-standard

for low on Kenne

water mark

so 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 Kennebec river is in all cases the nearest bench mark of the United States coast survey, allowance being made at the various points for the difference in time. The provisions of this and the pre- totsaashore ceding sections do not apply to weirs built on the sea shores.' Approved March 16, 1899.

bec.

apply

fish weirs.

Chapter 93.

An Act to amend Section two of Chapter two hundred and ninety-four of the
Public Laws of eighteen hundred and eighty-nine, 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 ninetyfour of the public laws of eighteen hundred and eighty-nine, is hereby amended, by striking out the word "eighty" in the second 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 year of our Lord one thousand eight hundred and ninety-nine, the salary of each of the county commissioners for the county of Kennebec, shall be two dollars and fifty cents per day, instead 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 1.

chapter 60, R. amended.

Disposal of minor children.

Chapter 94.

An Act 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.'

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 tltle to real estate, and to authorize Justices of the Supreme Judicial Court to order notice on such petitions in vacation.

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

CHAP. 96

If they claim

right and title

if persons disclaim

summoned

title, they

persons so summoned appear and disclaim all adverse to the petitioner, they recover their costs. title, they shall by answer show cause why they should not be required to bring an action and try such title; and the court shall make such decree respecting the bringing and prosecuting claimant of such action as seems equitable and just.'

Approved March 16, 1899.

costs.

must show cause why he should not bring action to try title.

Chapter 96.

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

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

Business of apothecaries, reg

Commis

sioners of

pharmacy,

appoint

ment of.

Section I. From and after the passage of this act it shall not be lawful for any person within the limits of this state to conduct 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 council shall appoint three suitable persons to compose the board of commissioners of pharmacy. The members of the present 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. If a vacancy occurs in said commission, another shall be appointed as afore- 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.

how filled.

-may be

-to be

Meetings.

Section 3. The members of said board shall meet on the 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 members of the board, and who shall hold their respective offices of presi

-election

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 Wednesday of April and one on the second Wednesday of August, and such additional meetings at such times and places as they shall determine.

-regular meetings, when held.

Shall keep record of persons examined and money received.

-report. annually.

Complaints against reg

istered apothecaries for violation of this act.

-notice

Section 4. The board shall keep a record of the names of all persons examined and registered hereunder, and a record of all moneys received and disbursed by said board, a duplicate of 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 stating the condition of pharmacy in the state, with a full 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 person registered as an apothecary for the violation of any of the 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 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 to the witnesses at such hearings, and any person so sworn who willfully swears or affirms falsely respecting any matter upon 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.

-oaths may be administered by any member.

Penalty if
person com-
plained of,
is guilty.

Section 6. If the full board sitting at such hearing shall find that the person complained against is guilty of the acts 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

pharmacist shall not be suspended or revoked for a cause punishable 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 fee of ten dollars, to the secretary of said board, except as hereinafter provided shall be examined by said commissioners, and 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 certificate is granted, the applicant shall have the right to another examination without charge, after an interval of two months, and within twelve months after the date of his first examination. Only one of the partners in a firm need be a registered druggist, provided, the partner who compounds medicines be registered. All certificates issued under the provisions of this act shall be 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, whereof one shall declare that the holder is skilled in pharmacy as in section seven of this act, and the other kind which after 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 department of pharmacy in any incorporated college, or served two full years in an apothecary store where physicians' prescriptions are compounded, shall declare that the holder is a qualified 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 who desires to continue the business of an apothecary shall annually 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