LIENS ON GOODS IN POSSESSION.-REGISTERS OF PROBATE. Chapter 218. An Act to amend section forty of chapter ninety-one of the Revised Statutes, relative to liens on goods in possession. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: 183 CHAP. 218 R. S., amended. Section forty of chapter ninety-one of the revised statutes Sec. 40, ch. 91, is hereby amended in the second line thereof by inserting after the word "judicial," the words 'or superior' so that said section, as amended, shall read as follows: 'SECT. 40. The person claiming the lien may file in the supreme judicial or superior court, in the county where he resides, or in the office of the clerk thereof, a petition briefly setting forth the nature and amount of his claim, a description of the article possessed, and the name and residence of its owners, if known to him, and a prayer for process to enforce his lien.' Approved March 14, 1883. Petition to be it. filed; contents of Chapter 219. An Act relating to Registers of Probate. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: R. S., amended. Register not to Section twenty of chapter sixty-three of the revised stat- Sec. 20, ch. 63, utes is hereby amended by adding after the word "therefrom" in the seventh line, the words, and any matter, petition, process or proceeding drawn, commenced or conducted by the register, or his agent or clerk, in the probate court of which he is register, in violation of this act, shall be void, and such register shall be liable in damages to the party Penalty. injured thereby.' Approved March 14, 1883. be counsel in cases incompati ble. CHAP. 211 running northerly, following the west lines of the towns of Wellington, Kingsbury, Blanchard and Shirley, and townships number three in the fifth range, and number two in the sixth range, to the Kennebec river; thence up and by the southerly bank of said river to Moosehead lake; thence northerly by the westerly margin of said lake to the easterly line of township W; thence northerly along the easterly line of township W and Seboomook township, to the northeast corner of said Seboomook township; thence westerly along its northerly line till it strikes the division line between the fifteenth and sixteenth ranges of townships west from the east line of the state; thence north on the division line between said fifteenth and sixteenth ranges to the southerly line of the county of Aroostook. Approved March 13, 1883. Sec. 1, ch. 64, public laws 1881 amended. Fees of jailers for support of prisoners. Chapter 211. An Act to amend section one of chapter sixty-four of the public laws of eighteen hundred and eighty-one, relating to the compensation of jailors for board of prisoners. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section one of chapter sixty-four of the public laws of eighteen hundred and eighty-one, is amended by adding the following words to said section: And in jails containing workshops, the jailers shall receive for every prisoner laboring in said shops, twenty-five cents per week, in addition to the sum above provided.' Approved March 13, 1883. bank, stating the several particulars mentioned in the follow- CHAP. 222 ing form, exhibiting in distinct columns the amounts due from the bank, and the resources of the bank, viz: CHAP. 213 Party granted divorce, shall not years, except by permission of court. party to the clerk of the court; and on such application, the clerk shall enter a final decree, unless the court has for sufficient cause, on application of any party interested, otherwise ordered. SECT. 4. After a divorce from the bonds of matrimony, marry within two the party on whose petition the divorce was granted, shall not marry again within two years after the entry of the final decree, except on permission granted by the court. The party against whom the divorce was granted, shall not marry again within two years from the entry of said decree, and not afterwards except on permission granted by the court. Libelee shall not marry again within two years; nor after, except by permission of court. Clerks of court to make return to all applications and decrees. SECT. 5. Within thirty days after the adjournment of secretary of state, any court having jurisdiction of divorce, the clerk thereof shall make return to the secretary of state of the applications and decrees nisi for the term, in cases of divorce, with the names of the parties and the causes for which the divorces were granted. And the secretary of state shall record the same in a book kept for that purpose. Act not to apply to any libel now pending. SECT. 6. The provisions of this bill shall not apply to any libel now pending. Approved March 13, 1883. Telephone companies to pay annual tax. Returns to be made to secretary of state. Chapter 213. An Act providing for the taxation of Telephone Companies. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Every telephone corporation, company or person doing business within the limits of this state, shall annually pay into the state treasury, a tax of two and one-half per cent on the value of any telephone line owned by said corporation, company or person, within the limits of this state, including all poles, wires, insulators, transmitters, telephones, batteries, instruments, telephonic apparatus, office furniture, and any circumstances or conditions which affect the value of the property. SECT. 2. Every such corporation, company or person shall annually, on or before the fifteenth day of April, return to the secretary of state, under the oath of its superintendent, Chapter 225. An Act to regulate practice in mandamus. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: CHAP. 225 and when pre thereon. reserved for full court. First writ, whence returnable. issued and how how answered. peremptory writ. SECT. 1. A petition for a writ of mandamus may be pre- Petition, to whom sented to a justice of the supreme judicial court in any sented. county, in term time or vacation, and such justice may, upon Proceedings due notice to all parties, hear and determine the same, or may reserve questions of law arising thereon, upon exceptions Questions of law, or otherwise, for the determination of the full court, which may hear and determine the same at any time, in any county, as justice shall seem to it to require. If, on such hearing, it is ordered that the writ issue, it may be issued from the clerk's office in any county, and be made returnable as the court shall direct. SECT. 2. When a writ of mandamus issues, the person Return to writ, required to make return thereto shall make his return to the first writ, and the person suing the writ may, by an answer, traverse any material facts contained in such return, or may demur thereto. If the party suing the writ maintains the issue on his part, his damages shall be assessed and a judg- Judgment and ment rendered, that he recover the same with costs, and that a peremptory writ of mandamus be granted; otherwise, the party making the return shall recover his costs. No action shall be maintained for a false return to a writ of mandamus. SECT. 3. The court may make rules, on a petition for the Third person writ, or upon and after the issuing of the first writ, calling upon any person having, or claiming, a right or interest in the subject matter, other than the party to whom the writ is prayed to be, or has been directed, to show cause against the issuing of the writ. If such person appears, he shall be heard in such manner as the court may direct, and, in proper cases, may be allowed to frame and sign the return to the first writ, and to stand as the real party in the proceedings. SECT. 4. If a third person is admitted, as is provided in the preceding section, the proceedings shall not abate or be discontinued by the death, resignation or removal from office by lapse of time or otherwise, of the person to whom the writ was directed, and any peremptory writ shall be directed to his successor. Approved March 14, 1883. Costs for prevail- ing party. false return. cited to show cause. May be heard and party. stand as real Proceedings not resignation, etc. to abate by death, |