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collection, in planting trees for shade and ornament, about the public burying grounds, commons, squares and highways, within the limits of their respective districts; provided, their respective towns and cities shall vote in favor of such expenditure, at their annual meeting in the month of March or April.

[APPROVED MARCH 2, 1841.]

AN ACT ADDITIONAL TO AN ACT, TO ABOLISH THE MUNICIPAL COURT
IN THE CITY OF BANGOR, AND ESTABLISH A POLICE COURT FOR
SAID CITY. [CHAP. 111.]

SECTION 1. Be it enacted by the Senate and House of Reprerentatives in Legislature assembled, That the police court for the city of Bangor shall have, in addition to the jurisdiction given in the act to which this is additional, original and exclusive jurisdiction in all actions, civil and criminal, cognizable by justices of the peace, returnable within said city, excepting in such as the judge of said court may be interested. And said judge shall have jurisdiction of all cases of simple larceny, where the property, alleged to have been stolen, shall not exceed in value the sum of twenty dollars; and shall have power to try the same, and award sentence upon conviction, by fine not exceeding twenty dollars, and by imprisonment in the common jail, for a term not exceeding thirty days, in manner provided by law.

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count for all

SECT. 2. Be it further enacted, That it shall be the duty of Judge to acthe judge of said court, to collect and receive all fees, which are, fees to the city or may be by law payable to said court, and shall render an account treasurer, and thereof upon oath, and shall pay over the same, to the city treas- to give bond. ury, quarter yearly. And the said judge shall give bond to the city treasurer, and his successor in office, with sufficient surety, in such penal sum as the mayor and aldermen of said city may determine, conditioned for the faithful performance of the duties required of him by this, and the second section of the act to which it is additional. And the mayor, or such committee as he may appoint for Right of mayor that purpose, may inspect and examine the books, records and to examine papers, belonging to said court; and it shall be the duty of said &c. judge to exhibit the same, and give such information relative thereto,

as may be required of him from time to time, as aforesaid.

books, records,

SECT. 3. Be it further enacted, That the judge of said court Salary of judge. shall receive a yearly salary of four hundred dollars, in full compensation for his services, instead of the salary now established by law, to be paid quarterly out of the city treasury: provided however, that the salary shall, in no year, exceed the amount of fees, accruing in said court for the same year, so accounted for by the judge, as in this act is provided.

SECT. 4. Be it further enacted, That no justice of the peace, Jurisdiction of within the city of Bangor, shall exercise any civil or criminal juris- peace in Banjustices of the diction, except under the authority of the United States, in any civil gor, restricted or criminal process, wherein said judge is not a party or interested;

and also excepting the cases provided for in the fourth section of the act to which this is additional; or accept or receive any fee therefor; under a penalty of twenty dollars, to be recovered by indictment in any court proper to try the same, for the use of the city of Bangor.

SECT. 5. Be it further enacted, That this act shall take effect, and be in force, from and after its approval.

[APPROVED MARCH 3, 1841.]

Revised statutes and gener

al repealing act take effect, Au

gust 1, 1841. Exception.

Chapter, sixteen, relating to

the militia, to

take effect, January 2, 1842.

AN ACT TO SUSPEND THE OPERATION OF THE REVISED STATUTES. [СНАР. 144.]

SECTION 1. Be it enacted by the Senate and House of Representatives in Legislature assembled, That the operation of an act, passed on the twenty second day of October, in the year, one thousand eight hundred and forty, entitled "an act for revising, arranging and amending the public laws of the state," and of another act, passed on the same day, entitled "an act to repeal all the acts, which are consolidated in the revised statutes," shall be suspended, until after the thirty first day of July next; except, as provided in the following section.

SECT. 2. Be it further enacted, That chapter, sixteen, entitled of the militia," in the second title of the act first before mentioned, and so much of the last mentioned act, as provides for the repeal of certain acts concerning the militia, which were revised or consolidated in the said chapter, shall not be in force, until from and after the first day of January next, notwithstanding the provisions of the preceding section.

SECT. 3. Be it further enacted, That this act shall take effect immediately upon its approval by the governor.

[APPROVED MARCH 31, 1841.]

the same coun

AN ACT IN ADDITION TO AN ACT, TO REGULATE THE JURISDICTION AND PROCEEDINGS OF THE COURTS OF PROBATE. [CHAP. 149.] SECTION 1. Be it enacted by the Senate and House of RepreWhen an exec- sentatives in Legislature assembled, That, whenever a person being utor, &c. is appointed judge an executor, administrator or guardian, whose trust shall not have of probate for been fully executed at the time of appointment, has been, or shall ty, jurisdiction be appointed and qualified as judge of the court of probate, in and for the county wherein his letters of executorship, administration or cient adjoining guardianship were granted, it shall be lawful for said executor. administrator or guardian to continue and fulfil his said trust; and all the proceedings and acts, to be had and done subsequent to his appointment as judge, by said executor, administrator or guardian in and by a court of probate, touching his said trust, shall be had and

transferred to the most an

county.

done by a court of probate in the most ancient next adjoining county; and such courts of probate in such adjoining counties are vested with jurisdiction thereof: but the record of said proceedings and Records, where acts shall be made in the registry of probate in the county, wherein kept. the letters aforesaid are recorded.

SECT. 2. Be it further enacted, That the judges of probate, in the respective counties, may appoint special courts, whenever cases occur which, in their judgment, render it necessary, in addition to the fixed days; which special courts are to be made known by public notification; and may adjourn their regular courts to any time, not beyond the next regular court day: and, in case of the absence of the judge, by reason of sickness or otherwise, or vacancy in the office of judge, the register of probate may adjourn the court by posting notification thereof at the probate office, till the judge can attend.

Power of judge to appoint speadjourn a stated court. Register may adjourn in the absence the judge.

cial courts, or to

of

decrees of his

authenticated in form, on ac

count of death, office.

or removal from

SECT. 3. Be it further enacted, That, whenever any judge of Judge may conany court of probate, within this state, may have been, or shall firm and sign hereafter be removed from office by death or otherwise, and thereby predecessor,not have been prevented from signing any decree or decrees, by him made as judge of probate, or from certifying any other official act, by him performed, it shall be the duty of the register of probate in such county, to make record thereof in such manner, as if the same had been duly signed and certified by said judge in his life time, or while in office. And it shall be the duty of the judge of probate, who shall be appointed to fill the vacancy occasioned as aforesaid, upon accepting the trust, to examine said decrees and certificates, as soon as may be, and if the same, and the proceedings connected therewith, shall be found correct, and otherwise conformable to law, it shall be his duty to confirm and approve the same; and when so confirmed, shall be valid to all intents and purposes, and to the same extent, as they would have been, if the same had been duly signed by his predecessor, while in office.

SECT. 4. Be it further enacted, That this act shall take effect and be in force, from and after its approval by the governor. [APPROVED APRIL 6, 1841.]

AN ACT, PROVIDING FOR THE APPOINTMENT OF A PERMANENT CHAP-
LAIN FOR THE MAINE STATE PRISON. [CHAP. 155.]

regular duties.

SECTION 1. Be it enacted by the Senate and House of Representatives in Legislature assembled, That the governor, with advice Chaplain to be, of council, shall annually appoint a suitable person, to officiate as annually apchaplain of the state prison, whose duty it shall be, to preach to pointed. His the convicts two sermons, or perform other religious services equivalent thereto, each sabbath in the year; to visit the sick; to superintend the sabbath school; and, daily during the week, by private conversation with the prisoners, to use his utmost efforts for their moral and religious improvement. He shall also, if opportunity may offer, at other times, instruct them in the rudiments of learning. SECT. 2. Be it further enacted, That the salary of the chaplain His salary.

of the state prison shall be three hundred dollars per annum, instead of the salary now established by law; commencing on the first day of April, in the year of our Lord, one thousand eight hundred and forty one.

[APPROVED APRIL 9, 1841.]

sum equal to the wager, to the town.

AN ACT TO PREVENT BETTING OR WAGERING ON ELECTIONS.

[CHAP. 172.]

SECTION. 1. Be it enacted by the Senate and House of Rep Forfeiture of a resentatives in Legislature assembled, That any person or persons, who shall bet or wager any sum or sums of money upon any election, or the event of any election of president of the United States, or governor of this state, or any member of congress, or of any man to any office, shall forfeit a sum or sums equal to the sum or sums that he or they shall so bet or wager, to the use of the city, town or plantation, in which the person or persons, so betting or wagering, shall reside at the time of such betting or wagering, to be recovered by action of debt in any court competent to try the

Party losing may recover

back the sum lost.

Mayors of cit

ers of towns,

same.

SECT. 2. Be it further enacted, That, if any person or persons shall, after the passage of this act, receive any sum or sums of money upon any bet or wagering aforesaid, he or they, so receiving, shall be liable to pay, to the person or persons losing the same, the amount so received; to be recovered by action of debt in any court competent to try the same, with interest from the time the money was so received.

SECT. 3. Be it further enacted, That it shall be the duty of ies and treasur- the mayors of the several cities, and the treasurers of the several towns and plantations in this state, to sue for and recover any sum or sums of money which may be forfeited by the first section of this act, in their respective cities, towns and plantations.

&c. to sue for the penalty, named in the first section.

Goods, &c.

pledged on wagers, forfeited

to towns, &c.

Conveyances of real estate, in

pursuance of

wagers, void.

SECT. 4. Be it further enacted, That any person or persons, who shall bet or wager upon any elections, named in the first section of this act, any goods, chattels, or personal estate of any kind, shall forfeit the same to the use of the city, town or plantation where he or they may reside at the time of betting or wagering; and the mayors of the several cities, and the treasurers of the several towns and plantations are, respectively, empowered and required to demand, and sue for by action of trover, any personal chattel, that may be so forfeited in their respective cities, towns and plantations.

SECT. 5. Be it further enacted, That all deeds or other instruments, by which any real estate shall hereafter be conveyed on account of, or by reason of, or in fulfilment of, or in compliance Value thereof with, any betting or wagering upon any election, mentioned in the forfeited, &c. first section of this act, shall be void and of no effect; and the person or persons so conveying shall be liable to pay to the mayor of the city, or to the treasurer of the town or plantation, where be or they shall reside at the time of so conveying, to the use of said

city, town or plantation, a sum equal to the value of such real
estate so conveyed; which sum shall be sued for and recovered in
the same manner, as is provided by the third section of this act.
[APPROVED APRIL 16, 1841.]

tations, organiz

AN ACT IN ADDITION TO. AN ACT FOR REGULATING MARRIAGE, AND FOR THE ORDERLY SOLEMNIZATION THEREOF. [CHAP. 181.] SECTION 1. Be it enacted by the Senate and House of Representatives in Legislature assembled, That the clerk of any planta- Clerks of plantion, organized for any purpose, is hereby authorized to publish the ed for any purintentions of marriage between any persons, either of whom resides pose may pubwithin the limits of such plantation, and to grant certificates thereof, of marriage. in the same manner, and under the same restrictions, and with the like effect, as if such publication and certificate were by the clerk of any city or town within this state.

SECT. 2. Be it further enacted, That this act shall be in force from the time of its signature by the governor.

[APPROVED APRIL 16, 1841.]

lish intentions

AN ACT IN RELATION TO MANUFACTURING CORPORATIONS.
[CHAP. 192.]

to be held lia

treasurer pub

statement of

Be it enacted by the Senate and House of Representatives in Legislature assembled, That the stockholders in any company, Individual which now is, or may hereafter be incorporated, in this state, for the members, not purpose of manufacturing cotton, wool, silk, iron, steel or other ble for company materials, shall not be liable, individually, for the debts of said debts, if the company or corporation: Provided, the treasurer of said corpora- lish an annual tion shall annually publish in one or more of the public newspa- capital paid into, pers printed in the county, where said corporation is located, and, and debts due in case there is no newspaper printed in said county, in a public pany. newspaper, printed in one of the adjoining counties, a true and correct statement, on oath, of the amount of capital, actually paid into said company or corporation, and also a correct statement, on oath, of the amount of debts due from said corporation; provided the debts of said corporation shall not exceed fifty per cent. of the capital stock of said corporation, actually assessed and paid in. [APPROVED APRIL 16, 1841.]

from the com

Provided the debts do not

exceed one half of the capital.

AN ACT EXTENDING THE POWERS OF THE DISTRICT COURT.

[CHAP. 193.]

Be it enacted by the Senate and House of Representatives in Legislature assembled, That any justice of the district court be, Power of the

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