70. CHAP. 91. Salary of register of probate of Waldo county established. SALARY ESTABLISHED.-PROBATE COURTS.-MANUF. CORPORATIONS. Chapter 91. An act to establish the salary of the register of probate of the county of Waldo. SECT. 1. The salary of the register of probate for the county of Approved February 26, 1870. Construction of lic notice," per sonal notice" and "due notice," as used in probate courts. Chapter 92. An act to amend chapter sixty-three of the revised statutes, relating to notices in probate courts. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. In all laws relating to probate courts and proceedings, the words "pub. the words "public notice" denotes notice published three weeks successively in a newspaper printed in the county, or if none, in the state paper; the words "personal notice" denotes service by a copy given in hand or left at the place of last and usual abode seven days at least before the time of hearing; and the words "due notice" denote public or personal notice, at the discretion of the judge. SECT. 2. This act shall take effect when approved. Approved February 26, 1870. Proceedings to be observed in the formation of Chapter 93. An act to provide for the formation of manufacturing and other corporations. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Three or more persons may associate themselves together by written articles of agreement, for the purpose of and other corpo- carrying on any manufacturing, mechanical, mining or quarrying manufacturing rations. business. Their first meeting shall be called by one or more of the signers of said articles, by giving notice thereof, stating the time, place and purposes of the meeting to each signer, in writing, or by publishing it in some newspaper printed in the county, at least fourteen days prior to the time appointed therefor. At such meeting they may organize into a corporation, adopt a corporate CHAP. 93. name, define the purposes of the corporation, fix the amount of the capital stock, which shall not be less than two thousand dollars, nor more than two hundred thousand, divide it into shares, and elect a president, not less than three directors, a secretary, treasurer and any other necessary officers, and adopt a code of by-laws. SECT. 2. Before commencing business the president, treasurer and a majority of the directors, shall prepare a certificate setting forth the name and purposes of the corporation, the amount of capital stock, the amount already paid in, the par value of the shares, the names and residences of the owners, the name of the county where located, and the number and names of the directors, and shall sign and make oath to it; and after it has been examined by the attorney general, and by him certified to be properly drawn and signed and conformable to the constitution and laws, it shall be recorded in the registry of deeds in the county where the business is to be done, in a book kept for that purpose, and a copy thereof certified by such register shall be filed in the secretary of state's office, and he shall enter the date of filing thereon, and on the original certificate to be kept by the corporation, and shall record said copy in a book kept for that purpose. And said corporation shall pay the attorney general and secretary of state five dollars each for their services in advance. SECT. 3. From the time of filing such certificate in the secretary of state's office, the signers of said articles and their successors and assigns shall be a corporation the same as if incorporated by a special act, with all the rights and powers, and subject to all the duties, obligations and liabilities provided by chapters forty-six and forty-eight of the revised statutes. SECT. 4. Chapter one hundred and fifty-two of the public acts of eighteen hundred and sixty-two, and chapter one hundred and twenty-five of eighteen hundred and sixty-seven, are hereby repealed; but any corporations established under said chapters shall not be affected by this act, but they shall remain in full force the same as if this act had not been passed. SECT. 5. This act shall take effect when approved. Approved February 26, 1870. A certificate corporation, amount of capital stating name of where located, stock and value of same, names directors and and residences of stockholders, to be approved by and recorded in deeds in the established. attorney general the registry of county where Certified copy to of the secretary be filed in office of state. Fee to attorney secretary of state. general and Such corporation rights and to be liabilities as if the legislature. to have same subject to same incorporated by chap. 152, and Public laws 1862, chap 125, public pealed; corporaunder said acts thereby. laws 1867, re tions established not to be affected CHAP. 94. R. S., chap. 4, sect. 52, amended. Penalty for neglecting to keep check lists, or to reject illegal votes, or for wilfully receiving illegal votes. Chapter 94. An act relating to penalties of selectmen or assessors for malfeasance in office. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section fifty-two of chapter four of the revised statutes is hereby amended by inserting after the word "twenty-two," in said section of said chapter, the following words, viz., 'or wilfully and fraudulently receive the vote of any person not qualified to be an elector as provided by the constitution,' so that said section fiftytwo of said chapter four shall read when so amended as follows: SECT. 52. If such selectmen or assessors wilfully neglect or refuse to keep and use a check list, as provided in section twentyone, or wilfully receive any vote prohibited by section twenty-two, or wilfully and fraudulently receive the vote of any person not qualified to be an elector, as provided by the constitution, they shall each forfeit not less than fifty nor more than one hundred dollars.' Approved February 26, 1870. Public laws 1862, chap. 152, relat ing to formation companies, made applicable to cemetery associations. Chapter 95. An act for the incorporation of public cemeteries. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. That the provisions of the act passed March nineteen, eighteen hundred and sixty-two, entitled "an act to authorize the formation of joint stock companies for manufacturing, mechanical and other purposes," be and they hereby are extended and made applicable to all associations that may hereafter be organized under the same and pursuant thereto for the purposes of owning, managing and protecting lands and their appurtenances appropriated for public cemeteries; and the property of such corporations, and the shares of stock therein, shall be and remain exempted from taxation and attachment to the same extent as like property is so exempted in and by the revised statutes of this state. SECT. 2. This act shall take effect when approved. Approved February 26, 1870. JUSTICES OF PEACE.-REVIEWS IN CRIMINAL CASES.-HIGHWAY SURV. Chapter 96. An act to amend section three, chapter one hundred and thirty-two of the revised statutes, relating to jurisdiction of justices of the peace. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section three of chapter one hundred and thirty-two of the revised statutes, is hereby amended by inserting after the word "first," in the second line, the words, sixth, seventh, eighth,' so that said section, as amended, shall read as follows: 'SECT. 3. They shall have jurisdiction of the offences described in the first, sixth, seventh, eighth and ninth sections of chapter one hundred and twenty, when the value of the property is not alleged to exceed ten dollars; and may punish for the first offence by fine not exceeding ten dollars, and by imprisonment not more than two months; and on a second conviction, by fine not exceeding twenty dollars, and by imprisonment not more than six months.' Approved February 26, 1870. 73 CHAP. 96. Criminal juris diction of justices of the peace extended. R. S., chap. 132, sect. 3, amended. Chapter 97. An act to repeal an act entitled "an act providing for reviews in criminal cases," approved March third, one thousand eight hundred and sixty-nine. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. An act entitled an act providing for reviews in criminal cases, approved March third, in the year of our Lord one thousand eight hundred and sixty-nine, is hereby repealed. SECT. 2. This act shall take effect when approved. Approved February 26, 1870. Public laws 1869, chap. 39, relating to reviews in criminal cases, repealed. Chapter 98. An act to amend sections ten and twelve of chapter three of the revised statutes, relating to choice of highway surveyors. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section ten of chapter three of the revised statutes is. hereby amended by striking out the words "surveyors of highways," in the sixth and seventh lines thereof. SECT. 2. Section twelve of the same chapter is hereby amended so as to read as follows: СНАР. 99. Election of road commissioners 'Sect. 12. Unless towns at their annual meeting choose road commissioners or appoint the municipal officers surveyors of high and appointment ways, said officers shall appoint surveyors of highways, whose of highway surveyors. Vacancies, how filled. R. S., chap. 18, sect. 40, amended. Municipal officers when surveyors delegate their powers. term of office shall commence on the first day of May and end with the last day of April in each year; and if from any cause the town fails or neglects to choose, at the annual meeting, any of such officers as are not required to be chosen by ballot, or if after such officers are chosen there is from any cause a vacancy in any such office, the municipal officers may fill such offices and vacancies by the written appointment of proper persons, who shall be summoned by the constable and required to appear and take the oath of office as is provided in section fifteen, subject to the penalties provided in section sixteen; such appointment and oath shall be recorded as in case of a choice by the town.' SECT. 3. Section forty of chapter eighteen of the revised statutes, is hereby amended by striking out the word "April" in the fourth line of said section, and inserting instead thereof the word 'May,' so that said section as amended shall read as follows: 'Sect. 40. When the municipal officers are appointed surveyors of highways, may of highways by a town, they may in writing delegate their power or part of it to others; they shall annually before the tenth day of May, make a written assignment of his division and limits to each surveyor of highways, to be observed by him.' SECT. 4. This act shall take effect when approved. Approved February 28, 1870. R. S., chap. 51, sect. 48, relating to railroad cross ings, amended. Chapter 99. An act to amend chapter fifty-one, section forty-eight of the revised statutes, relating to railroads. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section forty-eight of chapter fifty-one of the revised statutes is hereby amended by striking out the words "five hundred" and inserting the words, 'one hundred and fifty;' and it is further amended by adding after the words, "eight miles an hour," the following except when from the condition of the track, or train, it shall be necessary to run at a greater rate of speed, in which case it shall be the duty of the conductor, or person in charge of the train, to cause some man to stand at said crossing, with a flag by day and a lantern by night, to warn any approaching train upon the other road,' so that the section as amended shall read as follows: |