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eree, the other party, after thirty days from the time the notice of the aforesaid damage was given or received, shall select two referees, and the two selected shall choose the third. The said referees shall submit a written report, signed by a majority, within fifteen days from the date of their appointment, stating the amount to be paid by the town. The report of said referees shall be final and the expenses of the referees shall be divided equally between the owner of the animals and the town, city or plantation.

Any town paying such damages caused by dogs may maintain an action on the case against the owner or keeper of such dogs to recover the amount paid, not exceeding the actual damage committed and fifty per cent. additional.

Any person who keeps a dog that kills or injures sheep or lambs shall be fined not less than fifty dollars nor exceeding one hundred dollars and costs, unless before the final disposition of the case, the said owner or keeper of the said dog produces satisfactory evidence that the dog has been killed.

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Section 13,

chapter 222,

Section 2. Section thirteen of chapter two hundred and twenty-two is hereby amended by inserting after the word amended. "identified" in the sixth line the words, or shall have paid such damages for losses caused by wild animals,' so that the section as amended shall read as follows:

ments for

by cities and

towns.

'Section 13. When any city, town, or plantation shall have Reimbursepaid damages to the owners of sheep, lambs, or other domestic amount paid animals, as provided in section eleven, for losses caused by dogs, and the amount of such damages cannot be collected from the owners or keepers of said dogs, or the dog or dogs causing such losses cannot be identified, or shall have paid such damages for losses caused by wild animals, the mayor of such city, or the municipal officers of said town or plantation, shall forward to the state auditor a statement of facts in each case, showing the amount so paid, and the state shall re-imburse such city, town or plantation to the amount of such damage from the fund received by said state under section four, and so much as may be necessary is hereby appropriated to pay the same.'

Approved March 16, 1911:

CHAP. 41

Penalty for removing waste from

of cars, etc.

Chapter 41.

An Act to prohibit the removing of waste or packing from the journal box or boxes of locomotives and Railroad Cars.

Be it enacted by the People of the State of Maine, as follows:

Any person who wilfully and maliciously takes or removes the waste or packing from a journal box or boxes of a locoJournal boxes motive, engine, tender, carriage, coach, car, caboose or truck used or operated upon a railroad, whether operated by steam or electricity, shall be imprisoned for not more than three years or fined not more than five hundred dollars.

Approved March 16, 1911.

Appointment

of guardians

probate.

Chapter 42.

An Act in relation to the Appointment of Guardians by Consent.

Be it enacted by the People of the State of Maine, as follows: Section I. Whenever any person shall deem himself unfitted, by judge of by reason of infirmities of age or other mental or physical disability, for the management of his affairs with prudence and understanding, he may apply to the court of probate for the county in which he resides for the appointment of a guardian over him, and thereupon the judge of probate for such county may, after such notice and hearing as the judge may order, appoint some suitable person as guardian over him.

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Section 2. Such guardian shall give bond to the judge of probate, with sufficient sureties, give notice of his appointment in the same manner as guardian of insane persons are required by law to do, and be subject to all provisions of law now in force as to guardians and estates of their wards.

Approved March 16, 1911.

Chapter 43.

An Act to amend Chapter one hundred and fifty-three of the Public Laws of nineteen hundred and seven as amended by Chapter seventy-two of the Public Laws of nineteen hundred and nine relative to transportation of Public Officials.

Be it enacted by the People of the State of Maine, as follows:

Section two of chapter one hundred and fifty-three of the public laws of nineteen hundred and seven as amended by chapter seventy-two of the public laws of nineteen hundred and nine is hereby further amended by inserting after the word "families" in the fourth line of said section two the following words: 'Or to police officers, or to members of fire departments in course of duty,' also by inserting after the word "official" in the eighth line of said section the following words: 'Excepting police officers and members of fire departments,' so that said section two, as amended, shall read as follows: 'Section 2. This statute shall not apply to the issuance and interchange of passes for officers, agents, employees, surgeons, physicians and attorneys of railroads and other carriers, and their families, or to police officers, or to members of fire departments in course of duty, but such officer, agent or person, if holding or receiving free or reduced rate transportation, shall not receive from the state or municipality any mileage or pay for personal transportation as such state or county or municipal official over the steam or other railways from which he has free or reduced rate transportation; and it shall be the duty of all railway corporations, within five days of issuance. to file with the secretary of state the name of every federal, state or county or municipal official, excepting police officers and members of fire departments, to whom free or reduced rate transportation is issued by said corporation, the kind of transportation, the time for which it is good, and the reason for so doing.

It shall be the duty of the secretary of state to keep in a suitable book a record of all such free or reduced rate transportation so issued to any federal, state, or county or municipal official, which record shall be open at any time during office hours for public examination.'

Approved March 17, 1911.

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CHAP. 44

Chapter 10, public laws 1907, repealed.

Chapter 44.

An Act to repeal Chapter ten of the Public Laws of nineteen hundred and seven, relating to Census of Feeble Minded.

Be it enacted by the People of the State of Maine, as follows: Chapter ten of the public laws of nineteen hundred and seven are hereby repealed.

Approved March 17, 1911.

Section 1, chapter 151,

Chapter 45.

An Act to amend Section one of Chapter one hundred and fifty-one of the Public Laws of nineteen hundred and five, relating to the clerk hire of Register of Probate of York County.

Be it enacted by the People of the State of Maine, as follows: Section one of chapter one hundred and fifty-one of the pubpublic laws' lic laws of nineteen hundred and five is hereby amended by striking out the word "three" in the twenty-fifth line thereof (of the seventeenth paragraph of said section) and inserting in its place the word 'six' so that said paragraph as amended shall read as follows:

1905, amended.

'York, thirteen hundred dollars with six hundred dollars additional for clerk hire.'

Approved March 17, 1911.

Section 89, chapter 94,

1909, amended.

Chapter 46.

An Act to amend Section eighty-nine of Chapter ninety-four of the Public Laws of nineteen hundred and nine relating to the Compensation of Selectmen.

Be it enacted by the People of the State of Maine, as follows: Eighty-nine of chapter ninety-four of the public laws of public laws nineteen hundred and nine is hereby amended by appending the following words: 'and towns having less than three thousand inhabitants, may by major vote at its annual town meeting fix the compensation of the chairman of its board allowing such sum for his services as are commensurate with the duties of the office,' so that as amended, said section shall read as follows:

Selectmen to be as

sessors in certain

events.

-compensation.

'Section 89. If any town does not choose assessors, or if so many of them refuse to accept that there are not such a number as the town voted to have, the selectmen shall be the assessors and each of them shall be sworn as an assessor and each selectman and assessor shall be paid for his services, two

dollars for every day necessarily and actually employed in the services of the town. Towns having three thousand or more inhabitants may vote to pay their selectmen a compensation. not exceeding five dollars a day for time actually spent in the service of the town, and towns having less than three thousand inhabitants may, by major vote at its annual town meeting fix the compensation of its board of selectmen, allowing such sum as may be commensurate with the duties of the office.' Approved March 17, 1911.

СНАР. 47

Chapter 47.

An Act in addition to Chapter ninety-three of the Revised Statutes, relating to liens on Lands.

Be it enacted by the People of the State of Maine, as follows: Whoever performs labor or furnishes labor or materials in the laying out, or construction of any road, path or walk, or in improving or beautifying any land in a manner commonly known as landscape gardening, by virtue of a contract or by consent of the owner, has a lien thereon to secure payment thereof, with costs. Such lien may be preserved and enforced in the same manner and under the name restrictions as liens on buildings and lots are preserved and enforced under sections twenty-nine to forty-three inclusive of chapter ninetythree of the revised statutes. The lien provided for herein is made subject to all the provisions of said sections and acts. amendatory thereof, wherever applicable.

Approved March 20, 1911.

Liens on

lands.

-how enforced.

Chapter 48.

as

An Act to further amend Chapter four of the Revised Statutes amended by Chapter seventy-eight of the Public Laws of nineteen hundred and five, relating to Town and City By-Laws and Ordinances.

Be it enacted by the People of the State of Maine, as follows: Chapter four of the revised statutes as amended by chapter seventy-eight of the public laws of nineteen hundred and five is hereby further amended by striking out the word "five" in paragraph twelve and inserting therefor the word 'one' so that said paragraph as amended shall read as follows:

Chapter 4,
R. S., as

amended by

er 78. public laws

further

amended.

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