Engineer to stop ceed slow when engine and pro crossing the track of another railroad. 'SECT. 48. When a railroad crosses another railroad on the same CHAP. 100. grade, every engineman on both, when approaching the point of intersection with an engine, with or without a train, shall stop his engine within one hundred and fifty feet of such point, and before reaching it, and shall not pass it at a rate exceeding eight miles an hour, except when from the condition of the track or train it Exception. shall be necessary to run at a greater rate of speed, in which case it shall be the duty of the conductor or persons 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; and when two or more crossings on the same road are within four hundred feet of each other, one stop will be sufficient; and if he violates this provision, he shall forfeit for each offence one hundred dollars; and the corporation on whose road the offence is committed shall forfeit two hundred dollars.' Approved February 28, 1870. Chapter 100. An act in relation to the supreme judicial court and to pay certain expenses of the justices thereof. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: sect. 14, relating justices necessary cases in the law to number of to determine court, amended. SECT. 1. The fourteenth section of the seventy-seventh chapter R. S., chap. 77, of the revised statutes, is hereby amended, by adding to the end thereof the following provisions: 'But when any of the justices do not sit in a case on account of interest, relationship or other disqualifying cause, the concurrence of a majority of the remaining members of the court shall be sufficient to determine such case; and in any civil action in which there is a subsisting verdict of a jury, if a majority of the justices qualified to sit in the case, after mature consideration and consultation, do not concur in granting a new trial, it shall be the duty of the court to order judgment on the verdict.' SECT. 2. The amount actually paid by the justices of the supreme judicial court for their board and necessary travelling expenses, not exceeding three hundred dollars each per year, when abscht from home in the discharge of their official duties, shall be repaid to them by the state; and any justice may file his account of expenses thus incurred with the secretary of state, and the governor and council shall audit the same, and draw their warrant for the amount thereof incurred within one year prior to the time when the account is thus filed. SECT. 3. This act shall take effect when approved. Approved February 28, 1870. Necessary exwhen absent discharge of offirefunded by the penses of justices from home in the cial dutes, to be state. CHAP. 101. R. S.. chap. 82, sect. 21, amended. Offer to be defaulted and its effect. Chapter 101. An act to amend section twenty-one of chapter eighty-two of the revised statutes, relating to offers to be defaulted. Be it enacted by the Senate and House of Representatives in Legistature assembled, as follows: Section twenty-one of chapter eighty-two of the revised statutes, is hereby amended, by striking out the word "an," in the first line, and inserting instead thereof the words 'any personal;' and also by striking out the words "founded on judgment on contract," so that said section, as amended, shall read as follows: 'SECT. 21. In any personal action the defendant may in writing entered of record with its date, offer to be defaulted for a specified sum. If not accepted within such time as the court orders, it shall not be offered in evidence, or have any effect upon the rights of the parties, or the judgment to be rendered except the costs. If the plaintiff fails to recover a sum as due at the time of the offer greater than the sum offered, he recovers for costs such only as accrued before the offer, and the defendant recovers costs accrued since that time; and his judgment for costs may be set off against the plaintiff's judgment for debt and costs.' Approved February 28, 1870. Terms of the county. Chapter 102. An act amendatory of "an act establishing the times of holding the several terms of the supreme judicial court in the county of Hancock," approved February twentyeight, eighteen hundred and sixty-seven. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. The supreme judicial court shall be held on the second supreme judicial Tuesdays of April and October in each year, at Ellsworth, within and for the county of Hancock, instead of the fourth Tuesdays of said months, as is now provided by law. And all writs, processes and proceedings returnable on said fourth Tuesdays of April and October shall be entered and have day on the second Tuesdays of said months. SECT. 2. This act shall effect when approved. Approved February 28, 1870. Chapter 103. An act to establish the fees of the county commissioners of Washington county. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. From and after the first day of January, in the year of our Lord one thousand eight hundred and seventy, the fees of each county commissioner of Washington county shall be three dollars per day while actually employed in the service of the county, including the time necessarily spent in making drafts, or other labor, instead of the sum now fixed by law for said fees. SECT. 2. This act shall take effect when approved. Approved February 28, 1870. CHAP. 103. Fees of the county commissioners of Washington county. Chapter 104. An act to amend chapter forty of the revised statutes, relating to herring boxes. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Chapter forty of the revised statutes is amended by striking out R. S., chap. 40, the ninth section thereof and inserting the following instead: 'SECT. 9. All boxes for packing smoked herring shall be made of sound boards, sawed and seasoned; the top, bottom and sides of boards not less than three-eighths of an inch thick, and the ends, of boards three-fourths of an inch thick, securely nailed, and sixteen inches in length, eight inches in breadth and five inches in depth, by outside measurement; provided, that any change in the dimensions above named shall not operate to reduce their capacity, which shall not be less than four hundred and sixty-four cubic inches in the clear for each box; and each box shall be filled with the same kind and quality of fish; and if the box contains "Magdalen" herring, that word shall be abridged if considered convenient; and no such fish shall be considered merchantable unless salted and smoked sufficiently to cure and preserve them, which shall then be closely packed, in boxes, in clear dry weather. Approved March 1, 1870. amended. Prescribing the materials of dimensions and herring boxes. CHAP. 105. R. S., chap. 11, Towns to choose superintending or supervisor of schools. Chapter 105. An act to amend section eight of chapter eleven of the revised statutes, relating to supervision of schools. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section eight of chapter eleven of the revised statutes, is hereby amended, by adding the following words, namely: 'or shall in the same manner choose a supervisor of schools, who shall have the power and perform the duties which are now or may hereafter be required of the committee aforesaid; and his election shall terminate the office of any and all existing members thereof.' So that said section shall read as follows: 'Sect. 8. Every town shall choose by ballot at its annual meetschool committee, ing, a superintending school committee of three, unless already done, to hold office as provided in section forty-seven, and shall fill vacancies arising therein at each subsequent annual meeting, except as provided in the two following sections, or shall, in the same manner, choose a supervisor of schools, who shall have the power and perform the duties which are now or may hereafter be required of the committee aforesaid; and his election shall terminate the office of any and all existing members of such committee.' SECT. 2. This act shall take effect when approved. Approved March 1, 1870. Public laws 1856, chap. 224, relat Chapter 106. An act to amend chapter two hundred and twenty-four of the laws of eighteen hundred and fifty-six, relating to the charter of the State Agricultural Society. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. All of chapter two hundred and twenty-four of the ing to State Agri- laws of eighteen hundred and fifty-six, except the first section, together with all acts and parts of acts not consistent with this act, are hereby repealed. cultural Society, amended. Officers to be elected. May hold real and personal property. SECT. 2. At each annual meeting of said society, the time and place of holding the same being designated by the trustees, it shall elect, by ballot, a president, secretary, treasurer, trustees, and other necessary officers. SECT. 3. Said society may take and hold property, real and personal, the annual income of which shall not exceed ten thousand dollars, to be applied exclusively to the advancement of agriTreasurer to give culture, horticulture and the arts connected therewith; and the treasurer of said society shall give suitable bonds to the board of bond. CUMBERLAND COUNTY OFFICERS.-WALDO AND PENOB. AG. SOCIETY. 79 trustees for the safe keeping of said property and for the faithful CHAP 107. discharge of his duties. report annually. SECT. 4. The treasurer, at each annual meeting, shall submit a Treasurer to full and correct statement of the expenditures, stating the amount of money received and paid out, together with the sources from which received, and to whom and for what purposes paid out. Secretary to SECT. 5. The secretary is hereby required to make a report at the annual meeting, giving a statement of the doings of the society, report annually. with such information and suggestions as may be deemed useful to the public. SECT. 6. This act shall take effect when approved. Approved March 1, 1870. Chapter 107. An act to establish the salaries of certain county officers in the county of Cumberland. Be it enacted by the Senate and House of Representatives in Legis-. lature assembled, as follows: Salary of judge berand county. register of of probate, Cum probate. SECT. 1. The salary of the judge of probate for the county of Cumberland, is hereby established at twelve hundred dollars per annum, the salary of the register of probate at fifteen hundred dollars per annum, and the salary of the chairman of the county commissioners at six hundred dollars per annum, payable quar--chairman of terly as heretofore, commencing on the first day of April, in the county commisyear of our Lord one thousand eight hundred and seventy, instead of the salaries now provided by law. The salaries established by this act, shall be in full for all official services. SECT. 2. This act shall take effect when approved. sioners. Chapter 108. An act allowing an annual stipend to the Waldo and Penobscot Agricultural Society. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Annual stipend to be paid Waldo and Penobscot Agricultural SECT. 1. The treasurer of the state is hereby authorized and directed to pay to the treasurer of the Waldo and Penobscot Agricultural Society a sum equal to the sum raised by said society Society. the year preceding the application; provided the same does not Proviso. exceed one hundred and thirty dollars, and the same sum shall be paid annual hereafter when said society shall have made the |