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CHAP.

55

-fees shall be

treasurer.

-compensa

expenses actually incurred. All sums of money received from
applicants for examination shall be accounted for and paid paid to state
quarterly to the treasurer of the state. But in no event shall
the compensation for services and expenses exceed the amounts tion limited
received by each board as fees from applicants in any one year.
Section 2. This act shall take effect on the first day of July, Act shall take
one thousand nine hundred and five.

Approved March 15, 1905.

to receipt.

effect July 1,
1905.

Chapter 55.

An Act to amend Chapter fifteen of the Revised Statutes, relating to the
Education of Youth.

Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:

Section forty of chapter fifteen of the revised statutes is hereby amended by striking out the word "twenty-five" in the second line of said section and inserting in place thereof the word 'twenty,' so that said section as amended, shall read as follows: 'Section 40. The school committees of two or more towns having under their care and custody an aggregate of not less than twenty nor more than fifty schools, may unite in the employment of a superintendent of schools, provided they have been so authorized by a vote of their towns at the regular town meetings, or special town meetings called for that purpose.' Approved March 15, 1905.

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Chapter 56.

An Act to fix the salary of the Governor.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

On and after January first, nineteen hundred and seven, the salary of the governor shall be three thousand dollars a year, payable quarterly on the first days of January, April, July and October.

Approved March 15, 1905.

Salary of
governor.

CHAP. 57

Lien on vehicles.

Lien shall. havel precedence.

Lien shall be
filed in office

of town clerk
within 30
days after
labor is
performed.

-fees for record.

Inaccuracy

of statement does not invalidate validity

of lien.

Enforcement of lien.

Chapter 57.

An Act additional to Chapter ninety-three of the Revised Statutes, relating to Mechanics' Liens.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section I. Whoever performs labor by himself or his employees in manufacturing, or repairing the ironwork or woodwork of wagons, carts, sleighs and other vehicles by direction or consent of the owner thereof, shall have a lien on such vehicle for his reasonable charges for said labor and materials used.

Section 2. Such lien shall have precedence of all other claims and incumbrances on said vehicles not made to secure a similar lien and may be enforced as hereinafter specified; said lien, however, shall be dissolved if said property has actually changed ownership prior to the filing of said lien claim in the town clerk's office as herein required.

Section 3. The lien mentioned in the preceding sections shall be dissolved unless the claimant within thirty days after the labor is performed, files in the office of the clerk of the town in which the owner of such vehicle resides a true statement of the amount due him for such labor with all just credits given together with a description of the vehicle manufactured or repaired sufficient to identify it and the name of the owner, 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 the clerk, who is entitled to the same fees therefor as for recording mortgages.

Section 4. No inaccuracy in such statement relating to said property, if the same can be reasonably recognized, or in stating the amount due for labor or materials invalidates the proceedings, unless it appears that the person making it wilfully claims more than his due.

Section 5. Such lien may be enforced by a writ of attachment at any time within ninety days after the labor is performed and not afterwards, provided said lien claim is duly filed as herein required.

Approved March 15, 1905.

CHAP. 58

Chapter 58.

An Act to amend Chapter thirty-four, Section three of the Revised Statutes, relating to Notaries Public.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section 3,

R. S.,

amended.

Section 1. Section three of chapter thirty-four of the revised statutes is hereby amended by striking out in the fourth line R thereof after the word "notaries," the following words: "take depositions and do any official act which may be performed by a justice of the peace; take acknowledgment of deeds and other instruments, and administer oaths in all cases where a justice of the peace can act; certify country products;" also by striking out after the word "law," in the tenth line, the words "and shall record at length, in a book of records, all acts, protests, depositions, and other things, by him noted or done in his official capacity;" also by adding at the end of said section the following words: 'he may do all things that justices of the peace are or may be authorized to do and shall have the same territorial jurisdiction; he shall record all mercantile and marine protests by him noted and done in his official capacity,' so that said section as amended, shall read as follows:

'Section 3. He may, in behalf of any person interested, present any bill of exchange or other negotiable paper for acceptance or payment to any party liable therefor; notify indorsers or other parties thereto; record and certify all contracts usually recorded or certified by notaries; and in general, do all acts which may be done by notaries public according to the usages. of merchants, and authorized by law; he may do all things that justices of the peace are or may be authorized to do and shall have the same territorial jurisdiction; he shall record all mercantile and marine protests by him noted and done in his official capacity.'

Powers and duties of.

validated.

Section 2. This act shall apply to notaries public already Former acts appointed and shall validate any acts heretofore done by them which would be valid hereunder.

Approved March 15, 1905.

CHAP. 59

Section 8, chapter 117, R. S., amended.

Fees of constables.

Chapter 59.

An Act to amend Section eight of Chapter one hundred and seventeen of the Revised Statutes, relating to Constables.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section I. Section eight of chapter one hundred and seventeen of the revised statutes is hereby amended by striking out in the first line of said section the word "travel" and inserting in the second line of said section after the word "cents" the following, 'and for travel six cents a mile each way,' so that said section as amended, shall read as follows:

'Section 8. The fees of constables for the service and return of each venire, are one dollar and fifty cents, and for travel six cents a mile each way, to be paid out of the county treasury; and for services which may be performed either by a deputy sheriff or a constable, the constable is allowed the same fees as a deputy sheriff, unless otherwise provided.'

Section 2. This act shall take effect when approved.

Approved March 15, 1905.

Section 101, chapter 4, R. S., amended.

Municipal authorities shall make

rules for the

Chapter 60.

An Act to amend Section one hundred and one of Chapter four of the
Revised Statutes, relating to Harbors.

Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:

That section one hundred and one of chapter four of the revised statutes be amended by substituting for the word "may" wherever it appears in said section the word 'shall,' so that said section as amended, shall read as follows:

'Section 101. The municipal authorities of all maritime towns and plantations shall make rules and regulations for the keeping keeping open open of convenient channels for the passage of vessels in the harbors and waterways of the towns for which they act, and shall establish the boundary lines of such channels, and assign suitable portions of their harbors for anchorages.'

of harbors.

Approved March 15, 1905.

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An Act to amend Section twenty-three of Chapter eighty-three of the
Revised Statutes, relating to Orders for Service.

Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:

CHAP. 61

chapter 83,

R. S.,

amended.

Section twenty-three of chapter eighty-three of the revised Section 23, statutes is hereby amended by adding thereto the following: 'but no first order for service shall be made at any other than the return term; and no subsequent order, if any person interested objects thereto unless for good cause shown,' so that said section, as amended, shall read as follows:

'Section 23. When the property of a defendant is attached on a writ, and no service is made on him before entry, or if service in any case is defective for any cause, without fault of the plaintiff or his attorney, the court may order a new service, which, when made, is as effectual as if proper service had been made in the first instance; but no first order for service shall be made at any other than the return term; and no subsequent order, if any person interested objects thereto unless for good cause shown.'

Approved March 15, 1905.

New service,
provisions

for.

Chapter 62.

An Act to amend Section twelve of Chapter one hundred and forty of the
Revised Statutes, relating to Coroner's Inquests.

Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:

Section twelve of chapter one hundred and forty of the revised statutes is hereby amended by striking out the fifth, sixth, seventh and eighth lines and inserting in the place thereof the following, 'party giving notice that a dead body has been found, and the person who picked up such dead body, and the person who has had the care of such body until taken charge of by the coroner, shall be paid a suitable compensation by the county for their personal services,' so that said section as amended, shall read as follows:

'Section 12. The coroner, whether an inquest is held or not, the jurors, witnesses and any other person required to summon jurors or witnesses, shall be allowed, in addition to the regular fees, a sum sufficient to make a reasonable compensation for all their services and expenses, and the party giving notice that a dead body has been found, and the person who picked up such dead body, and the person who has had the care of such body until taken charge of by the coroner, shall be paid a suitable compensation by the county for their personal services.'

Approved March 15, 1905.

Section 12,

chapter 140, R.

S., amended.

Compensa-
tion of
coroners.

-compensa
tion of party

giving notice
of finding of
dead body.

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