CHAP. 131. signed by the assessors, the warrants to the collector, and to prove that such collector complied with the requisitions of law as to advertising and selling such real estate; but no person shall be entitled to commence, maintain or defend any action or suit in law or equity, on any ground involving the validity of any such sale, until the amount of all taxes, charges and interest as aforesaid, and all costs of suit shall have been paid or tendered by the party desiring to contest the validity of such sale, or by some person under whom he claims.' SECT. 3. This act shall take effect when approved. Approved March 12, 1870. Chapter 131. An act to amend chapter twenty-four of the revised statutes, relating to paupers. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. The first specification of the first section of chapter twenty-four of the revised statutes, is amended, so as to read as follows: A married woman has the settlement of her husband if he has any in the state, if he has not, her own settlement is not effected by her marriage. When it appears in a suit between towns involving the settlement of a pauper that a marriage was procured to change it by the agency or collusion of the officers of either town, or any person having charge of such pauper under authority of either town, the settlement is not effected by such marriage.' SECT. 2. Nothing in this act shall be construed to effect any action now pending. SECT. 3. This act shall take effect when approved. Approved March 12, 1870. Public laws 1864, chap. 230, relating to evidence Chapter 132. An act to amend chapter two hundred and thirty of the public laws of eighteen hundred and sixty-four, relating to evidence. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Chapter two hundred and thirty of the public laws of eighteen hundred and sixty-four, is amended, so as to read as in actions by the follows: 'In an action by or against an executor, administrator or other legal representative of a deceased person, in which his CHAP. 133. account books or other memoranda are used as evidence on either representatives of side, the other party may testify in relation thereto.' SECT. 2. This act shall take effect when approved. Approved March 12, 1870. deceased persons, amended. Chapter 133. An act to prohibit the wholesale destruction of water-fowl by traps, etc. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. If any person or persons shall trap, snare or capture wild ducks of any variety, other than in the usual manner of sporting with fire-arms, within the limits of the state, shall forfeit and pay for each duck so taken, a sum not less than two dollars nor more than five, to be recovered by action of trespass, one-half to the use of the town or plantation in which the offence is committed, the other half to the person complaining. SECT. 2. This act shall take effect when approved. Chapter 134. An act to amend chapter thirty of the revised statutes, relating to killing moose, deer and caribou. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section nine of chapter thirty of the revised statutes, is hereby amended, so that said section as amended shall read as follows: R. S., chap. 30, sect. 9, relating to the penalty for killing moose and deer at certain seasons, amend 'Sect. 9. No person shall hunt or kill with dogs any moose, ed. deer or caribou on any lands in this state, under a penalty of forty dollars for every such moose, deer or caribou so killed; and no person shall between the first day of February and the first day of October, in any manner hunt or kill any moose, deer or caribou under the same penalties as above provided; any person may lawfully shoot or otherwise kill any dog so found hunting moose, deer or caribou, or with the persons herein prohibited.' sect. 14, relating to the evidence of the unlawful SECT. 2. Section fourteen of said chapter is hereby amended, R. S., chap. 30, by striking out the words "within the times herein forbidden," and inserting instead thereof the words, 'between the first day of killing of moose February and the first day of October,' and by adding at the end and deer, CHAP. 135. of said seetion the words, 'in case of his conviction, such carcass or hide so found in his possession shall be decreed by the court forfeited to the use of the person prosecuting,' so that said section, as amended, shall read as follows: R. S., chap, 30, sect. 12, relating to the recovery of penalties, amended. Public laws of 1858, chap. 19, and public laws 1869, chap. 48, repealed. 'Sect. 14. If any person has in his possession the carcass or hide of any such animal between the first day of February and the first day of October, he shall be deemed to have hunted and killed the same contrary to law and be liable to the penalties aforesaid, but he shall not be precluded from producing proof in defence; in case of his conviction, such carcass or hide so found in his possession shall be decreed by the court forfeited to the use of the person prosecuting.' SECT. 3. Section twelve of said chapter, is hereby amended, by striking out the words "and deer" in the third line thereof and inserting in place thereof the words 'deer and caribou.' SECT. 4. Chapter nineteen of the public laws of eighteen hundred and fifty-eight, and chapter forty-eight of the public laws of eighteen hundred and sixty-nine, are hereby repealed. SECT. 5. This act shall take effect when approved. Part of sect, 40, chap. 4, R. S., relating to meetings of aldermen to decide upon applications of persons claiming right to vote, repealed. R. S., chap. 5, sect. 11, relating Chapter 135. An act to amend section forty of chapter four, section eleven of chapter five, section seventy-four of chapter eighteen of the revised statutes, and chapter forty of the public laws of eighteen hundred and sixty-six, relating to elections, public lands and ways. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. So much of section forty of chapter four of the revised statutes, as precedes the word "for," in the eighth line of said section, is hereby repealed. SECT. 2. Section eleven of chapter five of the revised statutes, is hereby amended by striking out of the second, third, and fourth lines of said section the words "or organized into plantations to care of reserved and the words "or is otherwise parted with." Said section is further amended by striking out of the eleventh line thereof, the words "so incorporated or organized," and inserting instead thereof, the words, 'incorporated into a town,' so that said section as amended shall read as follows: lands in unincorporated town ships, amended. R. S., chap. 5, sect. 11, as amended. Sect. 11. The land agent shall have the care of the reserved lands in all townships or tracts, until they are incorporated, and the fee becomes vested in the town. He may from time to time, sell the timber and grass thereon, or the right to cut the same, for cash, except the grass growing on improvements made by an CHAP. 136. actual settler, until incorporated into a town, for such sum as he thinks just and reasonable. When so sold, he shall give the purchaser a permit under his hand and seal, setting forth the terms of the contract, which shall be recorded in the office. The proprietors of the township or tract shall have the option to become purchasers thereof, at the rate per acre for which the township or tract was sold.' SECT. 3. Section seventy-four of chapter eighteen of the revised statutes, shall be amended, so as to read as follows: 'Sect. 74. If the municipal officers of any town unreasonably neglect to cause a guide post to be erected in their town as provided by law, they shall forfeit and pay five dollars for each month's neglect, to be recovered in an action of the case by and to the use of any person sueing therefor. Plantations assessed in state or county taxes and their officers are under the same obligations and subject to the same penalties in these respects as towns.' SECT. 4. Chapter forty of the public laws of eighteen hundred and sixty-six, shall be amended, so as to read as follows: 'Towns shall erect and maintain at all crossings of highways and where one public highway enters another, substantial guide posts not less than eight feet high and have fastened to the upper end of each a board, on which shall be plainly printed, in black letters on white ground, the name of the next town on the route, and of such other place, as the municipal officers direct, with the number of miles thereto, and the figure of a hand with the forefinger pointing thereto; and for any neglect herein towns shall be subject to indictment, and fine not exceeding fifty dollars. SECT. 5. This act shall take effect when approved. Approved March 14, 1870. R. S., chap. 18, amended. Public laws 1866, chap. 40, relating to guide posts, amended. Chapter 136. An act to amend section twenty-seven of chapter seventy-seven of the revised statutes, relating to exceptions in supreme judicial court. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: SECT. 1. Section twenty-seven of chapter seventy-seven of the revised statutes, is hereby amended, by adding the following words: But such judge, if he deems such exceptions frivolous and intended for delay, may so certify upon motion of the party not excepting; and exceptions so certified to be frivolous and R. S., chap. 77, to exceptions in sect. 27, relating civil and criminal cases, amended. CHAP. 137. intended for delay may be transmitted at once by such judge to the chief justice, and shall, when so certified, be argued in writing on both sides within thirty days thereafter, unless the judge shall for good cause enlarge the time, and exceptions so certified shall be considered and determined by the justices of the supreme judicial court as soon as may be, and their determination shall be forthwith certified to the clerk of the county where the same are pending,' so that said section shall read as follows: R. S., chap. 77, sect. 27, as amended. R. S. chap. 77, sect. 28, relating to proceedings of court when dila 'Sect. 27. When the court is held by one justice, a party aggrieved by any of his opinions, directions or judgments in any civil or criminal proceeding, may, during the term, present written exceptions in a summary manner, signed by himself or counsel, and when found to be true they shall be allowed and signed by such judge. But such judge, if he deems such exceptions frivolous and intended for delay, may so certify upon motion of the party not excepting; and exceptions so certified to be frivolous and intended for delay may be transmitted at once by such judge to the chief justice, and shall, when so certified, be argued in writing on both sides within thirty days thereafter, unless the judge shall for good cause enlarge the time; and exceptions so certified shall be considered and determined by the justices of the supreme judicial court as soon as may be, and their determination shall be forthwith certified to the clerk of the county where the same are pending.' SECT. 2. Section twenty-eight of said chapter is hereby amended by striking out all after the word "law," in the third line, and adding the words 'subject to the provisions of the preceding ruled and excep- section,' so that the section, when amended, shall read as follows: tory plea is over tions taken, amended. R. S. chap. 77, sect. 28, as amended. 'Sect. 28. When a dilatory plea is overruled and exceptions taken, the court is to proceed and close the trial, and the action shall then be continued and marked law, subject to the provisions of the preceding section.' SECT. 3. This act shall take effect when approved. Approved March 14, 1870. R. S., chap. 12, sect. 32, relating to rights of minority in the ownership of a meeting house, amended. Chapter 137. An act to amend chapter twelve of the revised statutes, relating to parishes, meeting houses, ministerial and school lands and funds arising therefrom. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section thirty-two of chapter twelve of the revised statutes, is hereby amended, by striking from the second and third lines from the top the words, "allowing no more for any pew than was actually paid for it by the owner," so that the said section thirty |