his knowledge, he shall forthwith notify the commissioner of agriculture to that effect; and it shall be the duty of said commissioner of agriculture to cause the said trees, shrubs or vines to be inspected by a competent entomologist, who shall forthwith make a report of the results of his inspection. It shall be the duty of the commissioner of agriculture to disseminate information concerning the brown-tail moth, the gypsy moth and other injurious insects or plant diseases. Wherever such insects or diseases may be found it shall also be the duty of said commissioner to at once proceed to exterminate or control all such insects and plant diseases as may come to his knowledge within the limits of the means at his disposal. CHAP. 29 may enter public Section 5. For the purpose of inspecting any trees, shrubs Entomologist or plants supposed to be infected with dangerous insects or dis- private or eases, the authorized entomologist shall have the right to enter grounds. private or public grounds, and for the purpose of exterminating or controlling any dangerous insects or diseases that may be found infecting trees, shrubs, or plants, the commissioner of agriculture and his employees and municipal officers and their employees shall have the right to enter private and public grounds. Section 6. For the purpose of carrying into effect the provisions of this act the sums of five thousand dollars for the year nineteen hundred and five and for the year nineteen hundred and six, or such part thereof as may be necessary, are hereby appropriated. Appropria tion for carrying out provisions of this act. how enforced. Section 7. In case of violation of this act it shall be the Penalties, duty of the commissioner of agriculture to enforce the penalties set down in sections one and three of this act. statute Section 8. The statute law entitled "An Act for the protec- Former tion of trees and shrubs from injurious insects and diseases," is repealed. hereby repealed. Section 9. This act shall take effect when approved. Approved February 28, 1905. CHAP. 30 Section 44, chapter 41, R. S., amended. Close time on smelts. -penalty for violation of. -exception. -sale of smelts regulated. Chapter 30. An Act to amend Section forty-four of Chapter forty-one of the Revised Be it enacted by the Senate and House of Representatives in Section forty-four of chapter forty-one of the revised statutes 'Section 44. No smelts shall be taken or fished for in tidal waters, except by hook and line, between the first days of April and October, under a penalty of not less than ten nor more than thirty dollars for each offense, and a further penalty of twenty cents for each smelt so taken; and all weirs for the capture of smelts shall be open and so remain, and all nets used in the smelt and tom cod fishery, shall be taken from the water on or before said first day of April, under a penalty of not less than twenty, nor more than fifty dollars, and a further fine of five dollars for each day that any such weir or net remains in violation of law. But weirs with catch pounds covered with nets, the meshes of which are one inch square in the clear, or greater are not subject to this section. But no smelts caught in such weirs after the first day of April, shall be sold or offered for sale in this state, nor shall smelts caught in any manner between the first day of April and the first day of October following be offered for sale, sold or shipped from the state under a penalty of twenty-five dollars for each offense; provided, however, that dip nets may be used between the first day of April and the first day of May, and all smelts caught by dip nets between said days may be lawfully offered for sale and sold in this state; -exceptions. provided, further, that this section does not apply to smelts taken in the Androscoggin river above the Merrymeeting bay bridge, between the first days of October and November, nor to smelts taken in the Penobscot river and its tributaries between the first and thirtieth days of April, nor to smelts taken in Casco bay between the fifteenth day of September and the first day of October, nor to smelts taken in Franklin bay between the first day of April and the first day of May, nor to smelts taken in Little Kennebec bay, so called, in the county of Washington between the first day of April and the first day of May, nor to smelts taken in West bay and West bay stream, so called, in the town of Gouldsboro, Hancock county, between the first and the fifteenth days of April.' Approved February 28, 1905. Chapter 31. An Act to amend Section eighteen of Chapter one hundred and forty-four of the Revised Statutes, relating to the support of persons committed to the Insane Hospitals. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section eighteen of chapter one hundred and forty-four of the revised statutes is hereby amended by adding after the word "support" in the second line of said section, the words 'or becoming unable to pay for his support after commitment any like officer with power to commit,' so that the same when amended, shall read as follows: 'Section 18. The officers ordering the commitment of a person unable to pay for his support, or becoming unable to pay for his support after commitment, or their successors, any like officer with power to commit, may, in writing, certify that fact to the trustees, and that he has no relatives liable and of sufficient ability to pay for it; and if the trustees are satisfied that such certificate is true, the treasurer of the hospital may charge to the state one dollar and fifty cents a week for his board, and deduct it from the charge made to the patient or town for his support.' Approved February 28, 1905. Section 18, chapter 144, R. S., amended. When persons eommitted hospitals Chapter 32. An Act to provide for the better protection of motormen and conductors on electric cars. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: be enclosed. Section 1. On and after the first day of December in the Platforms to year nineteen hundred and five, all street cars in regular use for the transportation of passengers in December, January, February and March in each year, except as provided in the following section, shall have their platforms enclosed in such manner as to protect the motormen, conductors or other employees who operate such cars from exposure to wind and weather in such manner as the board of railroad commissioners shall approve. CHAP. 32 Cars included in provisions of this act. Penalty for violation. Street railway companies may petition to be excepted from provisions of this act. Section 2. Such street cars shall include all regular street cars which are operated by steam, electricity or other motive power, which, while in motion, require the constant care or service of an employee upon the platforms of the car or upon one of them. This act shall not apply to special cars or cars used for temporary service in an emergency. Section 3. A street railway company which fails or neglects to comply with the provisions of the two preceding sections shall be punished by a fine of not more than one hundred dollars for each day during which such neglect continues, and a superintendent or manager of such street railway who causes permits such violation shall be jointly and severally liable with said railway to said fine. or Section 4. Any street railway company operating cars may, on or before the first day of September in the year nineteen hundred and five, petition the board of railroad commissioners to be exempted from the provisions of this act so far as relates to such lines or routes owned or controlled by said company, where said company claims cars cannot be operated with safety; and if after hearing and investigation said board decides that in its opinion street cars with the platform enclosed, as required by section one of this act, cannot be operated with safety in such city, upon any or all of its lines or routes, this act shall not be applicable to said company, its officers or cars, so far as relates to such lines or routes so decided to be unsafe for such operation. Said board shall render its decision on all petitions brought under this section, with the reason for such decision, on or before the first day of December in the year nineteen hundred and five, but said decision shall be at any time subject to revision by said board. If, however, said board shall decide adversely to the claim of said company in regard to any lines or routes included in said petition, then said petitioning railway company shall enclose the platforms of its cars operated on such lines or routes, in the manner provided in section one, within such time as said board of railroad commissioners shall deem reasonably requisite. Approved March 7, 1905. CHAP. 33 Chapter 33. An Act to amend Section thirteen of Chapter one hundred and twentyeight of the Revised Statutes, relating to Malicious Mischief Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section thirteen of chapter one hundred and twenty-eight of the revised statutes is hereby amended by adding to said section after the word "owner" in the third line the words 'in writing,' and also by striking out of said section all after the word. "officers" in the fifth line of said section and inserting in place thereof the words 'in writing shall be punished for each offense by a fine of not less than five dollars nor more than twenty dollars together with costs,' so that said section thirteen, as amended, shall read as follows: section 13. chapter 128, R. S., amended. on fences,etc., 'Section 13. Whoever advertises his wares or occupation by Advertising painting notices of the same on, or affixing them to fences or forbidden. other private property, or to rocks or other natural objects, without the consent of the owner in writing, or if in the highway or any other public place, without the consent of the municipal officers in writing, shall be punished for each offense by a fine of violation. not less than five dollars nor more than twenty dollars together with costs.' -penalty for Approved March 7, 1905. Chapter 34. An Act to provide for recording Condemnation Proceedings. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Registers of deeds shall receive and record properly certified copies of the proceedings of any court, corporation, municipal body or other tribunal, through or by which the right of eminent domain has been or may hereafter be exercised to affect the title to real estate. Approved March 7, 1905. |