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CHAP. 65

Chapter 65.

Section 13, chapter 61, R. Š., as amended by chapter 51, public laws, 1895, furtner amended.

Wills proved in other states or countries, may be allowed in this state.

An Act to amend section thirteen of Chapter sixty-four of the Revised Statutes, as amended by chapter fifty-one of the Public Laws of eighteen hundred and ninety-five, relating to probate of Foreign Wills.

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

Section thirteen of chapter sixty-four of the revised statutes, as amended by chapter fifty-one of the public laws of eighteen hundred and ninety-five, is hereby amended, by striking out in the tenth and eleventh lines the words "the first publication to be three weeks at least before the time so assigned," so that said section, as amended, shall read as follows:

‘Section 13. A will proved and allowed in another state or country, according to the laws thereof, may be allowed and recorded in this state in the manner and for the purposes hereinafter mentioned. A copy of the will and the probate thereof, duly authenticated, shall be produced by the executor, or by any person interested, to the judge of probate in any county in which there is estate, real or personal, on which the will can operate; whereupon the judge shall assign a time and place for hearing, and cause public notice thereof to be given. After such hearing, if the judge considers that the instruments should be allowed in this state as the will of the deceased, he shall order the copy to be filed and recorded.'

-proof, notice, hearing and decree.

Approved March 11, 1899.

Chapter 66.

An Act relating to the jurisdiction of Municipal and Police Courts.

Be it enacted by the Senate and House of Representatives in

Legislature assembled, as follows: Jurisdiction

A municipal or police court shall not have jurisdiction in any of municipal civil matter unless the defendant or a party summoned as trustee and police courts.

resides within the county in which such court is established. -act shall

This act shall not enlarge the jurisdiction of any municipal or jurisdiction. police court under acts heretofore passed for the establishment thereof.

Approved March 11, 1899.

CHAP. 67

Chapter 67.

An Act to limit the rate of interest on Loans on Personal Property.

interest on

shall bear

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

Section 1. All loans hereafter contracted for less than two Rate of hundred dollars, that are secured by mortgage or pledge of per- loans made sonal property, shall be dischargeable by the debtor upon pay- property,

limited. ment or tender of the principal sum actually borrowed, and interest at the rate specified therein, which shall not exceed three per cent per month for a period not exceeding three months, and thereafter not exceeding the rate of fifteen per cent per annum, no renewal thereof to bear a greater rate than fifteen per cent per annum; a sum not exceeding three dollars for the actual expenses of making the loan and in securing the same may be charged and collected. And all loans made in violation of this loans

made in act shall bear interest at the legal rate of interest only; provided

violation, that nothing in this act shall be construed to affect or to repeal only at section three of chapter thirty-five of the revised statutes, or

legal rate. chapter forty-five of the revised statutes.

Section 2. When a loan for less than two hundred dollars is Mortgages secured by mortgage or pledge of personal property the cred- discharged itor shall discharge such mortgage and restore such pledge upon restored, payment or tender to him of the amount due him under this act, ment of and such payment or tender may be made by the debtor or by due. 'any person having an interest in the property pledged or mortgaged.

Section 3. No mortgage of household furniture made to Mortgage secure a loan under the provisions of this act shall be valid hold furniunless it states with substantial accuracy the amount of the loan, yalid, unless the time for which the loan is made, the rate of interest to be amount of

loan, etc. paid and the actual expense of making and securing the loan.

Section 4. Whoever refuses or neglects after a request to Penalty for discharge a mortgage or to restore the property held as a pledge refusing to as provided in section two of this act, shall be liable in an action mortgage of tort by the debtor or by any person having an interest in the pledge. property pledged or mortgaged for all damages resulting to him for any violation of said section two.

Section 5. This act shall not be construed to apply to Act shall licensed pawnbrokers nor to repeal or affect section thirty-one of to pawn chapter forty-seven in relation to banking or chapter forty-five of the revised statutes.

Section 6. This act shall take effect when approved.

upon pay

amount

brokers.

Approved March 11, 1899.

CHAL. 68

Chapter 68.

An Act in relation to enforcing the liability of shareholders in Trust and Banking

Companies.

Responsibility of shareholders in trust and banking companies.

When capital stock becomes impaired, bank examiner may ask supreme judicial court to order an assessment.

-if shareholder neglects or refuses to pay, his shares may be sold.

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

Section 1. The shareholders in a trust and banking company shall be individually responsible, equally and ratably, and not one for the other, for all contracts, debts and engagements of such corporation, to a sum equal to the amount of the par value of the shares owned by each in addition to the amount invested in said shares.

Section 2. When the capital stock of such a company shall become impaired by losses or otherwise, the bank examiner or the directors of such institution, or both, may file a complaint in the supreme judicial court in equity, setting forth the fact that such capital stock is impaired, and asking said court to order an assessment upon the capital stock aforesaid sufficient to meet the impairment and again make the corporation solvent. After giving due notice and hearing all parties interested, the court shall, if it finds the capital stock to be impaired as aforesaid, order such an assessment to be made upon such stock. Such assessment, when made, shall be due and payable by each shareholder to the treasurer of said company on order of said court within sixty days from the time such order is made. If any shareholder or shareholders of such company shall neglect or refuse, after due notice, to pay the assessment ordered as aforesaid within the time specified, a sufficient amount of the capital stock of such shareholder or shareholders may, after due notice given, be sold under the directions of the court to pay such assessment and the costs of sale. After paying the assessment and costs aforesaid from the proceeds of such sale, the balance, if any, shall be returned to the delinquent shareholder or shareholders. If no bidder can be found who will pay for such stock, the amount of the assessment due thereon and the costs of the advertisement and sale, the amount previously paid by such stockholder or stockholders, and said stock, shall be forfeited to the company, and shall be sold by said company as the directors shall order, within six months from the time of said forfeiture.

Section 3. Nothing in this act shall be construed to take away the general rights of creditors to enforce the liability of shareholders in such corporation in any manner now provided by statute, or the right to proceed against the corporation under the provisions of section two of chapter two hundred and eighteen of the public laws of eighteen hundred and ninety-seven.

Approved March 14, 1897.

General
rights of
creditors
shall not
be impaired
by this act.

CHAP. 69

Chapter 69.

An Act to prevent the fraudulent sale and use of Railroad Tickets.

Sale of

bidden.

such books

issued to.

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

Section 1. No person other than a duly authorized agent of the railroad company issuing the same shall sell, offer for sale, railroad or loan any railroad mileage books or any coupons therefrom, or books and

limited any other railroad ticket limited to the use of a person or per- cept by duly sons thereon specified at the time of its issuance by the railroad authorized company, under a penalty of not less than ten dollar3 nor more than one hundred dollars for each offense, to be recovered on

-penalty. complaint.

Section 2. No person, other than one specified in any rail- Use of road mileage book, or other railroad ticket, limited to the use of and tickets a person or persons specified thereon, at the time of its issuance to persons by the railroad company, shall offer for passage or in payment for transportation on any railroad, any such mileage book, or coupons therefrom, or any other railroad ticket limited as aforesaid, under a penalty of not less than one dollar nor more than -penalty. ten dollars for each offense, to be recovered on complaint.

Section 3. Any railroad company which shall issue a mile- Limited age book limited to a person or persons named therein, shall, books may upon presentation thereof by the person to whom such book was deemed by issued or his legal representatives, at some one or more of its issuing principal stations in each county through which its road runs, one year to be designated by such company, at any time after one year was issued. from the time when such book was issued, redeem all the coupons then attached to such book at the same rate per mile as such mileage book was sold at.

railroad

same in

Approved March 14, 1899.

Chapter 70.
An Act to amend Chapter two hundred and eighty-five of the Public Laws of

eighteen hundred and ninety-seven, relating to Sea and Shore Fisheries.
Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:
Section 1. Section six of chapter two hundred and eighty- Section 6,

chapter 285, five of the public laws of eighteen hundred and ninety-seven is public laws, hereby amended by striking out of the last line of said section amended. the words "month and the," so that said section, as amended, shall read as follows:

CHAP. 70 'Section 6. Mackerel of the best quality, not mutilated, Insnection measuring, when split, not less than thirteen inches from the of mackerel and how

extremity of the head to the crotch or fork of the tail, free branded

from taint, rust or damage, shall be branded Number one;'
the next best quality, being not less than eleven inches, meas-
uring as aforesaid, free from taint, rust or damage, shall be
branded Number two;' those that remain after the above selec-
tion, free from taint or damage, and not less than thirteen
inches, measuring as aforesaid, shall be branded Number three
large;' those of the next inferior, free from taint or damage, not
less than ten inches, measured as aforesaid, shall be branded
'Number three;' all other mackerel, free from taint or damage,
shall be branded Number three small.' The inspector shall
brand in plain letters on the head of every such cask, the weight,
the initials of his christian name, the whole of his surname, the
name of his town, and the letters ‘Me.,' and an abridgment in
figures of the year when packed.'

Section 2. Section seven of said chapter is hereby amended Section 7, amended.

by striking out of the eighth line thereof the word “seventeen,” and inserting in place thereof the words ‘not less than sixteen and one-half,' and by striking out of the tenth line thereof the word "twenty-nine" and inserting in place thereof the word 'twenty-eight,' so that said section, as amended, shall read as

follows: How bar

‘Section 7. All barrels and casks used for packing pickled rels and fish, shall be made of sound, well seasoned white oak, white ash, casks shall be made.

spruce, pine, chestnut, or poplar staves with heading of either of such kinds of wood, sound, well planed and seasoned, and when of pine, free from sap, and the barrels hooped with at least three strong hoops on each bilge, and three also on each chime; the barrel staves shall be twenty-eight inches in length, and the heads not less than sixteen and one-half inches between the chimes, and made in a workmanlike manner, to hold pickle. The barrels from twenty-eight to thirty gallons each, and the

aliquot parts of a barrel in the same proportion.' Section 8, Section 3. Section eight of said chapter is hereby amended amended.

by inserting after the word "brand" in the seventh line thereof, the words for stencil,' so that said section, as amended, shall

read as follows: How

'Section 8. Every inspector who inspects pickled alewives pickled alewives and

or herring, or other small fish, packed whole or round, shall see other small fish shall that they are struck with salt or pickle, and then put in good be packed.

casks of the size and material aforesaid, packed closely therein, and well salted, and the casks filled with fish and salt, putting no more salt with the fish than is necessary for their preserva

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