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Section 2. Before any restraint shall be imposed under the authority of this act, a voluntary agreement shall be made in writing by the person suffering from the effects of any drug mentioned in section one of this act, to the imposition of restraint upon his actions, if necessary, and such agreement must be witnessed by the husband, wife, or parent of the person aforesaid, or one of the municipal officers of the city or town in which the person, suffering as described in this act, is a resident, and approved, after reasonable notice, by a justice of the supreme judicial court or a judge of the superior court or probate court. in the county where the patient resides.

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as to progress

of cases may

required.

Section 3. Any justice of the supreme judicial court, or a Investigation judge of the superior court or probate court in the county where the patient resides, may, at his discretion, require the president or secretary of the state board of health, or one of the county. examiners of insane criminals, to investigate as to the progress of any such case; and, upon his certificate that further restraint release may is unnecessary, may annul the agreement, and the person investigation restrained shall be immediately released upon the order of said

justice.

Approved February 9, 1905.

follow

Chapter 4.

An Act to amend Section thirty-nine of Chapter ninety-three of the
Revised Statutes, relating to the filing of certificates of liens on Real
Estate.

Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:

Section thirty-nine of chapter ninety-three of the revised statutes is hereby amended by inserting after the word "county" in the last line of said section the words 'or district;' so that said section as amended, shall read as follows:

'Section 39. When any bill or petition provided for in this chapter in which a lien is claimed on real estate is filed with the clerk, he shall forthwith file a certificate, setting forth the names of the parties, the date of the bill or petition, and of the filing thereof and a description of the said real estate as described in said bill or petition, in the registry of deeds for the county or district in which the land is situated.'

Section 2. This act shall take effect when approved.

Approved February 9, 1905.

Section 39,
R. S.,

chapter 93,

amended.

Filing of registry required.

certificate in

of deeds

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Chapter 5.

An Act to amend paragraph four of Section one of Chapter seventy-three of the Revised Statutes, relating to Sales of real estate by license of court.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section 1. Paragraph four of section one of chapter seventythree of the revised statutes is hereby amended by adding thereto the following words: 'and of the guardian of an insane husband, resident in the county, to sell in like manner, the right and interest by descent, of such ward, in any real estate owned by his wife;' so that said paragraph as amended, shall read as follows: 'IV. Of a husband or guardian of an insane wife resident in the county, to sell, on such terms and conditions as the judge thinks proper, for a sufficient consideration, any real estate held by him in right of his wife, or any of her right and interest by descent in any real estate owned by him; and of the guardian of an insane husband, resident in the county, to sell in like manner, the right and interest by descent, of such ward, in any real estate owned by his wife.'

Section 2. This act shall take effect when approved.

Approved February 9, 1905.

Section 26,
chapter 69,
R. S.,
a mended.

Disability of adults

under

guardianship

Chapter 6.

An Act to amend Section twenty-six of Chapter sixty-nine of the Revised
Statutes, relating to the disability of Adults under guardianship.

Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:

Section 1. Section twenty-six of chapter sixty-nine of the revised statutes is hereby amended by striking out the words. "and in such a case a new guardian may be appointed without further intervention of the municipal officers," in the fourth and fifth lines of said section; so that said section as amended, shall read as follows:

'Section 26. When a person over twenty-one years of age is under guardianship, he is incapable of disposing of his prophow restored. erty otherwise than by his last will, or of making any contract, notwithstanding the death, resignation or removal of the guardian. When on application of any such person or otherwise, the judge finds that a guardian is no longer necessary, he shall order the remaining property of the ward to be restored to him, except a legal compensation to the guardian for his services.' Section 2. This act shall take effect when approved. Approved February 9, 1905.

CHAP. 7

Chapter 7.

An Act in relation to the assessment of taxes on the estates of deceased persons before the appointment of Executors or Administrators of such estates.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section 1. Paragraph eight of section thirteen of chapter nine of the revised statutes is hereby amended by adding to said paragraph the following:

'Before the appointment of executors or administrators, the property of deceased persons shall be assessed to the estate of the deceased in the town where he last dwelt, if in the state, otherwise in the town where the property is on the first day of April, and the executors or administrators subsequently appointed shall be liable for the tax so assessed,' so that said paragraph as amended, shall read as follows:

'VIII. The personal property of deceased persons in the hands of their executors or administrators not distributed, shall be assessed to the executors or administrators in the town where the deceased last dwelt, until they give notice to the assessors that said property has been distributed and paid to the persons entitled to receive it. If the deceased at the time of his death did not reside in the state, such property shall be assessed in the ' town in which said executors or administrators live. Before the appointment of executors or administrators the property of deceased persons shall be assessed to the estate of the deceased in the town where he last dwelt, if in the state, otherwise in the town where the property is on the first day of April, and the executors or administrators subsequently appointed shall be liable for the tax so assessed.'

Section 2. This act shall take effect when approved.

Approved February 9, 1905.

Paragraph 8, chapter 9,

section 13,

R. S., amended.

Personal

property persons in

of deceased

hands of guardians, etc., how assessed.

Chapter 8.

An Act to repeal Section fifteen of Chapter thirty-two of the Revised
Statutes, relating to bounties on Porcupines.

Be it enacted by the Senate and House of Representatives in
Legislature assembled, as follows:

Section 1. Section fifteen of chapter thirty-two of the revised statutes of nineteen hundred and three, relating to bounties on porcupines is hereby repealed.

Section 2. This act shall take effect ten days after its

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Chapter 9.

An Act to amend Section six of Chapter sixty-five of the Revised Statutes relating to Probate Courts.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section 1. Section six of chapter sixty-five of the revised statutes is hereby amended, so as to read as follows:

'Section 6. During the sickness, absence from the state or inability of any judge of probate to hold the regular terms of his court, such terms, at his request or that of the register of the county, may be held by the judge of any other county; the judges may interchange services or perform each others' duties when they find it necessary or convenient, and in case of the death of a judge, all necessary terms of the probate court for the county, may, at the request of the register, be held by the judge of another county, until the vacancy is filled. The orders, decrees and decisions of the judge holding such terms, have the same force and validity as if made by the judge of the county in which such terms are held.'

Section 2. This act shall take effect when approved.

Approved February 14, 1905.

Section 24, chapter 144, R. S., amended.

support of insane paupers, how paid.

-when to be paid by state.

Chapter 10.

An Act to amend Section twenty-four of Chapter one hundred and fortyfour of the Revised Statutes, relating to Insane Persons.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section twenty-four of chapter one hundred and forty-four of the revised statutes is hereby amended by inserting after the word "therefor" in the eighth line of said section the following words:

'And the reasonable expenses incurred by said town relative to such insane person, shall be included in the amount to be so refunded by the state', so that said section as amended, shall read as follows:

'Section 24. Any town thus made chargeable in the first instance, and paying for the commitment and support of the insane at a hospital, may recover the amount paid, from the insane, if able, or from persons legally liable for his support, or from the town where his legal settlement is, as if incurred for the expense of a pauper, but if he has no legal settlement in the state, such expenses shall be refunded by the state, and the

governor and council shall audit all such claims, and draw their warrant on the treasurer therefor. And the reasonable expenses and services of the municipal officers of said town. relative to such insane person, shall be included in the amount to be so refunded by the state. No insane person shall suffer any of the disabilities of pauperism nor be deemed a pauper, by reason of such support. But the time during which the insane person is so supported shall not be included in the period of residence necessary to change his settlement.'

Approved February 15, 1905.

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Chapter 11.

An Act to amend Section one hundred and thirteen of Chapter fifteen of the Revised Statutes, relating to the number of trustees of State Normal Schools.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

Section 1. Section one hundred and thirteen of chapter fifteen of the revised statutes is hereby amended by substituting for the word "seven" in the second line of said section the word 'eight' and by substituting for the word "five" also in said second line the word 'six' so that said section as amended, shall read as follows:

Section 113,

chapter 15,

R. S.,

amended.

Appointment

of trustees

of normal

schools.

of trustees.

Section 113. Said schools are under the direction of a board
of eight trustees, six of whom shall be appointed by the governor
with the advice and consent of the council, for not more than
three years under one appointment; and the governor and state
superintendent of public schools are, by virtue of their office,
members of the board. Said board has charge of the general duties
interests of said schools; shall see that the affairs thereof are
conducted as required by law and by such by-laws as the board
adopt; employ teachers and lecturers for the same, and, annu-
ally, on the first day of December lay before the governor and
council, for the information of the legislature, a financial state-
ment furnishing an accurate detailed account of the receipts and
expenditures for the school year preceding.'

Section 2. This act shall take effect when approved.
Approved February 16, 1905.

-shall

detailed

furnish account.

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