The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-02-28

contents of any lime cask, branded as afore-
said, with intent to sell the same as inspected;
nor shall any person, firm or corporation, put
up or fill, cause to be put up or Tiled, sell,
expose for sale, or cause to be sold or exposed
for sale, lade or receive, or cause TO be
laden OF received on board any vessel or car,
any lime in casks, upon which is either brand
ed, stamped, painted or marked, in any place,
the name of any city or town, or any imitation
or abbreviation thereof, other than that in
which such lime is burned or manufactured.
In addition to the penalties hereinafter pro-
vided, such inspector or deputy is also liable
in an action on the case to any party, for all
damages he SuStainS by such nIisdoingS, and If
the misdoings are on the part of the deputy
the action may be against him or his principal
SECT. 2. Section five of said chapter Is
amended by striking out all after the word
'three' in the fourth line thereof, SO that said
section, as amended, shall read as follows:
SECT. S. No person shall SELL expose for
in casks not made, inspected and branded &C.
cording to law; or sell, expose for sale, or pur-
chase any lime casks not made in conformity
to the provisions of section three
SECT B. Section six of said chapter is
amended by striking out all of said section
down to and including the word ''therefor" in
the second line, and inserting in place thereof
the following: ANY person convicted of avio
lation OF any OF the provisions OF the fore
going sections of this chapter shall be pun
ished by fine not exceeding fifty dollars;' so
that said section, when amended, shall read as
follows:
SECT 6. Any person convicted of a viola
ton of any Of the provisions of the foregoing
sections of this chapter shall be punished by
fine not exceeding fifty dollars; and when
judgment is recovered against an inspector or
deputy for penalties or damages on account
of any misdOings in his Office and the execu-
ton issued thereon is returned unsatisf1ed, the
creditor may avail himself of the benefit of
the inspectors bond to the county treasurer
who shall give him copy thereof on request,
in like manner as a Judgment creditor of
sheriff or q coroner may avail himself of the
official bond of such officer given to the treas
urer of state.'
SECT. 4. All acts and parts of acts inconsist-
ent with the provisions of this act, are hereby
repealed
SECT. 5. No suit shall be begun or main
tanned for any penalty incurred under the
provisions of sections four and five of said
chapter thirty-nine.
SECT. 6. This act shall take effect when ap-
proved approved March 26.]
Chapter 1874.
AN ACT to amend section eighty of chapter
eighteen of the Revised Statutes, as to notice
OF Injuries received on Highways.
Section eighty of chapter eighteen OF the re-
vised statutes is hereby amended by inserting
after the word ''aforesaid' in lines thirteen and
fourteen the words or some person i'll his be-
halt; so that said section amended, shall read
as follows:
SECT. 80. Whoever receives any bodily injury
| or suffers damage in his property, through any
defect or want of repair or sufficient railing, in
any highway, town way, causeway or bridge, may
| recover for the same in special action on the
case, to be commenced within one year from the
date OF receiving such injury, suffering dam
| age, of the county or town obliged by law to re-
pair the same, if the commissioners of such
county, or the municipal officers, highway sur
veyors or road commissioners of such town, had
twenty-four hours actual notice of the defect or
want of repair, but not exceeding two thousand
dollars in case of town; and if the sufferer had
notice of the condition of such way previous to
the time of the injury, he cannot recover of a
tow n unless he has previously notified one Of the
municipal officers of the defective condition of
such way; and any person who sustains injury or
damage, as aforesaid or some person in his behalf,
shall within fourteen days thereafter, notify
one of the county commissioners of such county,
or Of the municipal officers of such town, by let
| ter or otherwise, in writing, setting forth his
claim for damages and specifying the nature of
his injuries and the nature and location of the de-
feet which caused such injury. If the life of any
person is lost through such deficiency, his execu-
tors or administrators may recover of such county
or town, liable to keep the same in repair, in an
action on the case brought for the benefit of the
estate of the deceased, such sum as the jury may
deem reasonable as damages, if the parties liable
had said notice OF the deficiency which caused the
loss of life; at the trial of any such action the
court may, motion of either party, order a
view of the premises where the defect or want of
repair is alleged, when it would materially aid in
a clear understanding of the CASE
[Approved March 26.l