CHAP. 85 clerk of inland fisheries and ing expenses to be audited by the governor and council. The salary of the clerk of the commissioners of inland fisheries and salary of game shall be seven hundred and fifty dollars, and the salary of the clerk to the land agent and forest commissioner shall be one thousand dollars. The governor and council may allow such salary of sum as may be necessary for extra clerk hire, to be paid out of license fees. game. clerk to land agent. -extra clerk hire. Salaries quarterly. repealed. Section 3. Said salaries are payable quarterly, on the first days of January, April, July and October of each year, from the payable state treasury, and are in full for all services performed by them in their official capacities. Section 4. So much of section twenty-two of chapter thirty- Part of sec. 22 two of the revised statutes, as provides that the governor and council may allow the commissioners of inland fisheries and game, from the funds received from licenses and fines, such compensation as they may deem just and fair for the additional work required of them in carrying out the provisions of this section and the two following sections, is hereby repealed. Section 5. This act shall take effect on the first day of July When act one thousand nine hundred and five. shall take effect. Approved March 17, 1905. Chapter 85. An Act to provide for the appointment of Receivers of Corporations. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section 1. Whenever any corporation shall become insolvent, Proceedings for obtaining or be in imminent danger of insolvency, or whenever through injunction. fraud, neglect or gross mismanagement of its affairs, or through attachment, litigation or otherwise, its estate and effects are in danger of being wasted or lost, or whenever it has ceased to do business, or its charter has expired or been forfeited, upon -billin application of any creditor or stockholder by bill in equity filed equity. in the supreme judicial court in the county in which it has an established place of business, or in which it held its last stockholders' meeting, upon which bill such notice shall be given as may be ordered by any justice of such court, in term time or vacation, such court may, if it finds that sufficient cause exists, issue an injunction, both temporary and permanent, restraining said corporation, its officers and agents, from receiving any moneys, paying any debts, selling or transferring any assets of the corporation, or exercising any of its privileges or franchises until further order, and may at any time make a decree dissolving said corporation. Section 2. At the time of ordering any such injunction or at any time afterwards during its continuance, such court may also appoint one or more receivers to wind up the affairs of the company, who shall be duly sworn, and give bond in such sum and upon such conditions as such court shall determine, and shall at all times be subject to the direction and control of the court, which may at any time remove said receiver and appoint another in his place. All attachments made within thirty days before the filing of any such bill in equity, wherein a receiver is so appointed, shall thereupon be dissolved. Section 3. Such receiver shall have power to institute or defend suits at law or in equity, in his own name as receiver, to demand, collect and receive all property and assets of said corporation, to sell, transfer, or otherwise convert the same into cash, and to conduct and carry on the business of said corporation, as ordered by the court, if it appears for the best interests of all concerned. He shall report to the court at least as often as every six months a statement of all the assets and liabilities of said corporation, and from time to time shall distribute the assets of said corporation as provided in section seventy-nine of chapter forty-seven. Section 4. Whenever a receiver is appointed as above, the court shall limit a time, not less than four months, of which decree notice shall be given, within which all claims against said corporation shall be presented, and make such order for the manner of hearing and proving same as may be just and proper, and all claims not so presented shall be forever barred. Section 5. Said court may in its discretion, in lieu of decreeing the dissolution of such corporation, order the receiver to sell its property and franchises; and the purchaser thereof shall succeed to all the rights and privileges of such corporation, and may reorganize the same under the direction of said court. At any sale of such property at public auction, the court may, in its discretion, authorize the receiver to accept in payment, duly allowed claims against such corporation, at a proper valuation. Section 6. The court shall have jurisdiction in equity of all proceedings hereunder and may make such orders and decrees as equity may require. Section 7. Section seventy-eight of chapter forty-seven of the revised statutes is hereby repealed. Approved March 17, 1905. CHAP. 86 Chapter 86. An Act to amend Chapter ten of the Revised Statutes, relating to the Be it enacted by the Senate and House of Representatives in Section I. Section eighty-eight of chapter ten of the revised statutes is hereby amended, so as to read as follows: 'Section 88. Warrants for state taxes on organized plantations taxed by the state as wild lands shall be sent by the treasurer of state to the assessors of each plantation in which such lands are situated in the month of April of each year. Section 88, chapter 10, R. S., amended. Treasurer of send state shall warrants for state taxes, to plantation assessors. County com missioners shall issue warrants for county taxes. chapter 10, amended. Plantation In the month of April of each year the county commissioners of each county shall issue to the assessors of each organized plantation taxed by the state as wild land their warrant for the amount of county taxes apportioned to said plantation.' Section 2. Section eighty-nine of said chapter of the revised Section 89, statutes is hereby amended, so as to read as follows: 'Section 89. The assessors of such plantation shall add the amounts of said state and county taxes certified to them by the treasurer of the state and the county commissioners to their assessment for plantation purposes, and assess the same on the real and personal property in such plantation to the owner or person in possession in accordance with their valuation thereof, including such overlay, not exceeding five per cent thereof, as a fractional division renders convenient.' assessors state and shall assess county tax with assesss ment for plantation purposes. Section 3. Section ninety of said chapter ten is hereby Section 90, amended, so as to read as follows: 'Section 90. In July of each year said assessors shall commit the same with a warrant in the usual form to a collector of taxes, to be elected by said plantation at its annual meeting, or in default thereof to be appointed by said assessors, directing him to collect and transmit the said state taxes to the treasurer of the state by December first next after the date of commitment, and also directing him to collect and transmit the said county taxes to the county treasurer by December first next after the date of commitment.' chapter 10, amended. Taxes shall be committed to collector in July of each year. Section 4. Section ninety-one of said chapter is hereby section 91, amended, so as to read as follows: chapter 10, amended. bond. 'Section 91. Said collector shall give bond to the plantation collector in such sum and with such sureties as the assessors thereof shall give require, and said assessors shall agree with him as to his compenation, which shall be paid by the plantation.' Section 5. Section ninety-two of said chapter is hereby Section 92, amended, so as to read as follows: chapter 10, amended. CHAP. 87 Collector shall settle with assessors by December 10. -interest on unpaid taxes. Section 93, chapter 10, amended. Lien on real estate, how enforced. Inconsistent acts repealed. This act shall take effect January 1, 1906. 'Section 92. Said collector shall settle with the assessors by the tenth day of December of each year, and return to them his collection list, showing the amounts received or unpaid on each tax in his list. On all such taxes then unpaid, interest shall be added from the first day of December preceding at twenty per cent until paid. The clerk of the plantation shall record in a book kept for that purpose such returned collector's list with the collector's return thereon showing the amounts received or unpaid on each tax in the list, which record shall be evidence of the facts therein stated.' Section 6. Section ninety-three of said chapter is hereby amended, so as to read as follows: 'Section 93. The lien on real estate created by section three of chapter nine for the payment of taxes assessed under the five preceding sections may be enforced at any time within one year from the time when said collection lists are returned to said assessors, in the following manner: The assessors may order the collector to bring an action of debt in the name of the plantation, in the supreme judicial court in the county where the land lies, to collect such unpaid taxes with interest, against the person to whom the property is assessed, and the proceedings in such actions shall be the same as provided in section twentyeight of this chapter, except that the preliminary notice and demand for payment of said tax as provided in said section shall not be required.' Section 7. All acts and parts of acts inconsistent herewith, are hereby repealed. Section 8. This act shall take effect January first, nineteen hundred and six. Approved March 18, 1905. Riparian proprietors may ship trout under certain restrictions. Chapter 87. An Act relative to the Artificial Cultivation of Fish by riparian proprietors. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section I. It shall be lawful hereafter for riparian proprietors legally engaged in the artificial culture and maintenance of trout, on their own land and in their own enclosed waters, acting under the direction and written permission of the commissioners of inland fisheries and game, to ship, transport or carry trout taken from their own ponds, without accompanying the shipment in person and without the payment of a license fee for each shipment. CHAP. -shall not close time. 88 Provided, however, that nothing in this act shall be construed to allow the shipment of trout, at a season when the catching ship trout in of trout is prohibited by the laws of the state of Maine. Section 2. This act shall take effect when approved. Approved March 18, 1905. Chapter 88. An Act for the encouragement, development and conservation of the Be it enacted by the Senate and House of Representatives in A snm not to exceed $1,000 may be expended for of shellfish industry. Section 1. The commissioner of sea and shore fisheries is hereby authorized and directed to expend from the moneys appropriated for the year nineteen hundred and five, for the development protection of sea and shore fisheries, so much thereof, not exceeding the sum of one thousand dollars, as may be found necessary to make such experiments as in his judgment are necessary to conserve, extend, encourage, develop, improve and increase the shellfish industry in this state; and he is authorized, during the year nineteen hundred and six, to expend from the same appropriation and for the same purposes, not exceeding the sum of one thousand dollars, if in his judgment such expenditure can be judiciously made in the prosecution of the purposes and objects of this act. commis. and shore sioner of sea fisheries may take land, for purposes of this act. -not to acres in one location. Section 2. Said commissioner, in addition to the authority granted him under the provisions of section forty of chapter thirty-two of the revised statutes, may, for the purposes of this act, take any shore rights, flats and waters not exceeding an area of two acres in extent at any one location, and ho'd the same for a period not exceeding ten years; and such location exceed two when so taken may be used by said conmissioner, or by the United States commissioner of fish and fisheries, in the prosecution of the work of fish culture and scientific research relative to shellfish, or other fish over which said commissioner now has supervision; and whenever said commissioner shall deem it necessary in the furtherance of the objects and purposes of this act to take any such shore rights, flats and waters, he shall proceed in accordance with the provisions of section forty of chapter thirty-two; and in addition thereto shall cause a copy of so much of the proceedings as will show the character and extent of the shore rights, flats and waters taken, and also the location thereof, and time for which taken, to be posted near copy of proceedings -shall file and location of land taken. |