CHAP. 105 house or permitting gambling in house or shop. Section 11, chapter 126, stricken out. Magistrates shall issue warrants to search for implements of gambling, etc. -proceed. ings. resorted to for the purposes described in section eleven of chapter one hundred and twenty-six of the revised statutes as amended by section two of this act, or is found gambling or present as described in said section eleven so amended as aforesaid, or permits any person to gamble in any way in any tenement or other place under his care or control, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than four months; and the municipal officers, constables and police officers of towns and cities, and the assessors of plantations, are required promptly to enforce the laws against gambling rooms, and to make complaint against any person in their respective municipalities when there is probable cause to believe such person to be guilty of a violation of this section. Trial justices and judges of municipal or police courts, shall have jurisdiction in all prosecutions for violations of this section.' Section 2. Section eleven of chapter one hundred and twenty-six of the revised statutes is hereby stricken out and the following section is hereby inserted in its stead: 'Section II. When a person makes oath before a trial justice or judge of a municipal or police court that he has reason to suspect and does suspect that any tenement or other place is unlawfully used as and for a common gambling house, for the purpose of gambling for money or other property, or is kept, used or occupied for promoting a lottery, or for the sale of lottery tickets, or for promoting the game known as policy lottery or policy, or for the buying or selling of pools or registering of bets upon any race, game, contest, act or event, and that persons resort to the same for any such purpose, such magistrate, whether the names of the persons last mentioned are known to the complainant or not, shall issue a warrant commanding the sheriff or any of his deputies or any constable or police officer to enter such tenement or other place, and to arrest the keepers thereof, all persons in any way assisting in keeping the same, whether as janitor, door keeper, watchman, or otherwise, all persons who are there found participating in any form of gambling and all persons present whether so participating or not, if any lottery, policy or pool tickets, slips, checks, manifold books or sheets, memoranda of any bet, or other implements, apparatus or materials of any form of gambling are found in said place, and to take into their custody all the implements, apparatus or materials of gambling, as aforesaid, and all the personal property, furniture and fixtures, so that they may be forthcoming before some court or magistrate, to be dealt with according to law. All articles and property seized under the provisions of this section, or found in the possession or under the control of any person arrested for keeping or assisting in keeping a gambling house or for gambling, shall be disposed of in the manner provided in the following section for the disposal of counterfeiting and burglars' tools; and the finding in any tenement or other place of any lottery, policy or pool tickets, slips, checks, manifold books or sheets, memoranda of any bet, or other implements, apparatus or materials of any form of gambling shall be prima facie evidence that said tenement or other place is occupied, used, kept and resorted to for the purpose of gambling.' Section 3. Section twelve of chapter one hundred and twenty-six of the revised statutes is hereby amended by striking out in the fourth, fifth and sixth lines thereof the words "all lottery tickets or materials for a lottery or procured for the purpose of a lottery; all gambling apparatus or implements used, procured or kept to be used in gambling," and by striking out in the eighth and ninth line of said section the words. "selling lottery tickets or gambling," so that said section as amended, shall read as follows: 'Section 12. All tools, machines, dies, plates or materials provided for making counterfeit or spurious coin, or for forging bank notes or other instruments; all burglar's tools or implements prepared or designed for burglary, shall, when the same are found and taken by virtue of a search warrant, or are found in the possession or under the control of any person arrested for forgery, counterfeiting, or burglary, be safely kept by the direction of the court or magistrate having cognizance of the case, so long as may be necessary for their being used as evidence on any trial, and as soon as may be afterward, they shall be burned or otherwise destroyed by order of such court or magistrate, or of a justice of the supreme judicial or superior court.' Section 4. This act shall take effect when approved. Approved March 21, 1905. CHAP. 106 Section 26, chapter, 135, R. S., amended. Sentence shall be imposed upon conviction. -form of recognizance. Chapter 106. An Act to amend Section twenty-six of Chapter one hundred and thirtyfive of the Revised Statutes, relating to Sentences. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section twenty-six of chapter one hundred and thirty-five of the revised statutes is hereby amended by inserting in said section, before the word "Questions," in the first line thereof, the words, 'Sentence shall be imposed upon conviction, either by verdict or upon demurrer, of a crime which is not punishable by imprisonment for life, although exceptions are allowed.' Also by inserting after the word "recognize," in the fifteenth line, the words, 'the court, on request of the defendant upon. whom sentence is imposed, may allow stay of execution of sentence, in which case such commitment shall be to await final decision; otherwise, commitment shall be in execution of sentence.' Also by inserting after the word "prison," in the seventeenth line thereof, the words, or any person is committed pending decision on report or exceptions, as herein provided, and remains imprisoned after the adjournment of court. Also by adding at the end of said section, the following: 'If a person shall be so admitted to bail after commitment in execution of sentence, as above provided, such admission to bail shall vacate the effect of the original commitment, and the full term of imprisonment shall commence from the date of commitment after final decision.' So that said section as amended, shall read as follows: 'Section 26. Sentence shall be imposed upon conviction, either by verdict or upon demurrer, of a crime which is not punishable by imprisonment for life, although exceptions are alleged. Questions of law may be reserved on a report signed by the presiding justice, and in such case, and where exceptions are allowed, the defendant may, when the offense charged is bailable, recognize with sureties, in such sum as the court orders, with conditions substantially as follows: "The condition of this recognizance is such that, whereas there is now pending in the court, within and for the county of for the offense of an indictment against the said shall personally court, to be held in and for said CHAP. 107 execution of sentence may be had. county, from term to term, until and including the term of said court next after the certificate of decision shall be received from said justices, and shall abide the decision and order of said court, and not depart without license, then this recognizance shall be void.' If he does not so recognize, the court, on request of the defendant upon whom sentence is imposed may allow stay of execution of sentence, in which case commitment shall be to stay of await final decision; otherwise, such commitment shall be in execution of sentence. When a verdict of guilty is rendered against any person for an offense punishable by imprisonment in the state prison, or any person is committed pending decision on report or exceptions, as herein provided, and remains imprisoned after the adjournment of court, he shall be admitted to bail only by the justice trying him, by some person by him appointed therefor, or by some justice of the supreme judicial court. If a person shall be so admitted to bail after commitment in execution of sentence, as above provided, such admission to bail shall vacate the effect of the original commitment, and the full term of imprisonment shall commence from the date of commitment after final decision.' Approved March 21, 1905. Chapter 107. An Act to amend the Revised Statutes, Chapter one hundred and twentyfive, Section fifty-three, relating to Cruelty to Animals. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 53, amended. Section fifty-three of chapter one hundred and twenty-five of the revised statutes is hereby amended by striking out from the chapter 125, eighth, ninth and tenth lines the words, "for their travel and services, in conducting such investigations, such agents shall be paid by the county in which such services are rendered, the same fees as are now allowed officers by law for the service of a warrant for arrest," and inserting instead thereof the following: 'for services and expenses in conducting such investigations such agents shall be paid a reasonable sum by the county in which such services are rendered and expenses incurred, and for their travel the same fees as are now allowed officers, by law, for the service of a warrant for arrest,' so that the said section as amended, shall read as follows: 'Section 53. Sheriffs, deputy sheriffs, police officers, constables and agents appointed under the provisions of the follow Duty of prosecute for officers to violations. CHAP. 108 -fines, how disposed of. -services, how paid. ing section, shall investigate all cases of cruelty to animals coming to their knowledge, and shall cause offenders to be prosecuted in all cases in which the offense may appear to be of a sufficiently aggravated nature to require prosecution; all fines imposed for the punishment of such offenses, shall be paid over to the county treasurer of the county in which the offense may have been committed. For services and expenses in conducting such investigations such agents shall be paid a reasonable sum by the county in which such services are rendered and expenses incurred, and for their travel the same fees as are now allowed officers, by law for the service of a warrant for arrest; provided, however, that all claims of such agents for such travel and services shall first be audited and approved by the county commissioners of the county liable to pay the same.' Approved March 21, 1905. Section 3, chapter 41, R. S., amended. Wardens shall enforce to sea and shore Chapter 108. An Act to amend Section three of Chapter forty-one of the Revised Statutes of nineteen hundred and three, relating to Sea and Shore Fisheries. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section I. Section three of chapter forty-one of the revised statutes of nineteen hundred and three is hereby amended so that the same, when amended, shall read as follows: 'Section 3. The fish wardens shall enforce all laws relating laws relating to the sea and shore fisheries within the counties in which they respectively reside, but they shall not exercise jurisdiction in any other county unless so instructed in writing by the commissioner of sea and shore fisheries. fisheries. -commissioner and seize fish and lobsters. The commissioner of sea and shore fisheries and fish wardens. wardens may may with or without a warrant arrest any person whom they may have reasonable grounds to believe guilty of violating any of the provisions of this chapter, and may with or without a warrant enter upon, open and search any vessel, boat, building, car, trap or other receptacle or place where they have reasonable grounds to believe that fish or lobsters liable to seizure are to be found, and seize and carry away all fish or lobsters liable to seizure found therein, and any lobster car, trap, net, barrel, box or package in which the same are found or which are liable to seizure under any of the provisons of this chapter, the fish, lobsters or other property thus seized to be disposed of according to law, but no dwelling house or hotel shall be searched without |