CHAP. 111 Section 6, chapter 128, Chapter 111. An Act to amend Section six of Chapter one hundred and twenty-eight, relating to malicious mischiefs and Trespasses on Property. Be it enacted by the People of the State of Maine, as follows: Section six of chapter one hundred and twenty-eight of the R. S. amend revised statutes is hereby amended by adding after the word "maliciously" in the first line, the following: 'breaks the seal upon any freight car or,' so that said section, as amended, will read as follows: ed. Penalty for wilful or ma licious injury to property of any railroad. 'Section 6. Whoever wilfully, mischievously, or maliciously breaks the seal upon any freight car, or breaks and enters any railroad car on any railroad in the state, or destroys, injures, defiles or defaces any railroad car on any railroad in the state, or mischievously or maliciously releases the brakes upon, moves or sets in motion any railroad car on the track or side track of any railroad in the state, shall be punished by imprisonment not exceeding two years, or by fine not exceeding five hundred dollars, and shall also be liable to the corporation injured in an action of trespass for the amount of injury so done, and for a further sum not exceeding in all three times such amount, as the jury deems reasonable.' Approved March 28, 1911. Chapter 112. An Act relating to the Payment of Damage to Growing Crops by Deer. Be it enacted by the People of the State of Maine, as follows: Chapter two hundred and fifty-three of the public laws of nineteen hundred and nine is hereby repealed. Approved March 28, 1911. Chapter 15, R. S., as amended by chapter 238, Public Laws 1909, amended. Chapter 113. An Act to amend Chapter fifteen of the Revised Statutes as amended by Chapter two hundred and thirty-eight of the Public Laws of nineteen hundred and nine relating to Truant Officers. Be it enacted by the People of the State of Maine, as follows: Chapter fifteen of the revised statutes as amended by chapter two hundred and thirty-eight of the public laws of nineteen. hundred and nine is hereby amended by striking out the words. "inspector of factories, workshops, mines and quarries" where these words occur, and substituting therefor the words, 'commissioner of labor.' Approved March 28, 1911. Chapter 114. An Act to regulate the taking of Beaver. Be it enacted by the People of the State of Maine, as follows: CHAP. 114 commissioners and game may regulate the taking of beaver. Section I. The commissioners of inland fisheries and game, Upon written upon written complaint of any land owner that beaver are doing complaint actual, substantial damage to his property, shall have authority of inland fish to declare an open season for beaver upon such land for such period of time as they may deem necessary to remove the beaver that are doing the damage complained of, during which open season it shall be lawful for any licensed hunter and trapper of fur bearing animals to trap beaver thereon. No open season for beaver as contemplated by this act shall take effect until the commissioners of inland fisheries and game shall have caused notice of such proposed open season to be published one time in a newspaper printed in the county in which the land on which the open season for beaver is declared is located, and said commissioners shall also file copy of said notice of open season with the clerk of the town or plantation in which such land is located, or, if the land is in an unorganized place, with the clerk of courts for the county in which the land is located. Whenever during a special open season on beaver as is contemplated by this act it shall appear to the commissioners of may be inland fisheries and game that the privileges of such open season are being abused in any place, said commissioners of inland. fisheries and game may suspend the open season and declare it close season for beaver on such land for such time as they may designate. Section 2. It shall be unlawful to take any beaver anywhere in the state at any time except during such open season as may be declared by the commissioners of inland fisheries and game in accordance with the provisions of this act. --open season suspended. Unlawful to take beaver, special open except during season. Penalty for this act. Section 3. Whoever takes any beaver in violation of any of the provisions of this act shall be subject to a penalty of twenty- violation of five dollars and costs for each beaver taken, caught or killed in violation of any provision of this act. It shall also be unlawful, under the same penalty, for any person to have in possession, at any time, any beaver, or part thereof, taken in violation of any provision of this act. Section 4. All acts or parts of acts inconsistent with this act are hereby repealed. Inconsistent acts repealed. Approved March 28, 1911. CHAP. 115 Preamble. Section 42, chapter 8, R. Chapter 115. An Act to amend Section forty-two of Chapter eight of the Revised Statutes, as amended by Chapter one hundred and sixty-seven of the Public Laws of nineteen hundred and seven, and as further amended by Chapter one hundred and fifty-two of the Public Laws of nineteen hundred and nine, relating to taxation of Express Companies. Whereas the tax assessed under this act must be assessed on or before the fifteenth day of June next and whereas in the opinion of the legislature this fact renders the immediate passage of this act necessary for the preservation of the peace, health and safety and constitutes an emergency within the meaning of the constitution, now therefore: Be it enacted by the People of the State of Maine, as follows: Section forty-two of chapter eight of the revised statutes, as amended by chapter one hundred and sixty-seven of the public S., as amend- laws of nineteen hundred and seven, and as further amended by chapter one hundred and fifty-two of the public laws of nineteen hundred and nine, is hereby further amended by striking out, in lines eight and ten of said section, the word "three" and inserting in place thereof the words 'four, so that said section as amended shall read as follows: ed by chapter 167, Public Laws 1907, as amended by chapter 152, public laws 1909, further amended. 'Section 42. Every corporation, company or person doing express business on any railroad, steamboat or vessel in the state, shall, annually, before the first day of May, apply to the treasurer of state for a license authorizing the carrying on of said business and any such corporation, company or person, neglecting to make application as aforesaid, forfeits fifty dollars, to be recovered by action of debt in the name of the state; every such corporation, company or person shall annually pay to the treasurer of state four per cent of the gross receipts of said business for the year ending on the first day of April preceding. Said four per cent shall be on all business done in the state, including a proportional part on all express business coming from other states or countries into this state, and all going from this state to other states or countries, provided, however, that nothing herein applies to goods or merchandise in transit through the state.' Approved March 28, 1911. Chapter 116. An Act relating to the State Paper. Be it enacted by the People of the State of Maine, as follows: Chapter one of the resolves of eighteen hundred and fiftyseven is hereby repealed. Approved March 28, 1911. SUPREME JUDICIAL COURT AT DOVER-EMPLOYMENT OF MINORS. Chapter 117. An Act to repeal so much of Sections one and two of Chapter one hundred and fifty-seven of the Public Laws of nineteen hundred and seven as requires and authorizes the holding of the term of the Supreme Judicial Court at Dover in the County of Piscataquis on the first Tuesday of May in each year. Be it enacted by the People of the State of Maine, as follows: 113 CHAP. 117 tions 1 and 157, public That so much of sections one and two of chapter one hun- Part of secdred and fifty-seven of the public laws of nineteen hundred and 2 chapter seven as requires and authorizes the holding of the term of the supreme judicial court at Dover in the county of Piscataquis. on the first Tuesday of May each year, is hereby repealed. Approved March 28, 1911. laws 1907, repealed. Chapter 118. An Act to amend Chapter two hundred and fifty-seven of the Public chapter 257, 1909, amend Be it enacted by the People of the State of Maine, as follows: Section fifty-four of chapter two hundred and fifty-seven of Section 54. the public laws of nineteen hundred and nine is hereby amend- public laws ed by inserting after the words "school committee" in the ed. fourth line thereof, the words 'and such age and schooling certificate when duly issued shall excuse such child from attendance at public school', so that said section, when amended, shall read as follows: schooling cer be issued by ent of 'Section 54. Age and schooling certificates shall be issued Age and by the superintendent of schools of the city or town in which tificates shall the child resides, or some person designated or authorized in superintend writing by the school committee, and such age and schooling schools. certificate when duly issued shall excuse such child from attendance at public school; but no person shall issue such certificate to any minor then in or about to enter his employment or the employment of a firm or corporation of which he is a member, stockholder, officer or employee. The person who issues the certificate in accordance with the provisions of this section is hereby empowered to administer the oath provided for therein, but no fee shall be charged therfor.' Approved March 28, 1911. 8 CHAP. 119 Sale of certain adulterated articles prohibited. Term "agri defined. Chapter 119. An Act to amend and unify the laws regulating the sale of agricultural seeds, commercial feeding stuffs, commercial fertilizers, drugs, foods, fungicides and insecticides. Be it enacted by the People of the State of Maine, as follows: Section 1. It shall be unlawful for any person within this state to manufacture, sell, distribute, transport, offer or expose for sale, distribution, or transportation, any article of agricultural seed, commercial feeding stuff, commercial fertilizer, drug, food, fungicide or insecticide which is adulterated or misbranded within the meaning of this act. Section 2. The term "agricultural seed" as used in this act cultural seed" shall be held to include the seeds of alfalfa, barley, Canadian blue grass, Kentucky blue grass, brome grass, buckwheat, alsike clover, crimson clover, red clover, medium clover, white clover, field corn, Kaffir corn, meadow fescue flax, Hungarian, millet, oats, orchard grass, rape, redtop, rye, sorghum, timothy and wheat. Term "com mercial feed fined. The term "commercial feeding stuff" as used herein, shall ing stutt" de- be held to include all articles of food used for feeding live stock, and poultry, except hays and straws, the whole seeds, and the unmixed meals made directly from the entire grains of wheat, rye, barley, oats, Indian corn, buckwheat, flax seed and broom corn. Term "commercial fertllizer" defined. Term "drug" defined. Term "food" defined. Term "fungi The term "commercial fertilizer" as used herein, shall be held to include all materials used for fertilizing purposes, the price of which exceeds ten dollars a ton. The term "drug" as used herein, shall be held to include all medicines and preparations recognized in the United States pharmacopoeia or national formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of man or other animals. The term "food" as used herein, shall be held to include all articles, whether simple, mixed or compound, used for food, drink, confectionery, or condiment by man or other animals. The term "fungicide" as used herein shall be held to include cide" defined. any substance or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating any and all fungi that may infest vegetation, or be present in any environment whatsoever. Term "insect The term "insecticide" as used herein shall include Paris icide" defined. green, lead, arsenate, and any substance or mixture of substances intended to be used for preventing, destroying, repelling, |