the individuals named therein a certificate in substance as CHAP. 137 follows: Whereas, and commissioners appointed by Form of certifi the governor and council of the state, under authority of the Now, therefore, know all men by these presents, that I, , agent of the Penobscot tribe of Indians, do hereby assign, set out and confirm to said lot of land. To have and to hold to him, his heirs and assigns, during the pleasure of the legislature. In witness whereof, I have hereunto set my hand and seal as agent of the Penobscot tribe of Indians, this of dred and day in the year of our Lord one thousand eight hun Agent of the Penobscot cate. Return and certi ficates to be recorded. SECT. 6. Said agent shall record the return of the commissioners as made to him, and also the aforesaid certificates, when issued, in duplicate books suitable for the purpose, prepared with proper indexes, one of which shall be kept by said agent and his successors for ready reference, and the other shall be deposited in the registry of deeds of Penobscot county, to be kept as other records are there kept. For issuing the certificates aforesaid, making up the records as Compensation of herein provided, and for such services as he may be called upon to render said commissioners in the performance of their duties, said agent shall receive such compensation as the governor and council may allow. agent for services. Any Indian holdcertificate, may another. ing land under convey same to SECT. 7. Any Indian holding lands under the foregoing certificate, or by virtue of any assignment under the laws relating to the apportionment of the lands of said Penobscot tribe, may sell and convey the same to any member of the same tribe, with the approval of the agent; provided, that no Indian shall hereafter be permitted to purchase lands upon Proviso. the reservation of said tribe beyond his fair proportion of such reservation. be by release SECT. 8. Conveyances made by virtue of section seven of Conveyances to this act shall be by release deed, duly executed and acknowl- deed. edged, and shall have the approval of the agent written thereon; and said deed and approval shall be recorded by the to be recorded. CHAP. 137 agent without fee, in a book kept by him for that purpose, and by the register of deeds of Penobscot county, in a like book kept in the registry of deeds in said county, upon payment of twenty-five cents for each deed so recorded. And -until recorded, until recorded as herein provided, no deed made as aforesaid shall be operative to pass any title whatever. not operative. Record of death of owner and description of lots to be kept. Deeds made and deposited with agent may be delivered after in certain cases. SECT. 9. It shall also be the duty of the agent of said tribe to enter upon his record, a memorandum of the death of any Indian owning lands, the date of such death, a description of the lot or lots owned by the deceased, and the names of those, so far as ascertainable, who are entitled to such lands by inheritance. SECT. 10. Deeds made by any Indian of the Penobscot tribe as in section eight, may be deposited with the agent of death of grantor, said tribe, to be delivered by him to the grantee named therein, after the death of the grantor, if the fact that such deed is so deposited to be so delivered, shall appear by the deed itself; and when delivered by said agent, it shall have the effect to pass all the title the grantor had in the premises described therein at the time of his death. Assignments of unassigned lands, to whom made. -to be accompanied by certificate of agent. Form of certificate SECT. 11. Assignments hereafter made of unassigned lands of the tribe, shall be to members who never have had assigned to them their proportion of the tribe's lands, or to whom no such assigned portion has ever come by way of inheritance, or who do not already hold by assignment, purchase or otherwise, their fair share of said lands; and shall be accompanied by a certificate from the agent, to be recorded as in section eight of this act, which shall be in form substantially as follows: Know all men by these presents, that I, agent of the Penobscot tribe of Indians, have caused to be surveyed To have and to hold to him, his heirs and assigns, as contemplated by said acts during the will of the legislature. In witness whereof, I have hereunto set my hand and seal as agent of the Penobscot tribe of Indians, this day of and in the year of our Lord one thousand eight hundred of common schools to make awards. on blanks prepared and sent out by him, of the amount CHAP. 129 appropriated, and also the amount expended by each town or school district for instruction in such free high school or schools during the current year; also of the amount appropriated and the amount expended for common school purposes by each town or school district maintaining such free high school or schools; the number of weeks which such school or schools have been taught; the wages paid each teacher; the number of pupils registered; the average attendance; the number of pupils in each branch of study pursued and the amount received for tuition. If the superintendent of common schools shall be satisfied that the provisions of this act Superintendent have been complied with, he shall certify to the governor and council the sum which each town or district is entitled to receive from the state under this chapter. If any town or district is dissatisfied with the decision of the superintendent of common schools, such town or district may appeal to the appeal. governor and council. The governor and council shall issue a certificate to the treasurer of the town or agent of the district for such amount as they may adjudge such town or district is entitled to receive from the state treasury. Any person or persons connected with the management of such free high schools, either as teacher, school agent, school com- Penalty for demittee or supervisor, who shall in any way aid or abet in defrauding the state into the payment in support of said schools of more than is contemplated by the spirit and tenor of this act, shall be punished by a fine of not less than five hundred dollars, or by imprisonment in the county jail for not less than one year.' Governor and council to certify amount to treas urer. frauding state. Treasurer of state to apportion school funds. SECT. 2. Section ninety-two of chapter eleven of the revised statutes is hereby amended so as to read as follows: 'SECT. 92. The treasurer shall immediately after the first day of July, apportion to the towns all state school funds for the year according to the list of children furnished by the superintendent of common schools, as provided in section. seventy-four. The number of scholars belonging to a town Basis when refrom which either the school committee or the municipal made." authorities thereof have failed to make the returns required by law, shall be reckoned by taking the number used as the basis of the last apportionment and deducting all scholars set off to other towns or incorporated into a new town within a turns are not CHAP. 130 year, and one-tenth of the remainder, and the residue shall be the basis of a new apportionment. Immediately after making the apportionment, the treasurer shall notify each town of its proportion, which shall not be paid to any town until its returns are made to the superintendent of common schools.' Not to be paid until return is made. Approved February 17, 1883. Fines recovered for violation of fish and game laws, how disposed of. Proviso. Inconsistent acts repealed. Chapter 130. An Act relating to fines and penalties recovered for violation of the fish and game laws. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. All fines and penalties hereafter recovered for the violation of chapters fifty and seventy-five of the public laws of eighteen hundred and seventy-eight, and all acts amendatory thereof, and of all laws now in force in this state for the protection of fish and game, shall be paid one-half to the complainant and one-half to any game and fish protective society or other sportsmen's association, which shall have been organized under the laws of Maine, and which may be located in the county where the said fines and penalties are recovered; provided, the said society or association shall expend the same in the propagation and cultivation of trout and salmon for the fresh water lakes and ponds of Maine, to be done under the direction and supervision of the fish commissioners. In case there may be more than one such society or association located in the county where said fines and penalties are recovered, the fish commissioners shall designate which society the money shall be paid to, or they may cause the same to be divided between them. If there is no such society or association in the county where such fines and penalties are recovered, then such fines and penalties shall be paid to the state fish commissioners, who shall appropriate the same as they may deem proper. SECT. 2. All acts or parts of acts inconsistent with this act are hereby repealed. SECT. 3. This act shall take effect when approved. Approved February 17, 1883. Chapter 131. An Act to amend section twelve of chapter eighty-three of the Revised Statutes of eighteen hundred and seventy-one, relating to the duties of trial justices. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: CHAP. 131 R. S., amended, That the words "is unable to " in the first line thereof, be Sec. 12, ch. 83, stricken out and the word 'fails' inserted in lieu thereof, and that all the words after the word "if" in the seventh line thereof, to and including the word "continuance" in the ninth line thereof, be stricken out and the words 'said trial justice, who so appointed such time and place, or before whom such writ is returnable, fails to attend at the time and place fixed in such continuance, such action then and there,' be inserted in lieu thereof, so that said section, as amended, shall read as follows: When justice is unable to attend, another may continue. SECT. 12. When a trial justice fails to attend at the time and place appointed by him for the trial of any suit already entered, or at which any writ is returnable before him, any other trial justice who might legally try the same, or any justice of the peace and quorum, residing in the same or adjoining town, may attend and continue such action once, Proceedings. to a day certain, not exceeding thirty days, and note the fact on the writ, and in his own docket; and if said trial justice, who so appointed such time and place, or before whom such. writ is returnable, fails to attend at the time and place fixed in such continuance, such action then and there may be entered before, and tried by some other trial justice of the same town, or if none such resides therein, then before some trial justice of the same county, who may render judgment and issue execution as if the action had been originally returnable before him.' Approved February 17, 1883. |