CHAP. 176 Section 3. chapter 15, public lawS 1907, as amended by section 1, chapter 34, public laws, 1909 further amended. Nurseries to be inspected annually. State horticulturist may inspect any orchard, field or garden. Chapter 176. An Act to amend Chapter fifteen of the Public Laws of nineteen hundred and seven, as amended by Chapter thirty-four of the Public Laws of nineteen hundred and nine, relating to the Protection of Trees and Shrubs from the introduction and ravages of dangerous Insects and Diseases. Be it enacted by the People of the State of Maine, as follows: Section I. Section three of chapter fifteen of the public laws of nineteen hundred and seven, as amended by section one of chapter thirty-four of the public laws of nineteen hundred and nine, is hereby amended by striking out the word "entomologist," in lines three, five, nine, eleven, thirteen, nineteen, twenty-three and twenty-five of said section and inserting in place thereof the word 'horticulturist,' so that the said section as amended shall read as follows: 'Section 3. All nurseries or places where trees, shrubs, vines and plants are grown or offered for sale, shall be inspected at least once a year by the state horticulturist appointed by the commissioner of agriculture, or by some person acting under the direction of the state horticulturist and by him deemed competent, and if no dangerous insects or fungous diseases are found therein a certificate to that effect shall be given. If such pests are found therein, the owner of the stock shall take such measures to destroy the same as the state horticulturist shall prescribe, and no certificate as aforesaid shall be given until the said horticulturist has satisfied himself that all such pests have been suppressed. The state horticulturist, either personally or through competent assistants as aforesaid, may inspect any orchard, field, garden or roadside in public or private grounds, which he or they may know or have reason to suspect to be infested with the San Jose scale or any serious pest or infectious disease, when in his or their judgment such pests or infectious diseases are a menace to adjoining owners; and the state horticulturist may order the owner, occupant or person in charge thereof in writing, to properly spray or give other suitable treatment, or to cut and destroy any such diseased trees or shrubs, if in the to be opinion of the state horticulturist such action is necessary. If the owner of such orchard, field or garden neglects or refuses to comply with such written order of the said horticulturist, he shall be fined not less than ten dollars nor more than fifty dollars for each offence.' -diseased trees or shrubs destroyed by owner. -penalty. Section 4. Section 2. Section four of said chapter fifteen, as amended chapter 15, by section two of the public laws of nineteen hundred and nine, by section 2, is hereby amended by striking out the word “entomologist," in as amended public laws 1909, further amended. СНАР. 176 Nusery stock this state shipped into the seventh and eleventh lines, and substituting therefor the word "horticulturist,' so that the section shall read as follows: 'Section 4. All nursery stock shipped into this state from any other state, country or province shall bear on each box or package a certificate that the contents of said box or package certificate of have been investigated by a duly authorized inspecting officer, inspection. and that said contents appear to be free from all dangerous insects and diseases. shall bear -state horti inspect and cause to be destroyed, infested stock. The state horticulturist, or his competent assistants as aforesaid, shall have power to inspect, at the point of destination, culturist may all stock coming into the state, whether under certificate or not, and should such stock be found to be infested with any injurious insects or plant diseases, the state horticulturist shall cause it to be destroyed or returned to the consignor at the consignor's expense, if he shall so elect. All prosecutions under the provisions of this act shall be instituted by the commissioner of agriculture and shall be directed by him and all penalties and costs recovered from the violation of any provision of this act shall be paid into the state treasury, to be kept as a fund for the use of the commissioner of agriculture in the enforcement of this act and as an addition to the appropriation made in this act to be drawn from the treasury in the same manner as said appropriation.' Section 3. Section six of said chapter fifteen of the public laws of nineteen hundred and seven, as amended by section three of the public laws of nineteen hundred and nine is hereby amended by striking out the word "entomologist," in the third and fifth lines of the first paragraph of said section, and substituting therefor the word 'horticulturist,' so that said paragraph shall read as follows: prosecu whom indirected. tions, by stituted and Section 6, chapter 15, public laws amended by public laws amended. 1907, as section 3, 1909 further Agents for sery stock shall be licensed. 'Section 6. Agents or other parties excepting growers who wish to sell nursery stock shall make application for an agent's sale of nurlicense and shall file with the state horticulturist the names and addresses of nurseries or parties from which they purchase their stock. On receipt of such application the state horticulturist shall issue an agent's license valid for one year in such form and with such provisions as the commissioner of agriculture may prescribe. Such license may be revoked at license any time for failure to report names and addresses of nurseries from which stock is purchased or for such other causes as may in the opinion of the commissioner of agriculture be deemed sufficient. Any violation of this requirement shall be penalty. fined not less than ten nor more than fifty dollars for each offence.' may be voked. re CHAP. 177 Section 14, Section 4. Section fourteen of said chapter fifteen is hereby amended by striking out the word "entomologist" in the second 1907, amend line of said section and substituting therefor the word 'horti chapter 15, public laws ed. Bureau of horticulture. culturist;' and by striking out the word "entomology" in the Approved March 30, 1911. Profiles of proposed 10cations of street rail roads shall be filed. Chapter 177. An Act requiring Street Railroads to file profiles with their Locations. Be it enacted by the People of the State of Maine, as follows: In all proceedings before the railroad commissioners by street railroad corporations, involving the approval of locations outside of the limits of streets, roads or ways, such corporations shall file profiles of the proposed location outside of the limits of streets, roads or ways and such profiles of the streets, roads or ways as may be material to the inquiry into the approval of the proposed location. Such profiles shall be on the relative. scales of profile paper in common use. Approved March 30, 1911. Chapter 178. An Act to amend Chapter two, Section thirty-nine of the Revised Statutes, relating to persons before whom the oaths, required by the constitution to qualify civil officers, may be taken and subscribed. Be it enacted by the People of the State of Maine, as follows: Section thirty-nine of chapter two of the revised statutes is S., amended. hereby amended by adding the following words: Section 39, chapter, R. Qualifying officers, how appointed. 'Such persons shall exercise their powers and duties and shall be commissioned to act within and for every county. This act shall apply to such persons already appointed and commissioned, and shall validate any acts heretofore or hereafter done by them which would be valid hereunder,' so that said section as amended shall read as follows: 'Section 39. The governor, with the advice and consent of the council, may appoint in every county, persons before whom the oath, required by the constitution to qualify civil officers, may be taken and subscribed. Such persons shall exercise their powers and duties, and shall be commissioned to act within and for every county. This act shall apply to such persons already appointed and commissioned, and shall validate any acts heretofore or hereafter done by them which would be valid hereunder.' Approved March 30, 1911. Chapter 179. An Act to amend Section six of Chapter nine of the Revised Statutes relating to Taxation, and to provide for exemption of mortgaged real estate from double Taxation. Be it enacted by the People of the State of Maine, as follows: Section six of chapter nine of the revised statutes is hereby amended by adding at the close of said section the following paragraph. 'XII. All loans of money made by any individual or corporation and secured by mortgage on real estate situated in this state.' Approved March 30, 1911. Chapter 180. An Act to amend Section fifty-one of Chapter seventy-nine of the Revised Statutes, as amended by Chapter one hundred and fifty-seven of the Public Laws of nineteen hundred and seven, relating to the term of the Supreme Judicial Court for Piscataquis County. Section 51, chapter 79, amended by chapter 157, public laws Be it enacted by the People of the State of Maine, as follows: Section 1. Section fifty-one of chapter seventy-nine of the revised statutes, as amended by chapter one hundred and fiftyseven of the public laws of nineteen hundred and seven, is hereby amended, so that said part of said section shall read follows: 'Piscataquis at Dover on the second Tuesday of March and term time third Tuesday of September.' as 1907 furtner amended. fixed. Section 2. This act shall take effect January first, nineteen when this hundred and twelve. act shall take effect. 13 Approved March 30, 1911. CHAP. 181 Chapter 181. An Act to regulate the practice of embalming and the transportation of the bodies of persons who have died of Infectious Diseases. Be it enacted by the People of the State of Maine, as follows: Section 1. Any person wishing to become an undertaker, an embalmer of dead human bodies, or to engage in the busiof embalming ness of caring for and preparing dead human bodies for burial, Business of undertaker and practice regulated. -age and qualification required before commencing to practice. -examination before board of examiners. Upon satis factory examination, certificate shall be sued. transportation or cremation, as a regular and permanent business or profession shall be at least twenty-one years of age with not less than a grammar school education, and shall have practiced embalming dead human bodies for at least twelve months, or shall have had at least one month's practical instruction in embalming and disinfecting under a licensed embalmer, and shall have an intelligent comprehension of such rudiments of anatomy, and of the characteristics of, and the dangers from contagious and infectious diseases, and of the actions and uses of disinfectant agencies, as the state board of health may prescribe as necessary for the protection of the living, before he or she is permitted to practice said business or profession within the state, and shall be required to pass an examination before a board of examiners, created and empowered by the eight following sections. Section 2. After the examination has been completed the state board of examiners, shall judge of the qualification of is the applicant, and, if satisfactory, the certificate of a licensed. embalmer shall be issued to him or her, under which he or she shall have legal authority to prepare bodies dead of infectious or contagious disease for transportation, and to do any work coming within the province of his or her said vocation. -term of li- No license shall be issued or renewed for a period exceeding one year. cense. Board may revoke, for cause, any license. Examinations for license shall be given twice annually. Board of examiners, how Section 3. The state board of examiners may revoke, for cause, any license issued by it, and failure to comply with the law and the regulations of the state board of health shall be deemed sufficient provocation for the revocation of a license. Section 4. Examinations for licenses shall be given by the state board of examiners at least twice annually, at such time and place as they may determine. The examination papers shall contain such questions relating to the subject of embalming and disinfecting as the board may deem necessary to determine the qualifications of the applicant for the business, and if found qualified, a certificate, as provided for in section twelve, shall be granted him or her. Section 5. The board of examiners shall consist of four constituted. members made up as follows: Two members of the state |