The Somerset reporter., 1903-04-02

Section / Sections twenty three and
tNcALy-fUur OF chapter thirty nine Of the
revised statutes are hereby repealed.
Section =. This act shall take effect
when approved.
Approved March Isl
Chapter 1877.
An Act to amend Sections Thlrty-olght
Forty and Fitly one of Chapter sixty
-FOUR ii the REVISED Statutes, relating TO
executors and administrations.
Section J. Section thlrty-elght of chap
ter slNty-four OF the revised statutes Is
hereby amended by striking out the tirst
fifteen words and inserting In place there
of the following. Every executor or adj
minlatrat0r wtnln three months after his
appointment or within such further time,
not exceeding three months. as the judge
allows. SO mat said section as amended
shall read as follows
Section IS Every executor or admins
tIa,or WITHIN three months after his APP
pulutment or within such further time,
not exceeding three months, as the Judge
allows. shall Cuase notice OF his appoint
mcut TO be posted In two or more public
places 10 be specified by the judge III the
town where the deceased last dweit, II
an the state, and shall give such further
notice as the judge in writing directs
section :. Section forty Of chapter
siAty four Is amended 80 that the same
shall read as follows;
section 40 An affidavit OF the executor
or admins traitor or OF the person en-
ploycd by him to give such notice shall
he Hlcd with n copy of the notice In The
Probate court within one year after his
appointments. and the register shall note
thereon the time OF filing, enter the same
ON his docket, and record said affidavit
aud such record Is evidence OF the time
place and manner in which the notice
was given.
In case an appeal is taken from the
appointment of IN executor or admins
traitor, thon said affidavit shall be Med
noted, entered and recorded as above pro-
Vided within four months after final Ge-
cree.
In case OF n vacancy In the office of
executor or administrator before affidavit
has been illed as aforesaid then said anu
davit shall be filed as above provided
within four months after the appointment
OF the administrator de DonlS non or the
administrator with the will annexed.
Whenever an executor or administrator
fans to give said notice or to file such
affidavit as above provided he may be
removed from his trust by the judge OF
prubate in his discretion, upon petition
OF any interested party
Section 5. Section ntty-one of chapter
siXty-four OF the revised statutes, is
amended by striking out the following
words In the third and fourth lines IN
case of credits and rights TO property not
IN possession" 50 that said section as
amended shall read as follows;
Section 81, Every executor or admins
traitor snail account Tor the personal pro-
porty and effects named In the inventory
a
license ar provided in the preceding Sec
ton; but il loss accrues without his fault
or negligence, he may be allowed the
amount OF such loss IN his account ol ad-
mnistration; and II any goods or erects
not sold under license, allowed to the
widow nor distributed to the heirs or de-
Nlsces. are shown to be OF greater value
than they are appraised at he shall nc
count Tor the difference.
section 4. This act shall take effect
hen approved.
IApproyed March Isl
Chapter 1873.
An Act 10 amend Chapter eleven OF the
Public Laws OF eighteen hundred ana
eighty-sevoni as amended by Chapter
forty-four OF the Public Laws of eight
cen hundred and ninety mine, authoriZ-
ing cities ana towns To accept lesacies.
devises aud requests, ana TO ralse
section /. Section one Of chapter eleven
OF the public laws OF eighteen hundred
and olgnty -seVen, as amended by ehap-
ter forty-iour OF the public laws of eight
cen hundred and ninety-nine is hereby
amended by Inserting utter the word al
fairs In the ninth line thereof the words,
provided. however, that in cities the ac-
ceptance OF such devise, bequest or con-
council instead OF by the Inhabitants at
a special election, If the municipal officers
shah SO direct BY inserting after the
word meeting IN the eleventh line
thereof, the words, of the Inhabitants;
by Inserting after the word ''inhabitants
in the thirteenth line thereof, the words
or the city council at regular meeting
or at a special meeting called for that
purpose. by inserting after the word
''voters" In the fourteenth line thereof,
the words, or of the members OF the city
council so that said section, as amended
shall read as follows;
Section l. Whenever the municipal OIL
GERS OF any city or town are notified IN
writing by the executors of any WILL or
by the trustees created by virtue of the
terms thereof that a devise. or bequest
has been made upon conditions by the
testntor of said will; or by an individual
that he intends to make II conditional
gift, in behalf of said city or town; the
municipal officers of said city or town
to them, call a legal meeting of the In.
habitants of said city or town qualified
to vote upon city or town affairs; pro
vlded, however, that In cities the accept
ance of such devise, bequest or condition