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CHAP. 75 school committee may suspend the operation of such school for not more than one year, unless otherwise instructed by the town, but any public school failing to maintain an average attendance for any school year, of at least eight pupils, shall be and hereby is suspended, unless the town in which said school is located shall by vote instruct its superintending school committee to maintain said school. The superintendent of schools cure convey- in each town shall procure the conveyance of all public school pupils residing in his town, to and from the nearest suitable school, for the number of weeks for which schools are maintained in each year, when such pupils reside at such a distance from the said school as in the judgment of the superintending school committee shall render such conveyance necessary.'

-superintendent shall pro

ance for

scholars.

Approved March 15, 1899.

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Chapter 75.

An Act amendatory of and additional to Chapter one hundred and forty-three of the Revised Statutes, relating to the Insane Hospital.

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

Section 1. Chapter one hundred and forty-three of the revised statutes is hereby amended by striking out the word "six" in the second line of section one and inserting in place thereof the word 'seven,' so that when amended, said section. shall read as follows:

'Section 1. The government of the Maine Insane Hospital is vested in a committee of seven trustees, one of whom shall be a woman; they shall be appointed and commissioned by the governor, with the advice and consent of council, to hold their offices during the pleasure of the governor and council, but not longer than three years under any one appointment.'

Section 2. The government of the Eastern Maine Insane Hospital at Bangor is hereby vested in the trustees of the Maine Insane Hospital, who are authorized to organize and prepare it for the reception of patients, to appoint a superintendent, treasurer, steward and other necessary officers, whose salaries they shall fix, and to perform such other acts as are necessary to properly care and provide for patients therein. The action of said trustees to be subject to the approval of the governor and

council.

Section 3. The provisions of chapter one hundred and fortythree of the revised statutes shall control the government of the

cable to

made anoliEastern

Eastern Maine Insane Hospital so far as they may be applica- CHAP. 76 ble, and the board of trustees are charged with the same duties towards and given the same authority over the Eastern Maine Insane Hospital at Bangor, that they now exercise in relation to the Maine Insane, Hospital at Augusta.

Section 4. This act shall take effect when approved.

Approved March 15, 1899.

Maine in

sane

hospital.

Chapter 76.

An Act to amend Section one hundred and ninety-six of Chapter six of the Revised Statutes, as amended by Section five of Chapter seventy of the Public Laws of eighteen hundred and ninety-five, relating to the sale of Real Estate for non payment of Taxes.

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

Section one hundred and ninety-six of chapter six of the revised statutes, as amended by section five of chapter seventy of the public laws of eighteen hundred and ninety-five, is hereby amended by striking out the word "four" in the second line of said section, and inserting in lieu thereof the word 'thirty,' so said section, as amended, shall read as follows:

and one

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Collector to

treasurer,
certificate
of sale
and deeds.

deeds be delivered space of

shall not

for the

two years.

'Section 196. When real estate is so sold for taxes, the collector shall,. within thirty days after the day of sale, lodge with lodge with the treasurer of his town a certificate under oath designating the quantity of land sold, the names of the owners of each parcel, and the names of the purchasers; what part of the amount of each was tax, and what was cost and charges; also a deed of each parcel sold, running to the purchasers. The treasurer shall not deliver the deeds to the grantees, but put them on file in his office to be delivered at the expiration of two years from the day of sale, in the case of the lands of resident owners, year from the day of sale in the case of lands of non-resident owners, if the owner does not within such time redeem his estate from the sale, by payment of the taxes, and all charges, and interest on the whole at the rate of twenty per cent from the day of sale to the time of redemption, and costs as above provided, with sixty-seven cents for the deed and certificate of acknowledgment. If the deed of land of a non-resident owner is recorded within thirteen months after the day of sale, no inter- dents in vening attachment or conveyance shall affect the title. If so redeemed, the treasurer shall give the owner a certificate thereof, cancel the deed, and pay to the grantee, on demand, the amount so received for him. If not so paid, he shall deliver to the

-non-resi

one year.

-real es

tate may be

redeemed.

CHAP 77 grantee his deed, on payment of the fees, as aforesaid, for the

-when grantee shall re

ceive deed.

deed and acknowledgment, and thirty cents more for receiving and paying out the proceeds of the sale. For the fidelity of the treasurer in discharging the duties herein required, the town is responsible, and has a remedy on his bond in case of default.' Approved March 15, 1899.

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Chapter 77.

An Act giving mortgagees a lien for costs of foreclosure under Section five of
Chapter ninety of Revised Statutes.

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

For the foreclosure of a mortgage by either method prescribed by section five of chapter ninety of the revised statutes as amended by chapter one hundred sixty-eight of the public laws of eighteen hundred ninety-three, the mortgagee or the person claiming under him is hereby authorized to charge an attorney's fee of five dollars in addition to the sums actually paid for the publication or service of the notice of foreclosure and for the record thereof, and said attorney's fee shall be a lien on the mortgaged estate, and shall be included with the amount of mortgage debts and amounts paid for publication or service of said notice and for recording the same, in making up the sum to be tendered by the mortgagor or the person claiming under him in order to be entitled to redeem.

Approved March 15, 1899.

Salary of county attorney for Cumberland

county, established.

Chapter 78.

An Act to amend Section two of Chapter one hundred and fifteen of the Revised Statutes as amended by Chapter two hundred and sixty-four of the Public Laws of eighteen hundred and ninety-three, relating to the salary of the County Attorney of Cumberland County.

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

From and after the first day of January in the year of our Lord one thousand eight hundred and ninety-nine, the salary of the county attorney for the county of Cumberland shall be fifteen hundred dollars per annum, instead of the sum now established by law.

Approved March 15, 1899.

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Chapter 79.

An Act to amend Section two of Chapter sixty of the Revised Statutes, as amended

by Chapter one hundred and seventy-nine of the Public Laws of eighteen hundred and ninety-three, relating to Divorce.

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

Section 1. Section two of chapter sixty of the revised statutes, as amended by chapter one hundred and seventy-nine of the public laws of eighteen hundred and ninety-three, is hereby further amended by inserting after the word "intoxication," in the sixth line of said section, as amended, the words 'from the use of intoxicating liquors, opium or other drugs,' so that said section, as amended, shall read as follows:

'Section 2. A divorce from the bonds of matrimony may be decreed by the supreme judicial court in the county where either party resides, at the commencement of proceedings, for causes of adultery, impotence, extreme cruelty, utter desertion contin-. ued three consecutive years next prior to the filing of the libel, gross and confirmed habits of intoxication from the use of intoxicating liquors, opium or other drugs, cruel and abusive treatment, or on the libel of the wife, where the husband being of sufficient ability or being able to labor and provide for her, grossly or wantonly and cruelly refuses or neglects to provide suitable maintenance for her, provided that the parties were married in this state or cohabited here after marriage, or if the libelant resides here when the cause of divorce accrued, or had resided here in good faith for one year prior to the commencement of proceedings. But when both parties have been guilty of adultery, or there is collusion between them to procure a divorce, it shall not be granted. . Either party may be a witness.'. Section 2. This act shall take effect when approved.

Approved March 15, 1899.

CHAP. 79

Section 2,

chapter 60,

R. S., as chapter 179,

amended by

public laws

1893, further

amended.

In what

cases di

vorce may be granted.

CHAP. 80

Children between ages of seven and fifteen, required to attend school unless excused by committee.

-children physically or mentally weak, may be excluded.

Children may be allowed to attend school in adjoining town, on terms as may be agreed upon.

-tuition.

Cities and towns shall elect truant officers.

-duties.

Chapter 80.

An Act to amend Section twenty-one, Chapter eleven of the Revised Statutes, relating to the rights of towns to make by-laws concerning Truants.

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

Section 1. Every child between the ages of seven and fifteen inclusive shall attend some public day school during the time such school is in session; provided that necessary absence may be excused by the superintending school committee or superintendent of schools or teacher acting by direction of either; provided, also, that such attendance shall not be required if the child obtain equivalent instruction, for a like period of time, in an approved private school or in any other manner approved by the superintending school committee; and provided further, that the superintending school committee may exclude from the public schools any child whose physical or mental condition makes it inexpedient for him to attend. All persons having children under their control shall cause them to attend school as provided in this section, and for every neglect of such duty shall forfeit a sum not exceeding twenty-five dollars, to the treasurer of the city or town, for the use of the public schools of such city or town, or shall be imprisoned not exceeding thirty days.

Section 2. Children living remote from any public school in the town in which they reside may be allowed to attend the public schools in an adjoining town, under such regulations and on such terms as the school committees of said towns agree upon and prescribe, and the school committee of the town in which such children reside shall pay the sum agreed upon, out of the appropriations of money raised in said town for school purposes. Except as above provided, a child attending a public school in a town in which his parent or legal guardian does not reside, after having obtained the consent of the school committee of such town, shall pay, as tuition, a sum equal to the average expense per scholar in such school.

Section 3. Cities and towns shall annually elect one or more persons, to be designated truant officers, who shall inquire into all causes of neglect of the duties prescribed in section one and ascertain the reasons therefor, and shall promptly report the same to the superintending school committee, and such truant officers, or any of them shall, when so directed by the school committee or superintendent in writing, prosecute in the name of the city or town, any person liable to the penalty provided in said section; and said officers shall have power, and it shall be their duty, when notified by any teacher that any pupil is irregular in attendance to arrest and take such pupil to school when

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