CHAP. 147 Section thirteen of chapter eighty of the revised statutes is hereby amended, by inserting after the word "intended" in the eleventh line thereof, the following words, 'Such election may be made by an insane widow or insane widower by his or her guardian, or by a guardian ad litem appointed for the purpose,' so that said section, as amended, shall read as follows: 'Sec. 13. Election to waive provisions of will may be made by insane widow or widower, by guardian. When a specific provision is made in a . will, for the widow or widower of a testator or testatrix, who was married before the first day of May, eighteen hundred and ninety-five, and died since the first day of January, eighteen hundred and ninety-seven, or who was married on or after said first day of May, such legatee or devisee may within six months after probate of said will and not afterwards, except as hereinafter provided, make election, and file notice thereof in the registry of probate, whether to accept said provision or claim the right and interest by descent, herein provided; but is not entitled to both, unless it appear by the will that the testator or testatrix plainly so intended. Such election may be made by an insane widow or insane widower by his or her guardian, or by a guardian ad litem appointed for the purpose. If such election is not made within six months after probate of a will, and the estate is thereafter rendered insolvent, and commissioners are appointed by the judge of probate, such election may be made at any time within six months after the appointment of such commissioners. Such election shall not affect any title to real estate theretofore acquired from the executor or administrator with the will annexed, but the widow or widower may recover from such executor or administrator, if not paid within thirty days after demand therefor in writing, one-third of any sums received from real estate sold before such waiver was filed. Whenever the widow or widower is advised that the legal construction of the provisions of the will for her or him is doubtful or uncertain, the time for making such election shall be extended to thirty days after certificate is returned to the probate court in the county where the probate proceedings are had, of the final decision by the supreme judicial court upon a bill in equity, commenced by said legatee or devisee within thirty days after the probate of the will, to obtain the decision of the court as to his or her rights under it, but in no case shall the time for election be less than six months after probate. The clerk of courts for the county in which the proceedings in equity are commenced, within three days after receipt of the decision. therein, shall send notice of the same to the widow or widower, or her or his solicitor of record, and transmit a certified copy of the decree to the proper probate court, where it shall be recorded, with the time of its reception.' Approved April 4, 1923. CHAP. 148 Chapter 148. An Act Additional to Chapter Seventy-seven of the Revised Statutes, Relating to Who Shall Cite a Trust Officer to Account. Be it enacted by the People of the State of Maine, as follows: R. S., c. 77; amended by adding new section. Chapter seventy-seven of the revised statutes is hereby amended by adding thereto the following section, which shall be called section twenty-one : 'Sec. 21. Surety on probate bond may cite trust officer for an accounting. Whenever any surety on any probate bond has reason to believe that the trust officer has depleted, or is wasting or mismanaging the estate, such surety may cite such trust officer before the judge of probate in the same manner as trust officers may be cited by the provisions of sections seventy-one, seventy-two and seventy-three of chapter sixty-eight of the revised statutes; and if upon hearing the judge of probate is satisfied that the estate held in trust by such officer has been depleted, wasted or mismanaged, he may remove said trust officer and appoint another in his stead.' Approved April 4, 1923. Chapter 149. An Act Providing for Inspection, Registration and Safety of Vessels Engaged in Inland Navigation under the Jurisdiction of the Public Utilities Commission, and Repealing Sections Four to Sixteen, Inclusive, of Chapter Fifty-nine of the Revised Statutes, and Chapter One Hundred and Ninety-five of the Public Laws of Nineteen Hundred and Twenty-one. Emergency preamble. Whereas, the state of Maine heretofore has provided by law for the inspection of vessels, engaged in transportation of persons and property upon inland waters of the state for the purpose of insuring the safety of passengers and property while so transported, and whereas, the law hereinafter set forth provides for the safety of said passengers and property and contains a clause repealing prior provisions for such safety, and whereas, the terms of the present inspectors expire before the time when this act would automatically take effect, and whereas, it is essential for the public peace, health and safety that the work shall be continued by inspectors appointed under this act, and whereas, by reason of the foregoing facts the immediate passage of this act is necessary for the public peace, health and safety, and constitutes in the judgment of the legislature an emergency within the meaning of the constitution of this state, therefore, Be it enacted by the People of the State of Maine, as follows: Sec. 1. Inspection of vessels navigated on inland waters of state placed under jurisdiction of public utilities commission. Every vessel subject to CHAP. 149 the provisions of this act and every person, firm or corporation owning or operating the same is hereby placed under the jurisdiction of the public utilities commission, for the purposes enumerated in this act. The commission shall employ such inspectors, engineers or other assistants as may be required to carry out the provisions of this act. Sec. 2. Definitions. The term "commission" when used in this act means the public utilities commission. The term "vessel" when used in this act means any boat or vessel operated by machinery propelled by steam or other motive power. The term "steamboat" when used in this act means any vessel propelled by steam. The term "motor-boat" when used in this act means any vessel propelled by motive power other than steam. Sec. 3. Lights to be shown; how lights shall be fitted; penalties. Every vessel navigated upon any of the inland waters of this state, and not subject to the authority of the United States inspection laws, between the hours of sunset and sunrise shall show: 1. On the starboard or right side a green light, of such a character as to be visible on a dark night with a clear atmosphere, at a distance of at least one mile, so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side. 2. On the port or left side a red light of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least one mile, so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The green and red lights shall be fitted with inboard screens, so as to prevent the lights from being seen across the bow and the illuminated portion of such lights of lenses shall be not less than three inches in diameter. Provided, however, that in the case of small vessels the public utilities commission may make special rules for lights of a different character. Whoever neglects or refuses to observe the provisions of this section shall be punished by a fine of ten dollars. Sec. 4. Steamboats and motor-boats shall be inspected; certificate of inspection; vessels kept for use in connection with camps and schools CHAP. 149 subject to provisions. Every steamboat navigated upon inland waters, and every motor-boat used for hire for the transportation of passengers or freight upon inland waters, before being so employed, shall be inspected and obtain from the commission a certificate authorizing its use subject to the following provisions: The owner or operator of any such vessel shall make application to the commission for registration, subject to such reasonable rules and regulations as the commission may make, which registration, if granted, shall terminate on the last day of the calendar year in which it is issued. A vessel kept for use or rental either by itself or in connection with a camp, cottage or real estate, or used in connection with any school or camp to which boys or girls are admitted for compensation, or utilized by any officer, agent or employee of such camp or school, for the transportation of any such boys or girls, shall be considered as kept for hire and shall be subject to the provisions of this act. *Sec. 5. Woodwork about boilers, chimneys, etc., to be protected. Every vessel shall be constructed so that the woodwork about the boilers, chimneys, fire-boxes, cook houses, stove and steam pipes exposed to ignition shall be thoroughly protected by some incombustible material, in such a manner as to permit the air to circulate freely between such material and woodwork and other ignitible substance; and before granting a certificate of inspection, the commission shall require such other provisions to be made as they shall deem necessary to guard against loss or damage by fire. Sec. 6. Registration number to be displayed; certain vessels to have name painted on sides of bow. Every vessel subject to registration shall display upon each side of the bow its registration number, in numerals painted upon or attached thereto, of suitable size and color and so placed. as to be always plainly visible. Every such vessel more than thirty feet in length measured from end to end over deck, excluding sheer, shall have her name painted upon each side of the bow or attached thereto in letters of suitable size and color and so placed as to be always plainly visible. The name of such vessel shall not be changed without the consent of the commission. Sec. 7. Boats, properly equipped, to be carried by vessels over 30 feet in length; life preservers. Every vessel more than thirty feet in length, measured from end to end along deck, excluding sheer, subject to registration, shall have at least one substantial boat, with life lines attached, properly supplied with oars, kept tight and in good condition at all times, and ready for immediate use. In addition thereto, such other boats shall be carried as the commission, on account of the route or the number of passengers, may deem requisite. It shall be the duty of the master of such vessel to exercise and discipline his crew in the launching, use and CHAP. 149 management of the boats until they become skilful boatmen. The commission may make such rules and regulations as it deems necessary, designating what boats, if any, shall be carried by vessels less than thirty feet in length. Every vessel shall be provided with one life preserver, approved by the commission, for each passenger and each member of the crew. The life preservers shall be kept in convenient, accessible places in such vessel, in readiness for immediate use in case of accident, and the places where they are kept shall be indicated by printed notices; posted in such places on the vessel as the commission shall direct. Floats also may be required by the commission. Any vessel or scow while towed by another vessel shall have on board one life preserver for each person on board and shall carry such other equipment as is deemed necessary by the commission, together with a certificate, to be kept on board said vessel or scow, stating what equipment shall be carried. The commission may from time to time make such reasonable rules and regulations relating to other equipment and safety appliances for vessels subject to the provisions of this act, as they may deem necessary. Sec. 8. Stairways and gangways to be provided. Every vessel whose size and manner of construction require it shall be provided with permanent stairways and other adequate means for convenient passage from one deck to another, with gangways sufficiently large to allow persons to pass without obstruction, by freight or otherwise, fore and aft for the entire length of the vessel, and to and along the guards thereof. Sec. 9. Fees for registration, inspection, licensing; fees to be paid into state treasury. The owners of each vessel registered under this act shall pay to the commission the sum of one dollar for each registration. The owners of each vessel inspected and certified under this act shall pay to the commission the sum of five dollars for each inspection, and each person licensed under this act shall pay to the commission the sum of two dollars for every original license, and two dollars for each renewal thereof; provided that in the case of a vessel of three tons, or less, of gross measurement, no fees for inspection or license shall be required or paid; provided, also, that in cases where the master is also pilot of the vessel, he shall not be required to hold two licenses, but may act in either or both capacities under one license, when the license expressly authorizes him to do so. The commission shall account for all sums of money received under this act, and pay the same into the state treasury. Sec. 10. Annual inspections provided for; commission to fix carrying |