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CHAP. 57

Chapter 57.

An Act to Amend Section_Seventy-five of Chapter Forty-five of the Revised Statutes Relating to the Taking of Smelts.

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

Sec. 1. R. S., c. 45, sec. 75; relating to taking of smelts in Narraguagus river, amended. Section seventy-five of chapter forty-five of the revised statutes, is hereby amended by inserting after the words "County of Washington" in the third line thereof, the words 'nor in any manner in the tidal waters of Pennamaquan bay and river, East bay, and all that part of Cobscook bay lying northerly and westerly of a line drawn from Birch point, in the Town of Perry, to Leighton's point, in the Town of Pembroke, and the coves and inlets tributary to said bays, except by hook and line,' so that said section, as amended, shall read as follows:

'Sec. 75. Taking smelts prohibited in Pennamaquan bay and river, East bay and part of Cobscook bay. No person shall take any smelts by means of purse or drag seines of any kind in the tide-waters of Narraguagus river or bay, so-called, in the County of Washington, nor in any manner in the tidal waters of Pennamaquan bay and river, East bay and all that part of Cobscook bay lying northerly and westerly of a line drawn from Birch point, in the Town of Perry, to Leighton's point, in the Town of Pembroke, and the coves and inlets tributary to said bays, except by hook and line, under a penalty of fifty dollars for each offense, to be recovered by complaint or indictment, one-half to the use of the complainant, and onehalf to the inhabitants of the town in which the offense is committed for the benefit of schools.'

Sec. 2. Not apply to herring weirs. The provisions of this act do not apply to weirs in said waters erected and maintained for the taking of herring.

Approved March 19, 1923.

Chapter 58.

An Act to Amend Sections One and Seven of Chapter One Hundred and Eighty-two of the Public Laws of Nineteen Hundred and Nineteen, Relating to Commitments to the State Reformatory for Men.

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

Sec. 1. P. L., 1919, c. 182, sec. 1; relating to establishment of a reformatory for men, amended. Section one of chapter one hundred and eightytwo of the public laws of nineteen hundred and nineteen is hereby amended by inserting after the word "years" in the second line of said section the words 'and under the age of thirty-six years,' so that said section, as amended, shall read as follows:

CHAP. 58

'Sec. I. No commitments of men over 36 yrs. of age permitted. The state shall establish and maintain a reformatory in which all males over the age of sixteen years and under the age of thirty-six years who have been convicted of or have pleaded guilty to crime in the courts of this state or of the United States, and who have been duly sentenced and removed thereto, shall be imprisoned and detained in accordance with the sentences or orders of said courts and the rules and regulations of said reformatory.'

Sec. 2. P. L., 1919, c. 182, sec. 7; relating to indeterminate sentences to reformatory, amended. Section seven of chapter one hundred and eightytwo of the public laws of nineteen hundred and nineteen is hereby amended by adding after the word "years" in the first line of the first paragraph of said section the words 'and under the age of thirty-six years,' and by striking out all after the word "thereof" in the eighth line of the first paragraph of said section and inserting in place thereof the following, 'but no man committed to the reformatory as aforesaid shall be held for more than five years if sentenced for a felony; nor for more than three years if sentenced for a misdemeanor after a prior conviction of crime, otherwise for not more than one year,' so that said section, as amended, shall read as follows:

'Sec. 7. Limitations of sentences of persons committed for felony, misdemeanors, etc., fixed. When a male over the age of sixteen years and under the age of thirty-six years is convicted before any court or trial justice having jurisdiction of the offense, of an offense punishable by imprisonment in the state prison, or in any county jail, or in any house of correction, such court or trial justice may order his commitment to the reformatory for men, or sentence him to the punishment provided by law for the same offense. When a male is sentenced to the reformatory for men, the court or trial justice imposing the sentence shall not prescribe the limit thereof, but no man committed to the reformatory as aforesaid shall be held for more than five years if sentenced for a felony; nor for more than three years if sentenced for a misdemeanor after a prior conviction of crime, otherwise for not more than one year.

'If through oversight, or otherwise, any person be sentenced to imprisonment in the said reformatory for men for a definite period of time, said sentence for that reason shall not be void; but the person so sentenced shall be entitled to the benefit, and subject to the provisions of this act, in the same manner and to the same extent as if the sentence had been in the terms required by this act. In such cases said trustees shall deliver to such offender a copy of this act.'

Approved March 19, 1923.

CHAP. 59

Chapter 59.

An Act to Amend Section Seventy-eight of Chapter Sixteen of the Revised Statutes to Provide Transportation for Pupils who Live on Islands on Which There Are No Secondary Schools and from Which Regular Transportation Lines Are Established.

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

R. S., c. 16, sec. 78; relating to free high schools, conveyance of pupils, state aid, etc., amended. Section seventy-eight of chapter sixteen of the revised statutes is hereby amended by inserting after the word "committee" in the ninth line thereof the following: 'Provided, that in cases of pupils whose residence is on islands within towns and cities and on which there is no secondary school and from which regular transportation lines are established and in operation, said towns and cities shall pay transportation charges of said children; provided, however, that such transportation shall be over regular lines, at not to exceed regular fares and no subsidy; provided, also, that transportation lines shall have the privilege of establishing such school fares, not to exceed the regular fares as may be agreed upon by the officials of said transportation lines and the school board or school committee of the town or city of which said islands are a part,' so that said section, as amended, shall read as follows:

'Sec. 78. Conveyance of pupils resident on islands provided for. Any town may establish and maintain not exceeding two free high schools; and in such case shall receive the same state aid as if the expenditure for both schools had been made for one. Two or more adjoining towns may unite in establishing and maintaining a free high school, and both shall receive the same state aid as if such school had been maintained by one town. Any town may, in addition to the sums raised for the support of high and common schools, raise and appropriate a sum for the payment of conveyance of pupils attending secondary schools, said sum to be expended under the direction of the superintending school committee. Provided, that in cases of pupils who reside on islands within towns and cities and on which there is no secondary school and from which regular transportation lines are established and in operation, said towns and cities shall pay transportation charges of said children; provided, however, that such transportation shall be over regular lines, at not to exceed regular fares and no subsidy; provided, also, that transportation lines shall have the privilege of establishing such school fares not to exceed the regular fare, as may be agreed upon by the officials of said transportation lines and the school board or school committee of the town or city of which said islands are a part. Towns shall receive in trust and faithfully expend gifts and bequests made to aid in the maintenance of free high schools, and shall receive aid in such cases to the same extent and on the same conditions as if such schools had been estab

CHAP. 60

lished and maintained by taxation; and any town shall receive such state aid on any expenditure for a free high school or schools, made from the funds or proceeds of the real estate of an academy or incorporated institution of learning, surrendered or transferred to such town for educational purposes; but if any part of the money so paid by the state, is expended for any other purpose than the support of such free high schools, as provided by this section, then each person so misapplying said money forfeits double the sum so misapplied, to be recovered in an action of debt, in the name and to the use of the town, by any inhabitant thereof; and no town shall receive further support from the state for any free high school, until the amount so received, but misapplied, has been raised and expended for such free high schools by such town.'

Approved March 19, 1923.

Chapter 60.

An Act to Amend Sections Ninety-two and Ninety-four of Chapter Eighty-two of the Revised Statutes, Relating to Procedure in Civil Cases in Superior Courts.

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

Sec. 1. R. S., c. 82, sec. 92; relating to proceedings in jury trial cases in superior courts, amended. Section ninety-two of chapter eighty-two of the revised statutes is hereby amended by striking out the first thirteen lines thereof and the words "desire, at chambers" in the fourteenth line thereof and by striking out the words "If the defendant does not file his" in the sixteenth line thereof and all of the seventeenth and eighteenth lines thereof and the words "to file a plea or otherwise lawfully disposes of the action" in the nineteenth line thereof, so that said section, as amended, shall read as follows:

'Sec. 92. Notice for request for jury trial, and requirement to file pleadings within fourteen days, eliminated. When a defendant, legally served, does not appear by himself or attorney within the first three days of the term, he shall be defaulted as in the supreme judicial court. All actions duly answered to shall be in order for trial at the next term after entry, and shall be so tried, except for good cause. Appeals shall be entered by the appellant as in the supreme judicial court, and shall be in order for trial at the first term.'

Sec. 2. R. S., c. 82, sec. 94; relating to overruled demurrers in superior courts, repealed. Section ninety-four of chapter eighty-two of the revised statutes is hereby repealed.

Sec. 3. Proceedings where demurrers are filed governed by supreme judicial court rules. The proceedings of the superior courts in cases in which

CHAP. 61

special or general demurrers are filed shall be governed by the statutes and rules applicable to similar proceedings in the supreme judicial court.

Approved March 20, 1923.

Chapter 61.

An Act to Amend Section One Hundred and Twenty-nine of Chapter Three Hundred and One of the Public Laws of Nineteen Hundred and Seventeen, Relating to the Care and Treatment of Certain Infectious Diseases.

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

P. L., 1917, c. 301, sec. 129; relating to treatment of persons afflicted with venereal disease who are inmates of charitable and correctional institutions, amended. Section one hundred and twenty-nine of chapter three hundred and one of the public laws of nineteen hundred and seventeen is hereby amended by striking out all of said section following the word "observed" in the twelfth line thereof, so that said section, as amended, shall read as follows:

'Sec. 129. Provision for holding inmates for treatment after expiration of sentence, eliminated. Any inmate of any state, county or municipal charitable or correctional institution, or any dependent child supported or partially supported by public funds, afflicted or suspected of being afflicted with venereal disease, shall forthwith be placed under medical treatment, and, if in the opinion of the attending physician, it is necessary, shall be isolated until danger of contagion is passed. Such case shall be immediately reported to the state board of health in accordance with the latter's rules and regulations, provided that such rules and regulations shall not require information disclosing the identity of any dependent or delinquent child, and the rules and regulations of the state board of health for the examination, testing and treatment of cases of venereal disease shall be faithfully observed.'

Approved March 19, 1923.

Chapter 62.

An Act to Promote the Production and Sale of Certified Seed and to Protect the Branding Thereof, and Repealing Chapter One Hundred and Forty-one of the Public Laws of Nineteen Hundred and Seventeen.

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

Sec. 1. Certified seed, defined. The term certified seed as used in this act shall be deemed to mean such vegetable seeds as shall have been grown and prepared for sale in accordance with regulations laid down by the commissioner of agriculture.

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