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CHAP. 121

forests of state without having certificate, amended. Section nine of said chapter one hundred and seventy-three is hereby amended by inserting after the word "firearm" in the first, third, and fifth lines thereof, the words 'or fishing tackle,' and by inserting after the word "hunting" in the last line of said section, the words 'or fishing,' so that said section, as amended, shall read as follows:

'Sec. 9. Possession of fishing tackle in forests or on waters of state, without certificate, prima facie evidence of violation of law. The possession of any firearm or fishing tackle in the fields or forests or on the waters or ice of the state by a resident of this state, unless the person having such firearm or fishing tackle in possession has in his possession a certificate of registration as herein provided, duly issued to him and covering the period such firearm or fishing tackle is found in his possession, or gives satisfactory evidence of the issuance of such certificate, shall be prima facie evidence of hunting or fishing in violation of this act.'

Sec. 8. P. L., 1919, c. 173, sec. 10; relating to penalties, amended. Section ten of said chapter one hundred and seventy-three is hereby amended by inserting after the word "hunting" in the fifth and sixth lines thereof the words 'or fishing,' so that said section, as amended, shall read as follows:

'Sec. 10. Application of law enlarged so as to include penalty for fishing. Any person who violates any of the provisions of sections one, two, three, four, five or six of this act, or who permits another person to have or use a certificate issued to him, or who shall change or alter the same in any manner, or who has or uses any certificate issued to another person, or who shall guide a resident of this state while hunting or fishing, who has not a certificate as provided herein, shall be punished by a fine of not less than five dollars nor more than twenty-five dollars and costs of prosecution for each offense.'

Sec. 9. P. L., 1919, c. 173, sec. 12; relating to limitation of rights of holder of certificate, amended. Section twelve of said chapter one hundred and seventy-three is hereby amended by inserting after the word "birds" in the third line thereof the words 'or inland fish,' so that said section, as amended, shall read as follows:

'Sec. 12. Certificate not to give holder rights of fishing or transporting otherwise prohibited. Nothing contained in this act shall authorize the hunting, pursuing, taking, catching, killing, destroying, having in possession or transporting any wild animals or wild birds, or any inland fish, or parts thereof, contrary to the laws now in force or hereafter enacted.'

Sec. 10. P. L., 1919, c. 173; amended by adding new section. Chapter

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one hundred and seventy-three of the public laws of nineteen hundred and nineteen is hereby further amended by adding thereto the following section: 'Sec. 13. Persons in possession of hunter's registration certificates not required to take out new certificate; combination certificates to be issued hereafter. Any person who, at the time this act becomes effective, has in his possession a hunter's registration certificate issued in accordance with the provisions of said chapter one hundred and seventy-three of the public laws of nineteen hundred and nineteen, shall be construed as being equipped with the combination hunting and fishing certificate required by this act.

'All such certificates issued after this act takes effect shall be combination hunting and fishing certificates, as provided herein, the same to be in the form prescribed and upon blanks furnished by the several town, city and plantation clerks of the state by the commissioner of inland fisheries and game, as provided in section two of said chapter one hundred and seventy-three of the public laws of nineteen hundred and nineteen.'

Approved March 31, 1923.

Chapter 122.

An Act to Amend Section Ten of Chapter One Hundred and Eighteen of the Revised Statutes, Relating to Costs to be Taxed for Parties and Attorneys.

Be it enacted by the People of the State of Maine, as follows:

R. S., c. 118, sec. 10; relating to costs taxed for parties and attorneys in civil causes, amended. Section ten of chapter one hundred eighteen of the revised statutes is hereby amended by adding to said section the following words:

'The allowance for travel and attendance to parties recovering costs in the supreme judicial or superior courts shall be limited to two terms and every other term at which a trial is had except in addition thereto in case a demurrer, plea in abatement, or motion to dismiss is filed by the defendant, the prevailing party in such three last named proceedings shall be allowed travel and attendance in such action for not exceeding two additional terms. The court may for good and sufficient cause order such allowance for additional terms in all actions before it. No referee shall allow costs in any proceedings in excess of the above provisions,' so that said section, as amended, shall read as follows:

'Sec. 1o. Allowance for travel and attendance limited to two terms; exceptions; referees' allowance of costs limited. Costs allowed to parties. and attorneys in civil actions shall be as follows: to parties recovering costs before a trial justice, thirty-three cents for each day's attendance,

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and the same for every ten miles' travel; to parties recovering costs in the supreme judicial or superior courts, thirty-three cents for every ten miles' travel, and three dollars and fifty cents for attendance at each term until the action is disposed of, unless the court otherwise directs.

Costs for travel shall be taxed for the prevailing party in civil suits, according to the distance of said party or his attorney who resides nearest to the place of trial, unless said prevailing party or his attorney who resides farthest from said place of trial actually travels the greater distance for the special purpose of attending court in such cause, in which case costs shall be taxed for said last named distance, and when the action is in the name of an indorsee, and the plaintiff is the prevailing party, such costs for travel shall be taxed according to the distance of the attorney, payee or indorsee, who is nearest to the place of trial, unless the attorney, payee or indorsee, residing the greater distance from said place of trial, actually travels such greater distance for the special purpose of attending court in said cause. But no costs for travel shall be allowed for more than ten miles' distance from any justice, municipal or police court, nor for more than forty miles' distance from any other court, unless the plaintiff prevailing actually travels a greater distance, or the adverse party, if he recovers costs, by himself, his agent or attorney, in fact travels a greater distance for the special purpose of attending court in such cause.

For a power of attorney, fifty cents; and for the plaintiff's declaration, fifty cents in the supreme judicial or superior courts, but no fee for a power shall be taxed before any municipal or police court or trial justice, unless otherwise specially provided in the act establishing such court. For an issue in law or fact, there shall be allowed for an attorney's fee, two dollars and fifty cents in the supreme judicial or superior courts. A fee of five dollars shall be taxed on the plaintiff's costs for making up a conditional judgment under section ten of chapter ninety-five.

In cases of forcible entry and detainer, parties shall be allowed the same costs as in ordinary civil actions.

A party summoned as trustee and required to attend court and make a disclosure, shall be entitled to costs as follows: If the claim sued for does not exceed twenty dollars, such trustee shall be entitled to travel and attendance and twenty-five cents for the oath; and if the claim sued for exceeds twenty dollars, such trustee shall be entitled to two dollars and fifty cents in addition to the above fee, and when required to attend court for further examination such trustee shall be entitled to travel and attend

ance.

In all municipal and police courts the amount of costs allowed in civil

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actions shall depend upon the amount recovered and not upon the ad damnum in the writ; and the allowance for travel and attendance to parties recovering costs in municipal and police courts, or before any trial justice shall be limited to three terms, except that the court may, for good and sufficient cause, order such allowance for additional terms.

No costs shall accrue, be taxed or allowed, for any precept required in legal proceedings, whether in law or equity, unless the same shall issue from and bear the indorsement of an attorney at law.

The allowance for travel and attendance to parties recovering costs in the supreme judicial or superior courts shall be limited to two terms and every other term at which a trial is had except in addition thereto in case a demurrer, plea in abatement, or motion to dismiss is filed by the defendant, the prevailing party in such three last named proceedings shall be allowed travel and attendance in such action for not exceeding two additional terms. The court may for good and sufficient cause order such allowance for additional terms in all actions before it. No referee shall allow costs in any proceedings in excess of the above provisions.'

Approved March 31, 1923.

Chapter 123.

An Act to Amend Section Twenty-nine of Chapter Thirty-three of the Revised Statutes, as Amended by Chapters Two Hundred and Nineteen and Two Hundred and Forty-four of the Public Laws of Nineteen Hundred and Seventeen and Chapter One Hundred and Ninety-six of the Public Laws of Nineteen Hundred and Nineteen, Relating to Transportation of Fish Under Tag Without Owner Accompanying the Same.

Be it enacted by the People of the State of Maine, as follows:

R. S., c. 33, sec. 29; P. L., 1917, c. 219 and 244; 1919, c. 196; relating to transportation of fish, amended. Section twenty-nine of chapter thirtythree of the revised statutes as amended by chapter two hundred and nineteen of the public laws of nineteen hundred and seventeen, as amended by chapter two hundred and forty-four of the public laws of nineteen hundred and seventeen and chapter one hundred and ninety-six of the public laws of nineteen hundred and nineteen, is hereby amended by inserting after the word "days" in the fifteenth line thereof the words 'provided, however, that ten pounds of fish or one fish taken legally in Moosehead lake or in any other waters in Piscataquis county may be sent, as herein provided, under a transportation tag whenever the same are legally in possession of the shipper during open season on said fish,' and by striking out the words "thirty days" in the twentieth line of said section and by substituting therefor the words 'one year,' so that said section, as amended, shall read as follows:

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'Sec. 29. Fish caught in Moosehead lake, or other Piscataquis county waters, may be transported at any time when in legal possession of shipper. No landlocked salmon, trout, togue, black bass or white perch shall be carried or transported in any way except in the possession of the owner, accompanied by him, plainly labeled with the owner's name and address, and open to view, except any person who has lawfully in his possession one landlocked salmon, one trout, one togue, one black bass or one white perch, or ten pounds of any kind of these fish, may transport the same to his home, provided the same is shipped in his own name, or to any hospital in this state, without accompanying the shipment, by purchasing of an agent duly appointed therefor by the commissioner of inland fisheries and game a transportation tag, paying for a landlocked salmon, trout, togue, or black bass, one dollar for each, or one dollar for each ten pounds of the same, and fifty cents for one white perch or ten pounds of the same; provided, however, that no person shall send more than one shipment of fish under a transportation tag, as provided in this section, once in five days; provided, however, that ten pounds of fish or one fish taken legally in Moosehead lake or in any other waters in Piscataquis county may be sent as herein provided under a transportation tag whenever the same are legally in possession of the shipper during the open season on said fish; provided, further, that ten pounds of fish or one fish taken legally in Rangeley lake, Mooselucmeguntic lake, Cupsuptic lake, Upper Richardson lake, so-called, or Lower Richardson lake, so-called, said lakes being the Rangeley chain of lakes, so-called, may be sent as herein provided under a transportation tag only once in one year. Whoever violates any provision of this section shall pay a fine of not less than ten, nor more than thirty dollars and costs for each offense, and in addition thereto one dollar for each pound of fish transported in violation of any provision of this section.'

Approved March 31, 1923.

Chapter 124.

An Act to Amend Section Fifty-two of Chapter One Hundred and Seventeen of the Revised Statutes, as Amended by Chapter Thirty-four of the Public Laws of Nineteen Hundred and Nineteen, Relating to the Board of Osteopathic Examination and Registration.

Be it enacted by the People of the State of Maine, as follows:

Sec. 1. R. S., c. 117, sec. 52; P. L., 1919, c. 34; relating to compensation. of examining boards, amended. Section fifty-two of chapter one hundred and seventeen of the revised statutes, as amended by chapter thirty-four of the public laws of nineteen hundred and nineteen, is hereby further amended by inserting after the words "dental examiners" in the second

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