Chapter 66. An Act to protect Eider Ducks; also to amend Section seven of Chapter thirty-two of the Revised Statutes, relating to game birds, to amend Section twelve of Chapter one hundred and thirty-two of the Public Laws of nineteen hundred and five relating to wild birds, and to repeal Section five of Chapter ninety of the Public Laws of nineteen hundred and nine relating to Loons. CHAP. 66 eider duck. Be it enacted by the People of the State of Maine, as follows: Section 1. There shall be an annual close time in which close time on no person shall hunt, chase, catch, kill or have in possession, whenever or however killed, any eider duck, commonly called sea duck, from the first day of February to the first day of the following October in each year. Close time on Section 2. All the provisions of section seven of chapter thirty-two of the revised statutes relative to hunting, chasing, ducks. catching, killing, having in possession, selling and transporting wood duck and other ducks therein mentioned, are hereby made to apply to the first section of this act. Section 3. Section seven of chapter thirty-two of the revised statutes is hereby amended by striking out after the word "sandpipers" in the eighth line of said section seven the words "from the first day of May to the first day of August" and inserting in place of the words so stricken out, the following: 'from the first day of December to the first day of the following August.' Section 7, chapter 32, amended. -sandpipers. Section 12, chapter 132, 1905 public laws amended. -mud hens, Section 4. Section twelve of chapter one hundred and thirtytwo of the public laws of nineteen hundred and five is hereby amended by striking out of the fourth, fifth and sixth lines of said section the words "in addition to the wild birds that may be killed at any time the following shall be included: Mud hens, so-called, kingfishers, and blue heron, so-called," so that kingfishers, said section twelve as amended shall read as follows: 'Section 12. Chapter thirty-two of the revised statutes is chapter 32. hereby further amended by adding thereto the following section: and blue heron. R. S., amended. killing eagle or vulture. 'Section 61. It shall be unlawful to kill an eagle or vulture Penalty for at any time under a penalty of ten dollars and costs for each offense.' Section 5. Section five of chapter ninety of the public laws of nineteen hundred and nine relating to loon is hereby repealed. Stion 5. public laws chapter 90, 1909. repealed. kingfishers, Section 6. The commissioners of inland fisheries and game Destrution are hereby authorized to cause the destruction of any mud of mud hens, hens, so-called, kingfishers, blue heron, so-called, or loons found blue heron in or around any fish hatchery or feeding station in this state. thorized. Approved March 22, 1911. or locns, au CHAP. 67 Sale of fish and game seized, prohibited. Fish and game seized, how disposed of. Record of fish and game seized. Record of fish and uted shall be kept. Chapter 67. An Act to regulate the disposal of fish and game seized by the Commissioners of Inland Fisheries and Game or any officials empowered so to do. Be it enacted by the People of the State of Maine, as follows: Section 1. No commissioner of inland fisheries and game or other persons having the power to seize fish and game shall sell or offer the same for sale. Section 2. That all fish and game seized by the aforenamed officials shall be distributed among the various state hospitals or other charitable institutions under the direction of the commissioners of inland fisheries and game. Section 3. That a record shall be kept by said commissioners of all fish and game seized. Section 4. That a record shall be kept by said commissiongame distrib- ers where all fish or game seized, has been distributed, and that a receipt shall be taken for the same from the proper official of the institution receiving said fish or game. Section 5. All acts or parts of acts inconsistent with this act are hereby repealed. Inconsistent acts repealed. Approved March 22, 1911. Purchase and birds regu lated. Chapter 68. An Act to regulate the sale and purchase of Game Birds. Be it enacted by the People of the State of Maine, as follows: Section 1. No ruffed grouse, commonly called partridge, sale of game woodcock, wood-duck, dusky duck, commonly called black duck, teal or any and all ducks known as gadwall or gray duck, mallard, widgeon or baldpate, shoveler, pintail or sprig tail, redhead, scaup duck or greater bluebill, lesser scaup duck or lesser bluebill, golden eye or whistler, bufflehead, ruddy duck or broadbill shall be bought or sold at any time by any person. Provided, however, that the provisions of this section shall not apply to game birds raised in private game preserves operated under permission of the commissioners of inland fisheries ani game. --proviso. Penalty. Section 2. Whoever violates any provision of this act shall be subject to a penalty of not less than five dollars nor more than ten dollars and costs for each bird bought, sold, or had in possession in violation of any provision of this act. Approved March 22, 1911. Chapter 69. An Act to provide for the Propagation and Cultivation of Clams. Be it enacted by the People of the State of Maine, as follows: CHAP. 69 Towns may grant licenses for propagation and cultivation of -term of license. Section 1. Upon an application in writing, the mayor and aldermen of a city or the selectmen of a town shall grant a written license subject to such rules and regulations as are approved by the city council of the city, or by the voters of clams. the town an annual or special town meeting, for the purposes of planting and cultivating clams upon and in not exceeding one-fourth of the flats and creeks of their respective cities and towns and within the limits to be specified in the license, for a term of not more than ten or less than five years, to any person who has resided in the state or who has been a taxpayer in the city or town for not less than one year preceding the date of his application; and all such licenses may be assigned by the licensee to any person who has been a resident of the state or a taxpayer in the city or town for not less than one year preceding the date of the assignment, but shall not be assigned or transferred without the written consent of the mayor and aldermen of such city or the selectmen of such town. -license may be assigned. Shall not obgation. struct navi -proceedings before be granted. Section 2. The licenses herein provided for shall not be granted if their exercises would materially obstruct navigable water. No license shall be granted under this act until after a public hearing, stating the name and residence of the appli- licenses shall cant, the date of the filing of the application, the location, area, and description of the grounds applied for, due notice of which has been posted in three or more public places, and published in a newspaper, if there be any, published in the city or town. in which the premises are situated, at least ten days before the time fixed for the hearing. Said licenses shall be granted all cases to the riparian proprietors of the adjacent property, when there are two or more applicants for the same territory and the adjacent riparian proprietor is one of them. Section 3. It shall be unlawful, for any person, except the Unlawful to licensee or his agents or assignees, to dig or take clams or clam seed within the territory covered by a license granted by license. hereunder, or to remove the same from the said territory. Section 4. A license granted hereunder shall describe by metes and bounds the waters, flats and creeks, to which the license is applicable, and it shall have no force until it is recorded with the clerk of the city or town granting the same, and the licensee shall pay annually to the city or town a fee preference riparian pro shall be given prietor. tike clams on licensed territory except License shall ritory cov describe ter ered, and shall be recorded. CHAP. 69 -recording fee. -records of not less than one dollar nor more than five dollars per acre for the license, as the mayor and aldermen of the city and the selectmen of the town may determine. A recording fee of fifty cents shall be paid to the clerk of the city or town for recording the said license or an assignment thereof. The said shall be open license and any assignments thereof shall be recorded in a book to be kept for the purpose in the office of the clerk of the city or town, and such books shall be open to inspection by the public. Forms for licenses and for assignments shall be provided by the mayor and aldermen of a city or the selectmen of a town at the expense of the city or town. to public in spection. -forms for licenses furnished by municipal officers. Survey and plan of territory covered by license shall be made. -territory shall be marked by stakes, etc. Proceedings if licensee fails to occu py and use ered by license. Section 5. Before granting any license hereunder, the mayor and aldermen of a city or the selectmen of a town shall cause to be made a survey and plan of the territory within which licenses are to be granted, and shall cause to be marked upon a copy of such plan to be kept in the office of the city or town clerk the territory covered by any license issued by them. It shall be the duty of the licensee upon receiving his license. to cause the territory covered thereby to be plainly marked out by stakes, buoys, ranges or monuments which shall be maintained by him during the term of the license. Failure to place or maintain the same shall be sufficient cause for revocation of the license by the authority granting the same. Section 6. If it appears to the mayor and aldermen of a city or selectmen of a town granting a license hereunder that the territory cov licensee or his assignee does not actually occupy and use in good faith for the purposes specified in sections one and two of the territories covered by the license, they shall petition the superior court of the county wherein the territory is situated to appoint a commission of one or more persons to investigate and report to the court as to the use and occupancy of such territory, and the court shall appoint a commission of one or more persons who, after twelve days' notice to the petitioners and the respondent, shall hear the petitioners and respondent and shall transmit their findings to the court. If it shall appear to the said court that the said territory is not used and occupied in good faith for the purpose stated in the license, the court may order that use of the territory shall revert to the city or town and that all stakes or buoys and other appliances marking the same shall be removed. The costs upon said petition shall be assessed as the court may direct. Licensee shall have Section 7. The licensee, his heirs or assignees shall for the exclusive use purposes described in the license have the exclusive use of the territory described therein during the term of the license of territory covered by license. CHAP. 70 and may in an action of tort recover treble damages of any person who, without his or their consent, digs or takes clams or other shellfish in the territory covered by the license or removes the same therefrom. Whoever so digs, takes or re- penalty. moves clams or other shellfish shall, in addition, be subject to a penalty of twenty dollars for each offence. Section 8. All acts and parts of acts inconsistent herewith are hereby repealed. Approved March 22, 1911. Inconsistent acts repealed. Chapter 70. An Act to regulate the number of Ruffed Grouse (commonly called Partridge) and Woodcock which may be taken or had in possession by one person in any one day during open season. Be it enacted by the People of the State of Maine, as follows: Number of and woodmay be taken ruffed grouse cock that in one day. Section 1. No person shall, in any one day, take, catch, kill or have in possession more than five ruffed grouse (commonly called partridge) nor more than ten woodcock during open season on said birds. Section 2. Whoever violates any provision of this act shall Penalty for be subject to a penalty of not less than five dollars nor more than ten dollars and costs for each bird killed or had in possession in violation of any provision of this act. Section 3. All acts or parts of acts inconsistent with this act are hereby repealed. Approved March 22, 1911. violation of this act. Inconsistent acts repealed. Chapter 71. An Act to amend Section twenty-seven of Chapter six of the Revised Be it enacted by the People of the State of Maine, as follows: Section twenty-seven of chapter six of the revised statutes is hereby amended by adding to said section the following: 'No marks, other than those authorized by law, shall be placed upon the ballot by the voter but no ballot, after having been received by the election officers, shall be rejected as defective because of marks, other than those authorized by law, having been placed upon it by the voter, unless such marks are deemed to have been made with fraudulent intent, and no ballot shall be rejected as defective because of any irregularity in the form of the cross in the square at the head of the party column Section 27, chapter 6, amended. R. S., |