CHAP. 43 sum not exceeding five hundred dollars, to be expended by the for propagation and protection of fish. Inconsis tent acts, and rules and regulations, repealed. -repeal does not extend to laws relating to sea and shore fisheries. municipal officers thereof or by a commissioner elected by the cities, towns or plantations, for the propagation and protection of fish in public waters located wholly or partially within their respective limits. A report of the expenditures thereof shall be made at the next annual meeting by the officer or officers authorized to expend such appropriation.' Section 2. All acts and parts of acts, whether so called public, or private and special, which are inconsistent with the provisions of this act, and all acts and parts of acts, whether public, or private and special, relating to inland fish and game, and which are not incorporated in this act, and all rules and regulations of the commissioners of inland fisheries and game, are hereby repealed. But this act shall not be construed as repealing any of the laws pertaining to sea and shore fisheries, or any of the laws governing the taking of salmon, shad, herring, alewives, and smelts in any of the tidal waters of the state, or waters flowing directly thereinto. Approved March 8, 1899. Section 65, chapter 70, R. S., as amended by chapter 101, public laws 1891, further amended. Fees shall be established by supreme judicial court. -how paid. Chapter 43. An Act to amend Section sixty-five of Chapter seventy of the Revised Statutes, as amended by chapter one hundred and one of the Public Laws of eighteen hun dred and ninety-one, relating to fees in Insolvency Proceedings. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Section sixty-five of chapter seventy of the revised statutes, as amended by chapter one hundred and one of the public laws of eighteen hundred and ninety-one, is hereby further amended, so that said section sixty-five as amended, shall read as follows: 'Section 65. The fees of all officers, the compensation of assignees, and of judges and registers of probate, under this chapter, shall be established by the supreme judicial court, and shall be paid out of the estates if there are sufficient assets; if there are not sufficient assets for the payment of the fees, costs, and expenses of the insolvency proceedings, the person upon whose petition the warrant is issued shall pay the same, and the court of insolvency, after thirty days' notice in writing, by the court, to him, or his attorney of record, may issue an execution against him to compel payment to the register. Said executions shall be under the seal of the court issuing the same, bear the teste of the judge, be signed by the register, issued in the name CHAP. 44 of the assignee, and shall be for the full amount of all unpaid fees, costs, and expenses, in the proceedings, due the officers, assignee, judge and register, and shall run against the body.' Section 2. This act shall apply to all cases now pending. Approved March 8, 1899. Chapter 44. An Act to amend Chapter eleven of the Public Laws of eighteen hundred and eighty-seven, authorizing cities and towns to accept legacies, devises and bequests, and to raise money. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Section one of chapter eleven of the public laws of eighteen hundred and eighty-seven is hereby amended as follows: by inserting after the word "will" in the fifth line thereof the words or by any individual, that he intends to make a conditional gift;' by striking out the words "conditional gift" in the twelfth and thirteenth lines thereof and inserting the words 'or conditional gift' after the word "bequest" in the thirteenth line thereof; by inserting after the word "bequest" in the fourteenth line thereof the words 'or conditional gift;' by inserting after the word "testator" in the sixteenth line thereof the words 'or by said individual;' by inserting after the word "trustees" in the eighteenth line thereof the words 'or individual;' so that said. section, as amended, shall read as follows: 'Section 1. Whenever the municipal officers of any city or town are notified in writing by the executors of any will, or by the trustees created by virtue of the terms thereof, that a devise or bequest has been made upon conditions by the testator of said will or by any individual, that he intends to make a conditional gift, in behalf of said city or town the municipal officers of said city or town, shall, within sixty days after said notice to them, call a legal meeting of the inhabitants of said city or town qualified to vote upon city or town affairs. Said municipal officers shall give public notice in their warrants, of the objects of said meeting, and such other notice as said municipal officers shall deem proper. At such meeting, the said inhabitants shall vote upon the acceptance of said devise or bequest or conditional gift, and if a majority of the legal voters present, then and there vote to accept said devise or bequest or conditional gift, in accordance with the terms contained in said Section 2, chapter 11, public laws amended. 1887, CHAP. 44 will, and upon the conditions made by the testator or by said individual, said municipal officers of said city or town, shall forthwith notify said executors or trustees, or individual, in writing, of said acceptance by said city or town aforesaid, or the non-acceptance thereof.' Section 2. Section two of chapter eleven of the public laws of eighteen hundred and eighty-seven is hereby amended as follows: by inserting after the word "trustees" in the first line. thereof the words 'or said individual;' by inserting after the word "bequest" in the third line thereof the words 'or conditional gift;' by inserting after the word "bequest" in the fifth line thereof the words 'or conditional gift;' by inserting after the word "will" in the fifth line thereof the words 'or the terms of said conditional gift;' by inserting after the word "will" in the eighth line thereof the words 'or said conditional gift;' by inserting after the word "bequest" in the ninth line thereof the words or conditional gift;' by striking out the word "gift" in the tenth line thereof, and by inserting, after the word "bequest" in the tenth line thereof, the words 'or conditional gift;' by inserting, after the word "will" in the thirteenth line thereof, the words 'or said conditional gift;' by striking out the word "gift" in the thirteenth line thereof, and inserting the words 'or conditional gift' after the word "bequest" in the fourteenth line thereof; by striking out the word "gifts" in the fifteenth line thereof and inserting the words 'and gifts' after the word "bequests" in the fifteenth line thereof; by striking out the word "given" in the sixteenth line thereof; by striking out the word "and" the third word in the sixteenth line thereof; and by inserting the words 'or given' after the word "bequeathed" in the sixteenth line thereof; so that said section, as amended, shall read as follows: Cities and towns may raise money to carry into effect, terms of will. 'Section 2. Whenever the executors or trustees or said individual, under any will have fully discharged their duties respecting the payment, delivery or otherwise of any devise or bequest, or conditional gift, to said city or town; and said city or town have accepted said devise and bequest or conditional gift in accordance with the conditions of said will or the terms of said conditional gift as set forth in section one of this chapter, then said city or town shall perpetually comply, and strictly maintain and keep all the conditions and terms contained in said will or said conditional gift by virtue of which said devise or bequest or conditional gift was so made, and any city or town so accepting said devise or bequest, or conditional gift and receiving the same, or enjoying the benefits therefrom, is hereby authorized to raise money to carry into effect the requirements and terms act shall gifts, etc., apply to of said will or said conditional gift by virtue of which said CHAP. 45 devise or bequest or conditional gift was so accepted and received. The provisions of this chapter shall apply only to devises and bequests and gifts, devised and bequeathed or given to cities and towns, for educational, benevolent and charitable purposes and objects, or for the care, protection, repair and improvement of cemeteries owned by said cities or towns.' Section 3. This act shall take effect when approved. Approved March 8, 1899. for certain purposes. Chapter 45. An Act relating to the jurisdiction of the Superior Court for the County of Be it enacted by the Senate and House of Representatives in Section 1. Whenever an indictment for murder is found by the grand jury in the superior court for the county of Kennebec, the clerk of said court shall certify and transmit the indictment to the supreme judicial court for said county at the next term thereof, when and where it shall be entered; and said supreme judicial court shåll have cognizance and jurisdiction thereof, and proceedings shall be had thereon in the same manner as if the indictment had been found in that court. Proceedindictment superior nebec ings, when is found in court, Ken county. Section 2. All acts and parts of acts inconsistent herewith, Inconsisare hereby repealed. Section 3. This act shall take effect March thirty-one, eighteen hundred and ninety-nine. tent acts, repealed. When act shall take etrect. Approved March 8, 1899. Chapter 46. An Act to establish a Naval Reserve as a part of the National Guard of the State of Maine. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Naval reserve es Section I. There may be allowed, in addition to the national guard of the state of Maine as provided in section twenty-six, tablished. chapter two hundred and sixty-six of the laws of eighteen hundred and ninety-three, a naval reserve, to consist in time of peace of not more than one battalion, and in time of war, insurrection, invasion, or imminent danger thereof, of a brigade of not more than two battalions. CHAP. 46 Reserve, how raised and organized. Footing in time of peace. Battalion officers and rank. Division officers and rank. -engineer division officers and rank. System of instruction shall be same as in United States navy. -division equivalent to companies of infantry. Pay of officers. -pay of seamen. Rank of officers established. -rank of petty officers. Section 2. The naval reserve shall be a part of the national guard of the state of Maine, and shall be raised and organized in the same manner as the land forces, but it shall not be attached to any organization of land troops unless specially ordered by the commander-in-chief. Section 3. In time of peace the authorized battalion may consist of not more than four divisions and an engineer division. Section 4. To a battalion there shall be one lieutenant-commander, who shall be chief of battalion, one lieutenant, who shall be chief of staff, executive officer and equipment officer, one lieutenant, junior grade, who shall be battalion adjutant, ordnance and navigating officer, one paymaster and an assistant surgeon, each with the relative rank of lieutenant, junior grade. Section 5. To each line division there shall be one lieutenant, who shall be chief of division, one lieutenant, junior grade, one ensign, and not more than fifty-six petty officers and men. To each engineer division there shall be one lieutenant, junior grade, one ensign, and not more than twenty-five petty officers and men. To each division and corps there shall be such petty officers as the commander-in-chief may prescribe. Section 6. The system of administration and instruction of the naval reserve shall conform, as nearly as possible, to that of the navy of the United States. Duty shall be performed afloat when possible. When not otherwise provided for, the government of the naval reserve shall be according to the laws and regulations now or hereafter governing the national guard of the state. The divisions of the naval reserve shall be considered the equivalent of companies of infantry. Section 7. The pay of officers and petty officers mentioned in the preceding sections shall be the same as that of officers and non-commissioned officers of the same relative grade in the land forces of the state. Seamen shall receive the same pay as privates of infantry. Section 8. The rank of officers given in the preceding sections is naval rank, and has the same relation to rank in the land forces of the state as rank in the navy of the United States has to that in the army. The relative rank of petty officers in the naval reserve and non-commissioned officers in the land forces of the state will be as fixed by the commander-in-chief. Seamen correspond to privates of infantry. Section 9. This act shall take effect when approved. Approved March 8, 1899. |