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Chapter 136.

An Act to Amend Section Two of Chapter Thirty-two of the Revised Statutes, Relating to Traveling Circuses.

Be it enacted by the People of the State of Maine, as follows:

R. S., c. 32, sec. 2; relating to granting licenses for public amusements, amended. Section two of chapter thirty-two of the revised statutes is hereby amended by adding thereto the following: 'No traveling circus shall advertise or exhibit any parade, show or entertainment in this state without first paying a state license of five hundred dollars for each calendar year. Application for such license shall be made to the secretary of state and shall contain the name of the person or corporation owning or operating said traveling circus and a statement of the proposed territory within the limits of said state and the names of the cities and towns in which said traveling circus is to exhibit. Upon the payment of the sum of five hundred dollars, a license shall issue.

The advertising and exhibiting of any parade, show or entertainment of any traveling circus without first taking out such license shall be deemed a misdemeanor, and the person, persons, firm or corporation owning or controlling such traveling circus, or the manager or officer in charge thereof within the state shall be punished by a fine not exceeding one thousand dollars.

Municipal, superior or supreme judicial courts in the counties where such traveling circus advertises and exhibits or parades shall have jurisdiction over said offense,' so that said section, as amended, shall read as follows:

'Sec. 2. Traveling circuses to obtain a state license; application to be made to secretary of state; license fee; penalty; jurisdiction of courts over offense. The municipal officers of towns may grant licenses for any of the foregoing exhibitions or performances therein, on receiving for their town such sum as they deem proper; twenty-four hours being allowed for each exhibition or performance; and they shall prosecute, by complaint for the use of their town, all violators of the preceding section. No traveling circus shall advertise or exhibit any parade, show or entertainment in this state without first paying a state license of five hundred dollars for each calendar year. Application for such license shall be made to the secretary of state and shall contain the name of the person or corporation owning or operating said traveling circus and a statement of the proposed territory within the limits of said state and the names of the cities and towns in which said traveling circus is to exhibit. Upon the payment of the sum of five hundred dollars, a license shall issue.

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The advertising and exhibiting of any parade, show or entertainment of any traveling circus without first taking out such license shall be deemed a misdemeanor, and the person, persons, firm or corporation owning or controlling such traveling circus, or the manager or officer in charge thereof within the state shall be punished by a fine not exceeding one thousand dollars.

Municipal, superior or supreme judicial courts in the counties where such traveling circus advertises and exhibits or parades shall have jurisdiction over said offense.'

Approved March 31, 1923.

Chapter 137.

An Act to Expedite Highway and Bridge Construction Work Under Legislative Appropriations.

Emergency preamble. Whereas, the season for road work in the state of Maine begins about April fifteenth, and

Whereas, appropriations made by the legislature for road work are not available until the beginning of the fiscal year, on July first, and

Whereas, between April fifteenth and July first, road work can be done more advantageously, economically and with less inconvenience to the traveling public than at any other time, and

Whereas, in the judgment of the legislature these facts create an emergency within the meaning of section sixteen of article thirty-one of the constitution of the state of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now therefore,

Be it enacted by the People of the State of Maine, as follows:

Sec. I. Towns having money to become available from state for road or bridge work at beginning of a fiscal year may anticipate expenditure. Any town to which under any legislative enactment or resolve money will become available for road and bridge work at the beginning of the fiscal year, may, on or at any time after April fifteenth preceding the commencement of the fiscal year for which such appropriation is made, anticipate the expenditure of any appropriation for repair or improvement of a highway or bridge, by arranging to finance such work from funds of the town, or otherwise, prior to the date when such appropriation will become available.

Sec. 2.

State auditor authorized to approve bills created under provisions of sec. I. The state auditor is hereby authorized to approve any

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bill or account created in accordance with the provisions of section one of this act, against any appropriation available in any fiscal year, as though said bill or account was incurred during the time for which said appropriation was made.

Sec. 3. Emergency clause. In view of the emergency cited in the preamble, this act shall take effect when approved.

Approved March 31, 1923.

Chapter 138.

An Act to Amend Sections Six, Nine, and Seventeen of Chapter Seventy-eight of the Public Laws of Nineteen Hundred and Twenty-one, Relating to Auxiliary State Forests.

Be it enacted by the People of the State of Maine, as follows:

Sec. 1. P. L., 1921, c. 78, sec. 6; relating to exemptions from procuring licenses to operate on auxiliary forest lands, amended. . Section six of chapter seventy-eight of the public laws of nineteen hundred and twentyone is hereby amended by striking out the period in the seventh line of said section, and substituting in place thereof a semicolon and the words, 'provided that prior to April fifteenth of each year, a return of all land cleared for agricultural purposes, for building, or for highways during the year ending April first shall be made to the state land agent, giving the area and location of all land so cleared; and provided further, that all land so cleared shall thereupon automatically cease to be a part of the auxiliary state forest and shall be taxed in the same manner and at the same rate as other real property,' so that said section, as amended, shall read as follows:

'Sec. 6. Returns of all lands cleared for agricultural, building or highway purposes to be made prior to April 15; said lands cease to be part of auxiliary forests and shall be taxed. No person desiring to clear land for agricultural purposes, for building, or for highways, or to cut trees for use in building camps, dams, or the construction of ways, or for use as fuel in the course of lumbering operations, or from his own land for use upon his farm in the ordinary course of good husbandry, shall, for the purposes aforesaid, be required to comply with section five of this act unless the wood so cut is to be sold for fuel or sold or used for manufacture; provided that prior to April fifteenth of each year, a return of all land cleared for agricultural purposes, for building, or for highways during the year ending April first shall be made to the state land agent, giving the area and location of all land so cleared; and provided further, that all land so cleared shall thereupon automatically cease to be a part

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of the auxiliary state forest and shall be taxed in the same manner and at the same rate as other real property.'

Sec. 2. P. L., 1921, c. 78, sec. 9; relating to certain trees exempt from taxation, amended. Section nine of chapter seventy-eight of the public laws of nineteen hundred and twenty-one is hereby amended by striking out all of said section and substituting in place thereof the following:

'Sec. 9. Pine more than 16 inches in diameter, and hemlock, spruce and cedar more than 12 inches, at four feet from the ground, and all other trees to be taxed; land to be appraised not exceeding $5 per acre. State, town, and plantation assessors shall, for the purpose of taxing auxiliary state forests, appraise only the land, and pine trees more than sixteen inches in diameter at four feet from the ground; hemlock, spruce, and cedar trees more than twelve inches in diameter at four feet from the ground, and trees of all other species irrespective of size; provided, however, that the land shall be appraised at a valuation not to exceed five dollars per acre independent of any great pond therein.'

Sec. 3. P. L., c. 78, sec. 17; relating to withdrawing lands from auxiliary state forests, amended. Section seventeen of chapter seventy-eight of the public laws of nineteen hundred and twenty-one is hereby amended by striking out all of said section beginning with the words "the payment" in the fifth line of said section and substituting in place thereof the words, 'by paying back taxes from the date of listing of the auxiliary state forest on the full value of all timber standing thereon at the time of withdrawal, together with all expenses of administration incurred by the state land agent,' so that said section, as amended, shall read as follows:

'Sec. 17. Upon withdrawal, all taxes from date of listing, at full value, must be paid. Provided that all or any part of any land included in the auxiliary state forest may be withdrawn when for any reason it becomes more valuable for other purposes, by filing with the forest commissioner description of such land and by paying back taxes from the date of listing of the auxiliary state forest on the full value of all timber standing thereon at the time of withdrawal, together with all expenses of administration incurred by the state land agent.'

Approved March 31, 1923.

Chapter 139.

An Act to Amend Section Thirty of Chapter Sixty-four of the Revised Statutes, Relating to the Issuing of Burial and Transportation Permits by Sub-Registrars.

Be it enacted by the People of the State of Maine, as follows:

R. S., c. 64, sec. 30; relating to sub-registrars appointed to issue burial

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permits, amended. Section thirty of chapter sixty-four of the revised statutes is hereby amended by inserting after the word "two" in the first line of said section, the words, 'or more,' and by inserting after the word "permits" in the third line of said section, the words, 'and permits for transportation of dead human bodies,' so that said section, as amended, shall read as follows:

'Sec. 30. Two or more persons may be appointed; they may also issue permits to transport dead bodies. The town or city clerk may appoint two or more suitable and proper persons, in each town or city, as sub-registrars, who shall be authorized to issue burial permits, and permits for transportation of dead human bodies, based upon a death certificate, as hereinbefore provided, in the same manner as is required of the town or city clerk; and the said death certificate upon which the permit is issued shall be forwarded to the town clerk within six days after receiving the same, and all permits by whomsoever issued shall be returned to the town clerk as required by section twenty-nine. The appointment of sub-registrars shall be made with reference to locality, so as to best suit the convenience of the inhabitants of the town, and such appointment shall be in writing and recorded in the office of the town or city clerk; the subregistrars in any town shall hold office at the pleasure of the town clerk.'

Approved March 31, 1923.

Chapter 140.

An Act to Amend Section Sixty-seven of Chapter Eighty-two of the Revised Statutes, as Amended by Chapter Two Hundred and Ten of the Public Laws of Nineteen Hundred and Nineteen, Relating to the Attorney-General.

Be it enacted by the People of the State of Maine, as follows:

Sec. 1. R. S., c. 82, sec. 67; P. L., 1919, c. 210; relating to appointment of deputy attorney-general, etc., amended. Section sixty-seven of chapter eighty-two of the revised statutes, as amended by chapter two hundred and ten of the public laws of nineteen hundred and nineteen, is hereby amended by striking out in the nineteenth line of said section the words, "funds in the state treasury received under the inheritance tax law," and inserting in place thereof the words, 'appropriation for salaries and clerk hire of said department,' so that, as amended, said section shall read as follows:

'Sec. 67. Salary and expenses of assistant attorney-general enforcing inheritance tax law to be paid from appropriation for salaries and clerk hire. The attorney-general shall appoint a deputy attorney-general, who shall serve during the pleasure of the attorney-general or until a successor is duly appointed and qualified. His office shall be at the capitol and he