Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-04-05

/ con Is approved by them And sA,d iocarlon,
4 together with airy variation made therein,
shall be filed within tse years FROM the time
4 when the articles OF association are filed in
4 the office OF sscretary Of state provided, how.
ever, that the rsiirnad commissioners. upon
I written application made 10 them, NAV ex-
! tend the time OF fling such variations in their
I discretion. Provided. further, that no rail-
( road shall be made across tide waters whera
vessels can navigate, withou; special permis-
I sion OF the legislature first obtained
Section = This act shah take effect when
approved
I Approved February q
! CHAPTER I65.
I AN ACT for the prevention OF Cruelty to
Animals.
/ BE IL enacted ny the Senate and House Of Rep
reseRtatiYes in Legislature assembled, as fol
I lows:
/ Section |. Section twenty nine of charter
one hundred twenty-four of the revis Vi
statutes Is hereby amended, that said seq
ton shall read Is follows:
Section -. Every person tho cruelty over
! drives, overloads or overwurks, who torments,
T tortures. mains. wounds or depriycs of nee
( eessary susteHance. or who cruelty beats.
/ mutilates or kills any horse or other animal
, or causes the same 10 he done. or having
owner or otherwise. unnecessarily fails
/ to provide snch animal with proper
/ food, drink, shelter and protection from the
/ weather; every person. owning or having the
charge or custody Of any animal who know
tnsly and willtully authorizes or permits The
! same 10 suf-r tortures or cruelty, and every
owner, driver, possessor or person having the
custody of an Old, MANNED, disabled or dis
eased animal who cruelty works the same
when unfit for labor who cruelty ahanrions
such animal; and every person who carries
or causes 10 be carried, or has the care of. in
or upon IA car or other vehicle or ol herwise,
any animal in cruel or inhuman manner,
shall for every such offense he punished by
imprisonment in jail not exceeding one year,
or by iinc not less than fvc dollars and not
exceeding two hundred dollars. or BOTH
Section =. Section thirty five, chapter one
hundred twenty-four of the revised statutes
As amended by chapter twenty -five Of the Ia ".
of eighteen hundred ninet y-one. and section
thirty-six OF chapter one hundred twenty -foui
OF the revised statutes shall amply TO the
owners shippers, charferer of cars or other
person having the care custody or charge Of
animals loaded into any car, or transported
upon any railroad and such owner, shipper.
charterer of cars or other person having the
care. custody or charge of animals, loaded
into cars. or transported over any railroad,
for violation OF any Of the provisions Of said
sections thirty-iise aud thirty-six, shall he
subject TO the same penalties as are imposed
upon railroad companies for like violation
by section thirty seven of said chapter.
Section 3. Section thirty. Of chapter
one hundred twenty-four of the revised stat.
utes is hereby amended by striking out all OF
s''d action after the word "ofense" in the
third line.
.7tcslon 4. Section forty-two of chapter one
hundred twenty-four of the revised statutes
as amended by chapter two hundred eighty.
nine Of the laws of eighteen hundred eighty
nine, is hereby amended SO that said section
shall read as follows:
Section a. Such officer or agent may take
possession of any old, manned, disabled, dis.
eased or injured animal and apply to any
municipal or police court trial justice for
process TO cause The same to be destroyed II
the owner Is known, copy OF such ap.
plication shall be served upon him in hand
with order of court to appear at
q time and place named, to show cause
why such animal should not be de-
strpyed md its value fixed. If the owner i.
not known, then the court shall order notices
to he posted in two public and conspicuous
places in the town. stating the case in sub.
stance. and giving fOrty-eight hours notice Of
a hearing thereon At such hearing if it ap-
pears that such animal is old. MANNED, dis
abltd, diseased or injured, and is unfit for use
the court shall determine the value of such
animal, and shall issue process directing the
officer 10 destroy the same. The dcfendan,
may appeal as in civil action, but before such
appeal shall be allowed the defendant shall
give sufficient security to said officer, To be ap.
proved by the court. to pay all the expenses
for the care and support of such animal pend
ing such appeal
Section ). Section forty-seyen of chapter
one hundred twenty-four of the revised stat.
utcs as amended by chapter three hundred
sixty-four of the laws of eighteen hundred
eighty-fve, is hereby amended, as to read
as follows:
section H. Municipal and police courts and
trial iusticcs shall on complaint cause to be
arrested any person charged with the com.
mission in their counties of amy OF the offenses
described in the eighteen preceding sections
the olieH-e may he deemed TO have been com.
inittcd in any county where such animal may
be found; and when such offcnses are
not of high and aggravated ma.
ture. may try and punish by fine
not less than five dollars nor exceeding
twenty dollars, and by imprisonment not ex-
ceeding thirty days; but when on examina-
ton the otrense appears to be one not within
their jurisdiction for trial. they may Gauss
the person or persons charged with the
mission of the same to recognize with sure,ie.
to appear before the supreme judicial or sn.
pcrior courts, and in default thereof to he
committed to jail
Approved February g.
Chapter 100.
AN ACT 10 amend section forty-two Of chap
ter six of the Revised Statutes, relating 10
taxation of railroads.
he il enacted by the Senate and House o,
Representatives in Legislature assembled, as
follows:
Section |. Section forty-.wo Of chapter siS
of the revised statutes is hereby amended by
substituting for / he word September" in the
fptr line hs nr rtnp nd for . he
words, two thousand two hundred and fifty
In the seventh line the words fifteen hun.
drpd,' also by substituting for the words tive
thousand two hundred and fifty" in the ninth
line the words fifteen hundred. and for the
words, three thousand in the tenth line the
words twenty-five hundred and fifty 50 that
said section rs amended shall read as follows
Section &. The amount of such animal ey-
else tax shall I've ascertained follows: The
amount of the gross transportation receipts as
returned to the railroad commissioners for this
year ending on the thirtieth day Of June pre-
ceding the levyinn of such tax, shall he
divided by the number of miles Of railroad
operated. TO ascertain the average gross re-
ceipts per mile: when such average receipt.
per mile do not exceed fifteen hundred dollars
the tax shall be equal to one quarter of one
per cent of the gross transportation receipts
when the average receipts per mile exceed
fifteen hundred dollars and do not exceed
twenty-five tlIlfsu ana IlTy QUlNrr, the tax
shall he equal TO one-haif of one per cent OF
tho gross receipts. and 50 on increasing the
rate nj the tax one-quartei of one per cent for
each additional seven hundred and fifty dol
lars of average gross receipts per mile or frar-
tional part thereof, provided that The rate
shall in no event exceed three and quarter
per cent. ami in case of railroads operated ex-
clusjvey fnr the transportation of freight
said rate shall in no event exceed one and
three quarters per cent. When y railroad
lies partly within and partly without the
state, or is operated part of a line sys-
tenn extending beyond the state the tax shall
he equal to The same proportion of the gross
receipts in the state. as herein provided,
and It's amount shall he determined as fol
lows: The gr,yss transportation receipts of such
railroad. live or system. AZ the case may hc,
over its whole extent. within and without the
state. shall he divided by the total number of
miles operated tn obtain the average gross re-
ceiptS per mile. and the gross receipts in tho
state shall he taken to he the average gross
receipts per mile, multiplied by the number Of
miles operated within the state
SeCfion2. This act shall take effect when
approved.
Approved February "a
Chapter 1877.
M ACT IN amend an act entitled AN Act to
create BOARD of state ss@sssors."
1 Be it enacted by the Senate and House OF Rep
rcsentAtise- in Legs lainre assembled. AS fol-
lows:
section nine Of chapter one hundred three of
the public laws Of eighteen hundred ninety
one, j. hereby amended. as to read fol-
lows:
section 2. said state assessors shall visit
'iiriaIly every county in the state AT least
sace in two wears, and shall there sit stch
me and places rs they may deem necessary
| . secure information Ia enable them to make
/ ! iost and equal valuation Of the taxable
,rapertN In nv niacn r..ir. and II, inresfi-