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notice of the pendency thereof, to be given to said commission by serving the secretary thereof with a certified copy thereof, and may proceed, after such notice, to the trial thereof, and such trial shall determine all questions of facts relating to the value of such land and the amount thereof; and such case and the verdict of the jury shall be subject to all rights of exception, of motions or petitions for new trial, and of appeal, as are now provided by law; and upon the recovery of final judgment, execution shall be issued therefor and shall be forthwith paid by the general treasurer out of any funds available therefor.
SEC. 3. In case any owner or any person having an estate or interest in such lands shall fail to receive personal notice of the taking of such land, and shall fail to file his petition as hereinbefore provided, said court, in its discretion, may permit the filing of such petition subsequent to said period of one year from the filing of such description and statement; provided, such person shall have had no actual knowledge of the taking of such land in season to file such petition, and provided the state shall not have paid any other person or persons, claiming to own such land, the value thereof, or be liable to pay for the same under any judgment rendered against said commission under the provisions of this act.
SEC. 4. The land authorized to be taken under the provisions of this act shall be taken on or before November 30th, 1925, and the sum of twenty-seven thousand dollars or so much thereof as may be necessary, be, and the same hereby is appropriated out of any money in the treasury not otherwise appropriated for the purposes of this act, said sum to be and remain available for expenditure during the period ending November 30th, 1925 and no longer and the state auditor is hereby directed to draw his
May 29, 1923.
Medical inspection of school health provided for.
orders upon the general treasurer for the payment of said sum, or so much thereof as may from time to time be required upon receipt by him of proper vouchers approved by two or more members of said commission.
SEC. 5. This act shall take effect upon its passage.
AN ACT IN AMENDMENT OF SECTION I OF CHAPTER 78
IONS RELATIVE TO THE HEALTH OF SCHOOL CHIL-
It is enacted by the General Assembly as follows:
SECTION 1. Section 1 of chapter 78 of the general laws, entitled "Of provisions relative to the health of school children," is hereby amended to read as follows:
"Section 1. There shall be an annual appropriation for the promotion of the health of school children in the several towns and cities of this state, and said appropriation shall be apportioned annually by the state board of education among towns and cities conforming to the provisions of this chapter. Any town or city providing for inspection of school health by physicians or for visitation and promotion of the health of school children by registered nurses shall, if the work of physicians and nurses be approved by the state board of education, be entitled to receive annually from the state appropriation an amount equal to one-half its annual expenditure for such purposes, provided that in no case shall the annual apportionment to any town or city exceed two hundred and fifty dollars. The school committee of any
town or city may employ one or more school physicians or one or more visiting registered nurses for the purposes of this chapter. Said school physicians shall at least once each year make an examination of the pupils, teachers and janitors of the schools, public and private, assigned to his care, and of the buildings and surroundings thereof, and shall make report of such examinations to the superintendent of schools in said town or city for such action as may be necessary."
SEC. 2. This act shall be in effect on and after This act when September 1, 1923, and all acts and parts of acts inconsistent herewith are hereby repealed on and after September 1, 1923.
AN ACT IN AMENDMENT OF SUB-SECTION (3) OF SEC- $215.
It is enacted by the General Assembly as follows:
SECTION 1. Sub-section (3) of section 5 of chapter 39 of the general laws, entitled "Of a state tax upon net estates of decedents and inheritances, legacies and gifts," as amended by chapter 423 of the public laws, passed at the January session, A. D. 1923, and by chapter 426 of the public laws, passed at the January session, A. D. 1923, is hereby further amended so as to read as follows:
Transfer by exercise of power of appointment.
"(3) Except as otherwise provided in section nineteen of this chapter, whenever any person shall exercise a power of appointment, derived from any disposition of property made whether before or after the enactment of this chapter, such appointment when made shall be deemed a transfer taxable under the provisions of this chapter in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power and had been bequeathed or devised by such donee by will; and whenever any person possessing such a power of appointment so derived shall omit or fail to exercise the same within the time provided therefor in whole or in part, a transfer taxable under the provisions of this chapter shall be deemed to take place to the extent of such omission or failure, in the same manner as though the person thereby becoming entitled to the possession or enjoyment of the property to which such power related had succeeded thereto by a will of the donee of the power failing to exercise such power, and shall take effect at the time of such omission or failure."
SEC. 2. This act shall take effect upon its passage, and all acts and parts of acts inconsistent herewith are hereby repealed.
AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF
the support of the state government.
SECTION 1. The following sums or so much thereof priations for as may be authorized by law are hereby appropriated to the objects hereinafter expressed, for the fiscal year ending on the 30th day of November, 1923, to be paid out of the several appropriations herein mentioned; and the state auditor is hereby authorized to draw his orders for such portion thereof as may be required from time to time, upon the receipt by him of properly authenticated vouchers:
Salary of the governor, seventy-three hundred thirty-three dollars thirty-four cents.
Salary of the lieutenant-governor, thirteen hundred seventy-five dollars.
Salary of the executive secretary of the governor, thirty-two hundred eight dollars thirty-four cents. Clerical assistance for the governor, twenty-two hundred ninety-one dollars sixty-six cents.
Orders of the governor, criminal account, eighteen hundred thirty-three dollars thirty-four cents.
Pay and mileage of members of the general assembly, sixty-six thousand dollars.
Pay of clerks of the general assembly, forty-five hundred dollars.