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CHAP. 143

Hunting deer or

caribou with

dogs, prohibited.

-penalty.

Hunting from

Jan. 1 to Oct. 1, prohibited.

'SECT. 4. No person shall hunt, kill or destroy with dogs, any deer or caribou within this state under a penalty of forty dollars for every such deer or caribou so hunted, killed or destroyed; and no person shall, between the first day of January and the first day of October, in any manner hunt, kill or destroy any deer or caribou, under the same penalty as above provided. Any person may lawfully kill any dog found hunting moose, deer or caribou.'

Approved February 24, 1883.

Sec 6, ch. 120. public laws amended.

Chapter 143.

An Act amending section six, chapter one hundred and twenty, of the Public Laws of eighteen hundred and seventy-six, relative to profile paper.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1.

Section six, chapter one hundred and twenty of Pende 1876, the public laws of eighteen hundred and seventy-six, shall be amended so that in the fifth and sixth lines, instead of the words "a vertical scale of ten to one compared to the hori zontal scale," there shall be the words 'the relative scales of pofile paper in common use,' so that the first sentence of section six, chapter one hundred and twenty, shall read: Every corporation organized under this act, before commencing the construction of its road, shall present to the board of railroad commissioners a petition for approval of location, accompanied with a map of the proposed route on an appropriate scale, and with a profile of the line on the relative scales of profile paper in common use, and with a report and estimate prepared by a skillful engineer from actual survey.'

Petition for approval of location.

SECT. 2. This act shall take effect when approved.

Approved February 24, 1883.

FISH AND GAME.-JUDGE OF PROBATE OF ANDROSCOGGIN COUNTY.

Chapter 158.

An Act relating to seizure of fish and game under the fish and game laws.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

129

CHAP. 158

Fish or game

seized for violation of law, may

be returned to

owner,

given.

if bond is

Any person whose fish or game has been seized for violation of any fish or game law, shall have such fish or game so seized returned to him on giving to the officer a bond with sufficient sureties, residents of this state, in double the amount of the fine for such violation; conditioned, that if Condition. the final judgment for such alleged violation shall be guilty, he will, within thirty days thereafter pay such fine and costs. If such person neglects or refuses to give such bond and take the fish or game so seized, he shall have no action against the officer for such seizure or loss thereof.

Approved March 2, 1883.

Chapter 159.

An Act establishing the salary of the Judge of Probate for the county of Andros

coggin.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. The judge of probate for the county of Androscoggin shall receive an annual salary from the treasury of said county of four hundred dollars, payable quarterly, on the first days of January, April, July and October in each year, beginning on the first day of April, eighteen hundred and eighty-three, instead of the salary now provided by law. SECT. 2. All acts and parts of acts inconsistent with this act are hereby repealed.

Approved March 2, 1883.

Salary of judge of

probate for Aa

droscoggin Co.

established.

CHAP. 145

Sec. 14, ch. 50, public laws 1878, amended.

Killing, &c., of insectivorous

-penalty.

Chapter 145.

An Act to amend section fourteen of chapter fifty of the Public Laws of eighteen hundred and seventy-eight, relating to insectivorous birds.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section fourteen of chapter fifty of the public laws of eighteen hundred and seventy-eight, is hereby amended by adding thereto the following words, viz: 'under a penalty of not less than one dollar, nor more than five dollars for each of said birds killed, and the possession by any person of such dead bird, shall be prima facie evidence that such person killed such bird,' so that as amended, said section will read as follows:

'SECT. 14. No person shall kill, or have in his possession, birds, prohibited. except alive, any of the birds commonly known as larks, robins, swallows, sparrows or orioles, or other insectivorous birds, crows and hawks excepted, under a penalty of not less than one dollar, nor more than five dollars, for each of said birds killed, and the possession by any person of such dead bird, shall be prima facie evidence that such person killed such bird.'

Approved February 26, 1883.

Supposed claimant to real estate

may be com

pelled to bring

Chapter 146.

An Act providing that a party in possession of real property may petition to compel supposed claimant of such property to bring action to try his title.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. Any person in possession of real property, claiming an estate of freehold therein, or an unexpired term action to try title. of not less than ten years, may file a petition in the supreme judicial court setting forth his estate, whether of inheritance for life, or for years, describing the premises, averring that he is credibly informed and believes that some person or persons named in the petition makes some claim adverse to his estate, and praying that such person or persons may be summoned to show cause why they should not bring an action Enjoyment of an to try their alleged title. A person who is in the enjoyment cient possession of an easement shall be held to be in possession of real

easement, suffi

for such purpose.

Chapter 163.

An Act in relation to the jurisdiction of the Municipal Court of the city of Portland. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section four of chapter two hundred and four of the public laws of eighteen hundred and fifty-six, is hereby amended by striking out the word "twenty" where it occurs in the third line, and the words, "and on conviction, award such sentence as is by law provided for such offenses," and inserting in their stead, the word thirty,' and the words of the offenses described in section four of chapter one hundred and thirtytwo of the revised statutes, when they are not of a high and aggravated nature, and, on conviction, may punish by fine not exceeding twenty dollars, or by imprisonment in the county jail not exceeding six months. And of the offenses described in section four of chapter one hundred and fortyone of the revised statutes, and, on conviction, may punish by imprisonment in the county or city house of correction, not exceeding six months,' so that said section, as amended, shall read as follows:

SECT. 4. The said court may take cognizance of simple larcenies, when the property alleged to be stolen shall not exceed in value, thirty dollars; of offenses described in section four of chapter one hundred and thirty-two of the revised statutes, when they are not of a high and aggravated nature, and, on conviction, may punish by fine not exceeding twenty dollars, or by imprisonment in the county jail not exceeding six months. And of offenses described in section four of chapter one hundred and forty-one of the revised statutes, and, on conviction, may punish by imprisonment in the county or city house of correction, not exceeding six months. And have exclusive jurisdiction of all offenses against the by-laws of said city; and in prosecutions on such, by law, they need not be recited in the complaint, nor in allegations therein be more particular than in prosecutions on a public statute.'

Approved March 2, 1883.

CHAP. 163

Sec. 4, ch. 204.

public laws 1856

amended.

Jurisdiction in

cases of larceny,

breaches of peace

vagabondage and

offenses against

city by-laws.

CHAP. 148

Ch. 56, public laws 1878, and

ch. 48, public

laws 1875,

repealed.

Chapter 148.

An Act to repeal chapter fifty-six of the Public Laws of eighteen hundred and seventyeight, and the first and second sections of chapter forty-eight of the Public Laws of eighteen hundred and seventy-five, relating to the public debt.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. Chapter fifty-six of the public laws of eighteen sections 1 and 2, hundred and seventy-eight, entitled, "An Act to amend chapter forty-eight of the public laws of eighteen hundred and seventy-five, relating to the public debt," and the first and second sections of chapter forty-eight of the public laws of eighteen hundred and seventy-five, entitled, "An Act renewing a portion of the public debt, discontinuing the sinking fund of eighteen hundred and sixty-five, and abolishing the office of commissioner of the sinking fund," are hereby repealed.

SECT. 2. This act shall take effect when approved.

Approved February 26, 1883.

Congressional apportionment.

Blection of representatives.

Chapter 149.

An Act to apportion the state for representatives to Congress. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

SECT. 1. The counties of York and Cumberland shall compose the first district, and be entitled to one representative. The counties of Oxford, Franklin, Androscoggin, Sagadahoc, Knox and Lincoln shall compose the second district, and be entitled to one representative. The counties of Kennebec, Somerset, Waldo and Hancock shall compose the third district, and be entitled to one representative. The counties of Penobscot, Piscataquis, Aroostook and Washington shall compose the fourth district, and be entitled to one representative.

SECT. 2. The election of representatives to congress shall take place and be on the second Monday of September, one thousand eight hundred and eighty-four, and thereafter biennially.

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