CHAP. 41 Chapter 41. An Act providing penalties for non-feasance of duty by Sheriffs, Deputy Be it enacted by the Senate and House of Representatives in Section sixty-nine of chapter twenty-nine of the revised stat- Section 69, ,, chapter 29, R. utes is hereby amended by inserting after the word "witnesses," S., amended. in the ninth line, the words: 'Any sheriff, deputy sheriff, or county attorney, who shall wilfully or corruptly refuse or neglect to perform any of the duties required by this section, shall be punished by fine not exceeding one thousand dollars or by imprisonment not exceeding one year.' So that said section, as amended, shall read as follows: Duties of deputies and sheriffs, county -penalty for 'Section 69. Sheriffs and their deputies and county attorneys shall diligently and faithfully inquire into all violations of law, within their respective counties, and institute proceedings in case attorneys. of violations or supposed violations of law, and particularly the law against illegal sale of intoxicating liquors, and the keeping of drinking houses and tippling shops, gambling houses or places, and houses of ill-fame, either by promptly entering a complaint before a magistrate and executing the warrants issued thereon, or by furnishing the county attorney promptly and without delay, with the names of alleged offenders, and of the witnesses. Any sheriff, deputy sheriff or county attorney, who shall wilfully or corruptly refuse or neglect to perform any of the duties required by this section, shall be punished by fine not non feasance. exceeding one thousand dollars or by imprisonment not exceeding one year. For services under this section, sheriffs, and their deputies acting under their directions, shall receive the compensasame per diem compensation, as for attendance on the supreme judicial court, the same fees for travel as for the service of warrants in criminal cases, together with such necessary incidental expenses as are just and proper; bills for which shall be audited by the county commissioners, and paid from the county treasury. But said commissioners shall not allow any per diem. compensation to said sheriffs or their deputies for any day for which said sheriffs or their deputies are entitled to fees or compensation for attendance at or service in any court. The provisions of this section as to compensation of sheriffs and their deputies, and the provisions of section five of chapter one hundred and seventeen shall not apply to the sheriff of Cumberland county, and his deputies acting under the provisions of this section.' Approved March 8, 1905. tion for services. CHAP. 42 Section 76, chapter 48, R. S., amended. Incorporation of loan and building associations. Chapter 42. An Act to amend Section seventy-six, Chapter forty-eight, Revised Statutes, relating to Loan and Building Associations. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section seventy-six of chapter forty-eight of the revised statutes is hereby amended by striking out all of said section and inserting the following: 'Section 76. Except as hereinafter provided, no person, association or corporation shall carry on the business of accumulating and loaning or investing the savings of its members or of other persons in the manner of loan and building associations or carry on any business similar thereto within this state, unless incorporated under the laws thereof for such purpose.' Approved March 8, 1905. Section 60, chapter 93, R. S., amended. Lien on monumental works for two years, established. -by attachment. -attachment to be recorded. -or by petition. -petition shall be recorded. Chapter 43. An Act to amend Section sixty of Chapter ninety-three of the Revised Be it enacted by the Senate and House of Representatives in Section 1. Section sixty of chapter ninety-three of the revised statutes is hereby amended so that said section as amended, shall read as follows: 'Section 60. Whoever under express contract fixing the price to be paid by the other party thereto, sells, erects or furnishes any monument, tablet, headstone, vault, posts, curbing or other monumental work, has a lien thereon to secure the payment of such contract price, which continues for two years after the completion, delivery or erection of such monument, tablet, headstone, vault, posts, curbing or other monumental work, to be enforced by suit and attachment; such attachment to be recorded within said two years by the clerk of the town in which the property subject to the lien is then situated; or such lien may be enforced by petition setting forth the names and residences of the parties to the contract, the contract price, the sum due, the description and location of the property on which the lien is claimed and such other facts as are necessary to make it appear that such petitioner is entitled to an enforcement of such lien, and praying for judgment, for title and possession of the property therein described. Said petition, before service thereof, and within said two years, shall be recorded by the clerk of the CHAP. 44 -defendant shall be served with summons, copy of writ and petition. town in which such property is situated, and a certificate of such record endorsed thereon. The sum alleged to be due shall be deemed to be the damage demanded, and the petition, after being recorded, may be inserted in a writ, and made returnable, like other writs in transitory actions, before any court of competent jurisdiction. If the defendant is a known resident of the state he shall be served with a summons and copy of said writ and petition, otherwise the court, in term time or vacation, may order notice. If the petitioner prevails, he shall recover judgment for title and possession of the property on which the lien is claimed, and for his costs, and a possessary execution may issue. By virtue of such judgment the judgment creditor, if unopposed, may take possession and remove the property described in his execution, otherwise any officer qualified to serve civil process, having said execution, may take possession of said property and deliver the same to the judgment creditor, and shall make his return on said execution accordingly. Said -discharge of lien may be discharged at any time before final judgment by tendering the petitioner the amount of the debt and costs.' Section 2. This act shall take effect when approved. Approved March 8, 1905. lien. Chapter 44. An Act relating to the prevention, control and extinguishment of Forest Be it enacted by the Senate and House of Representatives in Forest established. districts to be fire warden. Section 1. The forest commissioner shall take measures for the prevention, control and extinguishment of forest fires in all plantations and unorganized townships, and to this end he shall establish such forest districts as he may deem necessary for effective protection against loss or damage by such fires. Section 2. The said commissioner shall appoint in and for Chief forest each of said districts, so established, a chief forest fire warden, and he shall also appoint within such districts such number of deputy forest fire wardens as in his judgment may be required repre to carry out the provisions of this act, assigning to each of the latter the territory over and within which he shall have jurisdiction. All chief and deputy forest fire wardens, so appointed, -tenure shall hold office during the pleasure of said commissioner, be sworn to the faithful discharge of their duties by any officer authorized to administer oaths, and a certificate thereof shall be returned to the office of such commissioner. forest fire wardens. of office. CHAP. 44 Duties of chief forest fire wardens. -shall patrol forests. -shall gather evidence. -shall arrest violators. -other duties. Section 3. The said chief forest fire wardens, under the direction of said commissioner, shall have general supervision of their respective districts and of the deputy forest fire wardens therein. Each chief forest fire warden, when directed by the said commissioner, shall patrol the forests of his district for the purpose of searching out, extinguishing and guarding against forest fires. He shall investigate and gather evidence regarding the causes of forest fires, enforce all laws relating to forests and forest preservation, arrest all violators thereof, prosecute all and prosecute offenses against the same and in this connection shall have the same power to serve criminal processes against such offenders and shall be allowed the same fees as a sheriff, or his deputy, for like services, and shall have and enjoy the same right as a sheriff to require aid in executing the duties of his office. Said chief forest fire wardens shall perform such other duties, at such times, and under such rules and regulations, as the said commissioner may prescribe, and each shall receive as compensation two dollars and fifty cents for each and every day of actual service, with an allowance for expenses of travel and subsistence not to exceed two dollars daily for such period. The said commissioner may authorize the employment of suitable persons to assist said chief forest fire wardens in patrolling their respective districts and every person so employed shall be paid fifteen cents for each hour of service so rendered by him and be provided with subsistence during such period. Deputy forest fire wardens shall perform such duties, at such times and under such rules and regulations, as the chief fire warden of the district, with the approval of said commissioner, may prescribe and they shall receive as compensation two dollars for each and every day of actual service. -compensa tion. -deputy forest fire warden. -duties of deputies. -compensa tion. Duties of when fire district of. Section 4. Whenever a fire occurs on, or is likely to do occurs within damage to forest lands within the district of any chief forest fire warden, he shall take immediate action to control and extinguish the same. If such fire occurs upon or is likely to do damage to forest lands within the territory of a deputy forest fire warden and the chief fire warden of the district is not present, then and in such case the deputy forest fire warden having jurisdiction of the territory shall forthwith proceed to control and extinguish the same, and he shall meanwhile, with all consistent dispatch, cause the said chief fire warden of the district to be notified of the occurrence of such fire. Until the arrival of the chief warden at the place of fire the deputy warden shall be in charge of the control and extinguishment of the same. For the purpose of controlling and extinguishing fires as aforesaid, chief forest fire wardens, and deputy forest fire wardens when in CHAP. 44 summon citizens to assist. of expenses, -statement when and to whom made. charge of the control and extinguishment of forest fires or when from what fund paid. Section 5. All expense incurred under the provisions of this Expenses, act shall be paid from the funds appropriated to and for the use of the forest commission. acts repealed. Section 6. All acts and parts of acts which are inconsistent inconsistent with the provisions of this act, are hereby repealed. Section 7. This act shall take effect when approved. Approved March 8, 1905. |