CHAP. 109 -magistrates may issue a warrant issued for that purpose, and then only in the day time Section 2. This act shall take effect when approved. Approved March 21, 1905. warrants. warrants shall issue. Chapter 109. An Act to amend Section four of Chapter one hundred and forty-one of the Revised Statutes, relating to State Prison. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 4, chapter 141, amended. Section 1. Section four of chapter one hundred and fortyone of the revised statutes shall be amended by adding, after R. S., the word "commissary" in the fourth line thereof, the words 'night watchman,' so that said section, as amended, shall read as follows: 'Section 4. The supervision of the state prison is vested in the governor and council, but its government and direction are in a board of three prison and jail inspectors, one warden, one deputy warden, one clerk, eleven guards, one of whom shall perform the duties of commissary, night watchman and such number of overseers and aids as the inspectors determine to be necessary." Section 2. This act shall take effect when approved. Approved March 21, 1905. Night watchman list of officers. CHAP. 110 Section 31, chapter 93, R. S., amended. Lien dissolved unless filed in sixty days in town clerk's office. Chapter 110. An Act to amend Section thirty-one of Chapter ninety-three of the Revised Be it enacted by the Senate and House of Representatives in That the word "forty" in the second line of section thirty-one of chapter ninety-three of the revised statutes be stricken out and the word 'sixty' be inserted therefor, so that said section as amended, shall read as follows: 'Section 31. The lien mentioned in the preceding section shall be dissolved unless the claimant within sixty 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, wharf or pier 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.' Approved March 21, 1905. Section 88, chapter 84, R. S., amended. Jurors, how Chapter 111. An Act amending Section eighty-eight of Chapter eighty-four of the Be it enacted by the Senate and House of Representatives in Section eighty-eight of chapter eighty-four of the revised statutes is hereby amended by striking out in the seventeenth line thereof the word "two" and inserting in place thereof the word 'four,' so that said section as amended, shall read as follows: 'Section 88. When venires for jurors are returned to court, the clerk shall, at the commencement of each term, prepare separate alphabetical lists of the names of the several persons returned as traverse jurors; and the court in impaneling them, shall cause the names of the first two persons who attend, to be called, who shall be first sworn and then the others in succes CHAP. 112 -first jury. sion, as they are named on the list, and in such divisions as the court directs, or all at the same time; and the first twelve shall compose the first jury; and the next twelve, on the same list, shall be impaneled and sworn in like manner, and shall compose the second jury; but before proceeding to the trial of any civil-second jury. or criminal case, other than for an offense punishable by imprisonment for life, the clerk may, under direction of court, at the request of either party, place the names of all jurors legally summoned and in attendance, and not engaged in the trial of any cause, separately upon tickets in a box, and the names shall be drawn from the box by the clerk, after having been thoroughly mixed, one at a time, for the purpose of constituting a jury; and each party may peremptorily challenge four jurors; but in such case all peremptory or other challenges and objections to a juror drawn, if then known, shall be made and determined, and the juror sworn or set aside, before another name is drawn, and so on until the panel is completed. A new jury shall be thus drawn for the trial of each cause; and after the panel is thus completed, the presiding justice shall appoint a foreman for the trial of the case.' Approved March 21, 1905. -challenges. Chapter 112. An Act to prevent the unlawful diversion of electricity. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: for unlawfully interfering of apparatus corporations injuring or with working of persons or engaged in gas or Whoever unlawfully and intentionally injures or destroys or Punishment suffers to be injured or destroyed any meter, pipe, conduit, wire, line, pole, lamp, or other apparatus belonging to a corporation or company engaged in the manufacture or sale of gas or electricity for lighting purposes or power purposes or belonging to any water company, or unlawfully and intentionally prevents an furnishing electric or water or gas meter from duly registering the quantity electricity. of electricity or water or gas supplied, or in any way interferes with its proper action or just registration, or without the consent of such company or corporation unlawfully and intentionally diverts any electric current from any wire of such corporation. or company, or otherwise unlawfully and intentionally uses or causes to be used without the consent of such corporation any electricity manufactured or distributed by such corporation or company, or unlawfully and intentionally and without the con CHAP. 113 sent of such company taps, or interferes with the pipes or fixtures of any water or gas company, shall for every such offense be punished by a fine of not more than one hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. Approved March 21, 1905. Section 51, chapter 125, R. S., amended. Any person may furnish shelter and food to abandoned animals. -lien for same. -sheep on uninhabited and barren islands. Chapter 113. An Act to amend Section fifty-one of Chapter one hundred and twenty-five of the Revised Statutes, relating to Cruelty to Animals. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section fifty-one of chapter one hundred and twenty-five of the revised statutes is hereby amended by adding to said section the following: 'And the keeping or leaving sheep on any of the uninhabited and barren islands, lying off the coast of Maine, within said state, during the months of December, January, February and March of any year, without providing sufficient food and proper shelter therefor, shall be deemed prima facie evidence that the owner or person having the custody and control of such sheep has violated the provisions of this section,' so that said section as amended, shall read as follows: 'Section 51. Any person may take charge of an animal whose owner has cruelly abandoned it, or cruelly fails to take care of and provide for it, and may furnish the same with proper shelter, nourishment and care at the owner's expense, and have a lien thereon for the same, and the keeping or leaving sheep on any of the uninhabited and barren islands, lying off the coast of Maine, within said state, during the months of December, January, February and March of any year, without providing sufficient food and proper shelter therefor, shall be deemed prima facie evidence that the owner or person having the custody and control of such sheep has violated the provisions of this section.' Approved March 21, 1905. CHAP. 114 Chapter 114. An Act to prevent sales of Merchandise in bulk in fraud of Creditors. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: of part or stock of otherwise regular Sale in bulk whole of merchandise than in course void against unless purchaser inventory. purchaser receive of business creditors. seller and make -and unless demand aud written list of creditors. -with indebtedness. -and unless notified of sale, price, etc. creditors be Section 1. The sale in bulk of any part or the whole of a stock of merchandise, otherwise than in the ordinary course of trade and in the regular and usual prosecution of the seller's business, shall be void as against the creditors of the seller, unless the seller and purchaser, at least five days before the sale, make a full detailed, inventory, showing the quantity, and, so far as possible with exercise of reasonable diligence, the cost price to the seller of each article to be included in the sale; and unless the purchaser preserve such inventory for inspection by the creditors, or any of them, for thirty days after the completion of the sale; and unless the purchaser demand and receive from the seller a written list of names and addresses of creditors of the seller, with the amount of indebtedness due or owing to each and certified by the seller, under oath to be, to the best of amount of his knowledge and belief, a full, accurate and complete list of his creditors and of his indebtedness; and unless the purchaser, at least five days before taking possession of such merchandise or paying therefor, notify personally or by registered mail every creditor whose name and address are stated in said list of the proposed sale and of the price, terms and conditions thereof. Provided, however, that the preceding provisions of this section further shall not apply if the purchaser, before any such sale of merchandise, shall demand and receive from the seller a written list of names and addresses of creditors of the seller, with the amount of indebtedness due or owing to each, and certified by the seller under oath to be, to the best of his knowledge and belief, a full, accurate, and complete list of his creditors, and of his indebtedness, and the seller, prior to such sale, shall deliver to the purchaser a certificate signed and sworn to by the seller that he has in good faith given notice of the proposed sale to all of the creditors whose names are stated in such verified list, and shall also deliver to the purchaser a written waiver of the provisions of this act signed by a majority in number of such creditors, and by creditors holding a majority of the total indebtedness shown by such list. Section 2. Sellers and purchasers under this act shall include corporations, associations, copartnerships, and individuals, but nothing contained in this act shall apply to sales by executors, administrators, receivers, assignees under voluntary assignment provisions. Corporations, associations, copartner. ship and included individuals under this act. |