९ SECT. 2. Section twenty-seven of said chapter eighteen CHAP. 246 is also amended by adding thereto the following: When Sec. 27, amended. town or private ways are finally located by municipal officers, unless the land is entered upon and possession taken for said purpose within two years after the laying out or alteration, the proceedings shall be void,' so that said section shall read as follows: be 'SECT. 27. Where a town, private or highway, is wholly or partly discontinued by the commissioners, a time is to be fixed for it. And when laid out by them, the way is to regarded as discontinued, if not opened within six years from the time allowed therefor. When town or private ways are finally located by municipal officers, unless the land is entered upon and possession taken for said purpose within two years after the laying out or alteration, the proceedings shall be void.' Chapter fifty-three of the public laws of eighteen hundred and eighty-one, is repealed. Approved March 15, 1883. Chapter 246. An Act relating to attested copies from the published volumes of the early records in Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: After the early records in the registry of deeds for York county shall have been published, and one or more volumes thereof placed in each registry of deeds in the state, as contemplated by a resolve of this legislature, a copy of any portion of either of said volumes, duly attested by the register of deeds, having the lawful custody thereof, shall be of the same force and effect as a like copy of the original record, attested by the register of deeds for York county. Approved March 15, 1883. CHAP. 247 Arson of a dwelling house. Penalty for treason. Jurisdiction of S. J. court. -exceptions. Chapter 247. An Act supplementary to "An Act to restore the death penalty for murder in the first degree," approved March thirteen, eighteen hundred and eighty-three. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Whoever wilfully and maliciously sets fire to the dwelling-house of another, or to any building adjoining thereto, or to any building owned by himself or another, with intent to burn such dwelling-house, and it is thereby burnt, in the night time, shall be punished by imprisonment at hard labor for life. If he proves, and the jury find, that there was no person lawfully in such dwelling-house at the time, or if the offense was committed in the day time, he shall be punished by imprisonment for life, or any term of years. SECT. 2. The punishment of the crime of treason shall be imprisonment for life. SECT. 3. One justice of the supreme judicial court may hold a term thereof in any county, except the counties of Cumberland and Kennebec, for the trial of capital cases, and exceptions may be taken, as in other cases, to their rulings and decisions. SECT. 4. No person shall be a juror in a capital case, who cannot conscientiously find a man guilty of an offense punishable with death. SECT. 5. Section four of an act entitled "An Act to restore the death penalty for murder in the first degree," approved March thirteen, in the year of our Lord, one thousand eight hundred and eighty-three, is hereby amended by adding thereto the words, but they are continued in force for the trial and punishment of all offenses described therein, committed before this act takes effect.' Approved March 15, 1883. EXECUTORS, ETC.-HAWKERS AND PEDDLERS.-REFORM SCHOOL. Chapter 248. An Act supplementary to "An Act to amend chapter eighty-seven of Revised Statutes, in relation to actions by or against executors and administrators. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: 205 CHAP. 248 ch. 87, R. S., not to affect pending actions. The act entitled "An Act to amend chapter eighty-seven of Act to amend the revised statutes, in relation to actions by or against executors and administrators," passed at the present session, shall not affect any action now pending. Approved March 15, 1883. Chapter 249. An Act to amend chapter forty-four of the Revised Statutes, relating to hawkers and peddlers. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: S., amended. Section one of chapter forty-four of the revised statutes, Sec. 1, ch. 44, R. is amended by striking out the last two words thereof, and inserting in their place, the words, the United States.' Approved March 15, 1883. Chapter 250. An Act in amendment of and additional to chapter one hundred and forty-two of the Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: R. S., amended. to be instructed. SECT. 1. Section eleven of chapter one hundred and Sec. 11, ch. 142, forty-two of the revised statutes is hereby amended so as to read as follows: 'SECT. 11. The trustees, under direction of the governor In what branches and council, shall establish and maintain a mechanical school, and cause the boys under their charge to be instructed in mechanical trades and in the branches of useful knowledge, adapted to their age and capacity; in agriculture and horticulture, according to their age, strength, disposition and capacity, and otherwise, as will best secure their reformation, amendment and future benefit. The trustees, in binding out rules and regula tions. CHAP. 250 the inmates, shall have scrupulous regard to the character of those to whom they are bound, that they may secure the benefit of good example, wholesome instruction, and other means of improvement in virtue and knowledge, and the opportunity of becoming intelligent, moral and useful citizens to the state. Trustees to make The trustees shall establish rules and regulations for the direction of the officers, agents and servants of the school, and for the government, instruction and discipline of the inmates; they shall specify the punishments that may be inflicted upon the boys in the school, and any officer, agent or servant, who inflicts punishment not so authorized, shall be discharged and dismissed. Such rules and regulations shall be submitted to and approved by the governor and council, and shall not be altered without their consent.' -regulate punishments. Rules to be approved by governor and council. Sec. 12, amended. Powers and duties of superintendent. Further amended. Inmates to be classed. ment not allowed. SECT. 2. Section twelve of said chapter is hereby amended by inserting in the seventh line, after the word "employments," the words: He, the superintendent, shall see that no punishment is inflicted upon the boys in violation of the rules of the trustees, and shall immediately cause to be entered in a book kept for the purpose, a particular record of all corporal punishments inflicted upon the boys, stating the offense, the punishment, and by whom inflicted; which record shall be open to public inspection, and shall be laid before the trustees at their quarterly meetings at the school, a majority of whom shall then certify upon said book whether or not such punishments are approved by them. SECT. 3. Said chapter is hereby further amended by adding thereto the two following sections: "SECT. 16. The inmates of the school shall be separated into classes, regard being had to their age, their character and conduct, and the offense for which they have been committed. The boys of each class shall be allowed each day, so far as practicable, out door exercise and be employed in some out door labor. Each boy shall be provided with his own clothSolitary confine ing and be taught to care for it. Solitary confinement shall not be allowed except for grave offenses specified by the rules of the trustees, and the apartment in which it is inflicted, shall be suitably warmed, lighted, and provided with a bed and proper appliances for cleanliness. All the boys shall receive the same quality of food and in quantities to satisfy the appetite of each. Punishment of withholding or short allowance of food shall not be inflicted.' -exceptions. appoint visiting committee. powers. 'SECT. 17. A committee of the council, consisting of CHAP. 251 three, with whom shall be associated one woman, shall be Governor to appointed by the governor annually, who shall visit the state reform school from time to time, and examine into the treat- Duties and ment of the inmates, their condition and progress. They shall maintain in the school, a box for the receipt of letters, to which the inmates at all times shall have free access to deposit letters, without the knowledge or scrutiny of the officers of the school. They shall hear complaints of ill-treatment from the inmates, and shall make such suggestions to the superintendent and trustees as they think the good of the school requires, and yearly, severally report to the governor and council concerning the school, its condition and needs.' Approved March 15, 1883. Chapter 251. An Act fixing a time when other acts and and resolves shall take effect. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Except as provided in the following section, all acts and resolves passed by the sixty-first legislature, and approved prior to the approval of this act, shall take effect on the fifteenth day of April, in the year of our Lord one thousand eight hundred and eighty-three. when acts and resolves of sixty. first legislature shall take effect. SECT. 2. This act shall not apply to acts of incorporation, exceptions. nor to acts and resolves which by their own terms take effect at times other than the day last named. SECT. 3. This act shall take effect when approved. Approved March 15, 1883-8.30 P. M. Being the last of the series of Acts and Resolves passed prior to the recess of the Legislature. |