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CHAP. 177

committee shall determine the relative amount of service to be performed by the superintendent in each town, including the minimum number of visits to be made each term to each school, fix his salary, apportion the amounts thereof to be paid by the several towns, which amounts shall be certified to the treasurers of said towns, respectively, and to the state superintendent of public schools, together with the amounts apportioned to each town, provided, that the amount so certified shall be in proportion to the amount of service performed in the several towns. Said joint committee, at the time of its organization, or as soon thereafter as possible, and whenever a vacancy shall occur, shall choose by ballot a superintendent of schools for a term of not more than five years and the term for which a superintendent is elected shall, in all cases, end on the thirtieth day of June of the year in which the contract expires, provided, however, that said committee, by a two-thirds vote of its full membership, after due notice and investigation, may, for cause, discharge a superintendent of schools before the expiration of the term for which he was elected, and after such discharge the salary of said superintendent shall cease.'

Approved April 3, 1923.

Chapter 177.

An Act to Amend Section Thirteen of Chapter Seventy-six of the Revised Statutes, Relating to Proof of Appointment.

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

R. S., c. 76, sec. 13; relating to proof of appointment of executors and administrators of non-resident decedents. Section thirteen of chapter seventy-six of the revised statutes is hereby amended, by striking out all of said section after the word "guardian" in the second line thereof, and inserting in place thereof the following: 'or committee of the person or property or any similar official of whatever title, wherever appointed by any court of competent authority having jurisdiction in any of the United States or any foreign country, filed, examined and allowed by any judge of probate in this state is sufficient proof of appointment to entitle such official to the benefit of the preceding section,' so that said section, as amended, shall read as follows:

'Sec. 13. Provisions enlarged so as to include appointments of committees of the person or property and similar officials. A duly authenticated copy of the appointment of such executor, administrator, conservator, guardian or committee of the person or property or any similar official of whatever title, wherever appointed by any court of competent authority having jurisdiction in any of the United States or any foreign country, filed, examined and allowed by any judge of probate in this state is suffi

CHAP. 178

cient proof of appointment to entitle such official to the benefit of the preceding section.’

Approved April 4, 1923.

Chapter 178.

An Act to Amend Section Twelve of Chapter Seventy-six of the Revised Statutes, as Amended by Chapter Ninety-five of the Public Laws of Nineteen Hundred and Nineteen, Relating to Sale of Real Estate of Non-residents or of Minors Out of the State.

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

R. S., c. 76, sec. 12; P. L., 1919, c. 95; relating to sale of estates of nonresident decedents, amended. Section twelve of chapter seventy-six of the revised statutes, as amended by chapter ninety-five of the public laws of nineteen hundred and nineteen is hereby amended, by inserting after the word "state" in the sixth line thereof, the following, 'committee of the person or property or any person acting under official appointment, by whatever name called,' so that said section, as amended, shall read as follows:

'Sec. 12. Provisions enlarged so as to include licenses to committees of the person or property or similar officials. The supreme judicial and probate courts may grant licenses to continue in force for three years, to executors and administrators of persons dying out of the state or in a foreign country, guardians of wards living out of the state, or in a foreign country, conservators of the property of persons living out of the state, committee of the person or property or any person acting under official appointment by whatever name called, or some other suitable person on their petition, to sell and convey real estate or any interest therein in the state, as if such deceased persons had died and such wards or persons lived in the state, and such executors, administrators, conservators guardians had been here appointed; and all proceedings in such cases before any probate court shall be had before the judge of probate for the county where the real estate or any part thereof lies, and the bond required shall be given to him. The person so licensed shall, within six months from any such sale, render an account to the probate court and after payment of expenses and evidence that there are no debts due within the state; that all inheritance taxes due the state, if any, have been paid, on petition. the court may decree that the balance of such an account may be transmitted to the foreign representative of the estate, and all future liability of surety or sureties on bond for sale of real estate shall terminate.'

Approved April 4, 1923.

CHAP. 179

Chapter 179.

An Act to Amend Section Twenty-six of Chapter Seventy of the Revised Statutes, as Amended by Chapter Forty of the Public Laws of Nineteen Hundred and Nineteen, Relating to Payment of Legacies.

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

R. S., c. 70, sec. 26; P. L., 1919, c. 40; relating to time when legacies are payable, amended. Section twenty-six of chapter seventy of the revised statutes, as. amended by chapter forty of the public laws of nineteen hundred and nineteen, is hereby amended, by striking out the following words in the last two lines, "unless he has failed to give notice of his appointment as required by law and the judge of probate," so that said section, as amended, shall read as follows:

'Sec. 26. Legacies payable in 20 months after allowance of will irrespective of failure to give notice of appointment by executor or administrator. Legacies shall be payable in twenty months after final allowance of the will; but such payments shall not be affected by any claims presented to the executor, or administrator with the will annexed, or filed in the probate office after the expiration of said twenty months and after such payment; nor shall the executor or administrator with the will annexed be responsible for the payments of said legacies on account of such claims.'

Approved April 4, 1923.

Chapter 180.

An Act to Amend Section Five of Chapter Sixty-seven of the Revised Statutes, Relating to Sessions of Probate Court.

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

R. S., c. 67, sec. 5; relating to times of holding sessions of probate court, amended. Section five of chapter sixty-seven of the revised statutes is hereby amended by striking out all of said section and enacting in place thereof the following:

'Sec. 5. Probate courts to be in constant session; certain days to be fixed upon which matters requiring public notice shall be made returnable. Probate court shall always be open in each county for all matters over which it has jurisdiction, except upon days on which, by law, no court is held, but it shall have certain fixed days and places to be made known by public notification thereof in their respective counties, to which all matters requiring public notice shall be made returnable; and in case of the absence of the judge, or vacancy in the office at the time of holding any court, the register, or acting register, may adjourn the same until the judge can attend, or some other probate judge can be notified and attend.'

Approved April 4, 1923.

CHAP. 181

Chapter 181.

An Act to Amend Section Forty-three of Chapter One Hundred and Seventeen of the Revised Statutes, as Amended by the Public Laws of Nineteen Hundred and Nineteen, and Twenty-one, Relating to the Compensation of Register of Deeds of Knox County.

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

R. S., c. 117, sec. 43; P. L., 1919, c. 214; 1921, c. 219; relating to salary of register of deeds of Knox county, amended; salary increased to $1450. Section forty-three of chapter one hundred and seventeen of the revised statutes, pertaining to compensation of the register of deeds of Knox county, as amended by chapter two hundred and fourteen of the public laws of nineteen hundred and nineteen and chapter two hundred and nineteen of the public laws of nineteen hundred and twenty-one is hereby further amended by striking out the words "twelve hundred and fifty dollars" in the eleventh line thereof and inserting in place thereof the words 'fourteen hundred and fifty dollars,' so said line of said section relating to Knox county, as amended, shall read as follows: 'Knox, fourteen hundred and fifty dollars.'

Approved April 4, 1923.

Chapter 182.

An Act to Amend Section Sixteen of Chapter. Nine of the Revised Statutes, as Amended by Chapter Two Hundred and Eighty-five of the Public Laws of Nineteen Hundred and Seventeen, and Chapter One Hundred and Ninety-nine of the Public Laws of Nineteen Hundred and Nineteen, Relating to Inventory of Exempt Live Stock and Fowl.

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

R. S., c. 9, sec. 16; P. L., 1917, c. 285; 1919, c. 199; relating to live stock and fowl exempt from taxation, amended. Section sixteen of chapter nine of the revised statutes, as amended by chapter two hundred eighty-five of the public laws of nineteen hundred seventeen, and as further amended by chapter one hundred ninety-nine of the public laws of nineteen hundred nineteen, is hereby further amended by striking out the word "and" in the fourth line of said section, and by inserting after the word "ten" in said fourth line the words, 'and domestic fowl to the number of fifty,' so that said section, as amended, shall read as follows:

'Sec. 16. Domestic fowl in excess of 50, exempt from taxation. Assessors of taxes shall include in the inventory, required to be taken on April first, the number and value of all neat cattle, eighteen months old and under, all sheep to the number of thirty-five, swine to the number of ten, and domestic fowl to the number of fifty, stated separately, and at every fifth year after nineteen hundred and eighteen the number and value of each kind of domestic fowl. They shall make return thereof to the state

CHAP. 183

assessors, who shall tabulate the returns and publish them in detail. Said property shall not be included in the tax list.'

Approved April 4, 1923.

Chapter 183.

An Act to Amend Section Thirty-five of Chapter One Hundred and Four of the Revised Statutes, Relating to Reduction of Bail by Bail Commissioners.

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

R. S., c. 104, sec. 35; relating to bail commissioners admitting persons to bail for not finding sureties, amended. Section thirty-five of chapter one hundred four of the revised statutes is hereby amended by inserting after the words, "superior court" in the seventeenth line of said section, the words, or by a judge of a municipal court,' and by adding at the end of said section the words, 'No attorney at law who has acted as bail commissioner in any proceeding shall act as attorney for or in behalf of any respondent for whom he has taken bail in such proceeding; nor shall any attorney at law who has acted as such attorney for a respondent in any offense act as bail commissioner in any proceeding growing out of the offense with which the respondent is charged or for not finding sureties on a recognizance growing out of such proceeding,' so that said section, as amended, shall read as follows:

'Sec. 35. Attorney who has admitted to bail not to act as attorney for respondent. When a person is confined in a jail for a bailable offense, or for not finding sureties on a recognizance, except when a verdict of guilty has been rendered against him for an offense punishable in the state prison, and except when such person is committed pending decision on report or exceptions as provided in section twenty-seven of chapter one hundred and thirty-six, any such commissioner, on application, may inquire into the case and admit him to bail, and exercise the same power as any justice of the supreme judicial court or superior court can; and may issue a writ of habeas corpus, and cause such person to be brought before him for this purpose, and may take such recognizance; provided, however, that during a term of the supreme judicial court or superior court a bail commissioner is not authorized to admit to bail any person confined in jail or held under arrest by virtue of a precept returnable to said term; and when a person is confined in jail for a bailable offense, or for not finding sureties on a recognizance, and the amount of his bail has been fixed by a justice of the supreme judicial court or by a judge of a superior court, or by a judge of a municipal court, a bail commissioner is not authorized to change the amount of such bail. Such bail commissioner shall receive not exceeding the sum of five dollars in each case in which bail is so taken, the same

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