Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-04-11

of fifty dollars. and in addition shall 4
pay penalty of Ave dollars for each
and every gallon or part thereof of
shelled scallops. SO bought. sold. ex-
posed for sale. given away or in his
possession; and shall pay q penalty
Of five dollars for each one hundred
scailops or any part thereof. In the
shell, so bought, sold, exposed for
and any boat with its equipment. en-
gagged and used in such unlawful
catching or selling of scallops may
be seized and detained by an officer
or warden. not exceeding twenty
four hours. in order that 1t may be
attached or taken by due process of
law. to satisfy any Judgment that
may be recovered; but said boat and
equipment shall be released at any
egs da ss If rea a nd costs on
board any boat in close time shall be
prima facie evidence of violation
of this section. So much of this sec
ton as relates to buying or selling or
scallops shall not apply to scallops
taken outside of the waters of the
State of Maine.'-App. Mar. %.
CHAPTER 81
An Act to Close all Hunting in a
Certain Territory in Lincoln Coun-
ty. to be known as the Lincoln
County Game Preserve.
Sec, 1. For a period Of FIVE years
from the time this act becomes effec-
tive, no person shall at any time hunt,
pursue. shoot at or kill any wild
animal or any game or wild bird
within the following described terri
tory situated in the towns of Jeffer-
son and Whitefield. in the county of
Lincoln:
wholly or partly in the town of
Jefferson: land of S., D. Erskine:
wholly or partly IN the. towns of
Jefferson and Whitefield; land Of
Clarence Ford. wholly or partly in
ton Brothers. wholly or partly in the
town of Jefferson: which land is
bounded as follows:
On the north by the highway lead
ferson: on the east by Stearns brook
and by Little Dyer's pond. and the
inlet stream and marsh of said pond,
and by the highway leading from
South Jefferson to Alma: on the south
by the road leading from Alma to
said Weary pond. in the town Of
Whitefield. 1t shall also be unlaw-
full for any person to have in pos
or any game or wild bird or part
thereof taken in violation of any
provision Of this act.
Sec. 2. Whoever violates any pro-
vision of this act shall be subject to
a penalty of not less than ten nor
more than three hundred dollars and
costs for each offense. or imprison-
ment for sixty days. or both said fine
and imprisonment.-App. Mar. %.
CHAPTER SIS
An Act to Amend Section One Hun
dred and Twenty-One of Chapter
-Four of the Revised Statutes. as
Amended by Chapter One Hundred
and Thirty-five of the Public Law s
OF Nineteen Hundred and Twenty
one. Relating to Fish Weirs.
Section one hundred twenty-one of
chapter four of the revised statutes.
as amended by chapter one hundred
and thirty-fve of the public laws of
nineteen hundred twenty-one. is
after the word described" in the
twentieth line of said section the
following: Should the said applicant
or his assignee fail to remove such
stakes and brush within a period of
one year after the termination of his
LICENSE as provided in section one
hundred twenty-five of chapter four
of the revised statutes it shall then
be legal for any person so to remove
said owner or assignee so that said
section, as amended. shall read as fol-
| lows:
build or extend any fish weirs or
trap in tidewaters. within the limits
CT any city or town. may apply in
writing to the municipal officers
thereof. stating the location. limits
and boundaries. as nearly as may be.
of such intended erection or extern
sion. and asking license therefor.
Upon receiving such application. said
officers shall give at least three
days public notice thereof in a news
paper. published in the municipality.
county. which is nearest the mu-
nicipality in which the proposed weir
is to be located. and shall therein
designate day on which they shall
meet on or near the premises de.
upon such examination and hearing
of all parties interested. said officers
decide that such erection or extension
would not be an obstruction to navi-
cation. or an injury to the rights of
others. and determine to allow the
same they shall issue license under
their hands to the applicant, author
izing him to make such erection or
extension. and to maintain the same
license: the applicant for license to
build or extend a fish weir or trap
as aforesaid shall first give bond to
the town, without Sureties. in the
sum of one hundred dollars. con-
ditioned that upon the termination of
such license he shall remove all
stakes and brush from the location
therein described. Should the said
applicant or his assignee fail to re-
move such stakes and brush within
period of one year after the termi-
nation of his license as provided in
section one hundred and twenty-five
of chapter four of the revised statutes
it shall then be legal for any person
charge against said owner or as
signee. Any person aggrieved by the
decision of the municipal officers in
either granting or refusing to grant
license as hereinbefore provided
! may appeal to the commissioner of
sea and shore fisheries. On receiving
such an appeal said commissioner
shall set time and place for hear
ing and give notice thereof in the
same manner as is hereinbefore pro-
vided for a hearing before municipal
officers. At least two members of the
commission shall be present at the
hearing and no member of the COM
mission shall act on any appeal in
any town of which he may be resi-
dent or the owner of weir The
party appealing from the decision of
the municipal officers shall at the
time of entering his appeal file bond
without sureties in the sum of TWEEN
ty-five dollars with the treasurer of
the state and such bond shall be for
feited to the state if the appellant
fails to prosecute his appeal or if the
decision of the commission of sea and
shore fisheries sustains that~of the
municipal officers. The decision of
the said commission shalt be com
! municated within three days after the
date oc the hearing to the appellant
and to the municipal officers of the
town in which the proposed weir is
located: and this decision shall be
| binding on said municipal officers.
who shall issue license. if so
directed by the decision Of the COM
mission. within three days after said
decision has been communicated to
them.'-App. Mar. %.
CHAPTER SO
An Act to Regulate the pra ctice IF