power to cancel any permit whenever the provisions of this act or those of the Maine pure food and drug law have not been complied with. CHAP. 151 Director of experiment station shall see that food conformity Section 2. The director of the Maine agricultural experiment station shall, by adequate inspection, see that the food packed under this act is in conformity with the requirements is packed in of the Maine pure food and drug law. Said director shall with law. make uniform rules and regulations for carrying out the provisions of this and said pure food and drug law. Said director shall authorize the persons packing a food in conformity with this and said pure food and drug law to mark the container of said food with a statement certifying that the food contained therein was packed, inspected and passed under the Maine pure food and drug law. packer of Section 3. Whenever said director becomes cognizant of the Notice to violation of any of the provisions of this act he shall cause notice of such fact together with a copy of the charge to be preferred, stating the date, hour and place of hearing to be given to the packer so charged, who shall be given an opportunity to be heard under such rules and regulations as may be prescribed by said director. falsely mark Section 4. Any person who shall falsely mark any container Penalty as having been packed in conformity with the requirements ing. of this act shall be punished by a fine not exceeding five 'hundred dollars for each container thus falsely marked. Section 5. The word "person" as used in this act shall be construed to import both the singular and the plural, as the case demands, and shall include corporations, companies, societies and associations. When construing and enforcing the provisions of this act, the act, omission, or failure of any officer, agent, or other person acting for or empowered by any corporation, company, society, or association, within the scope. of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society, or association as well as that of the person. word "perconstructed as son" how used in this act. Director provisions of shall enforce this act, and al. Section 6. Said director shall diligently enforce all of the provisions of this act, and shall be entitled to and shall have and receive the assistance of the attorney general and of have assistany ance of atcounty attorney. Said director, in his discretion, may recover torney gener the penalties for the violation of this act in an action of debt. brought in his own name, the venue to be as in other civil cases, and the plaintiff prevailing in any such action shall recover full costs; or he may prosecute violations by complaint or indictment in the name of the state. All fines received under this act shall be paid by the county treasurer to the director of the CHAP. 152 Court jurisdiction. When this act takes effect. Maine agricultural experiment station. All moneys received by said director under this act shall be paid by him to the treasurer of the Maine agricultural experiment station and shall be expended in carrying out the provisions of this act. Section 7. Trial justices, municipal and police courts are hereby invested with original jurisdiction, concurrent with the supreme judicial court, to hear, determine, enter, and by appropriate process, enforce judgment in actions brought for the recovery of the penalties aforesaid, and to try, and, upon conviction, to punish for offenses against the provisions of this act. Section 8. This act shall take effect when approved. Approved March 30, 1911. Chapter 113, public laws 1909, repealed. Foreign cor porations, before doing business in this state, shall appoint a lawful attorney. Chapter 152. An Act imposing an annual license fee upon Foreign Corporations and repealing Chapter one hundred thirteen of the Public Laws of nineteen hundred and nine. Be it enacted by the People of the State of Maine, as follows: Section 1. Chapter one hundred and thirteen of the public laws of nineteen hundred and nine is hereby repealed and the following enacted in its stead: 'Section 1. Every corporation established under laws other than those of this state for any lawful purpose other than as a bank, savings bank, trust company, surety company, safe deposit company, insurance company or public service company, which has a usual place of business in this state or which is engaged in business in this state permanently or temporarily, without a usual place of business therein, shall before doing business in this state, in writing appoint a resident of the state having an office or place of business therein to be its true and lawful attorney upon whom all lawful processes in any action or proceedings against it may be served, and in such writing, which shall set forth said attorney's place of residence, shall agree that any lawful process against it which is served on said attorney shall be of the same legal force and validity as if served on it, and that the authority shall continue in force so long as any liability remains outstanding against it in this state. The power of attorney and a copy of the vote authorizing its copy of vote execution, duly certified and authenticated, shall, upon payment of a fee of ten dollars, be filed in the office of the secretary of state and copies certified by him shall be sufficient evidence thereof. Service of such process shall be made by leaving a copy of the process in the hands or in the office of the said -power of attorney and shall be filed. -fee. --service of process. attorney, and such service shall be sufficient service upon the corporation. Such appointment shall continue in force until revoked by an instrument in writing designating in a like manner some other person upon whom such process may be served. Such instrument shall be filed in the manner provided herein for the original appointment and shall be accompanied by a fee of five dollars payable to the secretary of state. Section 2. Every such foreign corporation before transacting business in this state, shall, upon payment of a fee of ten dollars which is in addition to the fee provided in section one of this act, file with the secretary of state a copy of its charter, articles or certificate of incorporation, certified under the scal of the state or country in which such corporation is incorporated by the secretary of state thereof or by the officer having charge of the original record therein, a true copy of its by-laws and a certificate in such form as the secretary of state may require, setting forth: (a) The name of the corporation; (b) The location of its principal office; (c) The names and addresses of its president, treasurer, clerk or secretary and of the members of its board of directors; (d) The date of its annual meeting for the election of offi cers; (e) The amount of its capital stock, authorized and issued, the number and par value of its shares and the amount paid in thereon to its treasurer. Said certificates shall be subscribed and sworn to by its president, treasurer or clerk. The officers and directors of such corporation shall be subject to the same penalties and liabilities for false and fraudulent statements and returns as officers and directors of a domestic corporation. Every officer of such a corporation which fails to comply with the requirements of this section and of sections one and five and every agent thereof who transacts business as such in this state shall, for such failure, be liable to a fine of not more than five hundred dollars. Such failure shall not affect the validity of any contract with such corporation, but no action shall be maintained or recovery had in any of the courts of this state by any such foreign corporation so long as it fails to comply with the requirements of said sections. Section 3. The secretary of state shall refuse to accept or file the charter, certificate or other papers of, or accept appointment as attorney for service for, any such corporation which does a business in this state, the transaction of which by domestic corporation is not then permitted by the laws of this state. СНАР. 152 Shall file increase or decrease of capital stock. -fees. Section 4. All such foreign corporations shall, within thirty certificate of days after the payment in of an increase of capital stock, upon payment of a fee of ten dollars, file in the office of the secretary of state a certificate of the amount of such increase and the fact of such payment, signed and sworn to by its president, treasurer or clerk. Within thirty days after the vote of such corporation authorizing a reduction of its capital stock, a copy of such vote, signed and sworn to by the clerk of the corporation, shall, upon payment of a fee of ten dollars be filed in the office of the secretary of state. Fee to state treasurer. -notice of change in certificate of charter shall be filed with secretary of state. Penalty for violation of section 5. Secretary of state shall notify cor poration up file required Section 5. Every such foreign corporation shall annually, on or before the first day of March, pay to the state treasurer for the use of the state a license fee of ten dollars. It shall also annually within thirty days after the date fixed for its annual meeting, or within thirty days after the final adjournment of said meeting, but not more than three months after the date fixed for said meeting, prepare and file in the office of the secretary of state, a certificate signed and sworn to by its president, treasurer or clerk, showing the change or changes, if any, in the particulars included in the certificate required by section two made since the filing of said certificate or of the last annual report. If no changes have occurred, a certificate to that effect shall be sufficient. Section 6. Any foreign corporation which omits to file the certificate required by section five shall forfeit to the state not less than five nor more than ten dollars for each day for fifteen days after the expiration of the period therein named, and not less than ten nor more than two hundred dollars for each day thereafter, during which such omission continues. Section 7. The secretary of state upon the failure of any such corporation to file the certificate required by section five on failure to shall forthwith notify such corporation, and the notice shall contain a copy of this and the two preceding sections, but failure on the part of the secretary of state to so notify shall not relieve any corporation of any of the duties or liabilities imposed thereon by this act. certificate. Liability of officers. Section 8. The officers of such foreign corporations shall be jointly and severally liable for all the debts and contracts of the corporation contracted or entered into while they are officers thereof, if any statement or report which required by the provisions of this act is made by them which is false in any material representation and which they know to be false; but only the officers who sign such statement or report shall be so liable.' Approved March 30, 1911. Chapter 153. An Act to prohibit the use of Gang Hooks, so-called, when Fishing in the Inland Waters of this State. Be it enacted by the People of the State of Maine, as follows: CHAP. 153 gang hooks Section 1. It shall be unlawful for any person to use while Fishing with fishing at any time for any kind of fish, in any of the inland prohibited. waters of this state, any device known as a gang hook or any lure or bait for fish containing more than one hook, except it exception. shall be lawful to use a top hook, so-called, or a gill hook, socalled, and also artificial flies when used in the ordinary way of casting with flies or fly fishing, so-called. Provided, further, that this act shall not take effect until October first, in the year of our Lord, nineteen hundred and twelve. Section 2. Whoever violates any provision of this act shall be subject to a penalty of not less than ten dollars nor more than thirty dollars and costs for each offense. --proviso. Penalty. Section 3. All acts or parts of acts inconsistent with this Inconsistent act are hereby repealed. acts repealed. Approved March 30, 1911. Chapter 154. An Act to regulate the sale and purchase of trout, land-locked salmon, togue, white perch and black bass. Purchase and sale of cer tain fish pro hibited. Be it enacted by the People of the State of Maine, as follows: Section 1. No trout, land-locked salmon, togue, white perch or black bass shall be sold at any time by any person. No trout, land-locked salmon, togue, white perch or black bass shall be bought at any time by any person. Provided, however, that --proviso. the provisions of this section shall not apply to trout, landlocked salmon, togue, white perch or black bass raised in private fish ponds operated under permission of the commissioners of inland fisheries and game. Section 2. Whoever violates any provision of this act shall Penalty. be subject to a penalty of not less than ten dollars nor more than thirty dollars and costs for each offense, and an additional penalty of one dollar for every fish sold, bought or had in possession in violation of any provision of this act. Section 3. All acts or parts of acts inconsistent with this Inconsistent act are hereby repealed. acts repealed. Approved March 30, 1911. |