Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-06

, described, with the date and amount of
assessment on each: The treasurer OF
state shall, in his books credit the county
treasurer for the amount Of each such as
sessment when collected by him and shall
certify and pay to said county treasurer
the amount of tax and interest so collecI-
ed on or before the last day of each April,
August and December and so much OF
said tax and interest so collected as may
be necessary is hereby appropriated to
pay the same to the several county treas
urers. and the governor and council are
hereby authorized to- draw their warrants
for the same as above provided
approved April p
Chapter 260.
An Act to amend Section thirteen of
Chapter seventy-seven of the Revised
Statutes, making certain the rights OF
a widow or widower in case of waiver
of the provision of the will of the de-
ceased husband or wife.
Section thirteen of chapter seventy
seven of the, revised statues is
word receive" in the thirty-sxth line
the words, the same share of the real es-
tate and; also by inserting after the
Word N 5he a,an Sv
ing after the word. receive" in the forty
! second line, the words, the same share
| of the real estate and; and by inserting
before the word. personal in the forty,
| sixth line words, real and SO that said
| section amended shall read as fol-
| lows:
|
is made in a will. for the widow or wild
| over of testator or testatriX, who was
married before May one. eighteen hun
dred and ninety-five, and died since jan
| uary one, eighteen hundred and ninety
| seven, or who was married on or after
| said May one, 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 probate court,
whether TO accept said provision or claim
the right and interest by descent, herein
provided; but is not entitled to both, un-
| less it appear by the will that the tes-
| tator or testatriX plainly so intended.
| 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 heretofore acquired from the
executor or administrator with the will
annexed, but the widow or WidoWer may
recover from such executor or admins
traitor, if not paid within thirty days af-
ter demand therefor in writing, One-thrd
of any sums received from real estate
sold before such waiver was filed. When
ever the widow or widower is advised
that the legal construction of the pro-
visions of the will for her or him is
doubtful or uncertain, the time for max
ing 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 of 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 pro-
ceedlngs in equity are commenced, with
in three days after receipt of the de-
cision therein, shall send notice of the
same to the widow or widower, or her
or his solicitor OF record, and transmit
certified copy of the decree to the |
proper probate court, where it shall be |
When provision is made in a will for
the widow of a testator who died after |
April twenty-siXth, eighteen hundred and
testatriX, who died after June one nine
teen hundred and three, and such pro-
vision is waived as aforesaid, such wild |
ow or widower shall have and receive |
the same share of the real estate and |
the same distributive share of the real |
and personal estate of such testator or |
testatrix as is provided by law in intes-
for his widow in the will of a testator |
who died after April twenty-sixtll, eigh-
teen hundred and ninety-seven, or for |
her widower in the will of a testatrix. |
who died after June one, nineteen hun
dred and three, such widow or widower
shall likewise have and receive the same
share in the real estate and the same dis
trlbutive share of the personal estate of |
such teStator or testatriX as is provided |
by law in intestate estates, provided such
widow or widower shall within six
months after the probate of such will
file in the probate court written notice
that she or he claims such share of the
real and personal estate of such tesla
tor or testatrix. Any notice filed under
the provisions of this section shall be
recorded by the register of probate in
the record books of the probate court
where such notice is filed. but failure
to record such notice shall not in any
way affect the rights of any widow or
widower. -(Approved April %
Chapter 261.
An Act to amend Section fifteen of
Chapter four of the Revised Statutes
relating to the Election of Road Com
missioner
- Section fifteen of Chapter four of the
Revised Statutes is amended by strik-
ing out the words fill out the unex-
section and inserting in place thereof
the words serve as road commissioner
until the next annual meeting, SO that
SAID section as amended shall read:
Section L. If person elected as
road commissioner fails to qualify be-
fore the first Monday of April the of
be filled by. the selectmen by appoint
ment; and in the event of vacancy
caused by death or otherwise. the Sc
lectmen shall appoint some competent
person to serve as road commissioner
until the next annual meeting, who
shall qualify and perform the duties Of |
said office. If town fails to elect a
road commissioner at its annual meet /
ing, the money raised and assessed for
the repair of bridges and ways as pro-
Nided by section seventy of chapter
twenty-three shall be expended for that |
purpose by the selectmen: if after the
choice of any officer not required to be |
chosen by ballot, there is a vacancy in |
amy such office. the municipal officers |
may fill such vacancies by the written |
appointment Of proper persons who |
shall be summoned by the constable Il, |
appear and take the oath of office pro-
vided in section twenty-five subject to |
the penalties provided in section twenty |
six. Such appointment and oath shall |
be recorded as in case of a choice by |
the town. No person shall be 50 an. |
pointed without his consent. Approved |
Chapter 262.
An Act to authorize Cities and Towns |
to permit the use of Lunch Wagons |
on public ways.
Section l. The mayor and aldermen
of any city or selectmen of any town, |
may if in their opinion public conven-
fence so requires, license any reputable |
person upon the payment of an annual !
license fee, to be fixed by said licensing
authority, to maintain q vehicle for the |