SECT. 27. The overseers and master of such town house of CHAP. 178. correction shall have such compensation for their services, as shall Compensation be annually voted by their town. of overseers and master. SECT. 28. The overseers shall, from time to time, examine 1825, 297, § 5. into the prudential concerns and management of such house, and Duties of the see that the master faithfully discharges his duty. overseers. Powers of overseers, to comsuch house. "mit persons to 1825, 297, § 5. SECT. 29. Every person, committed to such town house of cor- Support of the rection, shall be supplied by the keeper thereof with a suitable prisoners. 1825, 297, § 5. quantity of bread and water, or other nourishment, as the overseers may order, while so confined; and all expenses, incurred for commitment and maintenance, exceeding the earnings of the person confined, shall be paid by the parties liable for similar charges, in the case of persons committed to any county house of correction. SECT. 30. The overseers of any such town house of correction may commit thereto, for a term, not exceeding forty eight hours, any person publicly appearing in a state of intoxication, or in any manner violating the public peace, whenever the safety of the person intoxicated, or the good order of the community require it, for the purpose of security, if necessary, till such person[s] can be conveniently carried before a magistrate and restrained by complaint and warrant in the usual course of criminal prosecutions. SECT. 31. The form of the order for commitment may be in Form of the orsubstance as follows: "To A. B., master of the house of correction, der for commitin the town of ; you are hereby required to receive and 1825, 297, § 4. keep C. D. in the said house of correction for the term of hours, unless sooner discharged by our order. G. H., S house of correction." And it shall be the duty of any sheriff, deputy sheriff, constable or other person, to whom such order shall be given by said overseers, forthwith to apprehend and convey such person to said house of correction, and deliver him to the master thereof, who shall take and keep such person agreeably to the order; the officer, or other person, serving such order, shall be entitled to receive from the town such fees for service and travel, as is allowed for service of warrants. 1825, 297, § 4. ment. IN THE HOUSE of RepresentaTIVES, October 21, 1840. This bill, including the several chapters, numbered from one, to seventy six, and from seventy eight, to one hundred and seventy eight, inclusive, having had three several readings, passed to be enacted. HANNIBAL HAMLIN, Speaker. IN SENATE, October 21, 1840. This bill, including the several chapters, numbered from one, to seventy six, and from seventy eight, to one hundred and seventy eight, inclusive, having had two several readings, passed to be enacted. October 22, 1840. Approved. STEPHEN C. FOSTER, President. JOHN FAIRFIELD. STATE OF MAINE. IN THE YEAR OF OUR LORD ONE THOUSAND EIGHT HUNDRED AND FORTY ONE. AN ACT TO AMEND THE REVISED STATUTES. SECTION 1. (R. S. ch. 1.) Construction of Sect. 1. Fee in ministerial lands. statutes. Sect. 3. Clause XII. Affirmation may be 4. Revised statutes take effect, Aug- SECTION 2. (R. S. ch. 14.) Of the assess- Sect. 10. Laws retained in force for the pur 7. Lands, reserved for the first settled minister, appropriated to schools. 14. Assessors, clerk and treasurer of parishes to be trustees of funds, to the uses originally prescribed. 15. First meeting of town and parish trustees, how called. SECTION 6. (R. S. ch. 32.) Of paupers, their settlement and support. poses of taxes assessed prior to Sect. 5. Insane poor to be removed to, and August 1, 1841. 32. Assessors to observe warrants of supported in, the insane hospital. Proviso. state treasurer, and of county SECTION 7. (R. S. ch. 60.) Of firewood, bark commissioners. and coal. 34. Penalty, if assessors neglect to as- Sect. 1. Measurer to make allowance for 36. Commissioners may appoint other 51. Turnpike road not required to be 56. Liabilities for assessment of school SECTION 3. (R. S. ch. 16.) Of the militia. 42. Commanders of volunteer compan- 45. Adjutant and quarter master gener- SECTION 4. (R. S. ch. 17.) Of the education of youth. Sect. 51. Tax on banks appropriated to schools. SECTION 5. (R. S. ch. 20.) Of ministerial and school lands, and funds arising therefrom. 2. Notice of acceptance of charter to 4. Number and qualifications of direc tors. 5. Choice of president. Quorum. rectors. 7. Votes allowed to each stockholder. Proxies. 8. Special meetings. Vacancies in board of directors. 9. Where the bank shall be kept. 19. When a bank may commence busi ness. 11. Instalments of capital stock when payable. No stockholder to own more than one fifth. 12. Shares not transferable till all the capital stock is paid in. Exceptions. 13. Right of the state to take stock in any bank. 14. Attachment and sale of shares on writs and executions. 15. Lands and mortgages may be taken and sold. 16. Semi annual state tax. Sect. 17. Payment thereof, how enforced. 18. Power of banks to hold real estate. Restriction. 19. Loans and discounts. Restriction on loans to directors. 20. Not to engage in trade. 21. Semi annual dividends. 23. Cashier not to be a director. 24. Cashier and clerks to be sworn, and give bond. 25. Special meetings of stockholders, how called. 26, 27. Limitation of amount of debts and credits. 28. Liability of directors, if they exceed those limits. 29. Innocent directors exonerated. 30. Banks still liable. 31. Loans and issues not to be made, but at the banking house. 32. Amount of circulation. 33. Form and signature of bills. Every bank to receive its own bills, in payment of debts. 34. Restriction, as to bills under five dollars. Fractional bills prohibited. 35. Interest may be paid on deposits, but not to be payable on notes. 36. Bills to be redeemable in specie at the bank. 37. Exception, as to drafts or checks. 38. Twenty four per cent. yearly dam ages, for not redeeming bills. 39. Interest to be paid, till yearly damages commence. 40. Damages to cease, after tender of the amount. 41. Private property of stockholders liable in certain cases. 42. Directors to disclose names and interests of stockholders. 43. Liability for neglect, on demand. 44. Loss from mismanagement of directors, how made up. 45. Liability of stockholders, at expiration of charter. 46. Mode of enforcing payment from directors or stockholders. 47. Mode of obtaining contribution by a stockholder, who has been compelled to pay. 48. Similar liabilities and remedies of corporations, when stockholders. 49. Bank interest, limited to six per cent. 50. Right of the state to require loans from banks. 51. Requisition, how made. 52. Cashier to make returns, when required by the governor. Form thereof. Sect. 53. Cashiers to make semi annual re turns. Form thereof. 54. Returns to be signed and sworn to. 55. Names of stockholders to be returned, when required by the legislature. 56. Cashier's return to be verified by the directors. 57. Penalty, for not making returns. 58. Secretary of state to furnish blanks for returns. 59. To publish abstracts, and transmit a copy to each bank. 60. Bank commissioners; power and duties. 61. Power to examine banks. May examine officers on oath. Punishment for refusal to testify. 62. Proceedings by commissioners, if they deem a bank unsafe. Injunction, and appointment of receivers to close its concerns. Liability of banks after expiration of their charters. 63. Plates for bills. Bills not void by alterations. 64. Weights to be sealed by the state sealer. 65. Gold, how to be weighed. 66. Application to a judge of the su preme judicial court, if a bank refuse to pay its bills. 67. Court may appoint receivers ; who shall give bond. 68. Their duties. 69. May sell real estate and mortgages. 70. May collect or sell any of the debts due to the bank. 71. Revocation of authority of receiv ers. 72. Appeal from any order of a judge, to the whole court. 73. Compensation to receivers. 74. Liability of officers, refusing to surrender property to the receiv ers. 75. Receivers, after paying the debts, to deliver up the residue of property to the bank. 76. Stockholders may be witnesses, after sale of their stock. 77. Charters to expire October 1, 1847. 78. Banking companies prohibited, unless authorized by the state. 79. Agencies of foreign banks or bankers prohibited, unless authorized by the state. 80. No person to issue bills as a private banker, to be circulated as money. 81. Penalty for violating the three preceding sections. Sect. 82. Punishment for frauds and embez-SECTION 18. (R. S. ch. 114.) Of the comzlement. mencement of civil actions, &c. SECTION 9. (R. S. ch. 91.) Conveyances by Sect. 15. Actions within the jurisdiction of deed, &c. justices, where to be commenced. Sect. 4. Owner of a contingent remainder or SECTION 19. (R. S. ch. 115.) Of proceedings executory devise may convey it. in civil actions in court. SECTION 10. (R. S. ch. 94.) Of title to real Sect. 2. Default of defendant, if he fail to of the supreme judicial court of Sect. 15. Shares in incorporated companies, Massachusetts, now remaining in if attached on the writ, may be sold on execution, without further notice to the corporation. 21. (R. S. ch. 120.) Of actions by and against executors and administrators. 14. Recognizance on an appeal may be Sect. 15. Survivorship of applications for retaken before a justice of the peace, in certain cases. SECTION 13. (R. S. ch. 99.) Of county commissioners. Sect. 21. Action of debt on a judgment of a court of county commissioners. SECTION 14. (R. S. ch, 104.) Of the powers and duties of sheriffs, &c. Sect. 12. New bond may be required of a sheriff or coroner, on application of his sureties. 27. Liability, if coroner or constable detain money collected, after de- view, and actions of review. SECTION 22. (R. S. ch. 123.) Of granting reviews. Sect. 11. Supreme judicial court, on peti tion, may allow entry of an appeal or complaint, which was omitted through mistake or accident. 12. District court may allow entry of an appeal or complaint, which was omitted through mistake or accident. 13. Petitions therefor limited to one year. Attachments and bail not continued by entry of the appeal. SECTION 15. (R. S. ch. 105.) Of the court of SECTION 23. (R. S. ch. 140.) Of habeas cor Sect. 18. When a judge is interested, estate Sect. 38. Habeas corpus may issue for dis to be settled in the most ancient adjoining county. Transcript of charge of an insane person, arrested on mesne process or execution. Effect thereof. county where the estate belongs. SECTION 25. (R. S. ch. 144.) Of the action SECTION 16. (R. S. ch. 107.) Of special ad ministrators, &c. Sect. 13. Special administrator to proceed in his duties, though there may be an appeal. SECTION 17. (R. S. ch. 108.) Of the modes of distributing real and personal estate, &c. Sect. 25. Legatee may bring an appropriate, action against executor, for a leg acy. of dower. Sect. 1. Right of a widow to sue for dower. the receiving of stolen goods. Sect. 14. In case of insurrection, governor Sect. 16. Convict sentenced for life to the may detach, into actual service, an SECTION 28. (R. S. ch. 167.) General pro BE IT visions relating to crimes and pun- SECTION state prison and committed, to be 29. (General repealing act.) Sect. 1. Repeal of certain acts relating to SECTION 30. Time when this act shall take IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES IN LEGISLATURE ASSEMBLED, That the act passed on the twenty second day of October last, entitled "an act for revising, arranging, and amending the public laws of the state," be amended as follows: SECTION 1. The first chapter shall be amended in the third section, by striking out from the twelfth clause the words, "in all cases, where an affimation may be substituted for an oath," and inserting the following, "and in all cases, where a person, required to be sworn, is conscientiously scrupulous of taking an oath, he may affirm"; so that the clause, as amended, will be as follows: R. S. ch. 1. be substituted XII. The word, "oath," shall be construed to include, "affirma- Affirmation may tion"; and in all cases, where a person, required to be sworn, is conscientiously scrupulous of taking an oath, he may affirm. The same chapter shall be further amended, in the fourth section, by striking out the words, "first day of April," and inserting the words, "from and after the thirty first day of July"; and by adding at the close of the section the words, "and also excepting chapter, sixteen, entitled, 'Of the Militia,' which shall take effect from and after the first day of January, in the year one thousand eight hundred and forty two"; so that the fourth section, as amended, shall be as follows: for an oath by persons conscientiously scru pulous. 1821, 86, § 1. utes take effect SECT. 4. All the chapters of these revised statutes shall take Revised stateffect from and after the thirty first day of July, in the year one August 1, 1841. thousand eight hundred and forty one, except where other provision is expressly made, and also excepting chapter, sixteen, entitled, "Of the Militia,” which shall take effect from and after the first day of January, in the year, one thousand eight hundred and forty two. SECTION 2. The fourteenth chapter shall be amended in the tenth section, R. S. ch. 14. by striking out the words, "January first, in the year of our Lord one thousand eight hundred and forty one," and inserting the words, "the time when the revised statutes shall take effect"; so that the section, as amended, shall be as follows: SECT. 10. All laws, now in force, relating to the collection of Laws retained taxes, shall be and remain in full force, for all the purposes of collecting any taxes, which may have been assessed, prior to the time when the revised statutes shall take effect. 66 in force, for the es assessed prior to August 1, 1841. purposes of tax The same chapter shall be amended, in the thirty second section, by striking out the words, "treasurer of the county," and inserting the words, commissioners of the county"; so that the section, as amended, shall be as follows: SECT. 32. All assessors, chosen or appointed as above provided, Assessors to obshall duly observe all such warrants, as they shall receive, while in serve warrants office, from the state treasurer, or the commissioners of the county er and of counin which they reside, pursuant to any act of the legislature, impos- ty commissioning it for the use of the state, or granting it for the use of the county. The same chapter shall be amended, in the thirty fourth section, by striking out the words, "county treasurer's warrant to them to assess," and inserting of state treasur ers. |