CHAP. 191 Sec. 72. Rights may be enforced by action. Where any right, duty or liability is declared by this act, it may, unless otherwise by this act provided, be enforced by action. Sec. 73. Rule for cases not provided for by this act. In any case not provided for in this act, the rules of law and equity, including the law merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall continue to apply to contracts to sell and to sales of goods. Sec. 74. Interpretation shall give effect to purpose of uniformity. This act shall be so interpreted and construed, as to effectuate its general purpose to make uniform the laws of those states which enact it. Sec. 75. Provisions not applicable to mortgages. The provisions of this act relating to contracts to sell and to sales do not apply, unless so stated, to any transaction in the form of a contract to sell or a sale which is intended to operate by way of mortgage, pledge, charge, or other security. Sec. 76. Definitions. (1) In this act, unless the context or subject matter otherwise requires "Action" includes counterclaim, set-off and suit in equity. "Buyer" means a person who buys or agrees to buy goods or any legal successor in interest of such person. "Defendant" includes a plaintiff against whom a right of set-off or counterclaim is asserted. "Delivery" means voluntary transfer of possession from one person to another. "Divisible contract to sell or sale" means a contract to sell or a sale in which by its terms the price for a portion or portions of the goods less than the whole is fixed or ascertainable by computation. "Document of title to goods" includes any bill of lading, dock warrant, warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business in the sale or transfer of goods, as proof of the possession or control of the goods, or authorizing or purporting to authorize the possessor of the document to transfer or receive, either by indorsement or by delivery, goods represented by such document. "Fault" means wrongful act or default. CHAP. 191 "Fungible goods" means goods of which any unit is from its nature or by mercantile usage treated as the equivalent of any other unit. "Future goods" means goods to be manufactured or acquired by the seller after the making of the contract of sale. "Goods" include all chattels personal other than things in action and money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. "Order" in sections of this act relating to documents of title means an order by indorsement on the documents. "Person" includes a corporation or partnership or two or more persons having a joint or common interest. "Plaintiff" includes defendant asserting a right of set-off or counter claim. "Property" means the general property in goods, and not merely at special property. "Purchaser" includes mortgagee and pledgee. "Purchases" includes taking as a mortgagee or as a pledgee. "Quality of goods" includes their state or condition. "Sale" includes a bargain and sale as well as a sale and delivery. "Seller" means a person who sells or agrees to sell goods, or any legal successor in the interest of such person. "Specific goods" means goods identified and agreed upon at the time a contract to sell or a sale is made. "Value" is any consideration sufficient to support a simple contract. An antecedent or pre-existing claim, whether for money or not, constitutes value where goods or documents of titles are taken either in satisfaction thereof or as security therefor. (2) A thing is done "in good faith" within the meaning of this act when it is in fact done honestly, whether it be done negligently or not. (3) A person is insolvent within the meaning of this act who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he is insolvent within the meaning of the federal bankruptcy law or not. CHAP. 192 (4) Goods are in a "deliverable state" within the meaning of this act when they are in such a state that the buyer would, under the contract, be bound to take delivery of them. Sec. 77. Act does not apply to existing sales or contracts to sell. None of the provisions of this act shall apply to any sale, or to any contract to sell, made prior to the taking effect of this act. Sec. 78. Uniform warehouse receipts act or uniform bills of lading act not affected. Nothing in this act or in any repealing clause thereof shall be construed to repeal or limit any of the provisions of the Act to Make Uniform the Law of Warehouse Receipts, or of the Act to Make Uniform the Law of Bills of Lading. Sec. 79. Inconsistent acts repealed. All acts or parts of acts inconsistent with this act are hereby repealed except as provided in section seventy-eight. Sec. 80. Name of act. This act may be cited as the Uniform Sales Act. Approved April 4, 1923. Chapter 192. An Act to Amend Section Thirty-seven of Chapter One Hundred and Seventeen of the Revised Statutes, as Amended, Relating to the Salary of County Attorney of Somerset County. Be it enacted by the People of the State of Maine, as follows: R. S., c. 117, sec. 37, as amended 1917, 1921; relating to salaries of county attorneys, amended. Section thirty-seven of chapter one hundred seventeen of the revised statutes as amended by the public laws of nineteen hundred and seventeen, nineteen and twenty-one is hereby amended, by striking out the words "eight hundred and fifty dollars" in the sixteenth line thereof and inserting in place thereof the words 'one thousand dollars,' so that said section, as amended, shall read as follows: 'Sec. 37. Salary in Somerset county increased to $1000. County attorneys of the several counties. shall receive annual salaries from the state treasury in monthly payments on the last day of each month, as follows: 'Androscoggin, fifteen hundred dollars, 'Aroostook, fifteen hundred dollars, 'Cumberland, two thousand dollars, 'Franklin, five hundred dollars, 'Hancock, seven hundred and fifty dollars, 'Kennebec, fourteen hundred dollars, 'Knox, seven hundred dollars, CHAP. 193 'Lincoln, seven hundred dollars, 'Washington, nine hundred dollars, 'York, twelve hundred dollars, and no other fees, costs or emoluments shall be allowed them. The assistant county attorney for the county of Cumberland, twelve hundred dollars. He shall hold his office during the term of the county attorney by whom he was appointed, subject to removal at any time by the justice of the superior court for said county.' Approved April 4, 1923. Chapter 193. An Act to Amend Chapter Three Hundred and Nineteen of the Public Laws of Nineteen Hundred and Fifteen, as Amended by Chapter Three Hundred and Four of the Public Laws of Nineteen Hundred and Seventeen, and by Chapters One Hundred and Forty, One Hundred and Sixty-two and Two Hundred and Forty-three of the Public Laws of Nineteen Hundred and Nineteen, and by Chapters Fifty, and One Hundred and Forty-three of the Public Laws of Nineteen Hundred and Twenty-one, Providing for State and County Aid in the Construction of Highway Bridges. Be it enacted by the People of the State of Maine, as follows: Sec. I. P. L., 1915, c. 319, sec. 1; 1917, c. 304; 1919, c. 140; relating to aid in construction of highway bridges, amended. Section one of chapter three hundred and nineteen of the public laws of nineteen hundred and fifteen, as amended by section one of chapter three hundred and four of the public laws of nineteen hundred and seventeen and by chapter one hundred and forty of the public laws of nineteen hundred and nineteen, is hereby further amended by striking out all of said section and substituting therefor the following section, so that said section as amended, shall read as follows: I. 'Sec. 1. Municipal officers of towns and cities may petition county commissioners and state highway commission when deemed necessary to build or rebuild a bridge; county commissioners may petition state highway commission relating to bridges in unorganized townships; constitution of joint boards; powers and duties of joint boards; records. When the municipal officers of any town or city deem that any bridge on any main thoroughfare must be built or rebuilt they may petition the commissioners of the county in which said bridge is, or may be built or rebuilt, and the state highway commission to meet with them for the purpose of examining into and determining whether public convenience and neces CHAP. 193 sity require the building or rebuilding of said bridge. The petition shall be sent to the state highway commission and upon its receipt said commission shall transmit a copy thereof to the county commissioners referred to above. The state highway commission shall make such surveys and investigations as it may deem important and necessary for the preparation of survey plans and estimates of cost of construction. 'The municipal officers of the town or city together with the county. commissioners and the state highway commission shall constitute a joint board to determine whether or not the bridge is or may be built on a main thoroughfare; whether or not public convenience and necessity require the building or rebuilding of said bridge and to determine the type of construction and general dimensions; furthermore, this board shall determine the estimated cost of construction. Said board shall keep or cause to be kept a written record of its doings, including its findings as to preliminary facts necessary to its organization and jurisdiction. The decision of said board, or a majority thereof, upon any matter within its jurisdiction shall be final and conclusive, and the record of its findings upon all preliminary matters shall be prima facie evidence of the truth thereof. The state highway commission shall appoint the time and place for the meeting of said board and give such notice thereof as it shall deem reasonable and proper. When the county commissioners of any county deem that any bridge on any main thoroughfare in any unorganized township in said county must be built or rebuilt they may petition the state highway commission for the purpose of forming a joint board composed of said county commissioners and the state highway commission. This joint board shall possess all the powers and prerogatives of joint boards constituted as described in the second paragraph of this section. The state highway commission shall make such surveys and investigations as it may deem important and necessary for the preparation of survey plans and estimates of cost of construction, and shall appoint the time and place for the meeting of said board and give such notice thereof as it shall deem reasonable and proper. 'When the state highway commission shall deem that any bridge on any state or state aid highway must be built or rebuilt it may notify the municipal officers of the town or city, or the county commissioners having jurisdiction of the roads in any unorganized township in which said bridge. is located or may be built, and the county commissioners of the county in which said bridge is located or may be built or rebuilt, to meet with it for the purpose of forming a joint board possessing the same powers. and prerogatives as a joint board formed in response to a petition emanat |