taken in

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

Sect. 1. Citizens of the state, during the months of May Fish may be and November of each year, may fish for, and take white fish Schoodic lakes

during May and with set nets in the Schoodic lakes on the Saint Croix river, November. and their tributaries, and convey the same to their own homes, but not otherwise.

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

Approved March 17, 1891.

CHAP. 67

Chapter 67.

An act to amend section forty-six of chapter one hundred and twenty-two of the Public Laws

of eighteen hundred and eighty-seven, to provide for the better protection of Smelts.

Be it enacted by the Senate and House of Representatives

in Legislature assembled, as follows: Sec. 46, ch. 40, Section forty-six of chapter forty of the revised statutes as R. S., amended.

amended by section one of chapter one hundred and twentytwo of the public laws of eighteen hundred and eighty-seven, is hereby amended by striking out the words, "and twentyfifth day of April,” in the twentieth line, and inserting instead thereof, the words, tirst day of April and the first day of May, and all smelts caught by dip nets, between said days, may be lawfully offered for sale and sold in this state,' and also by adding to said section the words, 'nor to smelts taken in Casco bay between the fifteenth day of September and the first day of October,' so that said section, as amended, shall

read as follows: Smelts, taking Sect. 46. No smelts shall be taken or fished for in tidal of, restricted.

waters, except by hook and line, between the first days of
April and October, under a penalty of not less than ten, nor
more than thirty dollars for each offense, and a further penalty
of twenty cents for each smelt so taken, and all weirs for the
capture of smelts shall be opened and so remain, and all nets
used in the smelt and tom-cod fishery, shall be taken from
the water on or before said first day of April, under a penalty
of not less than twenty nor more than fifty dollars, and a
further fine of five dollars for each day that any such weir or
net remains in violation of law, but weirs with catch pounds
covered with net, the meshes of which are one inch square in
the clear, or greater, are not subject to this section.
smelts caught in such weirs after the first day of April, shall
be sold or offered for sale in this state, nor shall smelts caught
in any manner between the first day of April and the first
day of October following, be offered for sale, sold, or shipped
from the state under a penalty of twenty-five dollars for each
offense ; provided, however, that dip nets may be used
between the first day of April and the first day of May, and
all smelts caught by dip nets between said days, may be law-
fully offered for sale and sold in this state; provided, further,
that this section does not apply to smelts taken in the Andros-
coggin river above the Merry Meeting Bay bridge, between

But no

the first days of October and November, nor to smelts taken CHAP. 68 in the Penobscot river and its tributaries between the first and fifteenth days of April, nor to smelts taken in Casco bay between the fifteenth day of September and the first day of October.'

Approved March 17, 1891.

Chapter 68.
An Act to amend section twenty-six of chapter fifty-nine of the Revised Statutes, respecting

the Commitment of Children to Charitable Institutions. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Sect. 1. Section twenty-six of chapter fifty-nine of the Sec. 26, ch. 50,

R. S., amended. revised statutes is hereby amended, by adding to said section the following words:

• An order to the same effect may be made by the probate court in any county where either of the parents of a child resides, upon petition of the superintendent of any such public or charitable institution asking for the care, custody and control of such child, if written consent be given as provided in section thirty-three of chapter sixty-seven of the revised statutes. Such orders and degrees shall have the sanie effect to divest the parents of all legal rights in respects to such child as specified in section thirty-five of said chapter sixty-seven, and said institution shall have full control over said child thereafter, for said time, and have authority alone to give the consent required in said section thirty-three,' so that said section shall read as follows:

SECT. 26. Upon making such record such municipal Municipal officers or some person appointed by them for that purpose, make complaint shall make complaint under oath to a judge of a court or to justice. any trial justice, which complaint shall contain, in substance, the allegations set forth in said petition, and a prayer that such provision may be made for the care, custody, support and education of the child named in said complaint as justice – proceedings requires, and thereupon the magistrate, before whom such magistrato. complaint is made, shall issue his warrant and cause such

magistrate child to be brought before him, and if, upon notice and hear- may order child

to be ing, it appears that the allegations of the complaint are true, institution or and that justice requires that such child shall be supported person.

officers may

to court or trial

before

with private

may make order

CHAP. 69

and educated away from its parents, he shall order it to such place or institution as is provided therefor by such town or city, or to such charitable institution or private person, as he deems suitable, provided, that such institution or person consents to receive, support and educate it; but such order shall not extend beyond the time when such child arrives at

the age of twenty-one years, if a male, or at the age of -probate courts eighteen years, if a female. An order to the same effect may with saine effect. be made by the probate court in any county where either of

the parents of a child resides, upon petition of the superintendent of any such public or charitable institution asking for the care, custody and control of such child, if written consent be given as provided in section thirty-three of chapter

sixty-seven of the revised statutes. Such orders and decrees parents of all shall have the same effect to divest the parents of all legal legal rights.

rights in respects to such child as specified in section thirtyfive of said chapter sixty-seven, and said institution shall have full control over said child thereafter, for said time, and have authority alone to give the consent required in said section thirty-three.'

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

_such decrees shall direct

Approyed March 17, 1891.

Chapter 69.

An Act additional to chapter one hundred a d twenty-seven of the Revised Statutes,

relating to Malicious Mischief.

Be it enacted by the Senate and House of Representatives

in Legislature assembled, as follows: Penalty for

W’hoever willfully or maliciously drives or causes to be driving spikes, etc., into logs intended to be

driven into any log or logs intended to be sawed or manumanufactured. factured, any nail, spike, bolt, or other article such as is

likely to cause injury to or destruction of any saw or instrument used in the manufacture of such logs, or endanger the life or person of any one engaged in such manufacture, shall be punished by fine not less than one hundred dollars or more than five bundred dollars, and imprisonment for not less than one year or more than five years; and shall also be liable to any person injured in an action on the case for double the damages sustained by such person.

Approved March 17, 1891.

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