assignment shall be allowed for creditors to become parties CHAP. 124.

thereto.'

SECT. 3. The fifth section of the same chapter, is amended, so R. S., chap. 70, as to read as follows:

sect. 5, relating to proceedings necessary to ren

ment valid.

Sect. 5. No such assignment shall be valid against attaching der the assigncreditors, unless sworn to and notice given as aforesaid, nor unless such bond is filed and approved by the judge of probate within ten days after the execution of the assignment.' SECT. 4. This act shall take effect when approved.

Approved March 10, 1870.

Chapter 124.

An act concerning the rate of interest.

Be it enacted by the Senate and House of Representatives in Legis

lature assembled, as follows:

SECT. 1. In the absence of any agreement in writing the legal Rate of interest. rate of interest shall be six per cent. per annum.

SECT. 2. All acts and parts of acts inconsistent herewith are Inconsistent acts

hereby repealed.

SECT. 3. This act shall take effect when approved.

Approved March 11, 1870

repealed.

Chapter 125.

An act additional to chapter thirty-three of the public laws of eighteen hundred and fifty-eight, relating to the sale of intoxicating liquors.

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

SECT. 1. Only one person shall be required to make, sign, and swear to a complaint for a warrant of search and seizure, instead of three as now provided in section fourteen of chapter thirtythree of the public laws of eighteen hundred and fifty-eight. SECT. 2. In all cases where now by any of the provisions of said chapter or any acts additional thereto or amendatory thereof an officer is authorized to seize intoxicating liquors or the vessels containing them, by virtue of a warrant therefor, he may seize the same without a warrant, and keep them in some safe place for a reasonable time until he can procure such warrant.

CHAP. 125.

Liquors decreed forfeited, to be destroyed.

Penalty for muni

cipal officers neg

proceedings, after

being furnished

with written

SECT. 3. The court or magistrate trying any case of intoxicating liquors seized under said chapter or acts additional thereto or amendatory thereof, shall, when such liquors are decreed to be forfeited, order them to be destroyed in all cases by any officer competent to serve the process on which they were so forfeited, and he shall make return accordingly to such court or magistrate. SECT. 4. If any municipal officer of any city, town or plantalecting to institute tion, after being furnished with a written notice of a violation of any provisions of said chapter or acts additional thereto or amendnotice of a viola- atory thereof, signed by two persons competent to be witnesses in civil suits, and containing the names and residences of the witnesses to prove such offence, wilfully neglects or refuses to institute proceedings therefor, he shall be liable to a fine of not less than twenty nor more than fifty dollars to be recovered by Oath of the muni- indictment. The oath required of any such officer to the complaint may be in substance, that from a written notice signed by two persons competent to be witnesses in civil suits he believes the complaint by him signed to be true.

tion of the laws

against the sale of intoxicating liquors.

cipal officer to the complaint.

Persons to be sentenced at the

term convicted,

unless the case is

continued by the

court.

Not to be con

tinued more than one term.

Public laws 1862,

SECT. 5. When a person has been found guilty, in the supreme judicial court, for a violation of any of the provisions of said chapter and acts additional thereto or amendatory thereof, the county attorney shall have him sentenced at the same term, unless for reasons satisfactory to the court the case may be continued for sentence one term, but no longer.

SECT 6. Section three of chapter one hundred and thirty of the chap. 130, sect. 3, public laws of eighteen hundred and sixty-two, is amended, so as to read as follows:

amended.

Penalty for muni

chasing liquors of unauthorized

persons.

--or for selling the same.

ating the same.

'Sect. 3. If any municipal officer or officers shall purchase any cipal oficers pur intoxicating liquors to be sold according to the provision of the laws of this state, of any other person or persons except those specified in the second section of this act, or if he or they or any person or persons in his or their employ, or by his or their direction, shall sell or offer for sale any such liquors that have been decreed to be forfeited under chapter thirty-three of the public laws of eighteen hundred and fifty-eight, or any acts additional -or for adulter- thereto or amendatory thereof, or shall adulterate or cause to be adulterated any intoxicating, spiritous, or malt liquors which he or they may keep for sale under this act, by mixing with the same any coloring matter, or any drug or ingredient whatever, or shall mix the same with other liquors of a different kind or quality, or with water, or shall sell or expose for sale such liquor so adulterated, knowing it to be such, he or they shall forfeit for such -how recovered. Offence to the town, city, or plantation to which he or they may belong, and for the use of said city, town or plantation, a sum not less than twenty nor more than one hundred dollars, to be recovered by indictment.'

SECT. 7. All acts and parts of acts inconsistent with this act CHAP. 126. are repealed; and nothing herein, except section five, shall effect Inconsistent acts any cases pending or offences already committed, or acts already done.

repealed.

Section 5 to apply

to cases now pending.

Approved March 11, 1870.

Chapter 126.

An act to amend section seventeen of chapter sixty-five of the revised statutes relating to the distribution of personal estate.

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

SECT. 1. Section seventeen of chapter sixty-five of the revised statutes, is amended, by adding after the word "one," in the tenth line of said section, the following: 'where no distribution of the estate has been made; and the parties in interest reside out of the state, and no actual notice has been given of such settlement, the judge of the court wherein such settlement was made, may, on petition of any such party, order a new account of his doings to be presented to said court by the executor or administrator at any time within six years after such settlement is made;' so that the section, as amended, shall read as follows:

'Sect. 17. When on the settlement of any account of an administrator or executor there appears to remain in his hands any property not necessary for the payment of debts and expenses of administration not specifically bequeathed, the judge shall order the same to be distributed according to the will of the deceased, if any, so far as it directs, otherwise according to the provisions of chapter seventy-five; but no such order determining who are heirs and the share of each shall be passed until notice is given as provided in section five, chapter seventy-one; and where no distribution of the estate has been made and the parties in interest reside out of the state, and no actual notice of such settlement has been given them of such settlement, the judge of the court wherein such settlement was made, may, on the petition of any such party, order a new account of his doings to be presented to said court at any time within six years after such settlement; and alienage shall be no bar to any person who in other respects is entitled to receive the same.'

SECT. 2. This act shall take effect when approved.

Approved March 11, 1870.

98

CHAP. 127.

R. S. chap. 143,

sect. 20, relating

insane at the hospital, amended.

INSANE PERSONS.-SURVIVAL OF ACTIONS.-REGISTRY, AROOSTOOK CO.

Chapter 127.

An act to amend section twenty, chapter one hundred forty-three of the revised statutes, relating to expense of supporting the insane at the hospital.

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

Section twenty of chapter one hundred forty-three of the revised to support of the statutes, is hereby amended, by adding to said section the following words but the time during which the insane person is so supported shall not be included in the period of residence necessary to change his settlement.'

Approved March 11, 1870.

R. S., chap. 87, sect. 10, relating to the survival of actions, amended.

Chapter 128.

An act to amend section ten of chapter eighty-seven of the revised statutes, relating to survival of actions.

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

SECT. 1. Section ten of chapter eighty-seven of the revised statutes, is amended, to read as follows:

'Sect. 10. When either of several plaintiffs or defendants in an action that survives, dies, the death may be suggested on the record, and the executor or administrator of the deceased may appear, or be cited to appear, as provided in section seven; and the action may be further prosecuted or defended by the survivors, and such executor or administrator, jointly or by either of them; and judgment may be entered against the survivors, and also against the goods and estate of the deceased in the hands of such executor or administrator, and a joint execution issued. SECT. 2. This act shall take effect when approved.

Approved March 11, 1870.

R. S., chap. 7, sect. 9, relating to northern registry district, Aroostook co., amended.

Chapter 129.

An act to amend section nine of chapter seven of the revised statutes, relating to changing the registry district of Aroostook county.

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

SECT. 1. Section nine of the seventh chapter of the revised statutes, shall be and hereby is so far altered and amended, as to read as follows:

'Sect. 9. All that part of the county of Aroostook lying north of a line commencing in the south-east corner of township F, in the first range, west from the east line of the state; thence west on the south line of said township and the south line of township K, in the second range, to township numbered fifteen in the third range; thence south to the northeast corner of township numbered thirteen in the third range; thence west on the dividing line of townships thirteen and fourteen, to the seventh range line; thence north to the northeast corner of township numbered thirteen in the eighth range; thence west to the west line of the state, shall compose the northern registry district of Aroostook county, and the register shall keep his office in the town of Madawaska, in said district.'

SECT. 2. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

SECT. 3. This act shall take effect when approved.

Approved March 12, 1870.

CHAP. 130.

Limits of northern

registry of deeds

in Aroostook co.

Chapter 130.

An act to amend sections one hundred and forty-five and one hundred and fifty-seven of chapter six of the revised statutes, relating to land sold for taxes.

Be it enacted by the Senate and House of Representatives in Legis

lature assembled, as follows:

SECT. 1. Section one hundred and forty-five of the revised R. S., chap. 6, statutes, is hereby amended, so as to read as follows:

'Sect. 145. In any trial involving the validity of any such sale, it shall be sufficient for the party claiming under it to produce the treasurer's deed, duly executed and recorded, the assessments signed by the assessors, their warrants to the collector, and to show that the taxes were advertised according to law; but no person shall be entitled to commence, maintain or defend any action or suit in law or equity, on any ground involving the validity of any such sale, until the amount of all the taxes, charges and interest, as aforesaid and all costs of suit shall have been paid or tendered by the party desiring to contest the validity of such sale, or by some person under whom he claims.'

SECT. 2. Section one hundred and fifty-seven of chapter six of the revised statutes, is hereby amended, so as to read as follows: Sect. 157. In any trial at law or equity involving the validity of any such sale of real estate for non-payment of taxes, it shall be sufficient for the party claiming under it to produce in evidence the collector's deed duly executed and recorded, the assessments

sect. 145, relating to actions involving the validity

of sale of real non-payment of

estate sold for

taxes, amended.

R. S., chap. 6,

sect. 157, relating

to the establish

ment of title to

real estate sold for

non-payment of

taxes, amended.