How a person unrecorded deed, may be compelled to have it recorded. 'SECT. 27. A person having an interest in real estate of CHAP. 39 which any prior grantee has an unrecorded deed or other holding an evidence of title, may give the latter personal notice in writing to have the same recorded; and if he neglects to have it so recorded for thirty days, a justice of the supreme judicial court, in session or vacation, on complaint, may cause said grantee or his heirs to be brought before him for examination, and unless sufficient cause is shown for such neglect, may order such deed or other evidence of title to be recorded, and the cost paid by the respondent, together with the legal fees of the register for recording such deed or other evidence of title.' Approved February 21, 1895. Chapter 39. An Act to amend section one, chapter ninety-one of the Revised Statutes, relating to Mortgages of Personal Property. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: R. S., Section one of chapter ninety-one of the revised statutes sec. 1, ch. 91, is hereby amended by inserting after the word "resides" in amended. line five, the words when the mortgage is given,' and by inserting after the word "reside" in line nine, the words when the mortgage is given,' so that said section as amended, shall read as follows: personal valid except property not between the recorded by Pession is parties, unless town clerk, or taken. -when to be 'SECT. 1. No mortgage of personal property is valid Mortgages of against any other person than the parties thereto, unless possession of such property is delivered to, and retained by the mortgagee, or the mortgage is recorded by the clerk of the city, town or plantation organized for any purpose, in which the mortgagor resides, when the mortgage is given. When all the mortgagors reside without the state, the mortgage shall be recorded in said city, town or plantation, where recorded. the property is when the mortgage is made; but if a part of the mortgagors reside in the state, then in the cities, towns or plantation in which such mortgagors reside, when the mortgage is given. A mortgage made by a corporation, shall be recorded in the town where it has its established place of business. If any mortgagor resides in an unorganized place, the mortgage shall be recorded in the oldest adjoining town or plantation, organized as aforesaid, in the county.' Approved February 21, 1895. CHAP. 40 Sec. 20, ch. 304, of 1891, amended. Sessions of boards. Chapter 40. An Act to amend section twenty of chapter three hundred and four of the Public Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section twenty of said chapter is hereby amended by striking out the word "twenty-five" in the fourth and fifth lines, and substituting therefor the word 'nineteen,' so that said section as amended, shall read as follows: "SECT. 20. Said boards of registration shall be in session from nine in the forenoon to one o'clock in the afternoon, and from three to five o'clock in the afternoon, and from seven to nine o'clock in the afternoon, in cities of not less than nineteen thousand inhabitants, on each of the twelve secular days next prior to any election; on the first nine of said secular days, to receive evidence touching the qualifications of voters therein, and to revise and correct the voting lists, and on the latter three of said secular days, to enable the board to verify the correctness of said lists and to complete and close up its records of said sessions. And in all other cities, for the same purpose, and at the same hours on each of the five secular days next prior to any election, the first four thereof to be devoted to registration as above, and the last one of said secular days to enable the board to verify the correctness of said lists and to complete and close up its records of said session. And on the last of said secular days, at five o'clock in the afternoon, certified copies of said voting lists shall be delivered to the clerks of said cities and receipts taken therefor, except that on the last of said days devoted to registration and on the last of said days devoted to the records as above, the sessions of the board shall close at five o'clock in the afternoon, but no name shall be added to or stricken from said lists after five o'clock in the afternoon of the last of said days devoted to registration as above. Said board shall not -names shall place upon said lists during said revision of the same, name of any person who shall not personally appear before said board and request it, and during said time said board -names shall shall revise and correct the voting lists. And the wardens of to or stricken cities shall be governed by said revised and corrected lists; and no names shall be added to or stricken from said lists on the day of election, and no person shall vote at any election not be placed upon lists, unless by request. not be added from lists on election day. the -how voter may be allowed to name has been omitted from vote, whose erroneously list. whose name is not on said lists. No board of registration CHAP. 41 shall be answerable for any omission of a name or residence from the voting lists or for any error in the same, unless such name and residence are correctly entered in the general register of voters; but on the day of election said board shall be in session, and shall give to any registered voter whose name has been omitted from the voting list, or in whose name or residence as placed on said voting list a clerical error has been made, a certificate signed by a majority of the board, giving the corrected name and residence of such person, and directed to the officer presiding over the election; such officer shall on receipt of such certificate, allow the person therein named to vote and shall check his name on the certificate, and securely attach the certificate to the voting list. Should this act be in full force and effect at the municipal elections in said cities for the year one thousand eight hundred and ninety-five, then no further notice shall be given by the clerks of said cities than is now required by law.' SECT. 2. This act shall take effect when approved. Approved February 21, 1895. Chapter 41. An Act to amend section three of chapter sixty-seven of the Revised Statutes, relating to Appointment of Guardians. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section three of chapter sixty-seven of the revised statutes, as amended by chapter two hundred and seventy-five of the public laws of eighteen hundred and ninety-three, is hereby amended by striking out from the third, fourth, fifth and sixth lines thereof, the following words, namely: "but the father if competent, otherwise the mother if competent, shall have the care of the person and education of the minor," and inserting in place thereof, the following, namely: but the care of the person and the education of the minor, shall be jointly with the father and mother, if competent; or if one has deceased, with the survivor, if competent,' so that said section as amended, shall read as follows: CHAP. 42 Power over minor's 'person and property. Sec. 20, repealed. 'SECT. 3. Such guardian shall have the care and management of all his ward's estate, and continue in office until the ward is twenty-one years of age, unless sooner lawfully discharged; but the care of the person, and the education of the minor, shall be jointly with the father and mother, if competent, or if one has deceased, with the survivor, if competent; otherwise these duties devolve on the guardian; and in any case, the judge may decree them to him, if he deems it for the welfare of the minor, until his further order.' SECT. 2. Section twenty of said chapter sixty-seven is hereby repealed. Approved February 21, 1895. Sec. 11, ch. 186, Public Laws of 1889, amended. State treasurer to pay to societies not provided for Chapter 42. An Act to amend section eleven of chapter one hundred eigh y-six of the Public Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section eleven, chapter one hundred eighty-six of the publie laws of one thousand eight hundred and eighty-nine is hereby amended by inserting after the word "societies" in the seventh line of said section, the words 'provided, that the stipend shall here with be based entirely upon the premiums and gratuities awarded on exhibition stock and products', and by adding to said section the following words 'provided also, that each of the said societies shall cause the prohibitory liquor law to be enforced on all grounds over which they have control, and not allow gambling in any form, or games of chance on said grounds.' So that the section as amended, shall read as follows: 'SECT. 11. There shall be appropriated annually from the state treasury, a sum of money not exceeding one cent to each by special law, inhabitant of the state, which shall be divided among the proportion to legally incorporated agricultural societies of the state not pro amount in premiums awarded. - proviso. vided for by special enactment, according to the amount of premiums and gratuities awarded by said societies, provided, that the stipend shall herewith be based entirely upon the premiums and gratuities awarded on exhibition stock and -exceptions. products, and provided that no society shall receive from the CHAP. 43 state a sum greater than that actually raised and paid by the society for said purposes. But the Penobscot and Aroostook Union Agricultural Society may annually receive as much as is raised by it, not exceeding one hundred dollars, without regard to population, and the Waldo and Penobscot Agricultural Society, as much as is raised by it, not exceeding two hundred and fifty dollars, and the Ossipee Valley Union Agricultural Society, not exceeding two hundred dollars; provided also, that each of the said societies shall cause the prohibitory liquor law to be enforced on all grounds over which they have control, and not allow gambling in any form, or games of chance on said grounds.' Approved February 23, 1895. Chapter 43. An Act in relation to the care and custody of Minor Children. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Fathers and mothers shall jointly have the care Fathers and and custody of the person of their minor children. mothers jointly, have care of minor children. When parents judge may live apart, decide which parent shall have care of minor. SECT. 2. If the father and mother of a minor child are living apart from each other, the judge of probate in the county where either resides, on petition of either, and after such notice to the other as he may order, may decree which parent shall have the care and custody of the person of such minor as the good of the child may require; which decree shall be in force until further order of the judge of probate. SECT. 3. An appeal shall lie from the decree of the judge of probate to the supreme court of probate, which appeal be taken to shall be heard and determined by the justice presiding, but the decree of the judge of probate shall be in force until reversed. SECT. 4. This act shall not be construed to deprive the supreme judicial court of its jurisdiction over the care and custody of minor children, under the provisions of sections six and seventeen of chapter sixty of the revised statutes, relating to divorce proceedings. Approved February 23, 1895. Appeals may S. J. Court. This act shall S. J. Court of jurisdiction, under provis not deprive ions of ch. 60 R. S. |