CHAP. 198 May hold real and personal property. Shall provide persons as town charges. Seal. -by-laws. Membership. First meeting, how called. Section 5. For the purposes of the corporation it is hereby authorized to hold real and personal property, to raise money by the sale of its lots, and by loan upon its bonds hereinbefore set forth and to receive and hold bequests from persons and corporations for the purpose of protecting, caring for and beautifying said cemetery or lots therein. Section 6. The corporation shall set apart a suitable lot or lots for the free use of the town for the burial of such persons as have been a town charge, or who are buried at the expense of the town. Section 7. The corporation may have a public seal to be used in its conveyances and is authorized to elect all proper officers and to adopt a code of by-laws, not in conflict with law and shall be subject to all general laws relating to public cemeteries not otherwise changed by this act. Section 8. All persons who are now members of the Mount Pleasant Cemetery Corporation at South Portland, organized under the general law, may become members of this corporation by signing the books of the secretary. Section 9. Either of said corporators is hereby authorized to call the first meeting of this corporation, by posting notices thereof in three places in the vicinity, seven days at least before said meeting. Section 10. This act shall take effect when approved. Approved March 17, 1899. Taking of smelts in Brooksville, prohibited. Penalty for violation. Chapter 198. An Act to prevent the taking of smelts by drag seines in the waters of the Buck's Be it enacted by the Senate and House of Representatives in Section I. All persons are hereby prohibited from taking any smelts by drag seines in the waters of Buck's harbor, Orcutt's harbor, and Lawrence bay in the town of Brooksville. Section 2. Whoever shall violate the provisions of this act shall on conviction of the same, be punished by a fine of not more than one hundred dollars or by imprisonment in the county jail for a term of not more than sixty days, and in addition to the said punishment all boats, seines, and all other articles used in the taking of said fish and the fish so taken shall be forfeited and disposed of as provided in section forty-seven of chapter two hundred and eighty-five of the public laws of eighteen hundred and ninety-seven. Approved March 17, 1899. CHAP. 199 Chapter 199. An Act regulating Caucuses in the City of Biddeford. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Any political party in the city of Biddeford, entitled to choose delegates to the state convention of such party at which its gubernatorial candidate may be chosen, shall at the caucus named to choose such delegates to said state convention, elect its city committee, and committees chosen at other times shall have no power or authority for calling any ward or city caucuses. The committee so chosen shall hold office for the term of two years from the first day of January following their election, except as herein provided. Present city committees, authorized caucuses for under shall consome ty Section 2. The present city committee of the said city shall call together in caucus in the manner herein provided for calling general caucuses the voters of their respective political parties to call and which said caucus shall be called to meet at a time not later than the fifteenth day of April following the approval of this act, at which city committees for the respective political parties shall be chosen, and the committees so chosen shall constitute the city committee for the political party holding such caucus, from the time of their election and organization until the first day of January in the year of our Lord nineteen hundred and one. Whenever a city committee of any political party in said city refuses or neglects to call a caucus, the same may be called by any justice of the peace, upon petition of ten voters of such political party, who shall be empowered to give the notice required by law governing caucuses and may call such caucus to order and preside until a chairman is chosen by vote of the caucus. Section 3. If any existing city committee refuses or neglects to call such caucuses for the election of city committees, as aforesaid, to be held on or before the fifteenth day of April, in the year of our Lord nineteen hundred and ninety-nine, as aforesaid, such caucuses may be called subsequent to said fifteenth day of April by a justice of the peace, as above provided, to be holden within the month of April aforesaid. Section 4. In case the city committee of any political party delays to call a caucus for the nomination of a candidate of such party for the office of mayor, and caucuses for the selection of the various ward candidates, till twenty days prior to the day of the municipal election, such delay shall be deemed such refusal and neglect on the part of such committee as will authorize such stitute city until January 1, 1901. How caucus called, if may be any commit- How cau cuses may be called, if existing What shall be deemed a refusal to act. CHAP. 199 caucus and caucuses to be called by a justice of the peace as Two caucuses shall not be held on the same day. -party having precedence. Officers, and how chosen. In ballot for mayor, check list shall be used. -eligibility of voters. -time for calling and holding caucuses. -who shall officiate as officers. -how votes shall be received and counted. -system of checking. Check list may be used for certain ward caucuses, upon petition of ten voters. aforesaid. Section 5. No two political parties shall hold such caucuses for nominating a candidate for mayor, on the same day. The party first filing with the city clerk a copy of the call for such caucus, shall be entitled to precedence as to the day fixed. Section 6. At such caucuses in said city of Biddeford, a chairman and secretary shall be elected to officiate, which may be done by acclamation, unless written objection is made by ten voters entitled to participate, in which case such chairman and secretary shall be chosen by ballot and all candidates for nomination before such caucuses shall be nominated by ballot. Section 7. When a ballot is taken in such caucus for nomination of candidate for mayor, the voting lists furnished under the provisions of chapter three hundred and ten of the public laws of eighteen hundred and ninety-seven shall be used as check lists. No person shall be entitled to vote or to take part in the caucus whose name does not appear on said lists. In the election of chairman and secretary the polls shall be kept open not less than thirty minutes, and not more than one hour and thirty minutes. No such caucus shall be called later than three o'clock in the afternoon, nor be closed earlier than eight o'clock in the afternoon. A temporary chairman and secretary, selected by the city committee, shall officiate until the election of a permanent chairman and secretary. If either is absent at the time appointed, any member of the city committee may call the caucus to order, appoint a temporary secretary, if necessary, and preside until a chairman and secretary are chosen. In such caucus there shall be à ballot box for each ward, and in charge of a committee man for that ward, of the same political party holding such caucus, and he shall be assisted in receiving, sorting and counting the votes by any person recommended by any ten legal voters in such ward, of the same political party holding the caucus, and said assistant, or assistants if more than one be so recommended, shall be empowered to perform said duties at any and all subsequent ballots taken by the caucus, provided the person or persons so chosen shall not exceed one for each candidate voted for in such caucus, and so that each candidate or group of candidates may be represented on said committee to receive, sort and count votes. Section 8. In any ward caucus of such political parties, upon petition of ten voters in the ward of the same political party calling the caucus, filed with the city committeeman for that ward, the check list shall be used in such ward caucus and the foregoing provisions relating to procedure in balloting and to of act shall apply and counting to sorting votes. -who may call caucus assistance in receiving, sorting and counting votes, shall apply CHAP. 199 to such caucuses, and in balloting for any candidate the polls -provisions shall be kept open at least fifteen minutes, and the committeeman of such ward and a secretary appointed by the city committee shall officiate, until the selection of a permanent chairman and secretary. If either of said appointees is absent at the time appointed, any member of the city or ward committee, and if no such member is present, any voter in the ward of the same political party may call the caucus to order, appoint a tempo- to order rary secretary, if necessary, and preside until a chairman and secretary are elected. The copy of the check list for use in such ward caucuses shall be obtained of the city clerk and shall be by him attested as a true copy of the original ward list of voters of such ward, used at the last preceding election and presented by said petitioners to the ward committeeman with the aforesaid petition. Section 9. And in all general caucuses for selection of delegates to national, state, district and county conventions, and members of city committee, and for all purposes not herein provided for, the provisions of this act shall apply as in the case of the caucuses for the nomination for mayor. and preside. -use of check list. Provisions shall apply of this act, to all gen eral cau cuses. of voters. Section 10. Any voter of said city shall be entitled to vote Eligibility in any caucus of the same political party for whose candidate he voted at the preceding gubernatorial election, unless, subsequent to such voting, he has affiliated with another political party entitled to representation upon the official ballot of the state, whose name appears upon the voting list; but this provision shall not be construed to deprive any person of the right to vote in such caucus who failed to vote at said gubernatorial election, or to any person who has become a voter since said election, and who is of the same political party holding the caucus. No person shall be entitled to vote or to take part in a caucus, whose name does not appear upon the certified copy of the check list. Section II. The check list used at the first political caucus for nomination of candidate for mayor shall be sealed by the chairman presiding, in open caucus, and returned to the city clerk so sealed, and during the balloting a uniform system of checking said list shall be adopted, and the same list shall be used by the political party next holding its mayoralty caucus, and the likewise uniform system of checking shall be adopted, but it shall be different from that adopted at the former caucus, system of and the check list shall then be likewise sealed and returned by the chairman to the city clerk, and in case there are more than two political parties holding caucuses, the same procedure shall Check list used at first political caucus for mayor, shall sealed to be returned city clerk. checking. CHAP. 199 be observed. Number of teemen. The clerk shall keep such lists in the manner pro vided by law for keeping lists used at election. Section 12. The city committee of each political party of city commit said city, shall consist of eleven members, one from each ward, who shall be a resident of such ward and four members at large. Vacancies, how filled. Notices shall be issued at least six days prior to holding of caucus. -how posted. Plurality of votes shall nominate. Vacancies in any delega tion, how filled. General caucus law Section 13. The said city committee may fill any vacancies occurring in the committee, for any cause arising, by selecting a person of the same political party, but if the vacancy is in a ward representation, such vacancy shall be filled by a person residing in such ward, who shall be deemed the committeeman for that ward. Section 14. Notice of caucuses signed by the chairman and secretary, shall be issued by each city committee, not less than six days prior to the day on which they are to be held. The notices shall state the place where, and the day and hour when the caucus is to be held, and designate by name the persons appointed chairman and secretary. They shall be conspicuously posted in at least seven public places in the ward, for ward caucuses, and in at least ten such places in the city for general caucuses. Section 15. The persons receiving the highest number of votes in a caucus, shall be declared elected or nominated. If there is a tie vote for any candidates there shall be a new ballot for such candidates. Section 16. In case of a vacancy on any delegation elected to attend a convention, or neglect of any delegate to attend such convention, such vacancy may be filled by the remaining members of the delegation. Section 17. Except as herein provided, the general caucus shall prevail, law shall prevail. except as herein provided. Penalty of committeeman or officer who violates this act. Penalty for illegal voting. Section 18. Any committeeman or officer of a caucus, who knowingly violates any of the provisions hereof, or declines or willfully fails to receive any written objection or written request made as herein provided, and any officer presiding at a caucus, who knowingly refuses to receive any ballot offered by a person qualified to vote at such caucus, shall be punished by a fine of not less than thirty dollars or by imprisonment not exceeding thirty days. Section 19. Whoever, at a caucus, knowing that he is not a qualified voter, willfully votes thereat, shall be punished by a fine of not less than twenty dollars, or by imprisonment not exceeding twenty days. Section 20. This act shall tale effect when approved. Approved March 3. 1899. |