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estate is solvent, shall have the use for life of one-third of her real CHAP. 113. estate, to be recovered and assigned in the manner and with the rights of dower, and shall have the same right to waive any pro-. vision made for him in her will, that a widow has with regard to her husband's will. When a husband or wife dies intestate, leaving no issue, and the estate is solvent, the survivor shall have the use for life of one-half of the real estate of the deceased, to be recovered and assigned in the manner and with the rights of dower.' SECT. 22. Chapter one hundred and fifteen of the revised statutes is amended in the third section, so that registers of probate shall be required to furnish without compensation one copy of each will proved, but not of other documents.

SECT. 23. Chapter nine of the public laws of eighteen hundred and sixty-nine is amended by adding at the end thereof the following words and within two years after notice is given by the executor or administrator of his appointment.' Nothing in this section shall effect pending actions.

SECT. 24. The second section of chapter one hundred and ten of the public laws of eighteen hundred and sixty-two, is hereby repealed.

SECT. 25. Chapter two hundred and twelve of the public laws of eighteen hundred and sixty-three, is amended, by inserting at the end of the second section, and such executor or administrator may assign the mortgage and debt, and the purchaser shall have the same rights and liabilities as the purchaser of personal property sold under license of the probate court.'

SECT. 26. The first section of chapter seventy-five of the revised statutes, is amended, by striking out the sixth specification, and inserting the following: Sixth, When a minor dies unmarried, leaving property inherited from either of his parents, it descends to the other children of the same parent, and the issue of those deceased; in equal shares if all are of the same degree of kindred, otherwise according to the right of representation.' SECT. 27. This act shall take effect when approved.

Approved March 7, 1870.

R. S., chap. 115, sect. 3, relating to

fees of register for

copies, amended.

Public laws 1869, to limitation of executors and amended.

chap. 9, relating

actions against

administrators,

Public laws 1862, pealed.

chap. 110, re

Public laws 1863, relating to sale of by executor or administrator in

chap. 212, sect. 2,

real estate held

mortgage,
amended.

R. S., chap. 75, to rules of descent

sect. 1, relating

of real estate,

amended.

12

86

CHAP. 114.

R. S., chap. 94, amended.

Declaration in

FORCIBLE ENTRY AND DETAINER-ILLEGAL VOTING.-SALE OF MILK.

Chapter 114.

An act to amend chapter ninety-four of the revised statutes, concerning forcible entry and detainer.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Instead of commencing the process of forcible entry and detainer by complaint and warrant, it shall hereafter be commenced by intry and detainer. serting the substance of the complaint as a declaration in a writ of attachment which shall be served like other writs.

case of forcible en

Approved March 9, 1870.

R. S., chap. 4,

to penalty for

Chapter 115.

An act to amend section sixty-five, chapter four of the revised statutes, relating to penalty for illegal voting.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. Section sixty-five of chapter four of the revised statgect. 65, relating utes, is hereby amended, by inserting after the word "county" the words or municipal,' so that the section, as amended, shall read as follows:

illegal voting,

amended.

'Sect. 65. If a person at an election of state and county or municipal officers, or of electors of president and vice president, knowingly votes in any city, town or plantation where he has no legal right to vote, he shall be punished by imprisonment in the county jail not less than three months nor more than one year.' SECT. 2. This act shall take effect when approved.

Approved March 9, 1870.

Public laws 1869,

amended.

Chapter 116.

An act to amend section one of chapter twenty-five of the public laws of one thousand eight hundred and sixty-nine, relative to the sale of milk.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section one, chapter twenty-five of the public laws of eighteen chap. 25, sect. 1, hundred and sixty-nine, is hereby amended, by striking out the word "may" after the word "towns" in the second line of said section, and inserting the words 'shall, upon the application of ten legal voters in such city or town,' so that said section when amended shall read as follows:

inspectors of milk

made imperative,

upon the applica

tion of ten legal

voters.

'SECT. 1. The mayor and aldermen of cities and selectmen of CHAP. 117. towns shall, upon the application of ten legal voters in such city Appointment of or town, annually appoint one or more persons to be inspectors of milk, provided such city or town contains not less than three thousand inhabitants, who shall, before entering upon the discharge of the duties of their office, be sworn. Each inspector shall give notice of his appointment by publishing the same two weeks in a newspaper published in his city or town, or if no newspaper is published therein, by posting up such notice in two or more public places in said town.'

Approved March 9, 1870.

Chapter 117.

An act to amend chapter one hundred and one of the laws of eighteen hundred and fifty-nine, relating to drainage.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. Any person, persons or corporation, having the ownership, possession or right to drain any lands, swamps, meadows, quarries or mines by virtue of the act entitled "an act relating to drainage," approved April second, eighteen hundred and fiftynine, or by their charter, or other act of the legislature, and having a drain or ditch already constructed for that purpose, shall have the power to improve, deepen and repair from time to time such drain or ditch in such a manner as shall be necessary to make it effective, and shall have the right to remove and use any rock, earth or other material which shall be necessary in making such improvements, and to enter upon the lands through which such drain or ditch passes for that purpose.

SECT. 2. All damages sustained by any person by reason of such improvement, the value of the royalty or stumpage on the rock, and of the other material removed and used, may be recovered against the person, persons or corporation taking said rock, earth or other material, in an action on the case, or upon application to the county commissioners at the election of the party injured; and in case he shall elect the latter, the same proceedings shall be had for the purpose of ascertaining such damage, and to recover the same, as are now provided in estimating damages by a jury in case of laying out public highways. SECT. 3. This act shall take effect when approved. Approved March 10, 1870.

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CHAP. 118.

Public laws 1864, chap. 264, requiring secretary of state to furnish lists of justices

and other officers

amended.

LISTS OF MAGISTRATES.-TREASURERS AND COLLECTORS.-MENHADEN.

Chapter 118.

An act to amend chapter two hundred and sixty-four of the public laws of eighteen hundred and sixty-four, relating to the distribution of lists of magistrates.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. Section one of chapter two hundred and sixty-four, is amended, so as to read as follows:

'Sect. 1. The secretary of state shall, on or before the first day of to clerks of courts, June next, forward to the clerks of courts and registers of probate in the several counties, a list of all justices of the peace, justices of the peace and quorum, trial justices, United States pension agents, and notaries public in this state, whose commissions shall then be in force and the evidence of whose qualifications has been filed in his office. Such list shall contain the name and place of residence of every such officer, the date of his commission and the county or counties for which he is commissioned. And he shall forward to said clerks and registers on the first day of December and of June annually thereafter, a similar list of all such officers commissioned and qualified during each preceding period of six months.' SECT. 2. This act shall take effect when approved.

Approved March 10, 1870,

Office of treasur

Chapter 119.

An act additional to chapter three of the revised statutes, relating to town treasurers and

collectors.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. Treasurers or collectors of towns and plantations havin certain towns ing more than fifteen hundred inhabitants shall not be members of

ers and collectors

incompatible with

assessor.

the boards of selectmen or assessors.

SECT. 2. This act shall take effect when approved but shall not apply to any persons in office when it takes effect.

Approved March 10, 1870.

Penalty for set

ting seine within

three miles of

shore for taking

Chapter 120.

An act to regulate the taking of porgies or menhaden in the waters of Maine. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. No person shall set or use any seine within three miles of the shore in any waters of this state, for the purposes of taking menhaden or porgies, under a penalty of not less than one hundred

nor more than five hundred dollars, and the forfeiture of all vessels, CHAP. 121. boats, craft, and apparatus employed in such unlawful fishing, for menhaden or each offence; but a net of less than one hundred and forty meshes deep, shall not be deemed a seine.

SECT. 2. Any person who shall cast or deposit, or cause to be thrown or deposited into any of the navigable waters of this state, any pumice, scraps or other offal arising from the making of oil, or slivers for bait, from menhaden or herring, shall pay a fine of not less than fifty nor more than one thousand dollars for each offence. SECT. 3. All penalties and forfeitures named in this act, may be recovered by indictment or action of debt in the name and to the use of the county in which the offence was committed; and there shall be a lien on all boats, vessels, crafts, and apparatus of any kind found in the possession of any persons violating any of the provisions of this act, whether owned by them or not; and they may be attached in such action, and held to respond to the judgment for the penalties, forfeitures and costs in this act, as in other cases, and any trial justice on complaint, may cause the arrest of the accused, and seizure of the property alleged to be forfeited, and detain the same until a trial may be had in the proper courts; and in case of conviction, the said property shall be decreed forfeited to the uses aforesaid, to be sold in the manner as goods taken on execution, and (except on the offence specified in section one of this chapter) the balance, after deducting fines and costs, shall be paid to the persons legally entitled to receive it.

porgies.

Penalty for throw

ing fish offal into

navigable waters.

How the penalties

are to be recov

ered.

SECT. 4. Chapter thirty-six of the public laws of eighteen hun- Public laws 1869, dred and sixty-nine, is hereby repealed.

SECT. 5. This act shall take effect when approved..

Approved March 10, 1870.

chap. 36, repealed.

Chapter 121.

An act to provide for the organization of plantations.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

County commis

sioners to return

to secretary of

state every five years a description of townships containing more than two hundred

SECT. 1. The county commissioners of the counties containing unincorporated townships, shall at the expiration of every period of five years from March, in the year of our Lord one thousand eight hundred and sixty-one, determine from the United States census when taken the preceding year, and by actual enumeration and fifty inhabiwhen not so taken, what townships have not less than two hundred and fifty inhabitants, and make a suitable description and

tants.

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