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CHAP. 70

Chapter 70.

An Act in relation to Agricultural Fairs to prevent fraud.

Be it enacted by the Senate and House of Representatives

in Legislature assembled, as follows:

premiums

offered by societies, holden

agricultural

to pay entry fee.

lien on ani

SECT. 1. Whoever makes entries of animals or articles as Competitors for competitors for premiums or purses offered by any agricultural society, or by any person or association in this state, shall be holden to pay the entry fee in accordance with the advertised rules and regulations of any such society, person, or association, not in conflict with the laws of this state; and a lien is hereby created upon such animals and articles for such entry fee to secure payment thereof with costs, to be enforced by an action of debt against the person owning such animals or articles, or the person entering the same; the same to be enforced in the same manner as liens on goods -how enforced. in possession and choses in action, but such lien shall not affect the title of any innocent purchaser of said animals or articles without actual notice of such lien.

mals, to secure

payment.

Penalty for preminms any

entering for

horse that has

been disguised,

etc.

SECT. 2. Whoever, for the purpose of competing for purses or premiums, knowingly and designedly enters or drives any horse that shall have been painted or disguised, or that represents any other or different horse from the one which is purported to be entered, or shall knowingly and designedly, for the purpose of competing for premiums or purses, enter or drive a horse in a class to which it does not properly belong, shall be deemed guilty of cheating by false pretences, and shall be punished by a fine not exceeding five. hundred dollars, or by imprisonment not exceeding six months, and such horse, after such notice to the owner as the court may order, and a hearing thereon, may be forfeited in the discretion of the court and sold, one-half of the net proceeds of such sale shall go to the informant, and the other half to the county in which the offense is committed. The pecuniary penalty shall be enforced by indictment and the -how enforced. forfeiture by a libel filed by the informant and proceedings in the manner provided in chapter ninety-eight, revised statutes. SECT. 3. Agricultural societies, persons and associations, How fairs shall holding public affairs for competition for premiums or purses are authorized to conduct and manage the exhibitions in accordance with the advertised rules and regulations, not in conflict with the laws of this state.

Approved March 17, 1891.

be conducted.

CHAP. 71

Bec. 40, ch. 40,
R. S., amended.

Appointment of

and powers.

Chapter 71.

An Act to amend section forty of chapter forty of the Revised Statutes, relating to the appointment of Wardens.

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

Section forty of chapter forty of the revised statutes is hereby amended by inserting in the first line of said section after the word "council," the following words: upon the written request of at least a majority of the three commissioners appointed under section thirty-three of this chapter,' so that said section as amended, shall read as follows:

'SECT. 40. The governor, with advice and consent of wardens, duties council, upon the written request of at least a majority of the three commissioners appointed under section thirty-three of this chapter, may appoint wardens, who shall enforce all laws relating to game and the fisheries, arrest all violators thereof, and prosecute all offenses against the same; they shall have the same power to serve criminal processes against such offenders, and shall be allowed the same fees as sheriff's for like services; they shall have the same right as sheriffs and their deputies to require aid in executing the duties of their office, and whoever refuses or neglects to render such aid when required, forfeits ten dollars, to be recovered upon complaint. Fish wardens shall hold office for three years unless sooner removed.'

Approved March 17, 1891.

Salary of

warden of State prison, fixed.

Chapter 72.

An Act to fix the salaries of the warden and clerk of the State Prison.

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

SECT. 1. From and after the first day of December eighteen hundred and ninety, the salary of the warden of the state prison shall be eighteen hundred dollars per year, with the use, without charge, of such part of the keepers' house and buildings of the state, appurtenant to the prison and yard, as the governor and council may direct, and fuel for his own use, which shall be in full for all services, including

the duty of receiving and paying out money for all purposes. From and after the first day of December eighteen hundred and ninety, the salary of the clerk of the state prison shall be not exceeding one thousand dollars per year.

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

Approved March 17, 1891.

CHAP. 73

salary of

clerk, fixed.

Chapter 73.

An Act to amend section six of chapter one hundred and eleven of the Revised Statutes, relating to Assignment of Wages.

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

R. S., amended.

Section six of chapter one hundred and eleven of the Sec. 6, ch. 111, revised statutes is hereby amended by adding thereto the following and no such assignment of wages shall be valid. against the employer, unless he has actual notice thereof,' so that said section as amended, shall read as follows: 'SECT. 6. No assignment of wages is valid against any Assignment of other person than the parties thereto, unless such assignment is recorded by the clerk of the city, town or plantation organized for any purpose, in which the assignor is commorant while earning such wages, and the clerk's fee shall be twentyfive cents; and no such assignment of wages shall be valid against the employer unless he has actual notice thereof.'

Approved March 17, 1891.

wages is not recorded, etc.

valid unless

Chapter 74.

An Act to amend section four of chapter thirty-nine of the Revised Statutes, relating to the

Branding of Lime.

Be it enacted by the Senate and House of Representatives

in Legislature assembled, as follows:

Section four of chapter thirty-nine of the revised statutes, Sec. 4, ch. 39,

is hereby amended, so as to read as follows:

R. S., amended.

Penalty, if
casks of lime not

inspector brands
inspected by

'SECT. 4. No inspector or deputy shall brand any casks of lime, not inspected by him, or not conformable in all respects to the provisions hereof, nor permit any other other person him. unlawfully to use his brands; and no person shall sell, expose

CHAP. 75 for sale, lade or receive on board any vessel, any lime in

casks not made, inspected and branded according to law; nor shift the contents of any lime cask, branded as aforesaid, with intent to sell the same as inspected; nor shall any person, firm or corporation, put up or fill, or cause to be put up or filled, sell, expose for sale, or cause to be sold, or exposed for sale, or lade or receive, or cause to be laden or received on board any vessel or car, any lime in casks, upon which is either branded, stamped, painted or marked, in any place, the name of any city or town, or any imitation or abbreviation thereof, other than that in which such lime is burned or manufactured, under a penalty of one dollar for each cask thus illegally dealt with, and such inspector or deputy is also liable, in an action on the case, to any party for all the damages he sustains by such misdoings; and if the misdoings are on the part of the deputy, the action may be against him or his principal.'

Approved March 17, 1891.

Sec. 51, ch. 40,
R. S., amended.

Chapter 75.

An Act to amend sections fifty-one and fifty-two of chapter forty of the Revised Statutes, relating to the manner of Fishing.

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

SECT. 1. Section fifty-one of chapter forty of the revised statutes is hereby amended by striking out all of said section after the figures "fifty-one," and inserting the following words: Whoever fishes for, takes, catches, kills or destroys any fish with grapnel, spear, trawl, weir, seine, trap, or set lines except when fishing on the ice, and then with not more. than five set lines, except in tide waters where such methods. are not prohibited, or with any device or in any other way than by the ordinary mode of angling with single baited hooks and lines or with artificial flies, forfeits twenty-five dollars for the offence and ten dollars for each salmon or land-locked salmon and one dollar for each and every other fish so taken, caught, killed or destroyed; and when such prohibited implements or devices are found in use or operation they are forfeit and contraband, and any person finding them in use

may destroy them;' so that said section as amended, shall CHAP. 76

read as follows:

Taking fish with grapnel, spear, trawl, weir,

seine, trap and similar devices, prohibited.

-exception.

'SECT. 51. Whoever fishes for, takes, catches, kills or destroys any fish with grapnel, spear, trawl, weir, seine, trap, or set lines except when fishing on the ice, and then with not more than five set lines, except in tide waters where such methods are not prohibited, or with any device or in any other way than by the ordinary mode of angling with single baited hooks and lines or with artificial flies, forfeits twenty--penalty. five dollars for the offence and ten dollars for each salmon or land-locked salmon and one dollar for each and every other fish so taken, caught, killed or destroyed; and when such prohibited implements or devices are found in use or opera- forfeito be tion they are forfeit and contraband, and any person finding destroyed. them in use may destroy them.'

-implements

liable

amended.

SECT. 2. Section fifty-two of chapter forty of the revised Sec. 52, statutes is hereby amended by striking out all of said section after the figures "fifty-two" and inserting the following words: 'No person shall use dynamite or any other explosive, or any poison, for the purpose of destroying or taking fish under a penalty of one hundred dollars and two months imprisonment in the county jail for each offence,' so that said section as amended, shall read as follows:

and

for purpose of taking fish, prohibited.

'SECT. 52. No person shall use dynamite or any other Use of dynamite explosive, or any poison, for the purpose of destroying or taking fish under a penalty of one hundred dollars and two months imprisonment in the county jail, for each offence.'

Approved March 19, 1891.

Chapter 76.

An Act to amend section four of chapter two hundred and ninety-two of the Public Laws of eighteen hundred 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:

Section four of chapter two hundred and ninety-two of the public laws of eighteen hundred and eighty-nine, is hereby amended by striking out all of said section after the figure "four" and inserting the following words:

Sec. 4, ch. 292, amended.

Laws of 1889,

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