Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-03-30

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, or
damage, of the county or town
obliged by law to repair the same, il the
OF such county, or the mu-
nicipal officers, or road commissioners of
such town. or any person authorized by
any commissioner OF such county or any
officer, or road commissioner of
such town, to act as substitute for either
OF them had twenty-four hours actual
notice OF the defect or want OF repair; DUt
not exceeding two thousand dollars in
case of u town; and il the sufferer had
notice OF the condition OF such way pre-
Vious to the time Of the injury he cannot
recover OF a town unless he has previously
notified one of the municipal officers OF
the defective condition OF such way; and
any person VINO sustalns injury OF Cam
age as aforesaid, shall within fourteen
Gays thereafter notify one or the county
commissioners of such county, or OF the
municipal officers Of such town, by letter
or otherwise, in writing. setting forth his
claim for dam geS and specifying the ma
ture of his injuries and the nature and
location OF the defect winch caused such
injury.
If the life of any person is lost through
such deficiency, his executors or ADMINS
traitors may recover OF such county or
town liable to keep the same in repair in
an action on the case, brought Tor the
benelit OF the estate of the deceased, such
sum as the jury may deem reasonable as
damages, ii 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, on motion of either parry,
order view OF the premises where the de-
feet or want of repair is alleged when IL
would materially aid in clear under
standing of the case
Section 2. This act shall take effect
when approved.
lApproved March Isl
Chapter 1909.
A., ,,,an1 coo4;o,, 1-,o of WHO
thirty of the Revised Statutes. as
amended by Chapter one hundred fifteen
OF the Public Laws of eighteen hundred
ninety-tive. and Sections three and -FOUR
OF Chapter thirty OF the Revised Stat
utes, in relation to Dogs.
Section one of chapter thirty of the re-
vised statutes as amended by chapter one
hundred fifteen OF the public laws of
eighteen hundred ninety-flve is hereby
amended by inserting after the word
done" in the fifth line of said section the
words provided said damage was not oc-
casioned through the fault of the person
Injured so that said section as amended,
shall read as follows:
Section l. Towns may pass bylaws, to
regulate the going at large OF dogs therein.
When a dog does damage to person or
his property, his owner or keeper and also
the parent, guardian, master, or mistress
OF any minor who owns or keeps such dog,
forfeits to the person injured the amount
OF the damage done, provided said damage
Was not occasioned through the fault OF
the person injured; to be recovered by
action OF trespass.
Section 3 Section three of chapter thir-
ty OF the revised statutes is hereby
amended, so 1t shall read as follows:
Section 8. Whoever Is SO assaulted or
finds a dog strolling outside of the prem
iSeS or Immediate care OF its owner or
keeper, may, within forty-eight hours
thereafter, make written complaint be
ing jurisdiction In the city or town where
the owner or keeper resides, or il case
there is no such court, before a trial JUS
tice III said town, that he really believes
and has reason TO believe said dog to ne
dangerous OF vicious; whereupou said
court or trial justice shall order sand own
er OF keeper TO appear and answer to said
complaint by serving said owner or keeper
of said dog with a copy of SAID complaint
ard order a reasonable time before, the
day set for q hearing thereon; ana If up
on hearing, the court or trial justice is
satisfied that said complaint is true, he
shall order said owner or keeper within
twcnty-four hours thereafter either to kill
Or conl!ne said dog or remove and keep
same beyond the limits Of said town or
city; aud if SAID owner or keeper negIccts
to comply with said order, he shall for
felt to the use OF the city or town afore-
said not less than one nor more than ten
dollars, to be recovered III an action on
the case.
Section s. Section four OF chapter
thirty of the revised statutes is hereby
amended by striking out in the first line
of said section the words after notice Sc
given" ana inserting in place thereof the
words whose owner or keeper nes!ects t.
comply with said order, 50 that said sec
ton as amended, shall read as follows:
Section T. If a dog, whose owner or
keeper neglects to comply with said order
wounds any person by sudden assault
as aforesaid, or wounds or Kills any do
nestle animal, the owner or keeper shall
pay the person injured treble damages
and costs
[Approved March ISL
Chapter 40.
An Act in regard to compensation OF
Town officers.
Towns having four thousand or more
Inhabitants shall have the right to vote
their selectmen per diem compensation,
not exceeding five dollars per day, fol-
time actually spent in the service of the
town.
[Approved March Isl
Chapter III.
An Act to amend Section ninety-eight of
Chapter eighty-two OF the Revised Stat
rtes, relating to Evidence.
Section J. Section ninety-eight Of chap
ter eighty-two Of the revised statutes. is
hereby amended by adding a sixth eXcep-
ton. as follows:
Sixth. In all actions brought by an ex-
ccutor, administrator or other legal rep
rcSeGtatiVe of a deceased person, such
representative party shall not be excused
| from testifying to any facts admissible
ing before the death of such person, ii 50
requested by the opposite party. But
nothing herein shall be so construed as
to enable the adverse party to testify
against the objection of the plaintiff when
the plaintiff does not voluntarily testify
Section 2. This act shall take effect
when approved.
lApproved March ISL
Chapter 112.
An Act to provide for the protection of
Trees and Shrubs from injurious insects
and diseases.
Section /. All nursery stock shipped
into this state from any other state,
country or province shall bear on each
box or package certificate that the con-
, tents of said box or package have been
inspected by duly authorized inspecting
officer. and that said contents appear to
be free from all dangerous insects dis
eases. In case nursery stock is brought
into the state without such a certificate
the conslgnee shall return it to the con-
signor at the expense of the latter; pro-
vided, however, that any box or package
bearing a certificate of 1umigation, which
sh9ll be an affidavit made before 4 JUS
tice of the peace that all stock sold by
the consignor has been fumigated in a
manner approved by the state nursery
inspector of the state from which said
nursery stock is shipped. the same may be
accepted as though bearing proper GER
titcate of inspection.
Section 2. Any transportation company
that shall bring into this state any nur-
sery stock such as trees, shrubs, vines,
cuttings or buds, and any transportation