unless such irregularity is deemed to have been intentional and made with a fraudulent purpose' so that said section shall read as follows: 'Section 27. If a voter marks more names for any one office than there are persons to be elected to such office, or if for any reason it is impossible to determine the voter's choice for an office to be filled, his ballot shall not be counted for such office. No ballot without the official indorsement shall, except as herein otherwise provided, be allowed to be deposited in the ballot box, and none but ballots provided in accordance with the provisions of this chapter shall be counted. Ballots not counted shall be marked defective on the back thereof, and shall be preserved, as required by section twenty-five. 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 unless such irregularity is deemed to have been intentional and made with a fraudulent purpose.' Approved March 22, 1911. Section 41. chapter 32, R. S.. amended. Fishways to Chapter 72. An Act to amend Section forty-one of Chapter thirty-two of the Revised Statutes, relating to Fishways. Be it enacted by the People of the State of Maine, as follows: Section forty-one of chapter thirty-two of the revised statutes is hereby amended by inserting the word 'or' after the word "shad" in the second line of said section, and by striking out the words "or land-locked salmon" in the third line of said section, so that said section, as amended, shall read as follows: 'Section 41. The owner or occupant of every dam or other be provided. artificial obstruction in any river or stream frequented by salmon, shad, or alewives, shall provide the same with a durable and efficient fishway, of such form and capacity, and in such location as may, after notice in writing to one or more of said owners or occupants and a hearing thereon, be determined by the commissioners of inland fisheries and game by -notice and hearing. CHAP. 72 -fishways to pair. -appeal to county commissioners in agreement. written notice to some owner or occupant specifying the location, form and capacity of the required fishway, and the time within which it shall be built; and said owner or occupant shall keep said fishway in repair, and open and free from obstruction for the passage of fish, during such times as are prescribed be kept in reby law; provided, however, that in case of disagreement between said commissioners and the owner or occupant of any dam, as to the propriety and safety of the plan submitted to the owner or occupant of such dam for the location and construction of the fishway, such owner or occupant may appeal to the county commissioners of the county where the dam is located, within twenty days after notice of the determination case of disfrom the commissioners of inland fisheries and game by giving to the latter named commissioners notice in writing of such appeal within that time, stating therein the reasons therefor; and at the request of the appellant or the commissioners of inland fisheries and game, the senior commissioners in office of any two adjoining counties shall be associated with them, who shall appoint a time to view the premises and hear the parties and give due notice thereof, and after such hearing they shall decide the question submitted, and cause record to be made thereof, and their decision shall be final as to the plan and location appealed from. If the requirements of the commissioners of inland fisheries and game are affirmed, the appellants shall be liable for the costs arising after the appeal, otherwise they shall be paid by the county. If a fishway thus re--if fishway quired is not completed to the satisfaction of the commissioners is not comof inland fisheries and game within the time specified, every owner or occupant shall forfeit not more than one hundred, nor less than twenty dollars for every day of such neglect between the first days of May and November. On the completion of a fishway to the satisfaction of the commissioners of inland fisheries and game, or at any subsequent time, they shall prescribe in writing the time during which the same shall may prebe kept open and free from obstruction to the passage of fish each year, and a copy of such writing shall be served on the ways shall be owner or occupant of the dam. The commissioners of inland fisheries and game may change the time as they see fit. Unless otherwise provided, fishways shall be kept open and unobstructed from the first day of May to the fifteenth day of July. The penalty for neglecting to comply with this section, or with penalty. any regulations made in accordance herewith, is not less than twenty, or more than one hundred dollars for every day of such neglect. Approved March 22, 1911. costs, how paid. pleted in specified time, owner shall be fined. scribe time when fish kept open. СНАР. 73 Section 1. chapter 70, public laws 1907, amended. Shall not ap roads. Chapter 73. An Act to amend Chapter seventy of the Public Laws of nineteen hundred and seven, entitled "An Act amending Chapter one hundred and sixty-four of the Public Laws of nineteen hundred and five, relating to location and assessment of damages for property taken for Public Uses." Be it enacted by the People of the State of Maine, as follows: Section one of chapter seventy of the public laws of nineteen hundred and seven, is hereby amended by inserting the words "or to street railroad corporations" severally in lines three and four thereof, so that said section as amended shall read as follows: 'Section 1. The provisions of chapter one hundred and ply to steam sixty-four of the public laws of nineteen hundred and five shall not apply to steam railroads or to street railroad corporations, and all acts and parts of acts relating to or applying to steam railroads or to street railroad corporations repealed by said chapter one hundred and sixty-four are hereby revived.' Section 43, Approved March 22, 1911. Chapter 74. An Act to amend Section forty-three of Chapter one hundred and six of the Revised Statutes, relating to Real Actions. Be it enacted by the People of the State of Maine, as follows: Section forty-three of chapter one hundred and six of the chapter 106, revised statutes is hereby amended by striking out of said section the words "one year" in the eleventh line, and inserting in the place thereof the words 'three years' so that said section when amended shall read as follows: R. S., amended. If tenant is 'Section 43. When a person makes entry into lands or teneousted, after ments, of which the tenant in possession, or those under whom he claims, have been in actual possession for six years or more, for improve and withholds from such tenant, the possession thereof, the six years' possession, he may recover ments. tenant may recover of the person so entering, or of his executor or administrator, in an action of assumpsit for money laid out and expended, the increased value of the premises by reason of the buildings and improvements made by the tenant, or by those under whom he claims, to be ascertained by the principles hereinbefore provided; these provisions extend to the grantee or assignee of the tenant in dower and of any other life estate; and a lien is created on the premises in favor of such claim, to be enforced by an action commenced within three years after such entry; and it is no bar to such action, if the tenant, to avoid cost, yields to the superior title.' Approved March 22, 1911. Chapter 75. An Act to amend Chapter eighty-five, Section six, of the Revised Statutes, relating to Municipal and Police Courts, their jurisdiction and proceedings in Civil Actions. CHAP. 75 R. S., Be it enacted by the People of the State of Maine, as follows: Section six, of chapter eighty-five, of the revised statutes, Section 6, is hereby amended by inserting the word 'five' after the word chapter 85, "sixty" and before the word "days" in the third line of said amended. section so that said section as amended shall read as follows: 'Section 6. Writs in civil actions before any municipal or police court, may be made returnable at any term thereof, to be held not less than seven, nor more than sixty-five days from returnable. their date.' Municipal or police court writs, when Approved March 22, 1911. Chapter 76. An Act to amend Section twenty-three, Chapter one hundred and twentyfive of the Revised Statutes, relating to the sale of tickets to Religious or Temperance Campmeetings. R. S., at camp Be it enacted by the People of the State of Maine, as follows: Section twenty-three of chapter one hundred and twenty- Section 23. five of the revised statutes is hereby amended by inserting chapter 125, after the word "meetings" in the ninth line of said section, the amended. following words, and to sell tickets for admission to such meetings' so that said section as amended shall read as follows: 'Section 23. On application of the presiding elder, officers Special police or preachers in charge, or tent masters, of a religious or tem- meetings, perance campmeeting in any town, the municipal officers there- how to be of or a majority of them, shall in writing, appoint one or more police officers to preserve the peace during such meeting, who may arrest any violator of the preceding section, detain him until a warrant can be issued, and execute such warrant when directed to them; and the presiding officer or committee -presiding of arrangements of such religious assembly or meeting may appoint some suitable persons to keep boarders and sell re · freshments at such meetings, and to sell tickets for admission to such meetings, who shall conform therein to such regulations as the officers appointing them prescribe.' Approved March 22, 1911. appointed. committee. officer, or may appoint persons to keep boarders, sell refreshments and tickets. CHAP. 77 Section 57, chapter 29, R. S., 1903, amended. Persons drunk in streets shall -exception. Chapter 77. An Act to amend Section fifty-seven of Chapter twenty-nine of the Revised Statutes of nineteen hundred and three, relating to the conviction of Inebriates. Be it enacted by the People of the State of Maine, as follows: Section fifty-seven of chapter twenty-nine of the revised statutes of nineteen hundred and three is hereby amended by adding to the first sentence thereof the following words, 'except that in any county where a county farm for the reformation of inebriates has been established, any male person who has been previously convicted of intoxication may be sentenced to said farm for a period of not less than ninety days or not exceeding one year,' so that said section shall read as follows: 'Any person found intoxicated in any street, highway or other public place, shall be punished for the first offense by a be punished. fine not exceeding ten dollars, or by imprisonment not exceeding thirty days, and upon any subsequent conviction by imprisonment not exceeding ninety days, except that in any county where a county farm for the reformation of inebriates has been established, any male person who has been previously convicted of intoxication may be sentenced to said farm for a period of not less than ninety days or not exceeding one year. Any person found intoxicated in his own house, or in any other building or place, who is disturbing the public peace, or the peace of his own or any other family, shall be punished for the first and any subsequent conviction, as provided in the preceding clause of this section. Any such intoxicated person shall be taken into custody by any sheriff, deputy sheriff, constable, marshal, police officer or watchman, and committed to rest and trial. the watch-house or police station or restrained in some other suitable place, until a complaint can be made and a warrant issued against him, upon which he may be arrested and tried.' -person drunk in his own house, and disturb ing the peace, shall be pun ished. -formal ar Approved March 22, 1911. |