SECT. 3. All cord wood, brought by water into any town for CHAP. 60. sale, shall be corded on the wharf or land, on which it shall be How wood shall landed, in ranges, making up in height, what shall be wanting in be corded, when length; at which time it shall be so measured, and a ticket given to ter. brought by wathe purchaser, who shall pay the stated fees. 1821, 160, § 4. SECT. 4. If any wharfinger, or carter, shall carry away any fire Penalty for rewood from a wharf, or landing place, before the same shall have moving from been so measured, he shall forfeit and pay one dollar for every load, fore measured. so carried away. 1821, 160, § 5. wharf, &c. be Ticket of the admeasurement and name of driver, to be ex hibited on demand of any SECT. 5. Every wharfinger, carter or driver, who shall carry any fire wood from a wharf or landing, shall be furnished by the owner, or seller of it, with a ticket, stating the quantity, and name of the driver; and if any firewood shall be carried away without such ticket, or if any driver shall refuse to produce and show such ticket, sworn measur on demand, to any sworn measurer, or give his consent to have the 1821, 160, § 6. same measured, if the ticket shall certify a greater quantity of wood than the load contains, in the opinion of the measurer, such wood shall be forfeited and seized, and may be libeled by said measurer, and disposed of in the manner the law directs. er. to a person chased for him fraudulent stowage. SECT. 6. Nothing in the preceding section shall be construed Not applicable to extend to any person, transporting or causing to be transported, transporting from any wharf or landing to his dwelling or other building, any firewood, purcord wood, which he may have purchased on such wharf or landing, self. or have landed thereon, upon his own account. 1821, 160, § 6. SECT. 7. When any wood, bark or charcoal, may be sold by Forfeiture for the cord, foot or load, which may be stowed or loaded in such a manner as to prevent the surveyors from examining the middle of 1825, 293, § 1. the load, and it shall appear on delivery, that the wood, bark or coal, has been stowed, with a fraudulent intent of obtaining payment for a greater quantity, than there was, in fact, in said load, the person so selling such load or quantity of either of said kinds, or the owner thereof, shall pay a fine of ten dollars for the use of the County, with costs of prosecution. How charcoal may be sold and 1825, 293, § 2. measured. SECT. 8. Any charcoal, brought into any town for sale, may be measured and sold by the cord or foot, estimating the cord at ninety six bushels, whenever the purchaser and seller may agree to the same; and the measurers before named shall be measurers of charcoal also. SECT. 9. All baskets for measuring charcoal, brought into any Size of coal town for sale, shall be sealed by the sealer of the town, where the person using the same usually resides, and shall contain two bushels, and be of the following dimensions, viz: nineteen inches in breadth, in every part thereof, and seventeen inches and a half deep, measuring from the top of the basket to the highest part of the bottom: and in measuring charcoal for sale, the basket shall be well heaped. SECT. 10. Every person, who shall measure charcoal, for sale, in any basket of less dimensions, or not sealed, shall forfeit and pay for each offence, five dollars. SECT. 11. The selectmen and assessors, before named, may appoint some suitable person, to seize and secure all the baskets used for measuring coal, not according to the provisions of this chapter. baskets. To 1821, 160, § 7. be scaled. Penalty for uss ing other bas 1821, 160, § 7. Seizure of such baskets. 21, 160, § 8. CHAP. 60. Measurer to give a ticket, under penalty. 1836, 239. Penalties, how appropriated. SECT. 12. If any measurer of wood, bark or charcoal, shall neglect or refuse to give a certificate of the contents of any load, to the owner or purchaser, he shall forfeit and pay for each offence five dollars. SECT. 13. The penalties mentioned in this chapter shall accrue, 1821, 160, 53, 5, one half to the town where the offence was committed, and one half to the prosecutor. 6. How recovered. 1821, 160, § 9. SECT. 14. Any pecuniary forfeiture mentioned in this chapter, may be recovered by action, or by complaint or indictment. Persons from without the state, not to take fish with nets, &c. CHAPTER 61. OF FISHERIES. SECT. 1. Perзons from without the state, SECT. 11. If owners neglect to open such not to take fish with nets, &c. 2. No nets to be placed, crosswise of 3. Forfeitures therefor. 4, 5, 6. Penalty for destroying shell stances. 7. Of lobsters. 8. Vessels liable to seizure for breach of certain provisions. 9. Local and special laws, not af- 10. Jurisdiction of the county com- ways, the commissioners to do so, at expense of owners. 12. Remedy by the county to recover such expense. 13. Commissioners to define limits in writing, and enter on the town records. 14. Penalty for taking certain fish within such limits, from May 1, to July 15. 15. All weirs to be stripped by the 15th July. Penalty for neglect. 16. Appeal from decision of the commissioners 17. Joint jurisdiction of commissioners in Hancock and Penobscot. SECTION 1. No person, living without this state, shall set or place any net, weir, seine or other machine in any of the rivers, streams, creeks, harbors, inlets or coves, in this state, for the pur1821, 178, § 6. pose of taking salmon, shad, herrings or alewives. SECT. 2. No person shall set or place any net crosswise of any river, stream, creek, harbor, inlet or cove, for the purpose of taking any of the said fish; but all such nets shall be set lengthwise of such waters. No nets to be placed cross wise of any river, &c. 1821, 178, § 4. 4 Pick. 165. Forfeitures therefor. 1821, 178, § 8. SECT. 3. Whoever shall violate the provisions of either of the preceding sections, shall forfeit for each offence, a fine not exceed1823, 241, 2. ing fifty dollars, to the use of any person, who may sue therefor; and every net or other machine, set or placed, as prohibited in the said sections, shall also be forfeited to whomsoever may prosecute for the same, as forfeited goods, as provided in the one hundred and thirty second chapter. Penalty for destroying shell fish, unless under certain cir1821, 197, $2,3. cumstances. SECT. 4. If any person shall take, or otherwise wilfully destroy, any oysters or other shell fish, or obstruct their growth in their beds, in any of the waters of this state, except as provided in the two following sections, he shall forfeit to the person suing therefor, not less than one dollar, nor more than two dollars, for each bushel thereof including the shells so taken or destroyed. SECT. 5. The selectmen of the town, or assessors of the plan- CHAP. 61. tation, wherein such oysters or other shell fish may be found, may, Same subject. in writing, authorize any persons to take the same, at such times, 1821, 179, § 2, 3. in such quantities, and for such uses, as they shall think proper, and shall express in their permits; and any inhabitant of such town or plantation, or native indian within this state, may take the same without any permit, for the consumption of himself or family; provided, that no person, without such permit, shall be allowed to take oysters, for any purpose, in the month of June, July or August. 1828, 383, § 1, 2. to seizure for breach of cer SECT. 6. Any fisherman may, without such permit, take any Same subject. shell fish, suitable for bait, necessary for his use, and in a quantity, 1821, 179, § 3. not exceeding seven bushels, including the shells, at any one time. SECT. 7. If any person, not living within the state, shall take of lobsters. or destroy any lobsters in any waters within the state, without a permit from the selectmen of the town, or assessors of the plantation, where the same may be, he shall forfeit not less than ten, nor more than fifty dollars, for each offence; one half to the use of such town, and the other half to the use of the person suing therefor. SECT. 8. If any vessel, boat or craft shall be found within the Vessels liable limits of any town or plantation, not owned therein, with any lobsters, oysters or other shell fish on board, taken in such town, against the provisions in this chapter, any inhabitant of such town may seize and detain such vessel, boat or craft, for a time not exceeding forty eight hours, in order that the same may be attached or arrested by due process of law, and secure the fines and forfeitures before mentioned, with costs; to which process such vessel, boat or craft is hereby declared to be liable, without further proof of the property in the parties liable to such fines; provided that if, before any such attachment, the owner or master of such vessel, boat or craft, shall pay the expense of such detention, and also pay to the treasurer of such town, and for the use thereof, the amount of fines incurred, it shall be released with the effects therein. tain provisions. 1821, 179, § 4. affected by this SECT. 9. Nothing contained in this chapter shall be construed, Local and speas affecting the operation of any laws, of local application, now in cial laws, not force in any of the waters or places specially named or described chapter. in such laws, whether heretofore published as public, or as private and special, laws. the county ways. 16 Maine, 9, SECT. 10. The county commissioners in their respective coun- Jurisdiction of ties shall, from time to time, examine all dams and obstructions in commissioners rivers and streams, emptying into rivers, in which salmon, shad and relative to fishalewives abound; and after notice, in writing, to one or more 1840, 16, § 1. of the parties interested, and a hearing thereon, shall decide what 3 Fairf. 222. would be a suitable fishway in such dam or obstruction; but 303. such fishway shall not exceed one foot in fifteen of the width of the river or stream at that place: provided, that no such examination shall be made, except upon the written application of three or more responsible individuals, who shall be held to pay all the expenses of such examination, to said commissioners, if they shall decide that no alteration of said dam, or other obstruction, is demanded by the public good. lect to open SECT. 11. After a decision, that such fishway shall be made, If owner negand twenty days notice thereof, published in a newspaper printed such ways, the CHAP. 61. in the county, if any, otherwise in the newspaper published by the commissioners printer to the state, requiring the owner of any such dam, or other to do so, at ex- obstruction, to build such fishway, and keep the same open, and a pense of own ers. 1840, 16, § 1. Remedy by the Commissioners in writing, and enter on the town records. 1840, 16, § 2. neglect of such owner for said twenty days to build the same, the county commissioners shall build such fishway, and notify the owner thereof, and of the expense of building the same. SECT. 12. If said owner shall neglect to pay said expense to the treasurer of the county, for thirty days after said notice, the treasurer shall pay the same; and the county attorney shall recover the same in an action on the case against said owner, in the name of the county, together with costs, and twelve per cent. interest on the amount, so paid. And the county shall have a lien on the mills and other property situated on said dam, or other obstruction, whether belonging to said owner, or not, commencing from the time when said fishway is opened. SECT. 13. The county commissioners shall define, in writing, to define limits the extent and limits of any such fishway, and cause the same to be entered on the records of the town, where it is situated. SECT. 14. If any person shall take any salmon, shad or alePenalty for tak- wives in any such fishway, or within twenty feet on each side ing certain fish thereof, extending and keeping the same width fifty feet above, or its, from May 1, below, such dam or other obstruction, or shall, by placing impediments in, or near, such fishway, hinder the passage of said fish through the same, between the first day of May and the fifteenth day of July, in any year, he shall forfeit not less than five, nor more than ten dollars, for each offence. to July 15. 1840, 16, § 2. All weirs to be stripped by the 15th July. Penalty for neg lect. 1840, 16, § 2. 1840, 16, § 1. SECT. 15. All weirs shall be stripped, so as to admit a free passage of fish through the same, by the fifteenth day of July, in each year. And the owner of any such weir, who shall neglect so to strip the same, shall forfeit not less than five, nor more than ten dollars for every day, until the same is stripped as aforesaid. The penalties named in this, and the preceding sections, shall be recovered in an action of debt, in the name, and to the use, of the county. Appeal from SECT. 16. Any person, aggrieved by the decision of the comdecision of the commissioners. missioners, in the cases herein before specified, may appeal to the supreme judicial court, which may reverse, modify or confirm such decision. The party appealing shall recognize, as in other cases of appeal; and if he does not prosecute the same, the decision of the commissioners shall be final and in full force. Joint jurisdiction of commis cock and Pe nobscot. SECT. 17. The county commissioners of Hancock and Penobsioners in Han- Scot shall have joint jurisdiction of the rivers and streams, within the limits of their respective counties; and in case said commissioners are equally divided in opinion, they shall certify that fact to the supreme judicial court, at the next term thereof, holden in the county where the dam or other obstruction complained of is situated; and the decision of said court thereon shall be final. Provers, to re main in office. 1821, 162, § 1. SECTION 1. The provers of fire arms, now in office, shall continue therein, according to the tenure of their appointment. SECT. 2. The governor, with advice of the council, may, from New appointtime to time, appoint suitable persons to be provers of the barrels ments may be of all new, or unused, fire arms, to supply any vacancy or otherwise, 1821, 162, § 1. as he shall judge necessary. made. SECT. 3. It shall be the duty of each prover of fire arms, to Duty of provers. prove and try the strength of the barrels of all fire arms, which 1821, 162, § 1. shall be offered to him for that purpose, in such manner as to satisfy him of the strength of the same; and he shall, in a permanent manner, mark and number every barrel, by him so proved, and deliver to the person applying to have the same proved, a certificate for each barrel proved and found good, in the following form: "I Their certificertify that on this in the year 18—, I a musket," (pistol or rifle) "barrel," (as the case may be), "which is numbered and marked, as in the margin, and that the same is good and strong. proved for day of A. B., prover of fire arms.' SECT. 4. If any person shall sell, or offer for sale, any new or unused musket, rifle or pistol barrel, without having the same first proved, marked and certified, in the manner mentioned in the preceding section, he shall forfeit and pay for each barrel, so sold or offered for sale, the sum of ten dollars, to the use of him, who shall sue for the same, or by indictment, for the use of the state. cate. Penalty for selling, &c. a new proved. barrel, before 1821, 162, § 3. marks. SECT. 5. If any person shall falsely alter the stamp or mark, For altering or any certificate of a prover of fire arms, he shall forfeit and pay 1821, 162, § 4. a fine, not exceeding one hundred dollars, nor less than twenty dollars, for the use of the state; to be recovered by action or indictment. CHAPTER 63. OF PACKING AND SELLING PAPER. SECT. 1, 2. Mode of packing and marking SECT. 4. How appropriated. ing and mark SECTION 1. All paper, except paper of foreign manufacture, Mode of packpress paper, bonnet paper, and such paper, as is usually sold by ing paper. weight, which shall be made, or offered for sale in this state, shall 1821, 163, § 1. be packed in parcels of half reams, one ream and two reams; each half ream to contain ten quires, each ream, twenty quires, and each quire, twenty four sheets. |