CHAP. 105 Chapter 105. An Act relating to the Taxation of Telegraph Companies. Whereas this act involves the raising of revenue for the state Preamble. of Maine, and whereas the tax assessed under it must be as sessed prior to May first next, and Whereas, by reason of these facts, in the opinion of the legislature, the immediate passage of this act is rendered necessary and constitute an emergency within the meaning of the constitution, now therefore companies. Be it enacted by the People of the State of Maine, as follows: Section 1. Every corporation, association or person operat- Annual tax ing in whole or in part a telegraph line within this state shall on telegraph annually pay into the state treasury a tax of two and one-half per cent. on the value of any telegraph line owned by said corporation, asosciation or person within the state, including all poles, insulators, office furniture, batteries and instruments, taking into consideration any circumstances or conditions effecting the value of the property. Section 2. Said tax shall be paid into the state treasury on or before the first day of September annually and is in place of all state or municipal taxation on any of the property or shares of said corporations, or associations. Section 3. Every such corporation, company or person shall annually on or before the fifteenth day of April return to the secretary of state under oath of its superintendent the amount and value of all of the property enumerated herein, owned by it within the state on the first day of April and the state assessors shall determine said values and assess said tax thereon by the first day of May annually. The secretary of state shall thereupon certify said assessment to the treasurer of the state who shall forthwith notify the parties assessed. Tax to be paid into ury. state treas Annual reretary state. turns to sec failing to make returns. Section 4. Any corporation, association or person neglect- Penalty for ing to make the returns required by the preceding section forfeits twenty-five dollars for every day's neglect, to be recovered by an act or debt in the name of the state. acts repealed. Section 5. All laws and parts of laws inconsistent with this inconsistent act are hereby repealed. СПАР. 106 Rights of owner of land taken. Necessity for erty, how determined. Chapter 106. An Act relative to Condemnation Proceedings of Land for Public Pur poses. Be it enacted by the People of the State of Maine, as follows: Section 1. The owner of property which is the subject of appropriation for public purposes by any water district shall have the right to have the necessity of the particular appropriation determined after hearing. Section 2. The determination of the necessity of any partaking prop- ticular appropriation except where otherwise provided for by law shall be made by three disinterested commissioners of the county wherein the property is situate who shall be appointed by any justice of the supreme judicial court upon application of either party in term time or vacation, and one of whom shall be learned in sanitary matters, providing the owner of the land in question shall file in the office of the clerk of courts of that county within thirty days from the beginning of condemnation proceedings a petition addressed to the supreme judicial court and requesting decision of the necessity of the appropriation. ---proviso. Copy of pe tition shall be mailed to Section 3. Upon filing of the petition provided for in section two of this act the clerk of courts shall forthwith cause a copy seeking to ac- of the same to be mailed to any officer of the corporation seeking corporation quire land. Commission ers shall fix time for hearing. All interested parties shall be heard. Final decision. Costs, how taxed. to acquire the land in question upon whom service of legal precepts may now be made and no further service shall be necessary unless specially ordered by court. Section 4. The commissioners shall fix a time for hearing upon any petition provided for in this act which hearing shall be within thirty days after the filing of such petition in the clerk of court's office by giving written notice to the petitioner and to the corporation seeking to acquire said land of the time so fixed. Section 5. At the hearing provided for by this act all parties in interest shall be heard either in person by attorney and witnesses may be summoned by either party and attendance compelled as in hearings now provided for by law and the burden of proof to show the necessity of the particular taking shall rest upon the corporation seeking to acquire the property. Section 6. The decision of a majority of the commissioners shall be final as to questions of fact. Section 7. The prevailing party shall be entitled to costs taxed by the clerk of the board of county commissioners as in actions at law in the supreme judicial court to be enforced by an action of debt. CHAP. 107 proceedings. Section 8. Upon the commencement of condemnation proceedings the corporation seeking to thus acquire land unless Condemnation otherwise provided by law may file in the clerk of court's office wherein such land is situate a petition asking that the necessity of such taking may be determined whereupon proceedings shall be had as in the case of a petition by the landowner Approved March 28, 1911. Chapter 107. An Act to amend Section two of Chapter thirty-eight of the Public Be it enacted by the People of the State of Maine, as follows: Section two of chapter thirty-eight of the public laws of nine- Section 2. teen hundred and five, is hereby amended by inserting between public laws the words "shall" and "furnish" in the first line of said section 1905, amendthe following: 'by himself, his clerk, servant or agent,' so that the section as amended shall read as follows: ed. rine, furnish ing of, regu lated. 'No person shall by himself, his clerk, servant or agent fur- Oleomarganish oleomargarine in any hotel, restaurant or boarding house, or at any lunch counter, to a guest or patron thereof, instead of butter, without notifying said guest or patron that the substance so furnished is not butter.' Approved March 28, 1911. Chapter 108. An Act to amend Section fifty of Chapter eighteen of the Revised Statutes, relating to the public health and the prevention of Contagious Diseases. Be it enacted by the People of the State of Maine, as follows: Section fifty of chapter eighteen of the revised statutes is hereby amended by striking out the words "seventeen" in the first line and inserting in place thereof the word, 'twenty-six,' so that said section, as amended, shall read as follows: Section 50, chapter 18, ed. violations of 'Section 2. Whoever wilfully violates any provision of the Penalty for twenty-six preceding sections, or of said regulations and by- certain seclaws, or neglects or refuses to obey any order or direction of tions. any local board of health or health officer authorized by said provisions, the penalty for which is not herein specifically provided, or wilfully interferes with any person or thing, to prevent the execution of the provisions of said sections or of said CHAP. 109 regulations and by-laws, shall be punished by a fine of not more than fifty dollars; judges of municipal and police courts and trial justices, shall have jurisdiction original and concurrent with the supreme judicial and superior courts, of all offenses under said sections.' Approved March 28, 1911. Section 55, chapter 15, R. S., repealed. State aid to free high schools. Chapter 109. An Act to amend Section fifty-five of Chapter fifteen of the Revised Be it enacted by the People of the State of Maine, as follows: Section fifty-five of chapter fifteen of the revised statutes is hereby repealed and the following substituted therefor: 'Section 5. No town shall receive state aid for the maintenance of a free high school unless its appropriation and expenditure for such school has been exclusive of the amounts required by law for common school purposes.' Approved March 28, 1911. Section 96, S., amended. Chapter 110. An Act to amend Chapter four of the Revised Statutes in relation to the erection of Wharves and Fish Weirs. Be it enacted by the People of the State of Maine, as follows: Section I. Section ninety-six of chapter four of the rechapter 4, R. vised statutes is hereby amended by substituting a comma in place of the period at the end of said section and adding thereto the following: "The applicant for license to build or extend a fish weir or trap as aforesaid, first giving bond to the town, without sureties, in the sum of one hundred dollars, conditioned that upon the termination of such license he shall remove all stakes and brush from the location therein described,' so the said section as amended shall read as follows: Application for license to build or extend fish weirs. -notice how given. 'Section 96. Any person intending to build or extend any wharf or fish weir or trap in tide waters, within the limits of any city or town, may apply in writing to the municipal officers. thereof, stating the location, limits and boundaries, as nearly as may be, of such intended erection or extension, and asking license therefor. Upon receiving such application said officers shall give at least three days' public notice thereof, and shall CHAP. 110 when granted. therein designate a day on which they shall meet on or near the premises described, and examine the same. If upon such examination and hearing of all parties interested, said officers decide that such erection or extension would not be an obstruction to navigation, or an injury to the rights of others, and determine to allow the same, they shall issue a license under their hands license, to the applicant authorizing him to make said erection or extension, and to maintain the same within the limits mentioned in such license, the applicant for license to build or extend a fish weir or trap as aforesaid first giving bond to the town, without sureties, in the sum of one hundred dollars, conditioned that upon the termination of such license he shall remove all stakes and brush from the location therein described.' Section 2. The license for the building or extension of a fish License void, weir or trap issued under the provisions of the foregoing section shall terminate and become void unless such weir or trap shall be built within one year from the date of the license and maintained and operated in good faith for some part of each year thereafter. Section 3. Section ninety-nine of said chapter four is hereby amended so that said section as amended shall read as follows: -bond to town. when. Section 99, amended. chapter 4, Weirs and wharves shall In accordance 'Section 99. No fish weir, trap or wharf shall be extended, erected, or maintained except in accordance with this chapter; be extended and no fish weir, trap or wharf shall be erected or maintained herewith. in tide waters below low water mark in front of the shore or flats of another without the owner's consent, under a penalty of fifty dollars for each offence, to be recovered in an action. of debt by the owner of said shore or flat. This chapter applies to all herring weirs and traps; but does not apply to other weirs or traps, the materials of which are chiefly removed annually, provided that such weirs or traps do not obstruct navigation nor interfere with the rights of others. applies to and traps. herring weirs fect certain This section shall not affect any wharves so erected or main- Shall not aftained on the twenty-first day of April, nineteen hundred one.' wharves. Approved March 28, 1911. |