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50 as to render it incapable of taking fish between the twenty- CHAP. 93 fifth day of June and the fifteenth day of August of each year, but these conditions apply only to weirs that exceed the aforesaid limit of depth. The standard for low water mark on the Keu- for low nebec river is in all cases the nearest bench mark of the Uniter in KenneStates coast survey, allowance being made at the various points näct does for the difference in time. The provisions of this and the pre- hot analy ceding sections do not apply to weirs built on the sea shores.'


to seashore fish weira.

Approved March 16, 1899.

Chapter 93.
An Act to amend Section two of Chapter two hundred and ninety-four of the
Public Laws of eighteen hundred and eighty-uine, fixing the salary of the
County Commissioners of Kennebec County.

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

Section 1. Section two of chapter two hundred and ninety- Section 2, four of the public laws of eighteen hundred and eighty-nine, is public laws hereby amended, by striking out the word "eighty" in the second amended. line thereof, and inserting in place thereof the word 'ninety;' also by striking out in the fourth and fifth lines the words, "two dollars and twenty-five cents” and inserting in place thereof the words, 'two dollars and fifty cents,' so that said section, as amended, shall read as follows: 'Section 2. From and after the first day of January, in the

Salary of year of our Lord one thousand eight hundred and ninety-nine, county

missioners, the salary of each of the county commissioners for the county of Kennebec Kennebec, shall be two dollars and fifty cents per day, instead fixed. of the sum now fixed by law, while actually employed in the service of the county, including the time spent in traveling, for which he shall have ten cents a mile for the distance actually traveled. Section 2. This act shall take effect when approved.

Approved March 16, 1899.

CHAP. 94

Section is, chapter.60, R. S. amended.

Chapter 94.
AllAct relating to the care, custody and support of the Minor Children of

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

Section seventeen of chapter sixty of the revised statutes is hereby amended by inserting after the word "divorce" in the first line of said section the words 'or any justice thereof in vacation,' so said section, as amended, shall read as follows:

‘Section 17. The court making a decree of nullity or of divorce, or any justice thereof in vacation, may also decree concerning the care, custody and support of the minor children of the parties and with which parent any of them shall live, alter its decree from time to time as circumstances require, and in execution of the powers given it in this chapter may employ any compulsory process which it deems proper, by execution, attachment or other effectual form.'

Disposal of minor children.

Approved March 16, 1899.

Chapter 95.

An Act to amend Section forty-eight of Chapter one hundred and four of the

Revised Statutes, relating to petitions to remove clouds from tllle to real estate, and to authorize Justices of the Supreme Judicial Court to order notice on such petitions in vacation.

Section 48, chapter 104, R. S., amended.

Notice to supposed claimant.

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

Section forty-eight of chapter one hundred and four of the revised statutes is hereby amended by inserting after the word "court," in the first line of said section, the words 'or any justice thereof in vacation, so said section, as amended, shall read as follows:

‘Section 48. Upon such petition the court, or any justice thereof in vacation, shall order notice to the supposed claimants, returnable at a court to be held in the county where the property, or some portion of it lies, and if, upon return of the order of notice duly executed, they make default, or, having appeared, disobey the order of the court to bring an action and try their title, the court shall enter a decree that they be forever debarred and estopped from having or claiming any right or title, adverse to the petitioner, in the premises described. If the petitioner prefers, the petition may be inserted like a declaration in a writ, and served by copy like a writ of original summons. If the

-if claimant is de faulted or disobeys order of court to try title, decree to be entered against him.

-how petition may be served.

96 persons so summoned appear and disclaim all right and title CHAP. adverse to the petitioner, they recover their costs. If they claim -if persons title, they shall by answer show cause why they should not be disclaim

title, they required to bring an action and try such title; and the court recover shall make such decree respecting the bringing and prosecuting claimant

must show of such action as seems equitable and just.'

cause why he should

not bring Approved March 16, 1899.

try title.

action to

Business of

Chapter 96.
An Act to prevent Incompetent Persons from conducting the business of an

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

Section 1. From and after the passage of this act it shall not be lawful for any person within the limits of this state to con- apothe

caries, regduct the business of an apothecary or any part thereof, or dis- ulated. play any drugs, medicine, drug store fittings or furnishings or any sign recognized as peculiar to a drug store to give the appearance of any apothecary store or claim to be or represent himself to be an apothecary, except as hereinafter provided. Section 2. The governor, with the advice and consent of the

Commiscouncil shall appoint three suitable persons to compose the sioners of

pharmacy, board of commissioners of pharmacy. The members of the pres- appoint ent board shall continue to hold their offices during the terms for which they were appointed. At the expiration of their respective terms of office, appointments shall be so made that the term of each commissioner shall expire on the first day of -tenure. December in each succeeding year, and thereafter the appointment to fill vacancies occurring from expiration of terms of vacancies, office shall be three years from the first day of December in each year. The governor by and with the consent of the council may remove said commissioners for cause. occurs in said commission, another shall be appointed as afore

-may be

removed. said to fill the unexpired term thereof. Before entering upon the duties of their office, the commissioners shall be sworn to the faithful and impartial discharge of the same, and a record sworn. shall be made thereof on their commission. Section 3. The members of said board shall meet on the

Meetings. second Wednesday of December in each year at such time and place as they may determine, and shall immediately proceed to organize by electing a president and secretary, who shall be niembers of the board, and who shall hold their respective offices of presia

If a vacancy

-to be

dent and secretary

-bond of treasurer.

CHAP. 96 for the term of one year, shall give to the treasurer of the state

a bond with sufficient sureties, to be approved by the governor and council, for the faithful discharge of the duties of his office. The said board shall hold three regular meetings in each year,

one on the second Wednesday of December, one on the second -regular Wednesday of April and one on the second Wednesday of meetings, when held. August, and such additional meetings at such times and places

as they shall determine.

Section 4. Shall keep

The board shall keep a record of the names of all record of persons ex

persons examined and registered hereunder, and a record of all amined and money re

moneys received and disbursed by said board, a duplicate of ceived.

which records shall always be open to inspection in the office of the secretary of state. Said board shall make to the governor

and council on or before the first day of January in each year a -report. report stating the condition of pharmacy in the state, with a full annually.

and complete record of all its official acts during the year, and the receipts and disbursements of the board. The governor and council are hereby authorized to have published as many copies of said report as may be deemed necessary.

Section 5. Said board shall hear all complaints against any Complaints against registered

person registered as an apothecary for the violation of any of the apothe

requirements of this act to be performed by a registered apothecary. Such complaints shall be made in writing under oath,

shall set out the offense alleged, and shall be made within sixty -notice and hearing. days after the act complained of has been committed. Said

board shall thereupon notify the person complained against of the charge made against him and of the time and place when and where the matter will be heard by them; but notice of hearing shall be given at least fourteen days prior to the same. He may then and there appear before the board with his witnesses and be

heard by counsel. Either member of the board may administer -oaths may be

oaths to the witnesses at such hearings, and any person so sworn administered by

who willfully swears or affirms falsely respecting any matter ber.

l!pon which his testimony is required shall be deemed guilty of perjury. Said board shall have the power to send for persons and compel the attendance of witnesses at said hearings by process duly served.

Section 6. If the full board sitting at such hearing shall Penalty if person com- find that the person complained against is guilty of the acts plained of, is guilty. charged against him, said board may suspend his registration as

a pharmacist and his certificate thereof, for such term as the board in their judgment, after due consideration of the facts, may deem for the best interest of the public, or may revoke it altogether, but the certificate of registration of a registered

caries for violation of this act.

any mem

Shall exam


pharmacist shall not be suspended or revoked for a cause pun

CHAP. 96 ishable by law until after conviction by a court of competent jurisdiction.

Section 7. Every person not now registered, hereafter entering on the business of an apothecary, by the payment of the ine apothfee of ten dollars, to the secretary of said board, except as here- tering busiinafter provided shall be examined by said commissioners, and issue cer

tificate. shall present to them satisfactory evidence that he has been an apprentice, or employed in an apothecary store where physicians' prescriptions are compounded, at least three years; or has graduated from some regularly incorporated medical college or college of pharmacy, and is competent for the business; the commissioners may give him a certificate of that fact and that he is authorized to engage in the business of an apothecary, and such certificate must be signed by at least two commissioners. In case the result of the examination is unsatisfactory, and no

--if applicertificate is granted, the applicant shall have the right to another cant is examination without charge, after an interval of two months, may be and within twelve months after the date of his first examination. amined. Only one of the partners in a firm need be a registered druggist, provided, the partner who compounds medicines be registered. shall be

displayed All certificates issued under the provisions of this act shall be in shop. constantly displayed, in a conspicuous place, in the store or shop of the persons to whom the same were issued.

Section 8. Certificates of two grades or kinds may be issued, Certificate whereof one shall declare that the holder is skilled in pharmacy grades as in section seven of this act, and the other kind which after issued. the examination of the applicants therefor, may be issued to such as shall not be less than eighteen years of age and who have passed the junior year in a college of pharmacy or in a

-applidepartment of pharmacy in any incorporated college, or served cant must two full years in an apothecary store where physicians' prescrip- than 18 tions are compounded, shall declare that the holder is a qualified age. assistant and is qualified to take charge of the business of an apothecary during the temporary absence of the registered apothecary, and the fee for such assistant's examination shall be five dollars.

Section 9. Every registered apothecary or qualified assistant Shall pay who desires to continue the business of an apothecary shall registraannually thereafter, during the time he shall continue such business on such date as said board may determine, pay to the secretary of said board a registration fee to be fixed by said board, but which shall in no case exceed, if a registered apothecary, one dollar, if a qualified assistant, fifty cents for which he shall receive a renewal of said registration; and he shall not

may be

not be less

years of

tion fee.

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