-penalty

to elect truant offcers.

tion.

-vacancies,

found truant; and further it shall be the duty of such officers CHAP. 80 to enforce the provisions of sections one hundred and fourteen to one hundred and sixteen, inclusive, of chapter eleven of the revised statutes. Every city or town neglecting to elect truant officers, and truant officers neglecting to prosecute when for neglect directed, as required by law, shall forfeit not less than ten nor more than fifty dollars, to the use of the public schools in the city or town neglecting as aforesaid, or to the use of the public schools in the city or town where such truant officer resides. The municipal officers shall fix the compensation of the truant compensaofficers, elected as prescribed in this section. Superintending school committees shall have power to fill vacancies occurring how filled. during the year. Section 4. If a child, without sufficient excuse, shall be absent from school six or more times during any term, he shall be deemed an habitual truant, and the superintending school committee shall notify him and any person under whose control he may be that unless he conforms to section one of this act, the provisions of the two following sections will be enforced against them; and if thereafter such child continues irregular in attendance, the truant' officers or any of them shall, when so directed by the school committee or superintendent in writing, enforce said provisions by complaint.

Section 5. Any person having control of a child who is an habitual truant, as defined in the foregoing section, and being in any way responsible for such truancy, and any person who induces a child to absent himself from school, or harbors or conceals such child when he is absent shall forfeit not exceeding twenty dollars, for the use of the public schools of the city or town in which such child resides, to be recovered by the truant officer on complaint, or shall be imprisoned not exceeding thirty days.

Section 6. On complaint of the truant officer, an habitual truant, if a boy, may be committed to the state reform school, or, if a girl, to the state industrial school for girls, or to any truant school that may hereafter be established.

Section 7. Police or municipal courts and trial justices shall have jurisdiction of the offenses described in sections one, three, five and six.

Section 8. Chapter twenty-two of the public laws of eighteen hundred and eighty-seven, as amended by chapter two hundred and six of the public laws of eighteen hundred and ninety-three, and by chapter three hundred and twenty-one of the public laws of eighteen hundred and ninety-seven, and all other legislation inconsistent herewith, are hereby repealed.

Approved March 15, 1899.

Habitual

truant shall

be admonpunished.

ished and

Penalty for habitual

abetting

truancy.

Habitual be placed institutions.

truants may

in suitable

Police trial ius

courts and

tices shall have jurisdiction.

Inconsistent acts,

repealed.

Chapter 81.

An Act to amend and additional to Chapter two hundred eighty-five, Public, Laws of eighteen hundred 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 thirty-nine of chapter two hundred eightyfive of the public laws of eighteen hundred ninety-seven, is hereby amended by inserting after the word "taken" in the sixth line of said section, the words, 'in a gauge with a cleat upon each end of the same, measuring ten and one-half inches between said cleats' and by striking out after the word "lobster," in the seventh line of said section the words, "extended on the back," and by inserting in place thereof the following; laid upon its back and extended upon its back upon the gauge, without stretching or pulling, to the end of the bone of the middle flipper of the tail,' and by striking out the word "five" in the tenth line of said section, and inserting in lieu thereof the word 'one' so that said section, when amended, will read as follows:

'Section 39. It is unlawful to catch, buy or sell, or expose for sale, or possess for any purpose, any lobster less than ten and one-half inches in length, alive or dead, cooked or uncooked, measured in manner as follows: Taking the length of the back of the lobster, measured from the bone of the nose to the end of the bone of the middle flipper of the tail, the length to be taken in a gauge with a cleat upon each end of the same, measuring ten and one-half inches between said cleats, with the lobster laid upon its back and extended upon its back, upon the gauge, without stretching or pulling, to the end of the bone of the middle flipper of the tail, its natural length, and any lobster shorter than the prescribed length when caught, shall be liberated alive at the risk and cost of the parties taking them, under a penalty of one dollar for each lobster so caught, bought, sold, exposed for sale, or in the possession not so liberated. The possession of mutilated, uncooked lobsters shall be prima facie evidence that they are not of the required length.'

Section 2. Section forty-one of said chapter two hundred and eighty-five is hereby amended by striking out the word "five," after the word "of" in the sixth line of said section, and inserting in lieu thereof the word 'one,' so that said section, when amended, will read as follows:

'Section 41. It shall be unlawful to can, preserve or pickle lobsters less than ten and one-half inches in length, alive or dead, measured as aforesaid; and for every lobster canned, preserved or pickled contrary to the provisions of this section, every

for vio

lation.

person, firm, association or corporation so canning, preserving CHAP. 82 or pickling, shall be liable to a penalty of one dollar for every penalty lobster so canned, preserved or pickled contrary to the provisions of this section, and a further penalty of three hundred dollars for every day on which such unlawful canning, preserving or pickling is carried on.'

amended.

Section 3. Section forty-eight of said chapter two hundred Section 48, and eighty-five is hereby amended by striking out all of said section and inserting in lieu thereof, the following:

'Section 48. All fines and penalties under this act may be recovered by complaint, indictment or action of debt brought in the county where the offense is committed. The action of debt shall be brought in the name of the commissioner of sea and shore fisheries, and all offenses under, or violations of, the provisions of this statute, may be settled by the commissioner of sea and shore fisheries, upon such terms and conditions as he deems advisable. All fines, penalties and collections under this act shall be paid into the treasury of the county where the offense is committed, and by such treasurer, to the state treasurer, to be added to and make a part of the appropriation for sea and shore fisheries.'

Approved March 15, 1899.

Fines an now recovdisposed of.

penalties,

ered and

Chapter 82.

An Act establishing the salary of the County Attorney for the County of
Aroostook.

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

Section 1. The county attorney for the county of Aroostook shall receive an annual salary from the treasurer of state, of six hundred dollars, payable quarterly on the first days of January, April, July and October in each year, beginning on the first day of April, eighteen hundred and ninety-nine, instead of the salary now provided by law.

Section 2. All acts and parts of acts, inconsistent with this act, are hereby repealed.

Approved March 15, 1899.

CHAP. 83

Bounty on wild cats. repealed.

Chapter 83.

An Act to repeal Chapter one hundred and ninety-five of the Public Laws of eighteen hundred and ninety-seven, entitled "An Act to establish a bounty on Wildcats."

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

Chapter one hundred and ninety-five of the public laws of eighteen hundred and ninety-seven entitled, "An Act to establish a bounty on Wildcats" is hereby repealed.

Approved March 15, 1899.

Section 32, . chapter 91, R. S., as amended by chapter 34, laws 1895, further

amended.

Lien dissolved unless sworn claim is filed in

town clerk's office within forty days.

-clerks' fees.

Chapter 84.

An Act to amend Section thirty-two of Chapter ninety one of the Revised Statutes, as amended by Chapter thirty-four of the laws of eighteen hundred and ninety-five, relating to Liens.

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

Section 1. Section thirty-two of chapter ninety-one of the revised statutes, as amended by chapter thirty-four of the laws of eighteen hundred and ninety-five, is hereby amended by adding thereto the words, 'but this section shall not apply where the labor or materials are furnished by a contract with the owner of the property affected,' so that said section thirty-two as herein amended, shall read as follows:

'Section 32. The lien mentioned in the preceding section shall be dissolved unless the claimant within forty days after he ceases to labor or furnish materials as aforesaid, files in the office of the clerk of the town in which such building is situated, a true statement of the amount due him, with all just credits given, together with a description of the property intended to be covered by the lien, sufficiently accurate to identify it, and the names of the owners, if known; which shall be subscribed and sworn to by the person claiming the lien, or by some one in his behalf, and recorded in a book kept for that purpose, by said clerk, who is entitled to the same fees therefor as for recording mortgages, but this section shall not apply where the labor or materials are furnished by a contract with the owner of the property affected.'

Section 2. This act shall take effect when approved.

Approved March 13, 1899.

CHAP. 85

Chapter 85.

An Act to amend Section three of Chapter seventy-two of the Revised Statutes, relating to the discharge of sureties on Probate Bonds.

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

chapter 72, amended.

Section three of chapter seventy-two of the revised statutes Section 3, is amended by adding after the word "surety" in the first line the words or principal' and by striking out the word "him" in the third line and inserting in place thereof the words 'the surety or sureties,' so that said section, as amended, shall read as follows:

'Section 3. On application of any surety or principal in such bond, the judge, on due notice to all parties interested may, in his discretion, discharge the surety or sureties from all liability for any subsequent, but not for any prior breaches thereof, and may require a new bond of the principal, with sureties approved by him.'

Approved March 16, 1899.

Surety on bond may judge of

charged by

probate.

Chapter 86.

An Act to amend Section eight of Chapter sixty-four, and Section four of Chapter seventy-one of the Revised Statutes, relating to sales of Real Estate by license of court.

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

Section 8,

R. S.,

amended.

Section 1. Section eight of chapter sixty-four of the revised statutes is hereby amended by striking out the words "or sales chapter 64, of real estate may be made under the provisions of the will, without the executor" and substituting therefor the following words; ‘and all acts required by law or otherwise under the provisions of the will may be done and performed by the executor without; so that said section, as amended, shall read as follows: 'Section 8. Letters testamentary may issue, and all acts required by law or otherwise under the provisions of the will may be done and performed by the executor without giving bond, or by his giving one in a specified sum, when the will so provides; but when it appears necessary or proper, the judge, on application of parties interested, may require him to give bonds as in other cases.'

Section 2. Section four of chapter seventy-one of the revised statutes is amended by inserting after the word "exchanges" in the second line the words 'except executors exempted therefrom

will may what bond, executor

prescribe

if any, shall give.

Section 4,

chapter 71, amended.

R. S.,