1903.] CLERKS AND ASSISTANT CLERKS OF SUPERIOR COURT. trol if so requested in writing by the park commissioners. He shall expend all funds appropriated for the setting out and maintenance of such trees. He may prescribe such regulations for the care and preservation of such trees, enforced by fines, not exceeding twenty dollars in any one case, as he may deem just and expedient; and such regulations, when approved by the selectmen and posted on the public signpost in the town, shall have the force and effect of town by-laws. He shall enforce all provisions of law for the preservation of such trees; provided, that such provisions do not conflict with any city or borough ordinance. Approved, May 11, 1903. 55 [Substitute for Senate Bill No. 117.] CHAPTER 84. An Act concerning the Clerks and Assistant Clerks of the Be it enacted by the Senate and House of Representatives in General Assembly convened: clerks and assist SECTION 1. Section 4828 of the general statutes is hereby Salaries of amended to read as follows: The clerks of the superior court ant clerks of the and their assistants in the several counties shall receive the fol- superior court. lowing salaries, to be apportioned among them as provided in section 470: In the county of Hartford, seven thousand dollars; in the county of New Haven, eleven thousand six hundred dollars, of which two thousand dollars shall be paid to the assistant clerk of the superior court at Waterbury; in the county of Fairfield, nine thousand dollars; in the county of New London, four thousand dollars; in the county of Windham, three thousand dollars; in the county of Litchfield, three thousand dollars; in the county of Middlesex, two thousand eight hundred dollars; in the county of Tolland, two thousand dollars. Said salaries shall be in full for all services required by law of clerks of the supreme court of errors and of the superior court, and all fees payable by statute to said clerks shall belong to the state and shall be collected by them for its use. The superior court or any judge thereof may tax in favor of the clerk of said court for Hartford county a sum not exceeding one thousand dollars per annum for necessary clerical expenses and assistance. SEC. 2. This act shall take effect upon the first day of July, 1903, and all acts or parts of acts inconsistent herewith are hereby repealed. Approved, May 11, 1903. Title by adverse [Substitute for House Bill No. 215.] CHAPTER 85. An Act concerning Title by Adverse Possession of the Land of Be it enacted by the Senate and House of Representatives in SECTION 1. If any person shall take into his enclosure any part of land belonging to a railway company within the electric railway limits of which said company has located an electric railway, or shall erect any building upon any part of such land, said person shall not by adverse possession acquire any title to the land so enclosed or built upon. company. Damage by dogs to certain ani SEC. 2. This act shall take effect from its passage. [House Bill No. 68.] CHAPTER 86. An Act concerning Damage by Dogs. Be it enacted by the Senate and House of Representatives in Section 4478 of the general statutes is hereby amended by mals, how paid. inserting between the words "lambs" and "horses" in the second line thereof the words "Angora goats, Angora kids," so that said section when amended shall read as follows: When any resident of this state shall sustain damage by dogs to his sheep, lambs, Angora goats, Angora kids, horses, hogs, poultry, or cattle, he shall give information thereof to one of the selectmen of the town in which such damage was done within twentyfour hours after he has knowledge of the same, and thereupon one of the selectmen of said town, with a person to be named by the person suffering the damage, shall estimate the amount of said damage. In case the said selectman and the person thus named cannot agree upon the amount of the damage, they shall choose some disinterested third person to assist in estimating said damage. The amount of damage estimated by any two of said three persons shall be paid by such town, and it may recover such damages, when paid, from the owners, keepers, or harborers of such dogs, if residents of such town. If the owners, keepers, or harborers shall not be residents of the town in which the damage was done, the selectmen of the town in which the damage was done may institute a suit against the town or towns where such owners, keepers, or harborers reside, unless such owners, keepers, or harborers, or such town or towns shall, on notice, pay to the treasurer of the town where such damage was done the amount of such damage; and any town which shall be obliged to pay any damage as aforesaid may recover the amount thereof from the owners, keepers, or harborers of the dogs doing such damage. When the identity of the dogs by which the damage was done shall be established to the satisfaction of the selectmen of the town in which such dogs are owned, kept, or harbored, the selectmen shall order that such dogs be killed forthwith. Approved, May 11, 1903. [Substitute for Senate Bill No. 9.] CHAPTER 87. An Act concerning Witnesses in Criminal Cases in other New Be it enacted by the Senate and House of Representatives in Residents of evidence ecutions in SECTION 1. Any justice of the peace, upon receipt of a this state recertificate of the clerk of a court of record in any other New quired to give England state that a criminal prosecution is pending in such criminal proscourt and that a resident of this state is supposed to be a courts of other material witness therein, shall issue a summons requiring such witness to appear and testify at the court in which such case is pending. states. failure to at summoned. SEC. 2. If the person on whom such summons is served is Penalty for paid or tendered ten cents a mile to and from such court by the tend when ordinary traveled route and two dollars for each day's attendance required, he shall, if he neglects without good cause to attend as a witness at the court named in such summons, forfeit not more than three hundred dollars to any prosecutor suing therefor. SEC. 3. This act shall take effect from its passage. [House Bill No. 421.] CHAPTER 88. An Act concerning Insect Pests. Be it enacted by the Senate and House of Representatives in Certificate of Section 4388 of the general statutes is hereby amended by inspection of inserting after the word "contents in the fourth line thereof nursery stock. the words "have been thoroughly fumigated and," so that said Approved, May 11, 1903. Masons, Odd [Substitute for House Bill No. 297.] CHAPTER 89. An Act concerning Secret and Fraternal Societies. Be it enacted by the Senate and House of Representatives in Section 3592 of the general statutes is hereby amended by other societies. adding at the end of said section the following: "provided, that any society of Masons or Odd Fellows located in this state, or any association composed exclusively of Masons or Odd Fellows, may make application to the insurance commissioner to be included within the provisions of this chapter, as provided in section 3586, and when any such society or association has once come under the supervision of the insurance commissioner, it shall remain under his supervision and control so long as it shall continue to do business in this state," so that said section when amended shall read as follows: This chapter shall not apply to the societies of Masons or Odd Fellows located in this state, nor to associations composed exclusively of their respective members, nor to fraternal societies whose subordinate or national bodies pay a death benefit of not more than one hundred dollars and a weekly sick benefit of not more than eight dollars, nor to any organization conducted solely for benevolent and charitable purposes whose members are employed by one corporation or institution or by more than one similar corporation or institution or whose membership is confined to one trade, art, or profession, except as specified in section 3588; provided, that any society of Masons or Odd Fellows located in this state, or any association composed exclusively of Masons or Odd Fellows, may make application to the insurance commissioner to be included within the provisions of this chapter, as provided in section 3586, and when any such society or association has once come under the supervision of the insurance commissioner, it shall remain under his supervision and control so long as it shall continue to do business in this state. Approved, May 15, 1903. [House Bill No. 269.] CHAPTER 90. An Act concerning the Improvement of Highways by Order of Be it enacted by the Senate and House of Representatives in Section 2021 of the general statutes is hereby amended to read as follows: Whenever any town shall neglect to keep any public road within such town in good and sufficient repair, or whenever the selectmen of any town shall fail to remove or cause to be removed any encroachments upon any highway in such town, or to make such alterations or improvements therein as may be required by common convenience or necessity, the county commissioners of the county in which such road or highway is, or a majority of them, upon the written complaint of six or more citizens of this state under oath, and indorsed and approved by the state's attorney in said county after proper inquiry made by him, shall appoint a time and place when and where all persons interested may appear and be heard upon the propriety of such repairs, or of the removal of such encroachments, or of the making of such alterations and improvements, and shall give notice thereof to the first selectman of said town and to the person or persons maintaining such encroachments, by causing a true and attested copy of said complaint, accompanied with a summons notifying the said parties of said time and place, to be left with each of said parties, or at his usual place of abode, by some proper officer at least six days inclusive before the day appointed for the hearing; but before issuing any summons on said complaint said commissioners shall require of the complainants a sufficient bond for costs to the adverse parties, and may at any time thereafter require further bond for such costs. If the commissioners shall find that such road or highway ought to be repaired, or that such encroachments ought to be removed, or that such alterations and improvements should be made, they shall order the selectmen of such town to cause said road or highway to be repaired, and said encroachments to County commispel repair of highways. sioners to com |