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SAPICNTIA UNIVERSALIS EX LIBRIS.
UNIVERSITY OF NEWHAMP5HIRE
UNIVERSITY LIBRARY
CLASS N 3 ^ 5*. 1 X>
NUMBER AJ ^ ^ I O / O
ACCESSION 3 7/ 7f
V
LAWS
or THE
STATE OF NEW HAMPSHmE
PASSED JUNE SESSION, 1873.
CONCORD:
EDWARD A. JENKS, STATE PllINTER,
1873.
1 ^73
STATE OFFICERS.
EZEKIEL A. STRAW, aovernor.
BENJAMIN F. PRESCOTT, Secretary of State.
AI B. THOMPSON, Deputy Secretary of State.
SOLON A. CARTER, Treasurer.
EDWARD A. JENKS, State Printer.
DAVID A. WARDE, President of the Seriate.
LUTHER S. MORRILL, Clerk of the Senate.
JAMES W. EMERY, Speaker of the House.
SAMUEL C. CLARK, Clerk of the House.
JOHN M. HAINES, Adjutant Gfeneral
JOHN C. PILSBURY, Warden of State Prison.
JOHN W. SIMONDS, Superintendent of Public Instruction.
OLIVER PILLSBURY, Insurance Commissioner.
NATHANIEL BOUTON, State Historian.
WILLIAM H. KIMBALL, State Librarian.
SUPEEME JUDICIAL COUET.
JONATHAN EVERETT SARGENT, Chief Justice.
CHARLES DOE, ^
JEREMIAH SMITH,
WILLIAM LAWRENCE FOSTER, \ Associate Justices.
WILLIAM SPENCER LADD, I
ELLERY ALBEE HIBBARD, j
LEWIS WHITEHOUSE CLARK, Attorney Qeneral.
JOHN MAJOR SHIRLEY, State Reporter.
LAWS
OF THE
STATE OF NEW HAMPSHIRE,
PASSED JUNE SESSION, 1873
CHAPTER L
AN ACT TO AMEND SECTION FIFTEEN, CHAPTER ONE HUNDRED TWEis'TY-
EIGHT OF THE GENERAL STATUTES, IN RELATION TO FENCES AND COM-
MON FIELDS.
Section I Section
1. Fees of fence -vie wets. | 2. Act takes effect oh its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Section 1. That section fifteen of chapter one hundred twenty- Fees of fence-
eight of the General Statutes be amended by striking out the words ^'^^
" one dollar " in the first line of said section, and inserting in lieu
thereof the words " two dollars."
Sect. 2. This act shall take effect upon its passage. on\t*s^¥asSf
[Approved June 20, 1873.]
144 Chapters II, III. [1873.
CHAPTER II.
AN ACT TO AMEND SECTION FIVE OF CHAPTER FORTY-NINE OF THE GENE-
RAL STATUTES IN RELATION TO PERSONS AND PROPERTY LIABLE TO
TAXATION.
Section
1. Money deposited in savings banks out of
state, liable to taxation.
Section
2. Repealing clause.
Be it enacted hy the Senate and House of Representatives in G-eneral
Court convened:
Money deposit- SECTION 1. Sectioii five of chapter forty-nine of the General Stat-
banks out of iitcs IS hereby amended by inserting in the fourteenth line thereof,
bteto'taiatton. aftci" the word " bank" and before the word " or," the words
" within this state."
5luS*°^ Sect. 2. All acts and parts of acts inconsistent with this act are
hereby repealed.
[Approved June 20, 1873.]
CHAPTER III.
AN ACT TO AMEND SECTION ONE OF CPIAPTER TWO HUNDRED AND FIFTY-
ONE OF THE GENERAL STATUTES IN RELATION TO OFFENCES AGAINST
GAME-LAWS.
Section
1. Killing deer-^time changed— penalty in-
creased.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
toicianjed"- SECTION 1. That sectiou one of chapter two hundred fifty-one of
cr"as''d ^"' *^^^ General Statutes be, and the same is hereby, amended as fol-
lows : strike out the word " February" in the second line of said
section, and insert the word " January " in lieu thereof; also, strike
out the word " ten " in the fourth line of said section, and insert
the word " twenty-five " in lieu thereof, and add at the end of said
section the words " for each deer so killed or destroyed."
on'ufnn™^ ^ECT. 2. This act shall take eflfect on and after its passage.
passage, j-^pp^.^^^^ j^^^^^ 20, 1873.]
1873.] Chapters IV, V. 145
CHAPTER IV.
AN ACT IN AMENDMENT OF SECTION TWO OF CHAPTER ONE HUNDRED AND
SIXTY-NINE OF THE GENERAL STATUTES IN RELATION TO THE ADOPTION
OF CHILDREN.
Section 1 Section
1. Consent of one parent sufficient— when. I 2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Section 1. That section two of chapter one hundred and sixty- consent of one
nine of the General Statutes be amended by inserting after the word dent-when.
" sufficient" the following words : " and in c,ase of abandonment
on the part of either parent, for the term of three years, the con-
sent of the remaining parent shall be sufficient."
Sect. 2. This act shall take effect from and after its passage. Act takes effect
[Approved June 20, 1873.] on .ts passage.
CHAPTER V.
AN ACT TO PROVIDE FOR ADDITIONAL TERMS OF THE PROBATE COURT FOK
THE COUNTY OF MERRIMACK.
Section
1. Terms of probate court— times and place
of holding.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Greneral
Court convened:
Section 1. That in addition to the terms of the probate court for Terms held-
the county of Merrimack now required by law to be held, there ^^ ^"' ^ "^"
shall be held four terms, annually, in the town of Franklin, that is
to say, on the second Tuesday of February, May, August, and No-
vember, of each year.
Sect. 2. This act shall take effisct upon its passage. ^nul^S'^afr*
[Approved June 20, 1873.]
146 Chapters VI, VII. [1873.
CHAPTER VI.
AN ACT IN ADDITION TO AND IN AMENDMENT OF SECTION ONE OF CHAPTER
TWENTY-SIX OF THE PAMPHLET LAWS OF JUNE SESSION, ONE THOUSAND
EIGHT HUNDRED AND SEVENTY-TWO, IN RELATION TO THE REIMBURSE-
MENT OF MUNICIPAL WAR EXPENSES.
Section
1. Recruits who received part bounty, entitled
to remainder from reimbursement fund-
when.
Section
2. Act takes effect on its passage.
ceive reim
bursement
fund— when
Be it enacted hy the Senate and House of Representatives in Creneral
Court convened:
Recruits to re- SECTION 1. That if any city, town, or place has received or shall
bursem"^ rcceivc the sum of one hundred dollars, or part thereof, either in
money or bonds, on account of any person counted as part of the
quota of such town, city, or place, who has received from said town,
city, or place a less sum than one hundred dollars, then so much of
said sum of money or bonds so received by said town, city, or place,
as is necessary, together with the sum such person has already re-
ceived from said town, city, or place, as will make up the sum or
amount which said town, city, or place has or shall receive on ac-
count of such person, shall belong to and be the property of such
person and his legal representatives, and may be received [re-
covered] in the manner provided by section one of the chapter to
which this is an amendment.
Acttaices effect Sect. 2. This act shall take elFect on its passage.
[Approved June 27, 1873.]
on its i^assage.
CHAPTER VII.
AN ACT IN AMENDMENT OF SECTION SIXTEEN OF CHAPTER TWO HUNDRED
AND FIVE OF THE GENERAL STATUTES IN RELATION TO ATTACHMENTS.
Section
1. Leaf tobacco attacliedby leaving copy, as in
case of real estate.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in (jfenerat
Court convened:
how attached SECTION 1. That scction sixtccn of chapter two hundred and five
of the General Statutes be amended by inserting the words " leaf
tobacco " after the word " potatoes " in the first line of said section.
Act takes effect Sect. 2. Tliis act shall take efi:ect from and after its passage.
on Its passage. j-^^p^^^^^ j^^„^ 27, 1873.]
1873.]
Chapters VIII, IX.
147
CHAPTER VIII.
AN ACT IN AMENDMENT OF AN ACT ENTITLED "AN ACT TO AUTHORIZE A
LIMITED REIMBURSEMENT OF THE MUNICIPAL WAR EXPENDITURES,"
PASSED JUNE SESSION, A. D. 1870.
Section
1. Reimbursement fund apportioned to towns,
divided same as war debt.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Section 1. Whenever a portion of any town has been annexed to Reimbursement
an adjoining town since the second day of July, one thousand eight po"rti'oneT *^'
hundred and sixty-two, the town so enlarged shall receive the same div?de^d.^°^^"'^
ratio of the reimbursement of the other town, with the accrued in-
terest thereon, as it assumed of the war debt of said town by the act
of annexation.
Sect. 2. This act shall take effect from and after its passage.
[Approved June 27, 1873.]
Act takes effect
on its passage.
CHAPTER IX.
AN ACT IN RELATION TO ASSIGNMENTS.
Section I Section
1. Assignment of wages not valid until copy 2. Act takes effect on its passage,
filed with clerk of city or town. |
Be it enacted ly the Senate and House of Representatives in General
Court convened:
Section 1. No assignment of or order for wages to be earned in Assignment of
WJl^^GS to DG
the future shall be valid against any creditor of the person making sied with city
such assignment or order, until a copy of such order or assignment, °'^ town-cierk.
duly accepted in writing on the back thereof, has been filed with the
clerk of the town or city where the party making such order or as-
signment lives.
Sect. 2. This act shall take effect upon its passage. on us^pfsslgl"*
[Approved June 27, 1873.]
148
Chapter X.
[1873.
CHAPTER X.
AN ACT IN RELATION TO THE POLICE COURT OF KEENE.
Section
1. Jurisdiction of Keene police court ex-
tended.
2. Action transferred to supreme court-
when.
3. How transferred.
Section
4. Fees of justice.
5. Either party may appeal: time of appeal
limited.
6. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives i\
Court convened:
in General
Jurisdiction of
Keene police
court extended.
Action trans-
ferred to su-
preme court —
when.
How transfer-
red.
Fees of justice.
Either party
may appeal :
time of appeal
limited.
Act takes effect
on its passage.
Section 1. The police court of the town of Keene, in addition to
tlic powers heretofore conferred upon it, shall have concurrent jaris-
diction with the supreme judicial court, of actions at common law
wherein the defendant resides in said Keene, and not more than one
hundred dollars is claimed as damages.
Sect. 2. In any action brought before said police court by yirtue
of this act, if the defendant, at any time before issue joined, shall
file in said court his affidavit that it is his desire and intention to
try said action by jury, such action shall be transferred to the next
trial term of the supreme judicial court for the county of Ches-
hire, and may be entered and prosecuted in said court in the same
manner as if originally commenced therein.
Sect. 3. In case of said transfer, the justice of said police court
shall cause certified copies of the papers in such cause to be filed
with the clerk of the supreme judicial court, and said clerk shall
enter said cause upon the docket of the court, upon payment by the
plaintiff of the entry fee.
Sect. 4. The justice of the police court shall receive, for copies
in each cause, one dollar, to be paid by the plaintiff and taxed in
his bill of costs, if he prevail.
Sect. 5. Either party aggrieved by the judgment of the police
court, upon issue joined under the provisions of this act, may appeal
therefrom to the next trial term of the supreme judicial court for
said county ; but no appeal shall be allowed unless claimed within
twenty-four hours from the time judgment is rendered.
Sect. 6. This act shall take effect from its passage.
[Approved June 27, 1873.]
1873.] Chapters XI, XII. 149
CHAPTER XL
AN ACT TO FIX THE CAPACITY OF MILK-CANS.
Section
1. Milk-cans to be scaled and marked an-
nually.
2. Capacity of, fixed.
Section
3. Tenalty.
4. Act takes effect on its passage.
Be it enacted by the Senate arid House of Representatives in G-eneral
Court convened :
Section 1. All milk-cans, used by persons engaged in tlie business sealed and *°^
of purchasing milk at wholesale, shall be sealed annually by the marked annu-
sealer of weights and measures in the city or town where the pur- ^ ^'
chaser resides; and no milk-can shall be sealed which does not
contain one or more quarts, and the capacity of the can shall be
legibly marked upon it by such sealer.
Sect. 2. When milk is purchased by the can, such can shall hold ^xed!^''^ °'"'
eight quarts of milk and no more.
Sect. 3. Every person violating the provisions of this act may be ^^^^"y-
punished by a fine of not less than twenty dollars nor more than
fifty dollars, one half of which fine shall enure to the complainant,
and the other half to the use of the county in which conviction is
obtained.
Sect. 4. This act shall take effect and be in force from its ^^^-^^^fj^^^^
passage.
[Approved June 28, 1873.]
CHAPTER XII.
AN ACT IN RELATION TO THE PUBLIC PRINTING.
Section
1. Secretary of state to procure printing of
state publications — number fixed.
Section
2. Repealing clause.
3. Act takes effect on its passage.
Be it enacted by the Senate and House of Representatives in General
Court converted :
Section 1. The secretary of state is authorized to procure the ^"';^H'' °'"''«<i^
Ti- f T -n% iiiT TT 1 of the State pub-
priiiting 01 ten hundred copies oi the ramphiet Laws, and Journals iications to be
of the House and Senate, of each session of the legislature, and ^""^^^ '
fifteen hundred copies each of all the reports made to the legisla-
ture, and the annual message of His Excellency the governor.
Sect. 2. All acts and parts of acts inconsistent with the provi- Repealing
sions of this act are hereby repealed.
Sect. 3. This act shall take effect and be in force upon its Act takes effect
^ on ite passage.
passage.
[Approved June 27, 1873.]
150 Chapters XIII, XIY. [1873.
CHAPTER XIII.
AN ACT TO SEVER A SECTION OF LAND FROM THE TOWN OF LYKDEBORO' AND
ANNEX THE SAME TO THE TOWN OF MILFOKD.
Section I Section
1. Part of Lyndeboro' annexed to Milford. 3. Act takes effect on its passage.
2. Division of debt. I
Be it enacted ly the Senate and House of Hejyresentatives in Qeneral
Court convened:
Part of Lyndp^ SECTION 1. That SO mucli of the territory of the town of Lynde-
to Milford. boro' as is described and bounded as follows, — to wit, beginning at
a stake and stones, on the town line between Milford and Lyndeboro',
on the north side of the highway leading from Milford to Lynde-
boro', thence running westerly by said north side of the highway
a1)0ut forty rods, thence southerly three rods to the south side of
the highway, thence westerly by said south side of the highway
thirteen rods to a stake and stones, thence southerly as the fence
runs to the town line thirty-one and one fourth rods, thence easterly
by said town line to the bound lirst mentioned, — is hereby severed
from said town of Lyndeboro' and annexed to the town of Milford.
Division of Sect. 2. The towH of Milford shall pay to the town of Lyndeboro'
^^^^' a sum equal to that portion of the debt of said Lyndeboro' repre-
sented by the last valuation of the polls and estate in the section so
severed and annexed, as shall be determined by the selectmen of the
two towns aforesaid.
Act takes effect Sect. 3. Tliis act shall take effect and be in force from its
on its passage. ^
^ passage.
[Approved June 27, 1873.]
CHAPTER XIV.
AN ACT TO ANNEX CERTAIN TERRITORY TO THE TOWN OF BETHLEHEM.
Section
1. Certain territory in Grafton county annex-
ed to Bethlehem.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and Hoiise of Representatives in Creneral
Court convened :
f'^'/furafton' SECTION 1. That all that territory in the county of Grafton which
county annexed is included witliin the following boundaries,— to wit, beginning at
to Bethlehem. ^^^^ nortli-casterly corner of the town of Bethlehem on the southerly
line of the town of Carroll, and running thence southerly on the
easterly line of said Bethlehem to the south-easterly corner of said
town, thence south-easterly in a straight line in continuation of the
southerly line of the same town and in the same course to the
easterly line of the county of Grafton, thence northerly on said line
of said county to the southerly line of Carroll, and thence westerly
1873.]
Chapters XV, XVI.
(Oil said line of said Carroll to the bound first mentioned, — be, and
the same is hereby, annexed to said town of Bethlehem, and here-
after shall form and be a part of said town.
Sect. 2. This act shall take effect on its passage.
[Approved June 27, 1873.]
151
Act takes effect
On its passage.
CHAPTER XV.
AN ACT IN RELATION TO THR TRIAL OF CAUSES.
Section
1. Judges of supreme court may order em-
ployment of stenographer in trial of
causes.
SECT'IOK
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Mepresentatives in Getter al
Court convened:
Section 1. That in any civil or criminal proceeding in the trial stenographer ^^
term of the supreme judicial court, or which may be legally tried ed by supreme
under any order thereof or rule issuing therefrom, a competent ues'^and com-
short-hand reporter may be employed, whenever the court shall so p«nsation.
order, who shall make a faithful report of all proceedings therein for
the use and convenience of the court and parties, the original of
which, with a copy written out in full, shall go upon the files ; and
a reasonable compensation, to be determined by said trial court,
shall be allowed therefor, and such part thereof shall be paid by the
parties and taxed in the bill of costs, and such part shall be paid
by the county, as such court in its discretion shall deem just. The
reporter shall be sworn to the faithful performance of the duties of
his office before entering upon the same. His reports shall be p7'ima
facie evidence, and he shall be held responsible for their correctness.
Sect. 2. This act shall take effect on its passage. Act takes effect
[Approved June 28, 1873.] ^" "^ p'^"^^"
CHAPTER XVI.
AN ACT TO PROTECT THE EGGS AND YOUNG OF CERTAIN BIRDS,
Section
1. Destruction of eggs and young of birds
prohibited— penalty.
Section
2. Act takes effect en its passage.
Be it. enacted hy the Senate and House of Bepresentatives in Cfeneral
Court convened:
Section 1. If any person shall designedly take from the nest and eggs and young
destroy the eggs or young of any of the birds called robins, thrushes, i^ted-plnluy.^'
152
Chapters XVII, XVIII.
[1873.
larks, bluebirds, sparrows, martins, woodpeckers, bobolinks, yellow-
birds, linnets, flycatchers or warblers, snipes, woodcocks, plovers,
rails, yellow-legs or sandpipers, partridges, grouse or quails, and
wild pigeons, he shall forfeit, for every egg or young of any of said
birds so taken and destroyed, the sum of two dollars, one half ther&«
of to the use of the prosecutor.
Act takes effect Sect. 2. This act shall take effect upon its passage.
[Approved June 2T, 1873.]
on its passage.
CHAPTER XVII.
AN ACT IN RELATION TO THE SERVICE OF WRITS OR OTHER PROCESS
UPON MANUFACTURING CORPORATIONS.
Section
1. Legal process — how served on manufactur-
ing corporations.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Qeneral
Court convened :
Service of SECTION 1. That, in addition to the modes now prescribed by law,
corpora^tions.°° scrvicc of writs or other process upon any manufacturing corpora-
tion may be made by leaving a copy of the same at the office or
counting-room of such corporation.
Act takes effect Sect. 2. This act sliall take effect from its passage.
on its passage. [Approved June 27, 1873.]
CHAPTER XVIII.
AN ACT IN RELATION TO THE FUNDING OF THE FLOATING DEBT, AND FOR
PROVIDING FOR A TEMPORARY LOAN.
Section
1. State treasurer authorized to issue honds—
amount— rate of interest— where and vehen
redeemable.
Treasurer to is-
sue bonds.
Section
2. Bonds— how signed— to be sold, and record
of sale kept, by treasurer.
3. Temporary loan authorized.
4. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Section 1. For the purpose of funding the present floating debt
of the state, and for the payment of the bonds of the state becom-
ing due during the pres^nt and coming year, the treasurer of the
state is hereby authorized, under the direction of the governor,
with the advice and consent of the council, to issue bonds or certifi-
cates of indebtedness in the name and in behalf of this state, to an
amount not exceeding the sum of five hundred thousand dollars.
1873.] Chapter XIX. 153
Said bonds or certificates shall liave interest warrants or coupons,
at a rate not exceeding six per cent, per annum attached thereto,
payable semi-annually at the treasurer's office, or at some bank in
Boston designated by the treasurer, under the direction of the
governor and council. Said bonds or certificates shall all be re-
deemable before the expiration of the year eighteen hundred and
eighty-one.
Sect. 2. All said bonds or certificates shall be signed by the bv whom sign-
treasurer and countersigned by the governor, and shall be deemed to ueep^record
a pledge of the faith and credit of the state. The treasurer shall of bonds sold.
keep a record of all the bonds disposed of by him, which record
shall contain the name of the person to whom any bond may be
sold, the number thereof, the amount received by him therefor, the
date of such sale, and the date when the bond shall become due.
The treasurer may, from time to time, under the direction of the
governor and council, sell such amount of said bonds or certificates
as the public exigencies may require.
Sect. 3. In order to meet any temporary indebtedness that may Temporary
become due before the negotiation of the bonds hereinbefore men-
tioned, the treasurer of the state, under the advice and direction
of the governor and council, is hereby authorized to borrow, from
time to time, for the temporary use of the state, such sum or sums
of money as may be necessary for that purpose, not exceeding two
hundred and fifty thousand dollars, upon the best terms and con-
ditions possible, the rate of interest not to exceed seven and three
tenths per cent, per annum : provided, however, that the time of the
payment of such temporary loan shall not extend beyond one year
from the date of the loan.
Sect. 4. This act shall take effect from its passage. Act takes effect
r* J T or? -iCTOT on Its passage.
[Approved June 27, 1873. J
CHAPTER XIX.
AN ACT AUTHORIZING AND EMPOWERING THE TOWN OF CLARKSVILLE TO
RATIFY AND CONFIRM THE TAX OF SAID TOWN FOR THE YEAR ONE
THOUSAND EIGHT HUNDRED AND SEVENTY-ONE.
Section i Section
1. Town authorized to legalize tax of 1871. I 2. Town may legalize action of selectmen.
Be it enacted hy the Senate and House of Bejjresentatives in General
Court convened:
Section 1. That the town of Clarksville be, and the same hereby Town author-
is, authorized and empowered, at any duly called and legally holden Sof'isT"''*
meeting for that purpose, to ratify and confirm the tax as assessed
in the town of Clarksville for the year one thousand eight hundred
and seventy-one.
Sect. 2. That the town of Clarksville be, and the same hereby is. Town may le-
empowered, at any legal meeting of said town, duly holden for that fj\ectmen°° ^^
purpose, by major vote, to ratify and confirm the action of the
154
Chapters XX, XXI.
[1873.
selectmen of said town for the year one thousand eight hundred and
seventy-one, relating to an over-assessment of taxes in said town for
said year ; and the same, when so ratified and confirmed, shall be
legal and binding to all intents and purposes.
[Approved July 1, 1873.]
CHAPTER XX.
AN ACT IN AMENDMENT OF SECTION NINE OF CHAPTER ONE HUNDRED AND
SEVENTY-TWO OF THE GENERAL STATUTES IN RELATION TO TIMES AND
PLACES FOR HOLDING PROBATE COURTS IN THE COUNTY OF GRAFTON.
Section
1. Place of holding February term changed.
Section
2. Repealing clause: act takes effect on its
passage.
Be it enacted ly the Senate and House of Representatives in Creneral
Court convened:
February term
— where held.
Repealing
clause: act
takes effect on
its passage.
Section 1. That the term of the probate court, now holden at
Wentworth in February, shall hereafter be holden at Orford in said
county, instead of Wentworth.
Sect. 2. All acts inconsistent with this act are repealed, and this
act shall take effect on its passage.
[Approved July 1, 1873.]
CHAPTER XXL
AN ACT IN AMENDMENT OF CHAPTER TWO HUNDRED AND TWENTY-SIX OF
THE GENERAL STATUTES IN RELATION TO REPLEVIN.
Section
1. Replevin may be maintained— when.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Goods, etc., Section 1. That section two of chapter two hundred and twenty-
en^o^Shed; six of the General Statutes be amended so as to read as follows, to
mayberepiev' ^^it^ — When aiiy goods or chattels are unlawfully taken or detained
from the owner or person entitled to the possession, or when any
goods or chattels attached on mesne process are claimed by a per-
son other than the defendant in the suit in which they are so at-
tached or taken, such owner or other person may maintain replevin
therefor.
Sect. 2. This act shall take effect upon its passage.
[Approved July 1, 1873.]
Act takes effect
on its passage.
1873.] Chapters XXII, XXIII. 155
CHAPTER XXII.
AN ACT TO PROVIDE FOR THE ASSESSMENT AND COLLECTION OF A STATE
TAX.
Skction 1. State tax of four hundred thousand dollars authorized for 1874.
Be it enacted hy the Senate and House of Representatives in Creneral
Court convened :
Section 1. The sum of four hundred thousand dollars shall be state tax of
raised for the use of the state, and shall be assessed, collected, and i874.'
paid into the treasury on or before the first day of December, in
the year of our Lord one thousand eight hundred and seventy-four ;
and the state treasurer is hereby directed seasonably to issue his
warrant to the selectmen of the several towns and places, and to
the assessors of the several cities in this state, according to the
apportionment of public taxes made June session, one thousand
eight hundred and seventy-two ; and the selectmen of such towns
and places, and the assessors of such cities, are hereby required to
assess the sums specified in said warrant, and cause the same to be
paid to said treasurer on or before the first day of December, in the
year of our Lord one thousand eight hundred and seventy-four ;
and the state treasurer is hereby authorized to issue his extents for
all the taxes which shall then remain unpaid.
[Approved July 1, 1873.]
CHAPTER XXIII.
AN ACT TO FACILITATE THE DECISIONS OF CAUSES AT THE LAW TERM.
Section
1. Trevailing party furnishing brief within
tliirty days, to recover costs therefor.
Section
2. Act talies effect on its passage.
Be it enacted by the Senate and House of Representatives in General
Court convened:
Section 1. The party to any cause which shall arise in or go to Briefs fumish-
the law term, who shall prevail, shall be entitled to tax and recover wiwm-co7ts°to
of the adverse party a reasonable sum, not exceeding fifteen dollars '^'^°™ *'^^^^^'
in any case, therefor, if he furnishes to each member of the court
and one of tlie opposing counsel a written or printed brief within
thirty days after the printed case is distributed, or the case is other-
wise in order for brief or argument.
Sect. 2. This act shall take effect upon its passage. Act takes efiecit
[Approved July 1, 1873.] on its passage.
156 Chapter XXIV. [1873.
CHAPTER XXIV.
AN ACT IN RELATION TO SUITS OF REPLEVIN.
ECTION
1. Goods replevied to be retained by officer
in certain cases.
2. To be returned to defendant with dam-
ages — when.
Section
3. Value of, to be found, and deducted from
damages.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Goods replevied SECTION 1. WliGiiever any goods and chattels, except living ani-
by ^officer^\n^^ mals, and goods liable to waste, decay, or greatly depreciate in
certain cases, value by keeping, shall be taken in replevin, the defendant may re-
quire the officer serving the writ to retain the goods, or any part of
them, in his own possession ; and if the defendant shall give bond
to the officer with sufficient surety in a sum not less than double
the value of the goods, with condition tliat he will pay all costs and
charges of keeping and insuring the goods, and all depreciation
thereof, if the plaintiff in the suit shall prevail against him, the
officer shall retain the goods in his own custody wliile the suit is
pending, subject to such orders as the court may from time to time
make respecting the custody of said goods.
To be returned Sect. 2. If the defendant shall prevail in the suit, he shall have
with damljes- judgment for the return of said goods, with such further damages
when. ° as may be awarded to him.
Value of. to be Sect. 3. In any action of replevin, the defendant, if he prevails,
ducked from^^' ^^7 ^^^"^'^ judgment for the return of such of the goods and chattels
damages. replevied as may at the time of the trial or judgment remain in the
possession of the plaintiff, or for any part of the same, if he shall
so elect. And when any defendant shall have so elected, the value
of the goods to be returned shall be found by the jury or ascertained
by the court ; and, upon the return of the goods, the value of the
same shall be deducted from the damages assessed in the suit in
favor of the defendant.
[Approved July 1, 1873.]
1873.]
Chapters XXV, XXVI.
157
CHAPTER XXV.
AN ACT RELATING TO THE SALARIES OF THE JUDGE AND REGISTER OP
PROBATE FOR THE COUNTY OF MERRIMACK.
Section
I. Salariesof judge and register.
Section
2. Repealing clause: act takes effect on its
passage.
Be it enacted by the Senate and House of Represetitatives in General
Court convened:
Section 1. That the annual salary of the judge of probate for salaries of
the county of Merrimack shall be four hundred and fifty dollars, iste?^ *° ^^^'
and the annual salary of the register of probate for that county
shall be six hundred dollars, instead of the sums now allowed by
law.
Sect. 2. All acts inconsistent with this act are hereby repealed, Repealing
and this act sliall take effect from and after its passage. takes effecton
[Approved July 1, 1873.]
its passage.
CHAPTER XXVI.
AN ACT IN AMENDMENT OF SECTIONS FOUR AND FIVE OF CHAPTER THREE,
OF LAWS PASSED JUNE SESSION, A. D. 1872, ENTITLED "AN ACT TO REGU-
LATE THE SALE OF COMMERCIAL FERTILIZERS."
Section
1. Fertilizers to be labelled — penalty.
2. Act applies to fertilizers on hand.
Section
3. Repealing clause: act takes effect on its
passage.
Be it enacted by the Senate and House of Representatives in Greneral
Court convened :
Section 1. That section four of chapter three of laws passed Fertilizers to be
June session, A. D. 1872, be amended by adding after the word aUy. ^ ~'^^"
"state," in the third line, and before " which," the words " which
is not labelled as specified in section one."
Said section is also amended by striking out, in the ninth, tenth,
and eleventh lines, the words " all analyses used in any prosecu-
tions under the provisions of this act shall be made by the state
assayer." Said section is further amended by striking out, after
the word " applied" in the twelfth line, the words " to paying the
expense of such analyses, to the expenses of the board of agricul-
ture, including the printing of their annual report, and the balance,
if any should accrue, to the use of the county in which the com-
plaints are made," and inserting instead thereof the words " one
half for the use of the prosecutor, and the other half for the use of
the county."
Sect. 2. That section five of said chapter be amended by striking ^ruuzeri' m/°
out, in the first and second lines, the words " nothing in this act hand.
158
Chapter XXVII.
[1873.
shall apply to any fertilizer already in the hands of agents or
dealers."
Repealing Sect. 3. All acts or parts of acts inconsistent with the provisions
takes effect on of tliis act are hereby repealed, and this act shall take effect from
and after its passage : providing, however, that nothing in this act
shall afl'ect, or be so construed as to interfere with, any pending
suits or proceedings.
[Approved July 2, 1873.]
its passjige.
CHAPTER XXVII
AN ACT TO KEOEGAKIZE THE COUNCILLOR AND SENATORIAL DISTRICTS.
Section
1. Number and pofrers of Council districts.
2. Limits of district No. 1.
3. Limits of district No. 2.
4. Limits of district No. 3.
5. Limits of district No. 4.
6. Limits of district No. 5.
7. Number and powers of Senatorial dis-
tricts.
8. Limits of district No. 1.
9. Limits of district No. 2.
10. Limits of district No. 3.
Section
11. Limits of
12: Limits of
13. Limits of
14. Limits of
15. Limits of
16. Limits of
17. Limits of
18. Limits of
19. Limits of
20. Repealing
district No. 4.
district No. 5.
district No. 6.
district No. 7.
district No. 8.
district No. 9.
district No. 10.
district No. 11.
district No. 12.
clause.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Number and
powers of
Council dis-
tricts.
District No. 1.
District No. 2.
District No. 3.
District No. 4.
Section 1. The state is divided into five Council Districts, each
of which may choose one councillor annually.
Sect. 2. Council District Number One contains the county of
Rockingham, except the city of Portsmoutli and the towns of Gos-
port, Greenland, Hampton, Newcastle, Newington, Newmarket,
North Hampton, Rye, South Newmarket, and Stratham, and the
county of Merrimack, except the towns of Bradford, Newbury, New
London, Sutton, Warner, and Wilmot.
Sect. 3. Council District Number Two contains the county of
Strafford, the county of Belknap, except the towns of New Hamp-
ton, Sanbornton, and Tilton, and the city of Portsmouth, and the
towns of Gosport, Greenland, Hampton, Newcastle, Newington,
Newmarket, North Hampton, Rye, South Newmarket, and Strat-
ham in the county of Rockingham.
Sect. 4. Council District Number Three contains the county of
Hillsborough, except the towns of Antrim, Bennington, Deering,
Francestown, Greenfield, Hancock, Hillsborough, New Boston, and
Windsor.
Sect. 5. Council District Number Four contains the counties of
Cheshire and Sullivan, the towns of Bradford, Newbury, New Lon-
don, Sutton, Warner, and Wilmot in the county of Merrimack, the
towns of Antrim, Bennington, Deering, Greenfield, Francestown,
Hancock, Hillsborough, New Boston, and Windsor in the county
of Hillsborough, and the town of Lebanon in the county of Grafton.
1873.] Chapter XXVII. 159
Sect. G. Council District ISTurabcr Five contains tlie counties of District No. 5.
Coos and Carroll, the county of Grafton, except the town of Leb-
anon, and the towns of New Hampton, Sanbornton, and Tilton in
the county of Belknap. .
Sect, 7. The state is divided into twelve Senatorial Districts, Number and
each of which may elect one senator to tlie legislature annually. CTaTdWric'ts''
Sect. 8. Senatorial District Number One contains Durham, Gos- District No. 1
port, Greenland, Hampton, Hampton Falls, Newcastle, Newington,
Newmarket, North Hampton, Portsmouth, Rye, South Newmarket,
and Stratham.
Sect. 9. Senatorial District Number Two contains Atkinson, Au- District no. 2.
burn, Brentwood, Candia, Chester, Danville, Dccrfield, Derry, East
Kingston, Epping, Exeter, Fremont, Hampstead, Kensington, Kings^
ton, Lomlonderry, Newton, Nqrthwood, Nottingham, Pelham, Flais-
tow, Raymond, Salem, Sandown, Seabrook, South Hampton, and
Windham.
Sect. 10. Senatorial District Number Three contains the city of District no. 3.
Manchester.
Sect. 11. Senatorial District Number Four contains Allenstown, District No. 4.
Bow, Chichester, Concord, Dunbarton, Epsom, Hooksett, Loudon,
Pembroke, and Pittsfield.
Sect. 12. Senatorial District Number Five contains Barrington, District no. 5.
Dover, Farmington, Lee, Madbury, Rochester, Rollinsford, and
Somersworth.
Sect. 13. Senatorial District Number Six contains Alton, Barn- District xo. 6.
stead, Belmont, Brookfield, Canterbury, Center Harbor, Effingham,
Gilford, Gilmanton, Holderness, Laconia, Madison, Meredith, Mid-
dleton, Milton, Moultonborough, New Durham, New Hampton,
Nortlifield, Ossipee, Sanbornton, Sandwich, Strafford, Tamworth,
Tilton, Tuftonborough, Wakefield, and Wolfeborough.
Sect. 14. Senatorial District Number Seven contains Brookline, District no. 7.
Fitzwilliam, Greenville, Hollis, Hudson, JafiFrey, Mason, Nashua,
New Ipswich, Rindge, Sharon, Temple, and Wilton.
Sect, 15. Senatorial District Number Eight contains Amherst, District No. 8.
Bedford, Bennington, Bradford, Deering, Francestown, Goffstown,
Greenfield, Henniker, Hopkinton, Litchfield, Lyndeborough, Merri-
mack, Milford, Mont Vernon, New Boston, Peterborough, Warner,
and Weare.
Sect. 16. Senatorial District Number Nine contains Antrim, District no. 9.
Chesterfield, Dublin, Gilsum, Hancock, Harrisville, Hillsborough,
Hinsdale, Keene, Marlborough, Nelson, Richmond, Roxbury, Stod-
dard, Sullivan, Surry, Swanzey, Troy, Westmoreland, Winchester,
and Windsor.
Sect, 17. Senatorial District Number Ten contains Acworth, District no. 10.
Alstead, Charlestown, Claremont, Cornish, Croydon, Goshen, Gran-
tham, Langdon, Lebanon, Lempster, Marlow, Newport, Plainfield,
Springfield, Sunapee, Unity, Walpole, and Washington.
Sect. 18. Senatorial District Number Eleven contains Alexandria, DistnctNo. 11.
Andover, Ashland, Boscawen, Bridgewater, Bristol, Campton, Ca-
naan, Danbury, Enfield, Franklin, Grafton, Hanover, Hebron, Hill,
Lyme, New London, Newbury, Orange, Orford, Piermont, Plymouth,
Salisbury, Sutton, Webster, and Wilmot.
Sect, 19, Senatorial District Number Twelve contains all the District no. 12.
towns and places in the county of Coos, and the towns of Albany,
160 Chapters XXVIII, XXIX. [1873.
Bartlett, Bath, Benton, Bethlehem, Chatham, Conway, Doixhcster,
Eaton, Ellsworth, Franconia, Freedom, Groton, Hart's Location,.
Haverliill, Jackson, Landaff, Lincoln, Lisbon, Littleton, Lyman,
Monroe, Rumney, Thornton, Warren, Waterville, Wentworth, and
Woodstock.
KepeaiiDg Sect. 20. All acts and parts of acts inconsistent with this act are
hereby repealed.
[Approved July 2, 1873.]
CHAPTER XXYIII.
AN ACT IN AMENDMENT OF SECTION TWO, CHAPTER FOUR OF THE PAM-
PHLET LAWS OF EIGHTEEN HUNDRED AND SIXTY-NINE, RELATING TO
SAVINGS BANKS.
Section
1. Savings banks neglecting to pay tax, to be
charged interest thereon.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Gen&i^al
Court convened:
savings^^ banks SECTION 1. That section two, chapter four of the pamphlet laws
paytax, t'obe of eighteen hundred and sixty-nine be amended by adding the
est'*'ufe'!eon'.*^'^' words, " and upon their neglect, the treasurer shall add thereto
interest after such default at the rate of ten per cent, per annum,
and shall issue his extent for the sum so unpaid and said interest
till payment is made ; and all property of the corporation the first
day of April preceding shall be liable for its payment," after the
word " thereof" in the fifth line of said section.
Act takes effect Sect. 2. Tliis Qct shall take effect upon its passage,
on its passage. [Approved July 2, 1873.]
CHAPTER XXIX.
AN ACT IN ADDITION TO AND AMENDMENT OF CHAPTER FIVE OF THE
PAMPHLET LAWS OF ONE THOUSAND EIGHT HUNDRED AND SEVENTY,
RELATING TO SEWERAGE.
Section I Skction
1. Land taken for sewerage — proceedings 2. Act takes effect on its passage: repealing
sanae as for highways. I clause.
Be it enacted hy the Senate and House of JRepresentatives in General
Court convened:
Land taken for SECTION 1. Whenever it shall be adjudged necessary by the mayor
ceedi'^fs^'s^am'e and aldermen of any city in which the act to which this act is an
\vays*''^ ^^^^' amendment has been adopted by the city council, and by the select-
men of any town in which the same has been adopted by the legal
voters at a meeting legally called for that purpose, to extend any
1873.]
Chapters XXX, XXXI.
161
main drain or common sewer, provided for by said act, across, upon,
over, or through the land of any person or corporation, the mayor
and aldermen of the city and the selectmen of the town shall pro-
ceed in the manner required by law in taking land for public high-
ways or streets ; and any person or corporation, suffering damage in
their property by such taking, shall have all and the same rights
and remedies for the ascertainment and recovery of the amount of
such damage as is provided by law for the ascertainment and recov-
ery of damages for lands taken for public highways or streets.
Sect. 2. This act shall take effect upon its passage, but shall be Act fakes effect
in force only in such cities and towns as have or may adopt the act «>» '^^ pa^^^ge.
to which this is an amendment, as provided in the first section
thereof : and all acts and parts of acts inconsistent with this act Repealing
i clause.
are hereby repealed.
[Approved July 2, 1873.]
CHAPTER XXX.
AN ACT TO CONFIRM AND ESTABLISH THE BOUNDARY LINE BETWEEN THE
TOWNS OF GREENVILLE AND MASON.
Section
1. Line between Greenville and Mason estab-
lished.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Section 1. The boundary line between said towns of Grreenville Boundary^ uue
and Mason is hereby established to be as it was enacted to be in
chapter twenty-four of the pamphlet laws of one thousand eight
hundred and seventy-two.
Sect. 2. This act shall take effect upon its passage. Act takes effect
[Approved July 2, 1873.]
on its passage.
CHAPTER XXXI.
AN ACT RELATING TO THE AUDITING AND ALLOWANCE OF SHERIFFS'
ACCOUNTS.
Section
1. Sheriffs annually to submit account to
county commissioners.
Section
2. Repealing clause.
3. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Section 1. The sheriff shall, once in each year, submit to the sheriffs to ac-
,,.,, /.,, *^ , ,, count annually.
county commissioners, at a trial term oi the supreme court, a state-
ment in detail of all services of himself or of his deputies for which
the county is chargeable, and such amount shall be allowed as is
162
Chapters XXXII, XXXIII.
[1873.
Repealing
clause.
Act takes effect
on its passage.
just ; and no such account shall be allowed unless, presented within
one year after the service was performed.
Sect. 2. Section sixteen of chapter one hundred ninety-seven of
the General Statutes is hereby repealed.
Sect. 3. This act shall take effect on its passage.
[Approved July 2, 1873.]
CHAPTER XXXII
AN ACT IN AMENDMENT OF SECTION THIRTEEN OF CHAPTER FIFTY OP
THE GENERAL STATUTES, IN RELATION TO THE TAXATION OF WOOD, BARK,
LOGS, AND LUMBER.
Section I Section
1. Wood, etc., of non-resident owner to be 2. Repealing clause: act takes effect on its
taxed to him: lien of town thereon. I passage.
Be it enacted hy the Senate and House of Representatives in Qeneral
Court convened:
Wood, etc., of Section 1. That when any wood, bark, loffs, or lumber, liable to
owner to be be taxcd, shall be owned by a person residing out of the town
im. .^,|^gj,g |.|^g same is situated on the first day of April, and is not in
lien of town
thereon.
Repealing
clause : act
the custody of any person residing in such town, the same shall be
taxed to the owner thereof ; and said town shall have a lien thereon
for the payment of the taxes, in the same manner as is prescribed
in chapter 54 of the General Statutes.
Sect. 2. All acts and parts of acts inconsistent with this act are
takes effect on hercbv repealed, and this act shall take effect from its passage.
us passage. [Approved July 2, 1873.]
CHAPTER XXXIII
AN ACT IN AMENDMENT OF SECTION THREE OF CHAPTER ONE HUNDRED
AND SEVENTY-TWO OF THE GENERAL STATUTES, IN RELATION TO THE
PLACE OF HOLDING THE PROBATE COURT IN THE COUNTY OF BELKNAP.
Section
1. Terms of probate court: times and places
of holding.
Section
2. Repealing clause.
3. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives hi General
Court convened:
Times and
places of hold-
ing terms.
Section 1. That section three of chapter one hundred and seven-
ty-two of the General Statutes be amended by striking out the
words " at Gilford on the third Tuesday of every month," and
inserting in lieu thereof the following words : At Gilford on the
third Tuesday of January, February, March, April, May, July,
1873.] Chapters XXXIV, XXXV. 163
August, September, November, and Deceml)er, and at Gilmanton
Iron Works on the third Tuesday of June and October.
Sect. 2. Chapter thirty-four of the pamphlet laws of one thou- Repealing
sand eight hundred and seventy-one, and all acts and parts of acts ^'*"^®'
inconsistent with this act, are hereby repealed.
Sect, 3. This act shall take effect on its passage. Act takes effect
[Approved July 2, 1873.] "" ''' ''"'''•
CHAPTER XXXIV.
AN ACT IN AMENDMENT OF SECTION 6 OF CHAPTER 240 OF THE GENERAL
STATUTES, RELATING TO RECOGNIZANCE IN CRIMINAL CASES.
Section
1. Parties and witnesses in police court to
recognize to appear at the next grand
jury term.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Section 1. Section 6 of chapter 240 of the General Statutes Parties and
shall be amended so as to read, — If the offence is bailable by such direrto%*ecog-
police court or justice, the accused shall be ordered to recognize with mze.
sufficient sureties in a reasonable amount for his appearance at the
supreme judicial court at the next trial term thereof for the
county, and to stand committed until the order is complied with ;
but if no grand jury is required to attend the next trial term, par-
ties and witnesses shall be ordered to recognize to appear at the
next term to which a grand jury is required to attend.
Sect. 2. This act shall take effect from its passage. Act takes effect
[Approved July 2, 1873.] °° "« p^^'^s"'
CHAPTER XXXV.
AN ACT IN AMENDMENT OP SECTION ONE, CHAPTER FIFTEEN OF THE LAWS
OF 1870, AND IN AMENDMENT OF SECTION ONE, CHAPTER FIFTEEN OF THE
LAWS OF 1872, RELATIVE TO THE DUTIES AND POWERS OF TRUSTEES OF
SAVINGS BANKS.
Section
1. Duties of trustees of savings banks— by
whom performed— compensation.
2. Debtor trustee not ineligible to reelection.
Section
3. Repealing clause.
4. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Greneral
Court convened:
Section 1. That the duties required to be performed by the trus- Duties of trus-
tees of savings banks, under section one, chapter fifteen of the laws b^nks-by^^"^^
of 1872, may be performed by a committee appointed from their 7d-™mp^ns™"
own board by the trustees for that purpose, and such committee, ^^°^-
164
Chapters XXXVI, XXXVII.
[1873.
and any other committee so appointed, together with such clerks
as they may find it necessary to employ, shall be entitled to receive
proper compensation for services actually performed by them.
noUnJiigfbieto Sect. 2. That any loan to a trustee made agreeably to section 1,
reelection. chapter fifteen of the laws of 1870, shall not be held to render such
trustee ineligible to a reelection as trustee.
Sect. 3. All acts and parts of acts inconsistent with this act are
hereby repealed.
in£lllsT^ Sect. 4. This act shall take effect from and after its passage.
[Approved July 2, 1873.]
Repealing
clause.
CHAPTER XXXVI.
AN ACT IN AMENDMENT OF CHAPTER 52 OF THE PAMPHLET LAWS PASSED
JUNE SESSION, 1869, ENTITLED " AN ACT IN RELATION TO THE PRESERVA-
TION OF CERTAIN BIRDS."
Section I Section
1. Act protecting pigeons repealed. | 2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Creneral
Court convened:
Act protecting SECTION 1. That portion of section 1, chapter 52 of the pam-
p^geons repea- ^^^^^^ |^^g passcd Junc scssion, 1869, which prohibits the baiting,
taking, and killing of wild pigeons, between the first day of February
and the fifteenth day of August in any year, is hereby repealed.
Act takes effect Sect. 2. This act shall take effect from and after its passage.
on its passage. ^^^^^^^.^^ j^^^ 2, 1873.]
CHAPTER XXXVII.
AN ACT TO ANNEX A PORTION OF MEREDITH TO CENTER HARBOR.
Section
1. Part of Meredith annexed to Center Har-
bor.
2. Meredith to assess and collect taxes in the
part severed.
Section
3. To collect and apply taxes heretofore as-
sessed.
4. Proportion of public taxes to each town.
5. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Part of Mere- SECTION 1. All that portiou of the towR of Meredith contained
Center Harbor*! within the following boundaries, viz., — beginning on the line be-
tween said town of Meredith and the town of Center Harbor, at a
large stone in the end of the wall at the westerly corner of the farm
of the late Jonathan Brown ; thence running south thirty-one and
three fourths degrees east, one hundred and forty-one rods and
1873.] Chapter XXXVII. 165
twenty links on the line of the said Brown farm to a wall ; thence
north fifty-eight and one half degrees east, twelve rods and fifteen I
links on said Brown farm ; thence south thirty-two and one lialf [
degrees east, one hundred and twenty-two rods and seventeen links
on said Brown farm to a wall ; thence north fifty-eight and one
fourth degrees east, sixteen rods on said Brown farm to land of Sam-
uel Hutchins ; thence south thirty-one and one fourth degrees east, \
one hundred and twenty-six rods on said Hutchins's land, land of i
Isaac Leavitt, and land of John Smith, to the corner wall on land of
Moses Chapman ; thence north fifty-nine and one half degrees east, -
on said Smith's land to the corner of a wall ; thence south thirty- ;
one and one fourth degrees east, forty-seven rods on land of said ,
Smith to Winnipiseogee lake ; thence northerly on said lake to the \
line between said town of Meredith and the town of Moultonbor-
ough ; thence north-westerly on the line between Meredith and Moul-
tonborough to the easterly corner of Center Harbor ; thence south-
westerly on the line between Meredith and Center Harbor to the
point of beginning, — is hereby severed from said town of Meredith
and annexed to said town of Center Harbor.
Sect. 2. The town of Meredith shall retain and have the power Meredith to as-
to assess and collect for its use and benefit upon the polls and es- taxes in the
tates of the persons and estates liable to taxation, in the portion of p*""* ^^^^'■«'^-
Meredith annexed to Center Harbor by this act, the sum of two
thousand five hundred dollars and interest, within five years from
the passage of this act, in the same way and in like manner as it
would have the right to assess and collect the same had this act not
been passed ; and for all the purposes of invoice, assessment, and
collection of the aforesaid sum of two thousand dollars and interest,
the said town of Meredith shall have the same power within said ter-
ritory as it would have had [had] this act not been passed : provided,
however, that not more than one fourth part of said two thousand
dollars and interest shall be assessed as aforesaid in any one of the ]
said five years. I
Sect. 3. All taxes heretofore assessed upon the polls and estates to coiieet and i
of persons residing within the limits of the territory hereby an- heLfoforr j
nexed to Center Harbor, and upon the estates in said territory of ^^*®^**^'*- ,
non-residents, shall be collected and applied the same as if this act i
had not been passed. i
Sect. 4. Of every one thousand dollars of public taxes hereafter Proportion of ]
to be raised, the proportion which said town of Meredith shall pay each to^ra.^*
shall be four dollars and forty-two cents, and the proportion which
said town of Center Harbor shall pay shall be one dollar and I
twentj-eight cents ; and the treasurer shall issue his warrant ac-
cordingly. I
Sect. 5. This act shall take effect from and after its passage. Act takes effect \
r\ 1 T 1 o lor-o T to on 5ts passage. 1
[Approved July 3, 18(3.] i
166
Chapters XXXVIII, XXXIX.
[1873.
CHAPTER XXXVIII.
AN ACT IN RELATION TO THE GOVERNMENT OF RAILROAD TRAINS.
Section
1. Movement of trains regulated when roads
intersect.
Section
2. Penalty for violation.
3. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Creneral
Court convened:
Movement of SECTION 1. When a railroad, whose cars are propelled by steam,
when^roids^in*^ IS crosscd by a Similar railroad at grade, every engineer of a passen-
tersect. ggj^. trail! on such roads shall stop his engine within five hundred
feet of the intersection of said roads, and shall pass slowly over said
intersection ; but one stop shall be sufficient for all such crossings
within six hundred feet of one another upon the same road, and no
stop shall be required at any crossing where a signal-man is sta-
tioned.
Sect. 2. Every engineer violating the provisions of the preceding
section shall forfeit one hundred dollars for each offence, and the
corporation on whose road the oflfence is committed shall forfeit the
further sum of two hundred dollars, such forfeitures to be recovered
by complaint in the county where the offence is committed.
Sect. 3. This act shall take effect from and after its passage.
[Approved July 3, 1873.]
Penalty for vio-
lation.
Act takes effect
on its passage.
CHAPTER XXXIX.
AN ACT IN AMENDMENT OF CHAPTER 251 OP THE GENERAL STATUTES, IN
RELATION TO OFFENCES AGAINST " GAME LAWS."
Section i Section
1. Fishways not be opened in dams in Winni- 2. Act takes effect on its passage,
piseogee river. |
Be it enacted hy the Senate and House of Representatives in Creneral
Court convened:
Fishways not SECTION 1. That the provisioii for erecting fishways over and
dams in winnf- upon tlic dams of tlic Winnipiseogce river, as provided for in the
piseogee river, twentieth scction of Said chapter, be, and the same is hereby, re-
pealed.
Act takes effect Sect. 2. This act shall take effect from and after its passage.
on ii^ passage. [Approved July 3, 1873.]
1873.]
Chapters XL, XLI.
167
CHATTER XL.
AN ACT IN AMENDMKNT OF CHArTER ONE, SECTION SEVENTY, OF THE PAM-
PHLET LAWS OF ONE THOUSAND EIGHT HUNDRED AND SIXTY-EIGHT, RE-
LATING TO THE SALARY OF THE WARDEN OF THE STATE PRISON.
Section
1. Annual salary of warden of state prison,
$1500.
Section
2. Repealing clause:
passage.
act takes effect on its
Be it enacted hy the Senate and House of Representatives in Greneral
Court convened:
Section 1. That the annual salary of the warden of the state Saia^ of war-
prison shall be fifteen hundred dollars, in full compensation for all
services rendered by him in said office.
Sect. 2. All acts and parts of acts inconsistent herewith are Repealing
hereby repealed, and this act shall take effect upon its passage. takes effect on
[Approved July 3, 1873.] "^ p''^^'^°^-
CHAPTER XLI.
AN ACT IN AMENDMENT OF AN ACT ENTITLED " AN ACT TO ESTABLISH A
NEW PROPORTION FOR THE ASSESSMENT OF PUBLIC TAXES," APPROVED
JULY 4, 1872.
Section
1. Proportion of public taxes to be paid by
Hale's Location.
2. 1872 apportionment of public taxes to Sut-
ton corrected.
Section
3. Repealing clause; act takes effect on its
passage,
Be it enacted hy the Senate and House of Representatives in Cfeneral
Court convened:
Section 1. Of every thousand dollars of public taxes hereafter to Proportion of
be raised, the proportion which Hale's Location, in the county of be paid by
Carroll, shall pay, and for which the state treasurer is hereby au- ^oi*;^ ^*"'*'
thorized to issue his warrant, shall be one cent.
Sect. 2. The state treasurer is hereby authorized to abate from i?t2 apporticn-
the state tax of 1873, to be paid by the town of Sutton in the ux"s to s^u" ton
county of Merrimack, two dollars and one cent for every one thou- •=<^"octed.
sand dollars of the entire state tax, and to make the same propor-
tional abatement annually thereafter during the period of appor-
tionment fixed by the act to which this act is an amendment. And
the treasurer of the county of Merrimack is also authorized to make
a proportional annual abatement from the amount of county tax to
be paid by said town during said time.
Sect. 3. All acts and part of acts inconsistent with this act are Repealing
hereby repealed, and this act shall take ettect on its passage. tails effect on
[Approved July 3, 1873.] "^' ^''''^^'-
168
Chapters XLII, XLIII.
[1873.
CHAPTER XLII.
AN ACT DIRECTING THE DESTRUCTION OF BONDS AND COUPONS.
Section
1, Committee of council to destroy all re-
deemed state bonds.
Section
2. To prepare and file schedule of bonds de-
stroyed.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Redeemed state SECTION 1. That His Excellency the governor shall appoint a
stroyed. Committee of the honorable council, whose duty it shall be to
destroy all bonds and coupons of the state, now in the treasurer's
office, which were redeemed prior to the first day of June, 1873,
and that hereafter such bonds and coupons shall be destroyed
by a committee of the honorable council, after the treasurer's ac-
counts have been audited by the proper committee of the house
of representatives,
scbeduieof Sect. 2. The Committee shall prepare a schedule of the bonds
made and filed, and coupous SO destroyed, which shall be placed on file in the treas-
urer's office.
[Approved July 3, 1873.]
CHAPTER XLIII.
AN ACf TO INCREASE THE AMOUNT OF THE MUNICIPAL WAR LOAN. AND
TO AUTHORIZE THE TREASURER TO CLOSE THE CASH BALANCE IN HIS
HANDS INTO THE REVENUE ACCOUNT.
Section
1. War loan increased and balance tratisfefred
to revenue account.
2. WAT loan bonds to be destroyed.
Section
3. Repealing clause.
4. Act takes effect on its passage.
JBe it enacted hy the Senate and House qf Represeyitatives in (Jeneral
Court convened:
^^ar loan in- SectIon 1. That the amount of the municipal war loan author-
baiance trans- izcd by the scvcral acts now in force, be, and the same is hereby,
tmelMount^^' increased by the sum of ninety-six dollars and twenty-three cents,
and that the state treasurer be authorized to close the cash balance
of one hundred and ninety-six dollars and twenty-six cents, the
same being the balance in the treasurer's hands after paying all
sums awarded to the several cities and towns, into the revenue
account.
War loan Sect. 2. That the state treasurer be directed to destroy, in the
stroyed!" ^^ ^^* pi'^scncc of the govcrnor and council, the balance of the municipal
war loan bonds now in his possession that are not required in set-
tlement with the several cities and towns ; and the treasurer shall
1873.]
Chapter XLIY.
169
prepare a schedule including the number and denomination of the
bonds so destroyed, which schedule shall be placed on file in the
treasurer's office.
Sect. 3. All acts and parts of acts inconsistent with this act are Ropoaiing
hereby repealed. *^'""^^"
Sect. 4. This act shall take effect upon its passage. Act takes effect
[Approved July 3, 1873.]
ou its passage.
CHAPTER XLIV.
AN ACT TO PROVIDE FOR THE STORAGE, SALE, AND INSrECTION OF PETRO-
LEUM A^D ITS PRODUCTS.
Section
1. Appointment of inspector of petroleum,
etc., provided for: iiis duties and com-
pensation.
2. Sale of illuminating oils regulated-'penal-
ty for violation.
8. Oils which shall be branded "unsafe for
illuminating purposes."
4. Penalty for selling naptha under false
name.
5. Storage, etc., of petroleum, etc., regulated-
penalty.
Section
6. Dealers In petroleum to be licensed : license
to contain what : how long to continue.
7. Justice to issue search-warrant, upon com-
plaint that explosive oils are kept in vio-
lation of law.
8. Time of keeping such articles in exposed
places limited— penalty.
9. Dealers required to have oils inspected and
approved — penalty.
Be it enacted ly the Senate and House of Representatives in General
Court convened :
Section 1. The mayor and aldermen of every city, and the select- Appointment of
men of every town of more than fifteen hundred inhabitants, and of J^ofeum.'^e'tc.r
every town of less than fifteen hundred inhabitants, upon the writ- |^[rdulL^and
ten application of five or more citizens of such town therefor, shall compensation,
appoint annually one or more suitable persons, not interested in the
sale of crude petroleum, or in the sale or manufacture of petroleum,
earth rock oil, or in any of their products, to be inspector or inspec-
tors thereof in said city or town, and fix their compensation, to be
paid by persons requiring their services under the provisions of this
statute, and who, before entering upon the duties of their office,
shall be duly sworn. Any inspector, guilty of fraud, deceit, or cul-
pable negligence in the performance of his duties, shall be punished
by fine not exceeding one hundred dollars, or imprisonment in the
county jail or house of correction not exceeding one month, or by
both, in the discretion of the court.
Sect, 2. No person shall mix for sale naptha and illuminating gaie of niumi.
oils, or shall sell or offer for sale such mixture, or shall sell or ufalel-^plnaiw
offer for sale, except for purposes of remanufacture, illuminating oils for violation.
or compounds made from coal or petroleum, which will evaporate a
gas under one hundred degrees Fahrenheit, or ignite at a tempera-
ture of less than one hundred and ten degrees Fahrenheit, — to be
ascertained by the application of Tagliabue's or some other ap-
proved instrument ; and any person so doing shall, for each offence,
170 Chapter XLIY. [1873.
be punished bj fine of not less than one hundred dollars, or impris-
onment as in first section hereof; and shall also be liable therefor
to any person suffering damage from the explosion or ignition of
such oil thus unlawfully sold, or kept, or offered for sale ; and such
oil or compounds thus unlawfully sold, or kept, or offered for sale,
and the casks or packages containing the same, shall be forfeited
and sold, — one half of the proceeds of such sale to go to the state,
and the other half to the informer.
Oils which shall Sect. 3. For all the purposes of this act, all illuminating oils or
be branded -'un- ■, ji>i j. i -i • • -j.- • j.
safe for iiiumi- compouuds made irom coal or petroleum, having an ignitmg point
nating purpos- ^^ j^gg ^^^^^ ^^^^ hundred and ten degrees Fahrenheit, to be deter-
mined in the manner provided in the second section of this act,
shall be deemed to be mixed with naptha, and shall be branded un-
safe for illuminating purposes.
Penalty for sell- Sect. 4. Any persoii who shall sell, or keep, or offer for sale
del fai^e nam'e'! iiaptlia uudcr any false or assumed name, shall, for each offence,
upon conviction thereof, be liable to the same penalties provided,
and shall be subject to the same liabilities set forth, in the second
section of this act.
storage, etc., of Sect. 5. Crude petroleum, or any of its products, may be stored,
regulated— pen- kept, manufactured, or refined, in detached and properly ventilated
^ ^^" buildings specially adapted to the purpose, and surrounded by an
embankment constructed so as to effectually prevent the overflow of
said petroleum or any of its products beyond the premises on which
the same may be kept, manufactured, or refined, — said buildings to
be occupied in no part as a dwelling ; and, if less than fifty feet from
any other buildings, must be separated therefrom by a stone or
brick wall at least ten feet high and twelve inches thick ; and any
person keeping such articles in any other kind of building, except
as is hereinafter provided in the sixth section hereof, shall be pun-
ished by fine or imprisonment in the manner provided in the second
section hereof.
So?eum to"be^i1I ^ECT. 6. No pcrsou sliall manufacture, refine, mix, store, or keep
censed: license for Sale aiiy oil or fluid composed wholly or in part of any of the pro-
wiiat! how long ducts of petroleuiii, in any city or town, except as provided in the fifth
to continue. gectiou of tliis act, without a license first having been obtained from
the mayor and aldermen of said city, or the selectmen of said town ;
and in said license there shall be expressed the manner, and the
portion of any locality or building, in which said articles may be
mixed, stored, or kept ; and whoever mixes, stores, or keeps said
articles in any one locality, except as aforesaid, without having first
obtained a license as herein required, or, having obtained such
license, mixes, stores, or keeps said articles in a different manner,
or in any other portion of said locality or building, than is expressed
in said license, shall forfeit and pay a sum not exceeding five hun-
dred dollars, to be recovered in any appropriate form of action, to
be instituted in the name of the mayor of said city or of the select-
men of said town, — one half to go to the state, and one half to the
informer ; and the license granted in accordance with the provisions
of this act shall continue to be in force from the time of granting
the same until the first day oi April next succeeding, unless sooner
revoked ; and said license shall be revokable at all times by the
authorities granting the same.
Sect. 7. Upon complaint made to the justice of any municipal or
1873.]
Chapter XLV.
171
police court, or to a iusticc of the peace, by the mayor, or by an Justices to issue
alaerman or any city, or by a selectman oi any town, or by an m- upon complaint
spcctor appointed under the provisions of this act, or an engineer of oi'it^re^kept In
a fire department, fire ward, cliicf of police, or city marshal, that j'o'at'on of
he has probable cause to suspect, and docs suspect, that any of the
articles enumerated in tliis act are otTered for sale, or are deposited
and kept within the limits of said city or town, contrary to the provi-
sions of this act, said justice or court may issue a warrant directed to
any such inspector, engineer, or fire-ward, or to any sheriff, deputy
sheritl", constable, or police officer, ordering him to enter any shop,
warehouse, manufactory, or any other building specified in the war-
rant, to make diligent search for such article or articles suspected
to be so ottered for sale, deposited, or kept, and to make return of
his doings to said justice or court forthwith.
Sect. 8. None of the articles enumerated in this act shall be Timoof keeping
allowed to remain in any street, lane, alley, or travelled way, or
upon any wharf, or in any yard, or on the grounds of any raih"oad |'"
corporation, in any city for a longer time than twenty-four hours,
and in any town for a longer time than forty-eight hours, without a
special permit from the mayor and aldermen of said city, or the
selectmen of said town, or from some person by them duly author-
ized ; and any and all persons so keeping such articles for a longer
time shall be punished by a fine of not more than fifty dollars for
each and every offence.
Sect. 9. No person shall sell, or keep for sale, or in storage, any Dealers requic-
crude or refined petroleum, naptha, kerosene, earth rock, machinery, inspected and
or illuminating oil, in any city or town, without having the same app^^oved-pen-
inspected and approved by an authorized inspector. And any per-
son violating the provisions of this section shall be fined and impris-
oned in the manner provided in the second section of this act.
[Approved July 3, 1873.]
such articles in
exposed places
"iniited — penal-
CHAPTER XLV.
AN ACT IN RELATION TO THE SUPPORT OF CERTAIN PAUPERS IN THE
PLACE OF THEIR DOMICILE.
Section
1. Certain paupers, so electing, may be sup-
ported in the town of their domicile.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Q-eneral
Court convened:
the
tleir
Section 1. It shall be the duty of county commissioners to make certain pau-
a contract with selectmen of any town in their county for the Fn "may bS-
support of county paupers, who, on account of long residence or Fown'*of''ti '
local associations, shall wish to remain in the town of their domicile, domicile
whenever in the judgment of the commissioners and the selectmen
it shall be thought best to do so : provided, the sum agreed shall not
3
172 Chapter XLYL [1873.
exceed tlie sum of one dollar and fifty cents a week for each panper
so supported.
Act takes effect Sect. 2. Tliis act shall take effect on its passage.
onitspa.sase. j-^ppj-Qved July 3, 1873.]
CHAPTER XLYI.
AN ACT IN RELATION TO THE FINAL KErORT OF THE STATE GEOLOGIST,
Section
1. Secretary of state to have printed 1000 cop-
ies final report of state geologist.
2. Distribution of same.
Sectioh
3. Governor antliorized to draw bis •R-arrant
to pay expenses of report.
4, Act takes effect on its passage.
Be it enacted by the Senate and House of RepresentativeB in General
Court convened:
Secretary of SECTION 1. The Secretary of state is hereby authorized to procure
printed looo^ ^^'^^ printing of one thousand copies of the final report of the state
copies final re- geologist, With sucli neccssaiy maps, plates, and sections as he may
oiogist.^ '^°^^' determine. Tlie report shall be printed in the usual style of such
reports, and shall not exceed two volumes.
Distribution of Sect. 2. The Secretary of state shall distribute the one thousand
same. copics as follows : To each town in the state, for the use of its citi-
zens, one copy, to be deposited in the town library or otlier public
library, or in the town-clerk's office, at the discretion of the select-
men ; to Dartmoutli college, the New Hampshire Historical Society,
the New England Historic Genealogical Society, the Smithsonian
Institution, and congressional library, and the state geologist,
each six copies ; to each incorporated academy applying to the sec-
retary of state, and to the State Normal School, one copy ; to each
state library, and the library of the Canadian government, and the
principal assistant in the survey, one copy ; for distribution among
distinguished geologists and scientific institutions and colleges, and
at the discretion of the secretary of state, fifty copies. The remain-
der shall be deposited in the state library for permanent preserva-
tion, for exchanges, or for sale at cost, at the discretion of the trustees
of the library.
Governor r.u. Sect. 3. The govcmor is hereby authorized, in order to carry into
draw^ wJ°war- cffcct this act, to draw his warrant for any money in the treasury
^t^nslt^W^' raised under the act " To provide for the geological and mineralog-
port. ical survey of the state," and not necessary therefor, and also for
any other money in the treasury necessary to complete this act, and
not otherwise appropriated.
Act takes effect Sect. 4. This act shall take effect from its passage,
on its passage. [Approvcd July 8, 1873.]
1873.] Chapters XLVII, XLYIII. 173
CHAPTER XLVII.
AN ACT IN AMENDMENT OF CHAPTER TWO HUNDRED AND FORTY-THREE
OF THE GENERAL STATUTES, IN RELATION TO THE ARRAIGNMENT AND
TRIAL OF MINORS AND PERSONS OF UNSOUND MIND.
Section 1. Town or county to pay counsel appointed to defend minors, etc.
Be it enacted ly the Senate and House of Represeydatives in General
Court convened:
Section 1. That whenever any counsel shall be appointed to ad- ?J'^"°%^o°^°g7i
vise with any minor or person of unsound mind, and to conduct his appointed to
defence as provided by section four of said chapter, said counsel etlsf" ™'"°'"^'
shall be entitled to receive from the town or county, in whose behalf
the action is prosecuted, a reasonable compensation therefor.
[Approved July 3, 1873.]
CHAPTER XLVIII.
AN ACT IN AMENDMENT OF CHAPTER 247 OF THE GENERAL STATUTES, IN
RELATION TO CORONERS, JUSTICES OF THE PEACE AND QUORUM, &c.
Section
1. Coroners' inquests— when holden.
Section
2. Justice of the quorum may hold inquests—
when.
Be it enacted ly the Senate and House of Representatives in General
Court convened :
Section 1. The coroner shall take an inquest upon the view of coroners* in-
the dead body of any person whose death is supposed to have been SoMenT^'^^"
occasioned by violence or casualty within the county for which he is
commissioned, and in which such dead body shall be found, when-
ever in his judgment the circumstances are not clear of the cause
thereof.
Sect. 2. Any justice of the peace and quorum shall have and ex- justice of the
ercise the same powers and be entitled to the same compensation ^o?dTqS-
as a coroner, whenever the majority of the selectmen of the town ^^^u.
in which such dead body is found shall, in writing signed by them,
authorize the same : provided, that no coroner shall be present or
can conveniently be called.
[Approved July 3, 1873.]
174
Chapters XLIX, L.
[1873.
CHAPTER XLIX.
AN ACT REQUIRING PUBLIC OFFICES TO BE KEPT OPEN DURING CERTAIN
HOURS OF EACH WEEK DAY.
Section
1. Clerks of court, probate registers, etc., to
keep their offices open certaiu hours of
the day.
Section
2. Repealing clause: act takes effect on its
passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Supreme court SECTION 1. It sliall be the dutj of tlie secretary of state, state
hZrf during trcasurcr, adjutant general, all clerks of courts, registers of probate,
which clerks of registers of deeds, and all other persons holding public offices and
shall ke'eptheir having the custody of public records, by virtue of the constitution
offices open. ^^ ^^ ^^^^ ^^^ ^^ ^1^^^ statc, to keep their respective offices open dur-
ing such hours of each week day as shall be prescribed by the su-
preme court in each case. And during such hours, the holder of
such office, or some person competent to discharge all of the duties
of the office, shall be in attendance.
Repealing Sect. 2. AH acts or parts of acts inconsistent with this act are
tlkef effect on hereby repealed, and this act shall take effect from its passage.
its passage. [Approved July 3, 1873.]
CHAPTER L.
AN ACT TO AMEND SECTION 12, CHAPTER TWO HUNDRED AND SEVENTY-ONE
OF THE GENERAL STATUTES, IN RELATION TO THE SALARY OF REGISTER
OF PROBATE OF CARROLL COUNTY.
Section
1. Salary of register of probate.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Salary of regis- SECTION 1. That scctiou twclvc, chaptcr two hundred and seventy-
ter of probate. ^^-^^ ^f ^|^q General statutes, be amended by striking out the word
"two" occurring at the end of the ninth line, and the word
"twenty" in the tenth line, and inserting in the place thereof the
words " two hundred seventy," so that it shall read, — of the regis-
ter of probate three hundred dollars.
Act takes effect Sect. 2. This act shall take effect upon its passage.
[Approved July 3, 1873.]
on its passage.
1873.] Chapters LI, LII. 175
CHAPTER LI.
AN ACT IN AMENDMENT OF SECTION NINE, CHAPTER ONE HUNDRED AND
SEVENTY-TWO OF THE GENERAL STATUTES, IN RELATION TO THE TIME
OF HOLDING THE PROBATE COURTS IN THE COUNTY OF GRAFTON.
Section
1. Time of holding probate court at Canaan
changed.
Section
2. Repealing clause.
3. Act takes effect on its passage.
Be it enacted hy the Seriate ayid House of Rejyi'esentatives in General
Court convened:
Section 1. That section nine of chapter one hundred and seventy- '''j.X°te^co1!n^
two of the General Statutes be amended by striking out tl\e word atcanaan"""^
" third," between the words " at Canaan on the" and the words ""^^""sed.
" Tuesday of June and December," and insert in its place the word
" first," so that it shall read, — at Canaan on the first Tuesday of
June and December.
Sect. 2. All acts and parts of acts inconsistent with this act are Repealing
, , - , ^ clause.
hereby repealed.
Sect. 3. This act shall take effect from its passage. ^nU'^nalsa^f *
[Approved July 3, 1873.]
CHAPTER LII.
AN ACT RELATING TO THE DISTRIBUTION OF STATUTES AND OTHER STATE
PUBLICATIONS.
Section
1. Secretary to distribute state publications
to town libraries.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Greneral
Court convened:
Section 1. The secretary of state shall annually, as soon as may secretary to
be after their publication each year, send to the librarian of the pubuca^tions \o
Fitzwilliam town library, and every other library association within ^'^'•'^^ libraries.
this state, which, upon the certificate of the selectmen of the town
where it is situated, shall appear that there is an organized library
association in operation and open to the members thereof at least
once a week during the year, one copy of the laws, and one copy of
the journals of the senate and house, and also one copy of such
other state publications as are usually, or by law, sent to the several
states in exchange.
Sect. 2. This act shall take effect from and after its passage. Act takes effect
[Approved July 3, 1873.] on its passage.
176
Chapters LIII, LTV.
[1873.
CHAPTER LIII.
AN ACT IN AMENDMENT OF CHAPTER NINETY-NINE OF THE GENERAL STAT-
UTES, RELATING TO THE SALE OF SPIRITUOUS LIQUORS.
Section
1. Persons convicted of violation of liquor
law, not to receive appointment as agent.
2. Agents to submit account to justices of the
peace.
Section
3. Doubtful.
4. Act takes effect on its
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Persons con-
victed of viola-
tion of liquor
law, not to re-
ceive appoint-
ment as agent.
Agents to sub-
mit account to
justices of the
peace.
Doubtful.
Act takes effect
on its passage.
Section 1. That section six of chapter ninety-nine of the General
Statutes is amended by striking out the words "shall receive" in
the sixth line thereof, and substituting the words " or any person
who has been convicted of, or has paid any fine or costs, or been im-
prisoned for, any violation of any provision of said chapter, shall
receive or hold."
Sect. 2. That section ten of said chapter is amended by inserting
after the word " them" in the third line thereof the words " or any
justice of the peace."
Sect, 3. That section eleven of said chapter is amended by insert-
ing between the second and third lines thereof the words " or any
justice of the peace."
Sect. 4. This act shall take effect from its passage.
[Approved July 3, 1873.]
CHAPTER LIV.
AN ACT IN AMENDMENT OF CHAPTER 45 OF THE GENERAL STATUTES, RELAT-
ING TO PUBLIC CEMETERIES AND PARKS.
Section
1. Land for cemeteries, parks, etc., may be
taken — when, and by whom.
2. Cemeteries and parks may be discontinued
and dead removed— when, and by whom.
Section
3. Taking land for cemeteries, etc., of luna-
tics, etc. — proceedings in same as for
highways.
4. Act takes effect on its passage.
Be it enacted by the Senate and House of Representatives in General
Court convened :
Land for ceme-
teries, parks,
etc., may be
taken— when,
and by whom.
Section 1. Whenever there is a public necessity for the establish-
ment of any new or the enlargement of any already established
cemetery, park, or common, the mayor and aldermen, or the select-
men, upon petition therefor, may lay out such quantity of land as
in their judgment is necessary for establishing or enlarging such
cemetery, park, or common, and appraise the damage to the owner :
provided, however, that no cemetery shall be laid out within twenty
rods of any dwelling-house, store or other place of business, with-
out the consent of the owner or owners of the same : and all pro-
1873.] Chapter LV. 177
ceediiigs thereupon, and for obtaining increased damages in case
the owner is dissatisfied, and return and record of such proceedings,
shall be the same as in the case of highways laid out by them.
Sect. 2. Whenever there is a public necessity for the disconlin- comctorios ami
uance of any cemetery, paric, or common, and the removal ot the discontinued
dead bodies or remains of persons buried in any cemetery, and any m'oved-whcn,
town by a vote of three fourths of its voters, or any city by a vote '""^ by whom,
of three fourths of its city government, shall vote in favor of such
discontinuance or removal, such cemetery, park, or common may be
discontinued, upon like notice, proceedings, return, and record, and
subject to the same right of appeal as in case of the discontinuance
of highways ; and the mayor and aldermen, or selectmen, n:iay dis-
inter all the remains of }X3rsons buried in such public cemetery, and
re'inter the same in some suitable cemetery, such disinterment and
reinterment to be done prudently and with all proper care and
attention, — all monuments, gravestones, and other appurtenances
attached to the grave being carefully removed and replaced with as
little injury as the nature of the case will admit, and at the expense
of said town or city ; and, in case of injury to any such monument,
gravestone, or otlier appurtenance, the town or city shall pay all
damages therefor ; and all proceedings relating to such removal of
dead bodies and other things aforesaid, and for obtaining increased
damages in case any person is dissatisfied, shall be the same as in
the case of the discontinuance of highways, and subject to the same
right of appeal ; and sucli reinterment shall be made as aforesaid,
at the expense of said city or town, in any public cemetery within
such city or tow^n, and in such unoccupied part of said cemetery as
shall be designated by the nearest surviving relatives of the deceased
person whose remains are removed.
Sect. 3. If the owner of any land, selected by any city or town Taking land for
for the purpose of a cemetery, park, or common, be a lunatic, non ot'ufiwtlcs,'^*'^'
compos, minor, or unknown, like notice and proceedings shall be «^f'5-P'"o<='^e^-
1 J Vi J Ti i. 1 11 J J J.1 mgsin sameas
liad thereon, and like return and record be made, and the owner for highways,
shall have the same remedy, in case he is dissatisfied with the se-
lection of such land or the damages awarded, as if said land were
laid out for a highway.
Sect. 4. All acts and parts of acts inconsistent with the provisions Aet takes effpct
of this act are hereby repealed, and this act shall take etiect upon '^^ ^ passage,
its passage.
[Approved July 3, 1873.]
CHAPTER LV.
JOINT KESOLUTION IN FAVOR OF EXETER SAVINGS BANK.
Tax of 1 per cent, for 1873 remitted to Exeter Savings Bank.
Resolved hy the Senate and House of Representatives in General
Court convened:
"Whereas, the Exeter Savings Bank, by the defalcation of its treas-
urer, has lost upwards of one quarter part of its deposits ; and
178 Chapter LVI. [1873.
whereas, said deposits were to a large extent the property of widows
and orphans and poor people who had all their property and
savings deposited in said bank ; and whereas, said bank has been
enjoined from doing business, and its affairs are now being wound
up by assignees appointed by the supreme judicial court, and is sub-
jected to a large loss of interest and heavy expenses on account of
said defalcation, and the winding up of its affairs : —
Tax of 1 per The tax of oue per cent, on the deposits and accumulations in
rlmmed'toEx- Said bank, on the first day of April, 1873, payable to the state
|ter Savings treasurer on or before the fifteenth day of June, A. D. 1873, be, and
the same hereby is, remitted to said Exeter Savings Bank ; and that
the state treasurer be, and hereby is, authorized and instructed,
in case said tax has been paid into the state treasury, to refund the
same to the said Exeter Savings Bank.
[Approved June 27, 1873.]
Bank.
CHAPTER LVI.
JOINT RESOLUTION OF THANKS OF THE STATE TO SEVERAL PERSONS.
Thanks of the state to the several persons who have donated portraits of their distinguished
ancestors.
Resolved ly the Senate and House of Representatioes in Greneral OouH
convened :
Thanks of the That the thauks of the state of New Hampshire be presented to
era\Versons*^'" the following named persons for their generous gifts to the state, as
nated'PtraU; follows:
of their distin- To James S. Thornton for the portrait of Matthew Thornton ; to
gmshed ances- ^j^^^^^ LaugdoH Elwyn for the portrait of John Langdon ; to John
Sullivan for the portrait of Gen. John Sullivan ; to Jeremiah Smith
for the portrait of Gov. Jeremiah Smith ; to William L. Plumer
and Nathaniel G. Plumer for the portrait of William Plumer ; to
Frank H. Pierce for the portrait of Benjamin Pierce ; to Charles H.
Bell for the portrait of John Bell ; to William Dinsmoor for the
portrait of Samuel Dinsmoor*; to Joseph Badger for the portrait of
William Badger ; to John A. Page for the portrait of John Page ;
to Mrs. Noali Martin for the portrait of Noah Martin ; to Miss Char-
lotte Stark for the portrait of Gen. John Stark ; to Josepli Cilley
for the portrait of Gen. Joseph Cilley ; to Bradbury Poor Cilley for
the portrait of Gen. Enoch Poor; to Josiah Bartlett for the por-
traits of Gov. Josiah Bartlett and Josiah Bartlett, Jr.
Committee to And His ExccUency the governor and the honorable council and
poru-aitsl"^"^ the secretary of state are hereby constituted, ex officiis, a committee
to solicit in behalf of tlie state the portraits of those persons who
have been prohiinently identified with the ecclesiastical, civil, and
military history of New Hampshire.
[Approved June 27, 1873.]
1873.] Chapters LYII, LYIII. 179
CHAPTER LVII.
JOINT RESOLUTION AUTHORIZING AN APPROPRIATION TO REFRAME TUE
PORTRAIT OF WASHINGTON, IN THE REPRESENTATIVES' HALL.
Appropriation for refraining portrait of Washington.
Resolved by the Senate and House of Representatives in General Court
convened :
That the sum of two hundred dollars ($200) be, and the same is Appropriation
hereby, appropriated, to be expended under the direction of the portraJtTf"^
governor and council in reframing the portrait of Washington, now Washington,
hanging in the representatives' hall, and that the same be paid
out of any money in the treasury not otherwise appropriated, the
governor being authorized to draw his warrant therefor.
[Approved June 27,1873.]
CHAPTER LVIII.
JOINT RESOLUTION PROVIDING FOR A SURVEY OF THE BOUNDARY LINE BE-
TWEEN NEW HAMPSHIRE AND MAINE.
Governor to appoint a surveyor to survey line between this state and Maine— appropriation
therefor.
Whereas, the legislature of the state of Maine has requested the
cooperation of this state in surveying and marking the line be-
tween the states of Maine and New Hampshire, and has provided
for the appointment of surveyor on their part, — therefore,
Resolved hy the Senate and House of Representatives in Creneral Court
convened :
That the governor be authorized to appoint a surveyor on the part Go_veraortoap-
of New Hampshire, who shall have power, under his direction and or'to'^surve7^'
in conjunction with the surveyor appointed on the part of the state ^^^ stl\T1ind
of Maine, to ascertain, survey, and mark the dividing line between J^^f^^f-^^PP'^^;.
this state and the state of Maine wherever it may be necessary, and for.
that the sum of two hundred and fifty dollars be, and the same is
hereby, appropriated to defray the expense of said survey on the
part of the state of New Hampshire ; and the governor is hereby
authorized to draw so much of said sum as may be necessary for
that purpose, from the treasury, by his warrant.
Resolved, That the governor be requested to transmit a copy of
the foregoing resolution to the governor of the state of Maine.
[Approved June 27, 1873.]
180 Chapters LIX, LX, LXI. [1873.
CHAPTER LIX.
JOINT RESOLUTION PROVIDING FOR THE CONTINGENT EXPENSES OF THE
GOVERNOR, ETC.
Appropriation for contingent expenses, and for clerk hire in treasury.
Resolved hy the Senate and House of Representatives in Greneral Court
convened :
Appropriation That tlic sum of One thousand dollars be allowed as the contin-
expensS'ald'* gent fiuid of the govemor ; that the sum of fifteen hundred dollars
Saasury^"^'^ be allowcd for the clerical expenses of the treasury department ;
and that the governor may draw his warrant therefor in such sums
and at such times as he may deem proper.
[Approved July 1, 1873.]
CHAPTER LX.
JOINT RESOLUTION IN RELATION TO THE SALARY OF THE CHAPLAIN OF
THE STATE PRISON.
Appropriation for chaplain at prison.
Resolved hy the Seyiate and House of Representatives in General Court
convened :
Appropriation That the sum of eight hundred dollars (1800) be, and the same is
prisoi.^^^^'" ^^ hereby, appropriated as the salary of the chaplain of the state prison
for the ensuing year, to be paid out of any money in the treasury
not otherwise appropriated ; and that the governor be authorized to
draw his warrant therefor.
[Approved July 1, 1873.]
CHAPTER LXI.
JOINT RESOLUTION IN FAVOR OF THE AMERICAN ASYLUM AT HARTFORD,
AND OF THE PERKINS INSTITUTE AT BOSTON.
Appropriation to pay indebtedness for support of deaf, etc., persons.
Resolved hy the Senate and House of Representatives in Cfeneral Court
convened :
Appropriation That whcrcas, the state is indebted in the sum of five thousand
n^'es^s^For^sup^port doUars to the American Asylum at Hartford, Connecticut, for the
of deaf, etc., education and support of indigent deaf and dumb persons during
persons. ^^^^ ^^^^ ^g^^^ ^^^ ^^ ^^^^ Pcrkius Institute at Boston for the educa-
1873.] Chapters LXII, LXIII. 181
tion and support of indigent blind persons during the year 1871,
tlie said sum of five thousand dollars be, and hereby is, appropriated
to pay the same ; and the governor is authorized to draw his war-
rant upon the treasurer therefor.
[Approved July 1, 1873.]
CHAPTER LXII.
JOINT RESOLUTION IN FAVOR OF INDIGENT DEAF, DUMB, AND BLIND PERSONS.
Appropriation for support of deaf, etc., persons.
Resolved hy the Senate and House of Representatives in Gfeneral Court
convened :
That the sura of four thousand dollars be, and hereby is, appro- ^PPy°fort'°f
priated for the support, clothing, and education of the indigent deaf d°e^af"eTc.,'^
and dumb persons of this state in the asylum at Hartford, Connecti- p^''^^"^'
cut, for the current year, and the sum of three thousand dollars for
the support, clothing, and education of indigent blind persons in
this state, at the asylum in Boston, for the current year; that said
sums be expended, as needed, under the direction of the governor,
and that he be authorized to draw his warrant upon the treasurer
therefor.
[Approved July 1, 1873.]
CHAPTER LXIII.
JOINT RESOLUTION IN FAVOR OF THE PRISONERS' AID SOCIETY.
Appropriation to Prisoners' Aid Society.
Resolved ly the Senate and Souse of Representatives in General Court
convened:
That the sum of two hundred dollars be allowed for the use of Appropriation
the Prisoners' Aid Society ; and the governor is hereby authorized Aid society.
to draw his warrant for the same upon any money in the treasury
not otherwise appropriated.
[Approved July 3, 1873.]
182 Chapters LXIV, LXV. [1873.
CHAPTER LXIY.
JOINT RESOLUTION RELATING TO REPAIRS ON THE INTERIOR OF THE STATE
HOUSE, AND IN STATE HOUSE YARD.
Appropriation to repair state house and yard, etc.
Resolved by the Senate and House of Representatives in Creneral Court
convened :
Appropriation That the Unexpended balance of the sum of five hundred dollars,
ifousl and yS appropriated by joint resolution, approved July 4, 1872, for the pur-
^*^- pose of laying a concrete floor in the basement of the state house
and plastering the floor under the library, may be expended, under
the direction of the governor, for repairs on the interior of the state
house and in state house yard ; and that a further sum, not exceeding
eight hundred dollars, is hereby appropriated for the same purpose ;
and that the governor be authorized to draw his warrant upon the
treasury for such sums, or such parts thereof, as may be expended
therefor ; — also, that His Excellency the governor be requested to
cause plans and estimates to be made for constructing six [commit-
tee] rooms in the basement of the state house, and report the same
to the next legislature.
[Approved July 3, 1873.]
CHAPTER LXY.
JOINT RESOLUTION IN BEHALF OF THE MEDICAL SCHOOL OF NEW HAMP-
SHIRE.
S5,000 appropriated to Medical School^
Resolved hy the Senate and House of Representatives in Qeneral Court
convened :
so.ooo appro- That the sum of five thousand dollars be, and the same hereby is,
Fcarschooi"^*^' appropriated to alter, repair, finish, and furnish the buildings of the
Medical School of New Hampshire at Hanover ; and that the gov-
ernor be authorized to draw his warrant for the same sum out of
any moneys in the treasury not otherwise appropriated.
[Approved July 3, 1873.]
1873.] Chapters LXVI, LXVII, LXVIII. 18^
CHATTER LXVI.
JOINT RESOLUTION IN FAVOR OF THE riNKIIAM NOTCH ROAD.
Appropriation for repairing road, etc.
Resolved hy the Senate and House of Representatives in General Court
convened :
That the sum of five hundred dollars be, and hereby is, appro- ^PP^'"°P[/rf^°"
priated, to be laid out on that part of the road leading through roadfetc""^
Pinkham notch, from the south of Gorhara to the Glen house, to
be expended by an agent appointed by the governor and council,
and to be paid out of any money in the treasury not otherwise ap-
propriated ; and the governor is hereby authorized to draw his war-
rant for the same.
[Approved July 3, 1873.]
CHAPTER LXVII.
JOINT RESOLUTION APPROPRIATING FOUR HUNDRED DOLLARS ($400), TO BE
LAID OUT IN REPAIRING THE HIGHWAY LEADING THROUGH THE TOWN
OF DIXVILLE.
Appropriation for repairing road, etc.
Resolved hy the Senate ayid House of Representatives in Crerieral Court
convened :
That the sum of four hundred dollars be, and the same hereby is. Appropriation
appropriated out of any moneys in the state treasury not otherwise roadretc-^"
appropriated, for repairing the higliway in the town of Dixville ;
and that said sum be expended and laid out under the direction of
an agent to be appointed bv the governor and council.
[Approved July 3, 1873']
CHAPTER LXVIII.
JOINT RESOLUTION IN FAVOR OF THE STATE LIBRARY AND THE HISTORICAL
SOCIETY.
Appropriations to state library and historical society.
Resolved by the Senate and House of Representatives in General Court
convened :
That the sum of three hundred dollars be appropriated for the ^PP''?P'"jfuj.°r'
state library, to supply deficiencies therein, and defray the expense of and historical
binding ; and, as the New Hampshire Historical Society is calculated ^°"^*y'
184
Chapters LXIX, LXX.
[1873.
to aflbrd valuable facilities to our citizens in the pursuit of the local
and family history of the state, and therefore deserves public en-
couragement and aid, that the sum of three hundred dollars be
appropriated for said society ; and that the governor be authorized to
draw his warrant therefor out of any money in the treasury not
otherwise appropriated.
[Approved July 3, 1873.]
CHAPTER LXIX.
JOINT RESOLUTION MAKING APPKOPKIATION FOR REPAIRS OF SUNDRY ROADS.
Appropriation for repairs of roads, etc.
Resolved hy the Senate and House of Representatives in General Court
convened :
Appropriation
for repair of
roads, etc.
That the sum of one thousand dollars be, and is hereby, appro-
priated for repairs of roads in manner following : from the town of
Jackson to the Glen house, five hundred dollars ; from Sawyer's
rock, in the town of Bartlett, to the Crawford house, five hundred
dollars : the several sums to be laid out in repairs as aforesaid,
under the direction of an agent or agents to be appointed by His
Excellency the governor, and that the treasurer of the state be
directed to pay the sums at such times and in such manner as His
Excellency shall order and direct.
[Approved July 3, 1873.]
CHAPTER LXX.
Appropriation
for repair of
road.
JOINT RiiSOLUTION RELATIVE TO THE APPROPRIATION OF MONEY FOR THE
FRANCONIA NOTCH ROAD IN LINCOLN.
Appropriation for repair of road.
Resolved ly the Senate and House of Representatives in General Court
convened :
Section 1. That the sum of three hundred dollars be, and the
same is hereby, appropriated, to be laid out in building and repair-
ing that part of the road leading through Franconia notch, which
lies in the town of Lincoln, out of any money in the treasury not
otherwise expended,— tlie same to be laid out and expended by an
agent appointed by the governor and council.
[Approved July 3, 1873.]
1873.] Chapters LXXI, LXXII, LXXIII. 185
CHAPTER LXXI.
JOINT RESOLUTION IN RELATION TO LIBRARY OF STATE PRISON.
Appropriation to prison library.
Resolved hy the Senate and House of Represefntatives in General Court
convened : •
That the sum of one hundred ($100) dollars be, and the same is Appropriation
hereby, appropriated for repairs at the library of the state prison,^— library.
the same to be paid out of any money in the treasury not otherwise
appropriated ; and that the governor be authorized to draw his war-
rant therefor.
[Approved July 3, 1873.]
CHAPTER LXXII.
JOINT RESOLUTION IN FAVOR OF THE ROAD BETWEEN THE CRAWFORD HOUSE
AND THE EASTERLY LINE OF THE TOWN OF CARROLL.
Appropriation for repair of road in Carroll.
Resolved hy the Senate and House of Representatives in G-eneral Court
convened :
That the sum of two hundred dollars be, and hereby is, appro- Appropriation
priated, to be laid out on the road between the Crawford house and road^m ca*rroiL
the easterly line of the town of Carroll, to be expended under the
direction of an agent or agents to be appointed by His Excellency
the governor ; and that the treasurer be directed to pay the same at
such times and in such manner as His Excellency shall direct.
[Approved July 3, 1873.]
CHAPTER LXXIII.
JOINT RESOLUTION IN RELATION TO THE GEOLOGICAL AND MINERALOGICAL
SPECIMENS COLLECTED BY' THE GEOLOGIST FOR THE STATE HOUSE.
Secretary to arrange mineral specimens in state house.
Resolved hy the Senate and House of Representatives in Greneral Court
convened :
That the secretary of state, with the advice and consent of the Secretary to ar-
governor and council, is hereby authorized to cause the geological speimensTn"^**
and mineral specimens collected for the state house to be arranged ^^'^^^ ^°"^^
in suitable cases, and placed in the agricultural rooms in the state
house.
[Approved July 8, 1873.]
186
Chapters LXXIY, LXXY.
[1873.
CHAPTER LXXIV.
JOINT RESOLUTION IN FAVOR OF THE REFORM SCHOOL.
Appropriation for rei'orm schooL
Resolved hy the Senate and House of Representatives in Creyieral Court
C07ive7ied : •
Appropriation
for reform
school.
That the sum of two thousand dollars be, and tlie same hereby is,
appropriated for the purpose of furnishing a tool-room, erecting a
new stable, and for repairing and improving the barn, and the yard
connected with the barn, at the reform school in Manchester, — the
same to be paid from any money in the treasury not otherwise appro-
priated ; and that the governor be authorized to draw his warrant
therefor.
[Approved July 3, 1873.]
CHAPTER LXXV.
JOINT RESOLUTIONS RELATING TO THE ACTION OF CONGRESS IN INCREAS-
ING THE SALARIES OF ITS MEMBERS.
Action of congress— increasing pay of its members denounced.
Resolved hy the Senate and Mouse of Representatives in Greneral Court
convened :
Back pay.
Futufe pay.
Congressmen
called on to re-
turn back pay.
Rigid economy
in disbursement
of national rev-
enues recom-
mended.
That the action of the congress of the United States, and of all
others participating culpably in the act, in increasing the salaries of
its own members for services during the last two years substantially
fifty per cent., deserves the indignant reprobation of every honest
citizen, as an act wholly unjustifiable and inexcusable.
Resolved, That the action of congress, in increasing the future
compensation of its members from five thousand to seven thousand
five hundred dollars per annum, while a less flagrant outrage upon
justice and decency than the increase of their own pay for past ser-
vices, was wholly unwarranted and uncalled for, and should be
immediately and unconditionally repealed.
Resolved, That we call on the senators and representatives in con-
gress from New Hampshire, at the time of the passage of the bill
increasing their salaries, to return forthwith to the United States
treasury their back pay, unless they have already done so.
Resolved, That the present condition of the country, overburden-
ed with debt and taxation, demands of the national legislature the
most rigid economy in their appropriations, and of every depart-
ment of the government the utmost fidelity in the collection and
disbursement of the national revenues.
[Approved July 3, 1873.J
1873.] Chapters LXXVI, LXXVIL 187
CHAPTER LXXVI.
JOINT kp:solution rx uegard to the centennial celebkation at
PHILADELPHIA.
New l!.imjjohirG cuidiully takes part in the coining ocntennial celebration.
Resolved hy the Senate and House of Representatives in General Court
convened :
That the proposed celebration, commemorative of the centennial ^«^ "orfiaii
anniversary of our national independence, meets with the cordial takes partintiie
approval and commands the generous support of the people of New niai diebra-*^'
Hampshire. "°°-
That the state, justly proud of its position as one of the original
thirteen, will cheerfully cooperate with her sister states in their
efforts to make this celebration worthy of the great event it is
intended to commemorate.
[Approved July 3, 1873.]
CHAPTER LXXYII.
JOINT RESOLUTION FOE COMPILING A ROLL OF HONOR OF THE OFFICERS
AND SOLDIERS WHO DIED OR WERE KILLED IN THE LATE REBELLION.
Roll of honor of deceased officers and soldiers of the late war, authorized.
Resolved hy the Senate and House of Representatives in Qeneral Court
convened :
Section 1. That the adjutant [general] be authorized to compile a roii of honor
roll of honor, giving the name, rank, regiment, date of muster, date cer^^and*^soi°*"
of death, and such other information as the records of his office ^|^^ "^^^^^jj^*®
afford of the ofldcers and soldiers from New Hampshire, who died or ed. '
were killed during the rebellion, and that the governor draw his
warrant for such an amount as shall cover the expense of arranging
the same.
[Approved July 3, 1873.]
188 Chapters LXXVIII, LXXIX. [1873.
CHAPTER LXXVIII.
JOINT RESOLUTION RELATING TO THE STATE NORMAL SCHOOL.
$5,000 appropriated to State Normal SchooL
Resolved ly the Senate and House of Representatives in Gfeneral Court
convened :
35,000 appropri- That the suHi of fivG tliousand dollars be, and the same hereby is,
normal school, appropriated to the State Normal School, three thousand of which, or
so much thereof as is necessary, shall be applied to the payment of
teachers' salaries now due, and the remainder to the improvement
and repairs of the buildings and grounds of the institution, and the
maintenance of the school, as the judgment of the trustees shall
determine, and that the same be paid out of any money in the
treasury not otherwise appropriated ; and the governor is authorized
to draw his warrant for the same.
[Approved July 3, 1873.]
CHAPTER LXXIX.
JOINT RESOLUTION TENDERING A VOTE OF THANKS TO HON. B. F. PRESCOTT,
SECRETARY OF STATE, ,
For his laudable efforts in securing portraits of distinguished men.
Resolved hy the Senate and Souse of Representatives in Gfeneral Court
co7ivened :
Thanks to Hon, That the thauks of the people of New Hampshire are due to Hon.
B. F. Prescott, secretary of state, for his persevering labors in se-
curing portraits, by donation, of revolutionary patriots, governors
of the state, and other eminent men, to grace the walls of the state
house.
[Approved July 3, 1873.]
1873.] Chapter LXXX. 189
CHAPTER LXXX.
NAMES CnANGED BY JUGDES OF TKOBATE.
Names changed.
The following changes of names have been legally made by the
judges of probate in the counties where the persons reside, namely :
Mary Josephine Brown, of Exeter, takes the name of Mary Jose- Names ctang.
phine Lovering ; John A. Perkins, of Exeter, takes the name of
John Alfred Perkins Gilman ; William Batchelder, of Kensington,
takes the name of William Batchelder Blake ; William Senior, of
Rye, takes the name of Willie Bunker ; Sarah E. Hill, of Exeter,
takes the name of Sarah E. Crummett ; Mina Louisa Walker, of
Meredith, takes the name of Mina Louisa Newell ; Elisabeth Walker,
of Meredith, takes the name of Agnes Elisabeth Roberts ; Mabel
Cotton, of Gilmanton, takes the name of Mabel Augusta Seavey ;
Sprague A. Torsey, of Alton, takes the name of Sprague A. Tilton ;
Abbie A. Elkins, of Laconia, takes the name of Abbie A. Copp ;
Amanda Crane, of Carroll county, takes the name of Amanda
Chamberlain ; Mary J. Nutt, of Carroll county, takes the name of
Katie May Chamberlain ; Melissa D. Chase, of Carroll county, takes
the name of Melissa D. Philbrick ; John Marsten Chase, of Carroll
county, takes the name of John Marsten Philbrick ; an infant son
of Richard W. and Josephine S. Luther, of Newport, takes, by
adoption, the name of William Carrol Varnum ; Francis Smith, of
Washington, takes the name of Frank Clark Bailey ; Henry Meroni
Crouch, of Lempster, takes the name of Henry Meroni Bingham.
PEIVATE ACTS.
CHAPTER LXXXI.
AN ACT TO INCORPORATE THE TRUSTEES OF THE HAMPSTEAD HIGH SCHOOL
Section
1. Corporation established.
2. Its powers and duties.
3. Vacancy in membership-^^hoW filled : offii-
cers and their duties, etc.
Section
4. First meetihg^how called, etc.
5. Act subject to amendment.
6. Act takes eflFect on its passagCi
Be it enacted hy the Senate and House of Representatives in Q-eneral
Court convened:
Section 1. John Ordway, Tristram Little, William C. Little, COTpot^ation es-
Amos Buck, Amos Ring, and Frederick A. Pike, all of Hampstead
in the county of Rockingham, and their successors, togetlier with
the pastor of the present Congregational society in said Hampstead,
for the time being ex officio, are hereby incorporated and made a
body corporate and politic forever, by the name of the Trustees of the
Hampstead High School, with full power and authority to establish,
govern, maintain, and administer a high school in said town of
Hampstead, open and free to youth of both sexes belonging to said
town, impartially and without distinction, subject to the substantial
observance of the principles and regulations set forth in the last
will of Benjamin D. Emerson, late of West Roxbury, in the state
of Massachusetts, as the fundamental constitution of said school,
for the maintenance of which he provided a fund in and by said
will,— with all the powers and privileges, and subject to all the lia-
bilities incident to corporations of a similar nature.
Sect. 2. Said corporation may receive from said town of Hamp- its powers and
stead a conveyance of a lot of land with a school-house thereon, '^"''^*"
and may hold and improve said land and school-house for the pur-
poses of a high school, as provided in the first section of this act ;
and said corporation may also receive from the executors of the will
of said Emerson, and from any other person or persons, any and
all moneys and other property given or bequeathed for the use or
benefit of such high school, and all such moneys and other property
shall hold and apply according to the directions of the donors or
testators by whom the same were given or bequeathed.
Sect. 3. A maiority of the members of said corporation for the vacancy in
•, . •■ ■,-,''.. n ,^ , Z- c 1 • membersnip—
time being shall constitute a quorum for the transaction oi business ; how tiiied-
but in case the number of members shall at any time be less than tEdutfesietc.
four, the whole number of existing members shall be required to
192 Chapter LXXXII. [1873.
constitute a quorum. In case of the death, removal from Hamp-
stead, resignation, or other inability to act, of any member of said
corporation other than the pastor of the before mentioned society,
the remaining members shall by ballot elect some inhabitant of said
Ilampslead to fill the vacancy. Said corporation shall elect a clerk,
who shall be sworn to the faithful discharge of his duties, and shall
keep a full record of all the doings of the corporation, and also a
treasurer, who shall give bond with sufficient sureties for the safe
keeping of the funds of the corporation. No member of the corpo-
ration shall receive any compensation for his services. The school
established and maintained by said corporation shall be at all times
subject to the visitation and examination of the school committee
of Hampstead, and of any school commissioner of the state. The
members of said corporation shall elect one of their own number
as president, who, whenever present, shall preside at all meetings
of the corporation. In his absence, a president pro tempore shall
be chosen to preside at any meeting.
First meeting- Sect. 4. Johu Ordway, Tristram Little, and William C. Little,
" ""'' "*" or any two of them, may call the first meeting of said corporation,
by giving written or personal notice of the time, place, and objects
thereof to each of the other members two days at least prior thereto,
at which meeting, or any adjournment thereof, the time and place
of the annual meeting and the mode of calling future meetings may
be determined, by-laws may be adopted, and any other business re-
lating to the organization or interests of the corporation may be
transacted.
Act subject to Sect. 5. Tliis act shall be subject to such amendments as the
amen men . legislature may deem expedient.
Act takes effect Sect, 6. This act sliall take effect upon its passage.
on its passage. ^^^^^^^^^^ j^^^^^ 20, 1873.]
how called, etc.
CHAPTER LXXXII.
AN ACT IN ADDITION TO AN ACT TO INCORPORATE THE HOWARD BENEVO-
LENT SOCIETY AT PORTSMOUTH.
Section
1. Howard Benevolent Society authorized to
take and hold real estate.
Section
2. Act subject to repeal.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Ho^^ai^dBener. SECTION 1. That the Howard Benevolent Society at Portsmouth
authorized to may take and hold, for the purpose specified in their act of incor-
reaf estate. ° poratiou, real and personal estate to any amount not exceeding one
hundred thousand dollars, anything in the act of incorporation to
the contrary notwithstanding.
Act subject to Sect. 2. This act, and the act of which the same is an amendment,
repeal. ^^^^^^ ^^ ^^^ timcs bc subjcct to alteration, amendment, or repeal by
the general court.
[Approved June 27, 1873.]
1873.]
Chapter LXXXIII.
193
CHAPTER LXXXIII
AN ACT TO INCORPORATE THE LACONIA MANUFACTURING COMPANY.
Section
1. Corporation established.
2. Its powers delined.
3. Capital stock.
Section
4. Meetings and officers.
5. Subject to repeal.
6. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Section 1. Isaac Taylor, Eugene II. Sampson, Gayton P. Loring, ^^^^^l^^^^^
Robert M. Bailey, Benjamin J. Cole, George W. Stevens, and Richard
Gove, their associates, successors, and assigns, are hereby incor-
porated and made a body politic and corporate by the name of the
Laconia Manufacturing Company, with all the powers and privileges
and subject to all the liabilities incident to corporations of a similar
nature.
Sect. 2. Said corporation is authorized and empowered to com- its powers de-
mence, establish, and carry on the business of manufacturing fabrics
of cotton and wool, or either of them, and the necessary machinery
therefor, together with such otiier branches of manufacture as from
time to time may be necessarily or conveniently connected there-
with, in the towns of Laconia and Gilford in the county of Bel-
knap, or in either of said towns ; and for that purpose may acquire,
hold, manage, and alienate the mills, machinery, and other property
of the Belknap Mills corporation, and such other real and personal
estate as may be deemed advisable, not exceeding in value the sum
of five hundred thousand dollars in the whole. The mortgagees
and other creditors of said Belknap Mills may take and hold stock
in said corporation to the amount of the value of their respective
claims.
Sect. 3. The capital stock of said corporation shall consist of such capital stock.
sum as the corporation may determine, not exceeding five hundred
thousand dollars, and shall be divided into shares of one hundred
dollars each. And any of said shares may be issued by said cor-
poration to the vendors of any of the mills, machinery, or other
property now owned by the Belknap Mills, or of any of the claims
of the mortgagees or other creditors of said Belknap Mills, in such
amount as shall be mutually agreed upon by said corporation and
said vendors, respectively, in payment for said property or claims,
and the capital of said corporation, to the extent of the amount of
the shares of stock so issued, shall, to all intents and purposes, be
deemed and taken to have been paid in by the conveyance and
assignment to said corporation of the property and claims so pur-
chased, and the stock so issued shall not be liable to any further
assessment by reason of the same not having been paid in in cash.
Sect. 4. Either of the corporators named in this act may call the Meeting and
first meeting of said corporation, by giving written or personal no-
tice of the time, place, and objects thereof, to each of the other cor-
porators, three days at least prior thereto ; at which meeting, or
any adjournment thereof, or any subsequent meeting duly holden,
all necessary officers may be chosen and their duties prescribed,
194 Chapter LXXXIY. [1873.
by-laws be adopted, and such other business be transacted as will best
promote the success of the corporation.
Subject to re- Sect. 5. The legislature may alter, amend, or repeal this act, or
any of its provisions, whenever in their opinion the public good
requires it.
Act takes effect Sect, 6. Tliis act shall take cffcct upon its passage.
on its passage. j-^^p.^VCd Juue 20, 1873.]
CHAPTER LXXXIV.
AN ACT IN AID OF THE NASHUA, ACTON & BOSTON EAILROAD.
Section
1. Equipment of railroad provided for by
issue of personal bonds of managers, se-
cured by mortgage of rolling stock.
2. Schedule of rolling stock to be filed with
trustee of bondliolders.
Section
3. Meetings of bondholders— how called and
held.
4. Act takes effect on its passage.
Be it enacted hy the Senate and House of Hepresetitatives in General
Court convened :
Equipment of SECTION 1. That for the purpose of furnishing the necessary equip-
edfof by issue' mciits for the Nashua, Acton & Boston Railroad, the personal bonds
bLKTmana^ ^^ Edward H. Spalding, John C. Moulton, Henry Parkinson, and
gers,securedby Beniamin Sauudcrs, managers of said railroad, duly executed and
roiiin'g stock, issucd, liaviug thereon the certificate of Cornelius V. Dearborn
that such bond is issued in conformity with this act, payable to said
Dearborn as trustee of the holder, or bearer, with interest at a rate
not exceeding eight per cent, per annum, shall be valid and binding
upon the signers thereof, and shall be negotiable to the same extent
QS their negotiable promissory notes : provided, that tlie amount of
bonds so issued shall not exceed two hundred thousand dollars, nor
seventy-five per cent, of the value of the rolling stock furnished for the
use of said railroad by the signers of said bonds ; and provided fur-
ther, that said Spalding, Moulton, Parkinson, and Saunders, shall,
before the issue of any of said bonds, execute and deliver to said
Dearborn, as said trustee, a mortgage of all the locomotive engines and
cars of every description owned by them at the time of executing said
mortgage and furnished for the use of said railroad, and of all other
locomotive engines and cars which may thereafter be furnished by them
for its use as security for the payment of the interest and principal
of said bonds according to their tenor, which mortgage, when de-
livered to said Dearborn and recorded in the record-book of mort-
gages of personal property, in the office of the city clerk of Nashua,
shall constitute a valid mortgage lien upon said engines and cars
there furnished, and upon such as may thereafter be furnished by
said signers for the use of said railroad, for the benefit of the hold-
ers of said bonds as against any attachment, claim, or lien made or
acquired, subsequent to the recording of said mortgage.
Schedule of Sect. 2. At the time of the delivery of said mortgage, the mort-
be me^d^wuh gagors shall deliver to said Dearborn a schedule of the engines and
1873.] Chapter LXXXY, 195
cars owned by tlicui, furuishcd for the use of said railroad, contain- {fo"^\?rs*'^''°"^'
ing a brief description thereof, so that the same may be identified,
and a like schcdnlc of all engines and cars thereafter furnished
by theni for the nsc of said railroad, within tiiirty days after the
same are furnished, which schedules shall be recorded in the
office of said city clerk, [and] shall at all times be o[)cn to the
inspection of any bondholders ; and if the mortgagors shall neglect
thus to furnish said schedules, the bonds issued by them shall be
payable forthwith, and payment thereof may be enforced by suit
against the signers, in the same manner as if the same were payable
on demand ; and in such suit, said engines and cars may be attached
in the same manner as if said mortgage had not been given.
Sect 3. Meetings of the holders of said bonds may be called and u^'^'^i''?f.?j***^,_
held, and like proceedings had at said meetings as provided in howcaii«d and
chapter CLI of the General Statutes, in the case of railroad mort- ^'^^'^'
gages, a{id said meetings and the proceedings thereof shall be sub-
ject to the provisions of that chapter so far as the same are applica-
ble ; and in case the interest or principal of said bonds is not paid
according to the tenor thereof, the trustee xnay, by vote of the
bondholders, be directed to enforce the mortgage lien for the benefit
of the bondholders in proportion to the amount due on their bonds.
Sect. 4, This act shall take effect upon its passaiije. Acttak-es effect
ri IT .T-T 1 o".! -, <2" Its passage.
j_ Approved June It, Ib^o.j
CHAPTER LXXXT.
AK ACT TO INCORPORATE THE HILLSKORO' MILLS.
Section ] Sectioh
■ 1. Corporation established — limitation of 3. Meetings, by-laws, officers,
powers. 4. Subject to repeal.
2. Business to be carried on— capital stock. | 5. Act takes effect on its passage.
Be it enacted hy the Senate ayid House of Representatives in Greneral
Court convened:
Section 1. That George Stark, Daniel Staniford, Josiah Gates, ^°XiJ'''i'^"i^^°"
Edward Spalding, Solomon Spalding, and VVm. W. Bailey, their itatiou of pow-
associates and successors, be, and they hereby are, incorporated and ^'"*'
made a body politic and corporate by the name of the Hillsboro'
Mills ; and by that name shall be and ai-e hereby invested with all
the powers and privileges, and made subject to all the liabilities, con-
tained in the laws of this state applicable to corporations of a sim-
ilar nature.
Sect. 2. Said corporation is hereby authorized to carry on the Business to be
manufacturing of cotton and woollen goods, and the usual branches capita stock.
of machinery necessary for carrying on the same in the town of
Milford in the county of Hillsborough, and may, for that purpose,
acquire, by purchase or otherwise, hold, enjoy, and convey such real
and personal estate as may be necessary or useful in conducting the
business of said corporation, not exceeding in value at any one time
196 Chapter LXXXVI. [1873.
the sum of five Imndred thousand dollars. The capital stock of
said corporation is not to exceed the sum of five liundred thousand
dollars, to be divided into shares of one hundred dollars each.
fawa'of ce^rs' ^^CT. 3. The Said Gcorge Stark, Daniel Staniford, Josiah Gates,
Edward Spalding, Solomon Spalding, and Wm. W. Bailey, or any
two of them, may call the first meeting of said corporation, to be
holden at any suitable time and place in said Milford, by posting up
notices stating the time and place of meeting at two or more pub-
lic places in said town, at which meeting, or at any adjournment
thereof, a clerk shall be chosen, and by-laws for the regulation and
government of said corporation, not inconsistent with the constitu-
tion and laws of this state, may be established, which by-laws may
be altered or amended at any future meeting of said corporation,
and may choose all necessary officers or agents for managing the
aflairs of said corporation, may agree upon the mode of calling future
meetings, and may do and transact any business necessary to carry
into effect the purposes of said corporation.
Subject to re- Sect. 4. The legislature may at any time alter, amend, or repeal
^^^ ■ this act, whenever in their opinion the public good requires.
Act takes effect Sect. 5. This act shall take effect from and after its passage.
on its passage. [Approvcd Juuc 27, 1873.]
CHAPTER LXXXVI.
AN ACT TO CHANGE THE NAME OF THE BAILEY MILLS.
Skctioit I Section
1. Name changed to Winnepesaukee Mills. I 2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Name changed SECTION 1. The Bailey Mills, a corporation duly established by
kee™!^"^^"' t^^e law of the state, approved July 5, 1867, shall from and after the
passage of this be called and known as the Winnepesaukee Mills.
Act takes effect Sect. 2. This act shall take effect upon its passage,
on its passage. j" Approved June 27, 1873.]
1873.]
Chapter LXXXVII.
197
CHAPTER LXXXVII.
AN ACT TO INCORl'ORATE THE EPl'ING SAVINGS BxVNK.
Section
1. Corporation constituted; its powers.
2. Lociition; deposits regulated.
S. Limitation as to real estate.
4. Limitation of membersliip; quorum; by-
laws.
Section
5. First mooting— liow called.
6. Subject to repeal.
7. Act takes effect on its passage.
. de-
posits regulat-
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Section 1. That Joseph C. Barley, B. W. Hoyt, W. R. Bunker, S*Zuutld"
H. B. Bumham, R. H. Smith, J. H. Stearns, Jolin II. Pike, John powers.
L. Folsom, David Stickney, C. H. Norris, W. N. Dow, John J.
Lane, William L. Plumer, J. E, Prescott, be, and they hereby are,
constituted a corporation by the name of Epping Savings Bank ; and
they, and such others as shall be duly elected members of said cor-
poration at the annual meeting thereof, according to such by-laws as
may be hereafter established, shall be and remain a body politic and
corporate by said name, fi'om the passage of this act, and sliall l)e
vested with all the powers and privileges, and subject to all the lia-
bilities of corporations of a similar nature.
Sect. 2. Said corporation shall be located in the town of Epping, ^^°,'^i^**°°
and shall be capable of receiving, from any person or persons dis- ca.
posed to enjoy the advantages of said bank, any deposit or dcposifs
of money, and to use, manage, and improve the same for the benefit
and best advantage of the person or persons by or for whom the
same shall be deposited respectively ; and the net income and profit
of all deposits of money secured by said corporation shall be paid
out and distributed in just proportion among the several persons l)y
and for whom the said deposits have been made ; and all such de-
posits may be withdrawn by the persons entitled thereto, at such
reasonable times and in such manner as said corporation in its by-
laws may direct and appoint, or according to such lawful conditions
and limitations as the depositors, agreeably to the regulations of
said corporation, may have respectively prescribed and annexed to
their deposits.
Sect. 3. Said corporation shall be capable of receiving and hold- Limit.=itio:
ing such buildings and real estate as shall be necessary and conven-
ient for managing their afl'airs, — provided that such real estate, licld
at any and all times for the purpose aforesaid, shall not exceed in
value, at the time of the purchase or acceptance thereof by said
corporation, the sum of five thousand dollars ; and the said corpora-
tion shall be further able to take, hold, and dispose of any real
estate whatever, which may be bona fide conveyed to or taken by
said corporation in satisfaction or discharge of debts, demands, or
liabilities which shall have been previously contracted or incurred.
Sect. 4. The number of members of said corporation shall not Limitation of
exceed fifty at any one time. Any number not less than seven shall ™uTum^^by-
constitute a quorum for the transaction of business at the annual ^'^^^•
and otlicr meetings of the members of the corporation, — provided
n as
[lie.
198
Chapter LXXXVIII.
[1873.
First meeting-
how called.
Subject to re-
peal.
Act takes effect
on its passage.
that such meeting shall have been duly notified in conformity to the
by-laws of said corporation. Said corporation shall have power to
make such by-laws as may be necessary and proper for the manage-
ment of the affairs of the institution, — provided, however, they are
not repugnant to the constitution and laws of the state.
Sect. 5. The three persons first named in this act, or any two of
them, are hereby autliorized to call the first meeting of said cor-
poration, by giving personal notice to the corporators herein named
of the time and place of said meeting, at least ten days before the
time of said meeting.
Sect. 6. The legislature may at any time alter, amend, or repeal
this act, whenever in their opinion the public good requires it.
Sect. 7. This act shall take eftect from and after its passage.
[Approved June 27, 1873.]
CHAPTER LXXXVIII
AN ACT TO INCORPORATE THE MANCHESTER TURNVEREIN AND GYMNASTlCAL
SCHOOL.
Section
1. Corporation established: its purpose and
powers.
2. May hold real estate.
Section
3. First meeting— how called.
4. Subject to repeal.
5. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Corporation es-
tablished: its
purpose and
powers.
May hold real
estate.
First meeting-
how called.
Subject to re-
peal.
Act takes effect
ou its passage.
Section 1. That Ferdinand Riedel, Robert Hoppe, Charles Nallgey,
Louis Hofifarth, and Edward Zeizel, their associates and successors,
are hereby constituted a body politic and corporate by the name of
tlie Manchester Turnverein and Gymnastical School, for the purpose
of promoting intellectual and physical culture, with all the powers
and privileges, and subject to all the duties, restrictions, and liabili-
ities by law incident to corporations of a similar nature.
Sect. 2. Said corporation may, for the purpose aforesaid, purchase
and hold real and personal estate to an amount not exceeding five
thousand dollars.
Sect. 3. The two persons first named in this act may call the
first meeting of the corporation by giving a personal notice to each
of the grantees named of the time and place of meeting, ten days
at least before such day of meeting.
Sect. 4. The legislature may at any time alter, amend, or repeal
this act, whenever in their opinion the public good requires it.
Sect. 5. This act shall take effect from its passage.
[Approved June 27, 1873.]
1873.]
Chaptees LXXXIX, XC.
199
CHAPTER LXXXIX.
AN ACT TO DISANNEX THE HOMESTEAD OF CHARLES C. HAYES, OF ROLLINS-
rOKD, FROM SCHOOL DISTRICT NUMBER FIVE, AND ANNEX THE SAME TO
SCHOOL DISTRICT NUMBER FOUR, IN SAID TOWN.
Section
1. Homestead disannexed from one district
and annexed to another.
Section
2, Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in G-eneral
Court convened :
Section 1. The homestead of Charles C. Hayes, of Rollinsford, ^CxeXm"
and the taxable property thereon, are hereby disannexed from school one strict and
district number five, and annexed to school district number four, in another,
said Rollinsford, for school purposes.
Sect. 2. This act shall take effect on its passage. onV<fn™f *
[Approved June 27, 1873.] ^ ^'
CHAPTER XC.
AN ACT TO INCORPORATE THE FOREST MILLS COMPANY.
Section
1. Corporation established: its powers.
2. Business to be carried on ; location ; limita-
tion as to real estate.
3. Capital stock.
Section
4. First meeting.
5. Subject to repeal.
6. Act takes effect on its passage.
Be it enacted hy the Senate and Souse of Beprese7Ltatives in G-eneral
Court convened:
Section 1. That Josiah G. Graves, Theodore H. Wood, John G. f^°';p°';^^"°°g^*-
Kimball, Alfred W. Snow, Gilman C. Shattuck, John B. Dane, pow'L^
Charles Hesselton, Benjamin F. Clark, John K. Hall, and Edward
Morse, their associates and successors, be, and they are, incorporated
and made a body corporate and politic by the name of the Forest
Mills Company, and by that name may sue and be sued, prosecute
and defend, to final judgment and execution, and be known and dis
tinguished in all their acts and proceedings, and shall be, and hereby
are, invested with all the powers and privileges, and made subject
to all the liabilities incident to corporations of a similar nature.
Sect. 2. That said corporation be authorized to carry on the man- Business to be
ufacturing of cotton and woollen goods, furniture, and the usual cation ; limua-
branches of machinery necessary for carrying on the same, and all t^°°^^s to real
articles that are usually made from wood, iron, steel, clay, wool,
cotton, silk, or flax, at Wilton in the county of Hillsborough, and
may purchase, hold, improve, or sell real estate to an amount not
exceeding one hundred and fifty thousand dollars.
Sect. 3. The capital stock of said corporation shall not exceed capital stock.
200
Chapteb XCI.
[1878.
First meeting
Subject to re-
peal.
Act takes effect
ou its passage.
two hundred thousand dollars, and be divided into shares of one
hundred dollars each.
Sect. 4. That any three of the persons above named may call the
first meeting of said corporation, to be holden at any suitable time
and place, by publishing a notice thereof in some newspaper pub-
lished in the county of Hillsborough aforesaid, seven days at least
[prior] thereto.
Sect. 5. The legislature may alter, amend, or repeal this act,
whenever in their opinion the public good shall require it.
Sect. 6. This act shall take effect from and after its passage.
[Approved June 27, 1873.]
CHAPTER XCI.
AN ACT RELATING TO SEWERAGE IN THE CITY OF CONCORD.
Section
1. City councils may establish sewerage pre-
cincts, and fix their boundaries ; sewers —
by whom constructed; expense thereof—
how paid; regulation as to entering.
Section
2. Expense of sewers heretofore laid to be re-
funded to land-owners who have been
assessed therefor.
3. Money received for entering sewers, to be
expended for sewerage purposes only.
4. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Greneral
Court convened :
City councils SECTION 1. The city couucils of the city of Concord shall have
^wyige^'pre- ^^^^^ powcr and authority by ordinance to establish from time to time,
cincts, and fix within the limits of said city, such number of sewerae-e precincts as
ries; sewers- they sliall judge ncccssary for the public convenience or the preser-
vation of the public health, and to fix the boundaries thereof, and
by whom con-
structed; ex
how paid'-'re^^ ^^^® samc to enlarge, modify, define, and alter, as the public interests
lation as to en- and the increasing population of said city may require ; and within
tering. ^^^^^ prccinct so established, the mayor and aldermen of said city
may lay, make, maintain, and repair all such main public drains or
common sewers as they may deem necessary for the public accom-
modation, or to preserve the health of the inhabitants, — all such
public drains or sewers to be the property of said city ; and the ex-
pense of making, maintaining, and repairing such public drains or
sewers shall be defrayed by taxation upon the taxable inhabitants
and property of such precinct, to be assessed and collected in the
same way and manner as is now by law provided for assessing and
collecting taxes within the gas precinct of said city. And said city
councils may, by ordinance, prescribe from time to time the terms
of entering said public drains or sewers by the sewers of private
individuals or corporations.
Expense of sew. Sect. 2. The cxpensc of all main drains or common sewers here-
fafd^tcT^be^re^ toforc coustructcd witliiu the limits of any precinct that may be
owner'l who"*^" established under the provisions of this act, so far as the same has
have been as- been defrayed by assessments collected from laud-owners benefited
ere or. ^^^ supposed to bc benefited thereby, shall be repaid to such land-
1873.] Chapter XCII. 201
owners in such sums as the board of mayor and aldermen may
deem equitable, by taxation upon the taxable inhabitants and
property of such precinct, to be assessed and collected in the man-
ner aforesaid : provided, however, that the principal only of such
collected assessments shall, in any case, be refunded to such land-
owners ; and provided further, that any person who has heretofore
entered any such main drain or common sewer by his private drain,
shall pay for that privilege, and the continuance thereof, such sum
as said board may determine to be just and equitable, which sum
shall be deducted from the assessment heretofore collected of such
person, if any, and the residue only of such assessment shall be
repaid to him.
Sect. 3. All sums received for entering; main public drains or Money rf;cpived
common sewers, hereafter constructed within any precinct estal> sewers to be ex-
lishcd by virtue of this act, or for entering such drains or sewers erag'e purposer
heretofore constructed, shall enure to the benefit of such precinct, o°'y-
and be expended in constructing, maintaining, and repairing main '
drains and common sewers within such precinct, and for no other
purpose.
Sect. 4. This act shall take effect upon its passage. oniuta^S"*
[Approved June 27, 1873.]
CHAPTER XCII.
AN ACT TO INCOEPOEATE THE SQUAMSCOTT SAVINGS BANK.
Section
1. Corporation constituted.
2. Location and duties as to deposits.
3. Limitation as to real estate.
4. Quorum; by-laws.
Section
5. First meeting.
6. Subject to repeaL
7. Act takes eflect on its passage.
Be it enacted hy the Senate and House of Representatives in Greneral
Court convened:
Section 1. That William Conner, Isaac S. Shute, Joseph Janvrin, corporation
William G. Perry, Ammi R. Wiggin, Asa B. Lamson, Nathaniel constituted.
Swasey, Charles Egan, Joseph W. Merrill, Joseph T. Porter, Jacob
Carlisle, George W. Furnald, Wells W. Healey, Frank B. Cram,
Peter G. Tilton, George C. Brown, John S. Cram, Benjamin P. La
Bree, Samuel Morrill, David Jewell, Frederic Robinson, Robert
Rowe, Ira Blake, William Rowe, Weare N. Shaw, Henry C. Tuck,
John A. Blake, Daniel C. Hook, Benning S. Scribner, Benjamin P.
Webster, Jonathan Robinson, Amos Paul, HoUis Pease, Obadiah
Dustin, Moses Marsh, James M. Sanborn, B. K. Webster, Nathaniel
E. Tuck, Warren Sanborn, Samuel Webster, Samuel E. Woodman,
Jesse P. Marshall, Amos C. Chase, Jonathan P. Robinson, John S.
Hobbs, Charles W. Healey, James E. Odell, Caleb Wiggin, and
Phineas Chase, be, and they hereby are, constituted a corporation by
the name of the Squamscott Savings Bank ; and they, and such others
as shall be duly elected members of said corporation at the annual
202 Chapter XCII. [18TS.
meeting-, according' to such by-laws as may be hereafter established,
or may become members in accordance with the provisions of said
by-laws, shall be and remain a body politic and corporate by said
name from the passage of this act, and shall be vested with all tho
powers and privileges, and subject to all the liabilities, of corpora-
tions of a similar nature.
Location and Sect. 2. Said corporation shall be located in the town of Exeter,
duties as ttt de- i i n i ^^ p • • r T
posits. and sliall be capable oi receivnig Irom any person or persons dis-
posed to enjoy the advantages of said bank any deposit or deposits
of money, and to use, manage, and improve the same for the benefit
and best advantage of the person or persons by or for whom the
same shall be deposited respectively ; and the net income and profit
of all deposits of money secured by said corporation shall be paid
out and distributed in just proportion among the several persons by
and for whom the said deposits have been made ; and all such de-
posits may be withdrawn by the persons entitled thereto, at such
reasonable times and in such manner as said corporation in its by-
laws may direct and appoint, or according to such lawful conditions
and limitations as the depositors, agreeably to the regulations of said
corporation, may have respectively prescribed and annexed to their
deposits.
Limitattenssto Sect. 3. Said Corporation shall be capable of receiving and hold-
lea es ate. -^^ g^^^jj ^uiidJiigs ai^(] j,gjji estate as shall be necessary and conven-
ient for managing their affairs : provided, that such real estate, held
at any and all times for the purpose aforesaid, shall not exceed in
value at the time of the purchase or acceptance thereof by said cor-
poration the sum of ten tliousand dollars ; and the said corporation
shall be further able to take, hold, and dispose of any real estate
whatever which may be conveyed to or taken by said corporation in
satisfaction or discharge of debts, demands, or liabilities which shall
have been previously contracted or incurred.
Quorum; by. Sect. 4. Any number not less than nine shall constitute a quorum
for the transaction of business at the annual and other meetings of
the members of the corporation, — provided that such meeting shall
have been duly notified in conformity to the by-laws of said corpo-
ration. Said corporation shall have power to make such by-laws as
may be necessary and proper for the management of the affairs of
the institution : provided, however, they are not repugnant to the
constitution and laws of the state.
First meeting. Sect. 5. The three persons first named in this act are hereby au-
thorized to call the first meeting of said corporation, by publishing
a notice of the time and place of said meeting in the JExeter Keivs
Letter at least ten days before the time of said meeting.
s^^j<?ct to re- Sect. 6. Tiie legislature may at any time alter, amend, or repeal
this act, whenever in their opinion the public good requires it.
Act takes effect Sect. 7. This act shall take eftect from its passage,
"" "* "''^''""' [Approved June 27, 1873.]
ou its passage.
1873.] Chapters XCIII, XCIV, XCV. 203
CHATTER XCIII.
AN ACT TO DISANNEX THE HOMESTEAD FARM OF GEORGE W. DAVIS FROM
SCHOOL DISTRICT No. IN NOTTINGHAM, AND ANNEX THE SAME TO DIS-
TRICT No. 5 IN SAID TOWN, FOR SCHOOL PURPOSES.
Section 1. Homestead farm disannexed from one district and annexed to another.
Be it enacted by the Senate and House of Representatives in General
Court convened:
Section 1. That the homestead farm of George W. Davis, ofHomestpad
■»T . , . , ^ T-. 1 ■ 1 11' ^ p f^"""! disannex-
Nottingham in the county of Kockingham, be uisannexed Irom ed from one dis-
school district No. 6 and annexed to district No. 5 in said town, for nexld^'lfanSth-
school purposes. ^^•
[Approved June 27, 1873.]
CHAPTER XCIY.
AN ACT TO DISANNEX THE HOMESTEAD OF DANIEL H. REED, OF FITZWIL-
LIAM, FROM DISTRICT NUMBER EIGHT, AND ANNEX THE SAME TO DIS-
TRICT NUMBER FIVE IN SAID FITZWILLIAM.
Section
1. Homestead disannexed from one district
and annexed to another.
Section
2. Act takes efiTect on its passage.
Be it enacted by the Senate and House of Jtiepresentatives in General
Court convened :
Section 1. The homestead of Daniel H. Reed, of Fitzwilliam, on ^*'jf'^|*^^f^o^'^"
which he now lives, called the "Tower place," and the taxable one district and
property thereon, are hereby disannexed from district number eight |nother^^°
and annexed to district number five in said Fitzwilliam, for school
purposes.
Sect. 2. This act shall take effect on its passage. onits^p^sl^f*
[Approved June 27, 1873.]
CHAPTER XCV.
AN ACT TO INCORPORATE THE SANDY LAKE WATER COMPANY.
Section
1. Corporation established.
2. Its purpose, location, and privileges.
Section
3. Powers and duties.
4. Act takes effect on its passage.
Be it enacted by the Senate and House of Representatives in General
Court convened:
Section 1. That Stillman S. Jackman, Henry Parkinson, William corporation es-
S. Weston, John A. Spalding, and James E. Balcom, their associ- **''^'*'^^''-
5
204
Chapter XCVI.
[1873.
Its purposps, lo-
cation, and
privileges.
Powers and du-
ties.
Act takes effect
on its passage.
ates, successors, and assigns, be, and they liereby are, made a body
corporate by the name of the Sandy Lake Water Company.
Sect. 2. That said corporation is hereby authorized and empow-
ered to construct, manage, and own suitable water-works, for the
purpose of supplying water for extinguishing fires, for the use of
the citizens, and for such other purposes as water may be required,
in that part of the city of Nashua situated upon and south of Hollis
street; and for that purpose may take, purchase, and hold real es-
tate, not exceeding in value the sum of sixty thousand dollars, and
may erect, construct, and maintain such dams, reservoirs, and build-
ings as may be necessary for said water-works, dig ditches, break
up ground in the highways and streets of said city, place and main-
tain pipes therein for conducting water, and relay and change the
same from time to time, due regard being paid to the safety of the
citizens and the security of the public travel ; and is hereby author-
ized to make such contracts, establish such tolls, and charge such
rents for the use of water as shall be deemed reasonable.
Sect. 3. Said corporation shall be subject to all the liabilities,
duties, powers, and privileges incident to corporations of a similar
nature.
Sect. 4. This act shall take effect from and after its passage.
[Approved June 27, 1873.]
CHAPTER XCVI.
AN ACT TO INCORPORATE THE LADIES' HU3IANE SOCIETY OF PORTSMOUTH.
Section
1. Corporation constituted.
2. Its purpose.
3. Limitation as to real estate.
Section
4. First meeting — how called.
5. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Corporation
constituted.
Its purpose.
Limitation as to
real estate.
First meeting-
how called.
Section 1, That Sarah Hooper, Elvira H. Mendum, Mary R. Ly-
man, and others, who at present are members of a voluntary society
under the name of the Ladies' Humane Society, with their associ-
ates and successors, be, and hereby are, made a body corporate by
the name of the Ladies' Humane Society, and by that name may
sue and be sued, prosecute and defend, to final judgment and execu-
tion, and are hereby vested with all the powers, privileges, and
immunities, and subject to all the liabilities incident to a corporation
of like nature.
Sect. 2. Said corporation is empowered to furnish clothing for
the needy and destitute, either by purchase, or by the manufacture
from materials purchased by them.
Sect. 3. Said corporation may hold and possess real or personal
property, not exceeding five thousand dollars in value, and shall be
located at Portsmouth in said state.
Sect. 4. Sarah Hooper, Elvira H. Mendum, and Mary R. Lyman,
or any two of them, are authorized to call the first meeting of said
1873.] Chapters XCVII, XCVIII. 205
corporation, by notice published in any newspaper printed in said
Portsmouth, tl>e last publication being at least one week previous to
said meeting.
Sect. 5. Tliis act shall take effect on its passage. ouU^JalslJe
[Approved June 27, 1873.]
CHAPTER XCVII.
AN ACT RELATING TO SCHOOL DISTRICTS NUMBERED TWO AND SEVEN, IN
THE TOWN OF JAFFREY.
SECTiOisr
1. School districts authorized to procure ap-
paratus.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Section 1. Districts numbered two and seven, in the town of Jaf- school districts
frey, are hereby authorized to raise money, and expend the same to procure%pa^a-
furnish apparatus for the Conant High School in said districts. *'^*-
Sect. 2. This act shall take effect on its passage. Act takes effect
P . J y .T7 1 o"o T t- o . on Its passage.
[Approved June 27, 18/3.]
CHAPTER XCVIII.
AN ACT IN AMENDMENT OF AN ACT ENTITLED "AN ACT TO INCORPORATE THE
PITTSFIELD AQUEDUCT COMPANY," PASSED JUNE SESSION, 18TO.
Section
1. Capital stock increased.
2. Stockholders may issue limited amount of
bonds.
Section
3. Repealing clause.
4. Act takes effect on its passage.
Be it enacted by the Senate and House of Representatives in General
Court convened :
Section 1. That the second section of the act to incorporate the capital stock
Pittsfield Aqueduct Company, approved July second, one thousand i"*^''^*'**^-
eight hundred and seventy, be amended by striking out the words
" twenty-five" before the word " thousand," and inserting instead
thereof the word fifty, so that the said section shall read, — The
capital stock of said corporation shall consist of such number of
shares, not exceeding fifty dollars each, as may be from time to
time determined by the directors of said corporation, not exceed-
ing in the whole the sum of fifty thousand dollars.
Sect. 2. That the stockholders, by a majority vote, have a right to stockholders
issue bonds upon the stock not exceeding in amount twenty thou- ™d*£unt'of""
sand dollars, of such denomination as they may deem expedient. ^°°"^^-
Sect. 3. All acts or part of acts inconsistent with this act are Repealing
hereby repealed. clause.
Sect. 4. This act shall take effect upon its passage. Act takes effect
[Approved June 27, 1873.] °" "' p'^"^"'
206
Chapters XCIX, C.
[1873.
CHAPTER XCIX.
AN ACT TO AUTHORIZE THE TORTSMOUTH, GREAT FALLS, AKD CONWAY RAIL-
ROAD TO CONNECT WITH THE P0RTS3I0UTH AND DOVER RAILROAD.
Section
1. Connection with another road authorized.
2. Powers and duties.
I Section
3. Act in force five years, anS takes effect ob
I its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Powers and du-
ties.
Connection SECTION 1. Tlie Portsmoiitli, Great Falls, and Conway Railroad
road author- is hereby authorized and empowered to locate and construct, and
^^^^' thereafter maintain and operate, a railroad from any point on the
line of their present road in the town of Somersworth, through said
town of Somersworth and the towns of Rollinsford and Dover,
either or all of them, to a point on the Portsmouth and Dover Rail-
road, at or near the termination thereof in said Dover, and so as to
connect therewith, and for that purpose is hereby authorized and
empowered to increase its capital stock the amount of two hundred
thousand dollars.
Sect. 2. Said corporation shall have and enjoy all the same rights,
powers, and privileges, with regard to the laying out and construc-
tion of said new road, the establishment and collection of tolls on
passengers and freight transported thereon, the erection of station-
houses and other necessary buildings, and in all other respects what-
soever, which by its act of incorporation were granted to it, or which
by law it now has with reference to its present road, and shall be
subject to all the same liabilities, duties, and restrictions, except as
herein provided.
Ac^nnfon;efive Sect. 3. This act shall be void as to all that part of said new
effect'on its road not constructed and completed within five years from the pas-
passage, ^^^^ hereof; and this act shall take effect on its passage.
[Approved June 27, 1873.]
CHAPTER C.
AN ACT TO INCORPORATE THE MOUNT WASHINGTON LODGE OF FREE MASOSfS,
Section
1. Corporation constituted.' powers and duties.
2. Limitation as to property.
3. First meeting.
Section
4. Subject to repeal.
5. Act takes effect on Its passage.
Be it enacted hy the Senate and House of Bepreseritatives in Qeneral
Court convened:
StitSed" Section 1. That Arthur L. Meserve, Samuel D. Thompson,
powers and du Georgc F. BostoH, Edwiu C. Stokes, William C. Eastman, William
^'^"^ Bragdon, and Joseph Dinsmore, their associates, successors, and
assigns, be, and hereby are, made a body politic and corporate,
1873.] Chapter CI- 207
under the name of the Mount Washington Lodge of Free Masons,
for chantal)le and benevolent purposes ; and said corporation may-
be designated by that name, sue and be sued, defend and be de-
fended, have and use a common seal, and establish all ])y-laws and
regulations which may be necessary to carry out the purposes of
this act, and [shall be vested with] all the powers and privileges,
and be subject to all the liabilities by law incident to corporations
of a similar nature.
Sect. 2. Said corporation may purchase, take, and hold, by deed. Limitation as
gift, l)equest, devise, or otlierwise, real and personal estate for the °P'"^P°'"y-
purpose of said corporation, to an amount not exceeding ten thou-
sand dollars, and may improve, use, sell, and convey, or otherwise
dispose of the same at pleasure.
Se€t. 3. Said Arthur L. Meserve and Samuel D. Thompson are Hrst meeting
authorized to call the first meeting of the members of said corpora-
tion at such time and place as they shall see fit, within thirty days
after passage of this act, by publication in the Granite State News.
Sect. 4. The legislature may at any time amend or repeal this subject to re-
charter, whenever the public good may require it.
Sect. 5. This act shall take effect on its passage. f„'^-f!*^o':'f'''f *
'■ '-' on Its passage.
[Approved June 27, 1873.] ^
HAPTER CI.
AN ACT TO INCORPORATE THE ROCHESTER GAS-LIGHT COMPANY.
SECTIOI!!
1. Name and powers of corporation,
2. Its purpose and capital stock.
3. Restriction of rights.
Section
4. Meetings, by-laws, officers.
5. Charter subject to legislative control.
6. Aet takes effect on its passage.
JBe it enacted by the Senate and Souse of Representatives in General
Court convened:
Section 1. That Charles S. Whitehouse, Ebenezer G. Wallace, Name and pow-
Albert W. Hayes, Franklin McDuffee, Henry W. Locke, Betton W. ^^;j^°/ '=°'"p°''^-
Sargent, Charles B. Gafney, J. Thorn Dodge, Stephen D. Went-
worth, William Rand, John Legro, Charles W. Polsom, and Arthur
D. Whitehouse, their associates and successors, are hereby consti-
tuted a body politic and corporate by the name of the Rochester
Gas-Light Company, and are hereby vested with all the privileges,
and subject to all the restrictions and liabilities, by law incident to
corporations of a similar nature.
Sect. 2. The said corporation is authorized to hold all such real and its purpose and
personal estate as may be necessary and proper to enable them to ''^p'*^^ ***"'^-
carry on the manufacture, distribution, and sale of gas, for the pur-
pose of lighting the streets, stores, shops, and other buildings in
the town of Rochester, and to erect such buildings and works, and
to construct such furnaces, purifiers, reservoirs, gas-holders, and
other appliances as may be requisite and proper for said purposes :
provided, the whole amount of capital stock of said company shall
208
Chapter CII.
[1873.
Kestriction of
rights.
Meeting
laws, ofi
icers.
Charter subject
to legislative
control.
Act talies effect
on its passage.
not exceed forty thousand dollars, which stock shall be divided into
shares of not more than one hundred dollars each.
Sect. 3. Said corporation shall have the right to lay gas pipes in
any of the public highways in the town of Rochester and county of
Strafford, the consent of the selectmen of said town having first
been obtained therefor, and to relay and repair the same as circum-
stances may require.
Sect. 4. Chas. S. Whitehouse, Ebenezer G. Wallace, and Albert W.
Hayes, or either two of them, may call the first meeting of said cor-
poration, by publishing notice thereof in some newspaper published
in the county of Strafford ten days at least before the day of meet-
ing, at which meeting, or any subsequent one duly called, by-laws
may be adopted, and all necessary officers chosen for managing the
affairs of said corporation.
Sect. 5. The legislature may at any time alter, amend, or repeal
this act, whenever in their opinion the public good requires it.
Sect. 6. This act shall take effect on and after its passage.
[Approved June 21, 1873.]
CHAPTER CII.
AN ACT IN AMENDMENT OF AN ACT ENTITLED "AN ACT TO ESTABLISH A FIRE
DISTRICT IN PITTSFIELD," PASSED JUNE SESSION, ONE THOUSAND EIGHT
HUNDRED AND SEVENTY.
Sectioij
1. Limits of fire district extended.
2. Repealing clause.
Section
3. Act takes effect on its
J3e it enacted hy the Senate and House of Representatives in General
Court convened:
Limits of fire
district extend- SECTION 1. That the secoud scctioH of the "Act to establish a
fire district in Pittsfield," passed June session, one thousand eight
hundred and seventy, be, and is hereby, repealed, and instead
thereof the following be inserted :
Be it enacted that that portion of Pittsfield village lying west of
Suncook river may be included in said fire district if the selectmen
shall deem it expedient, and that the boundaries of said fire district
be fixed by the selectmen of the town.
Act takes effect Sect. 2. All acts or part of acts inconsistent with this act ars;
on its passage, hereby repealed.
Sect. 3. This act shall take effect upon its passage*
[Approved June 28, 1873.]
Repealing
clause.
1873.]
Chapter CIII.
209
CHAPTER CIII
AN ACT TO IXCOIirORATE THE MECHANICS HALL ASSOCIATION OF NEW
LONDON.
Section
1. Name and powers of corporation.
2. Its purpose.
3. Meetings, by-laws, officers.
Section
4. Subject to repeal, etc.
6. Act takes effect on its passage. !
Be it enacted hy the Senate and House of Representatives in Greneral
Court convened :
Section 1, That George E. Sliepard, Richard 0. Messer, Charles Name and pow
C. Phillips, J. Sherman Phillips, Charles Folsom, Nahum T. Green- uon!' *^°''^'''''
wood, Lutlier McCutchins, James H. Burpee, Austin W. Messer,
Almon B. Whittier, Edwin A. Jones, Francis E. Chase, Colby,
Nichols & Co., Green Johnson & Son, and Edgar L. Wheeler, their
associates, successors, and assigns, he, and hereby are, made a body
politic and corporate, by the name of Mechanics Hall Association
of New London, and by that name may sue and be sued, prosecute
and defend, to final judgment and execution, in any court of law or
equity, and shall be, and hereby are, vested with all the rights and
privileges, and subject to all the liabilities, incident to corporations
of a similar nature.
Sect. 2. Said corporation is hereby empowered to establish, erect, its purpose.
and maintain a public building called Mechanics Hall, in Scythe-
ville, New London, county of Merrimack, and for that purpose may
take, acquire, and hold, by gift, bequest, or otherwise, real and per-
sonal estate to an amount not exceeding ten thousand dollars.
Sect. 3. Said corporation may, at any meeting duly notified and ^iee*in?s, by-
holden, make such regulations and by-laws not repugnant to the
laws and constitution of this state, for the management of the
interests and concerns of said corporation, and may appoint such
and so many officers and agents as they may think proper, and pre-
scribe their powers and duties.
Sect. 4. The legislature may at any time alter, amend, or repeal
this charter, whenever in their opinion the public good shall re-
quire it.
Sect. 5. This act shall take effect from and after its passage.
[Approved June 28, 1873.]
Subject to re-
peal, etc.
Act tabes eflV ct
on its passage.
210
Chapter CIV.
[1873.
CHAPTER CIV.
AN ACT AUTHORIZING THE CITY OF NASHUA TO CONSTRUCT WATER-WORKS.
Section
1. Nashua may construct and maintain, and
purchase or take existing water-works.
2. If parties cannot agree on the terms of
transfer of existing water-works, mode of
transfer prescribed.
3. Damages to be assessed by county commis-
sioners.
Section
4. Board of water commissioners to be ap-
pointed: their term of office, compensa-
tion, and duties.
5. City may levy taxes, borrow money, and
issue bonds to pay expense of works.
6. Act takes eflfeot on its adoption by city
councils.
Nashua may
construct and
maintain, and
purchase or
take existing
water- works.
If parties can-
not agree on
the terms of
transfer of ex-
isting water-
works, mode of
transfer pre-
scribed.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Section 1. The city of Nashua is hereby authorized to construct,
maintain, and manage works for supplying the compact part of said
city with water for extinguishing fires, and for other uses for which
water may be required, and for that purpose may purchase, take,
and hold all real estate required therefor, and may erect and main-
tain such dams, reservoirs, buildings, and other structures as may
be necessary therefor, and may dig trenches and break up ground
in highways, streets, and other public places, and lay and maintain
pipes for conducting water therein, and relay and change the same
from time to time, having due regard in the prosecution of said
work to the safety and convenience of the public travel : provided,
however, that said city shall not proceed under the authority of this
act to construct new works for the purpose herein contemplated un-
til the city shall have purchased of the corporation known as the"
Pennichuck Water-works all the real estate, water-rights, dams,
reservoirs, and other structures, steam engines, force-pumps, pipes,
and other fixtures of said corporation and constituting their water-
works, at a price to be agreed upon or determined by the parties, or
until the said city, in case the said purchase cannot be effected by
agreement of the parties, shall have taken the same under the au-
thority of this act, and paid or secured the damages for taking the
same as hereinafter provided ; and when the said estate, rights, and
property of the said Pennichuck Water-works shall have been pur-
chased or taken, and the damages tlierefor paid or secured by said
city, as hereinafter provided, the said estate, rights, and property, so
purchased or taken, shall be vested in said city, and be held and
managed as a part of the water-works of the city, in the same man-
ner and to the same extent as if the same had been originally con-
structed under the authority of this act.
Sect. 2. It shall be lawful for the said corporation, known as the
Pennichuck Water-works, to sell and convey, and for the said city
to purchase and take a conveyance of the real estate, rights, and
property aforesaid of said corporation, and of all their corporate
franchises, powers, and privileges under their charter, so far as the
same are necessary to be conveyed for the use and enjoyment by
the city under such conveyance of the estate, rights, and property
aforesaid, to the same extent and in the same manner as the same
may be used and enjoyed by said corporation under its charter ;
but if the same cannot be purchased by the city upon reasdable
1873.] Chapter CIV. 211
terms, tlicn it shall be lawful for said city to take and hold said
estate, rights, property, fraiicliises, powers, and privileges, for the
purposes of this act, and so far as may be necessary for said pur-
poses, in manner following: that is to say, — the said city shall apjjly,
by petition, to any two justices of the supreme judicial court for the
appointment of a committee of three competent and disinterested
persons to assess the damages to said corporation for the estate,
rights, and property so taken, and the said justices, upon notice to
and a hearing of the parties, shall appoint such committee, and cer-
tify under their hands said appointment to each of said committee,
designating therein the person to act as chairman. The said com-
mittee, upon reasonable notice to the parties, shall make examina-
tion of the estate, rights, and property aforesaid, and hear the
parties ; and if, in the opinion of the committee, any of the estate,
rights, and property aforesaid are necessary to be taken by said city
for the purposes of this act, they shall estimate and assess the dam-
ages to said corporation for taking the same, and as soon as may be
make report and award of said assessment under their hands, or the
hands of a majority of them, to the said justices. They sliall set
forth in said report, with reasonable certainty, a description by
metes and bounds or other particular description of the estate, riglits,
and property, for taking which the damages are assessed, and shall
determine and set forth in said report the time or times for the pay-
ment of said damages and the security to be given for such payment.
Tlie said justices, on notice to and a hearing of the parties, may ac-
cept said report, or for cause reject or recommit the same, and if
recommitted, they shall certify to the committee the grounds or
causes for recommitment, and a further hearing may be had before
the committee, upon due notice to the parties, for the purpose of
removing, if it may be, said grounds or causes. If the report is
accepted by said justices, whether without or upon a recommitment,
it shall be filed in the office of the city clerk of said city, with the
certificate of said justices thereon that it is accepted by them ; and
upon payment or tender by the city to said corporation of the dam-
ages s6 assessed, or of the securities for the payment thereof agree-
ably to said report, the said estate, rights, and property so described
in said report, and for taking which said damages are assessed,
shall vest in and be held by said city.
Sect. 3. If, in the opinion of the board of water commissioners. Damages to be
to be appointed as hereinafter provided, the city shall not be able to corfnty'cominis-
obtain other lands or water-riglits on reasonable terms necessary for sioj^ers.
said works, or for any enlargement or improvement thereof, includ-
ing the right to lay, maintain, and relay pipes where required, the
said board of water commissioners, in the name and behalf of the city,
may apply to the county commissioners for the assessment of dam-
ages to the owners of such lands or rights ; and if it shall appear
to the county commissioners, on notice to the parties and a hearing
of all interested, tliat any lands, rights of water, or rights to lay
and maintain pipes, are necessary for the purposes of this act, and
cannot be purchased on reasonable terms, they shall assess the
damages to the owners for their lands and rights taken and ad-
judged by them to be required for said works, and shall make and
file, in the office of tlie city clerk of said city, as soon as may be,
their award in writing of the damage so assessed, describing by
212
Chapter CV.
[1873.
Board of water
commissioners
to be appoint-
ed : their term
of office, com-
pensation, and
duties.
City may levy
taxes, borrow
money, and is-
sue bonds to
pay expense
of works.
Act takes effect
on its adoption
by city councils.
metes and bounds, or otherwise describing with reasonable certainty,
the land or right for taking which the damages are awarded ; and
upon payment or tender to the owner of the damages so assessed, the
land or right, to the extent described or defined in said award, shall
vest in and may be held and used by the city, and the owner shall
have the same right of appeal for an increase of damages as is pro-
vided by law in the case of land taken for a highway by action of
the county commissioners.
Sect. 4. For the more convenient management of said works, a
board of water commissioners, to consist of tliree persons, shall be
appointed by the mayor and aldermen of said city, to hold their
office, after the first appointment, for the term of three years, — one
to go out of office on the 31st day of December in each year next
after the first appointment. The three first appointed shall deter-
mine by lot the term for which each shall hold his office. The said
commissioners shall be sworn to the faithful discharge of their du-
ties, and shall receive such compensation for their services as the
city councils may from time to time prescribe. They shall have
the control and management of the construction of said works ;
shall make or authorize all contracts in behalf of the city in relation
thereto ; shall direct and superintend the improvements and en-
largements of the works ; shall manage the works when constructed,
establish tolls and rates, and prescribe rules and regulations for the
use of the water, and in all things exercise a general superintend-
ence over said works, botli in the construction thereof, and in the
management and use of the same when constructed.
Sect. 5. The said city is authorized to levy taxes to defray the
expense of said works, and to hire money not exceeding in tlie
whole the sum of four hundred thousand dollars, and to issue
therefor the notes, bonds, or other obligations of the city, payable
at such times and on such interest as the city councils, at any legal
meeting, may determine ; and such notes, bonds, or other obliga-
tions shall be valid and binding on tlie city.
Sect. 6. This act shall take effect when adopted by the city coun-
cils of said city by tlie passage of a joint resolution to that effect.
[Approved June 28, 1873.]
CHAPTER CV.
AN ACT TO CHANGE THE NAIME OF THE MERRIMACK NORMAL INSTITUTE.
Section
1. Name of institution changed.
2. Repealing clause.
Section
3. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Sn changed SECTION 1. That the educational institution in the town of Merri-
ange . .^^^^^^ incorporated in one thousand eight hundred and forty-nine
1873.] Chapter CVI. 213
by the name of the Merrimack Normal Institute, shall take the
name of the McGaw Normal Institute, and shall ever hereafter be
known by such name.
Sect. 2. All acts and parts of acts inconsistent herewith are Repealing
hereby repealed.
Sect. 3. This act shall take effect from and after its passage. Act takes effect
[Approved July 1, 1873.] '"^ ''' p"^*«*-
CHAPTER CVI.
AK ACT ENTITLED AN ACT TO DISANNEX CERTAIN TRACTS OF LAND, OWNED
BY CHARLES E. MOSiiS AND OTHERS, FROM SCHOOL DISTRICT No. 7 IN
THE TOWN OF COLUMBIA, AND ANNEX THE SAME TO SCHOOL DISTRICT
No. 8 IN COLEBROOK, FOR SCHOOL PURPOSES.
Section
1. Tracts of land disannexed from one dis-
trict and annexed to another.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General >
Court convened:
Section 1. That so much of lots numbered 13 in ranges 1 and Tracts of land
2, as is now owned by Charles E. Moses ; so much of lots numbered from onTdis-
11 in ranges 1 and 2, as is now owned by Geo. Fairman ; so much nexed toanotii-
of lot numbered 11 in range 1, as is now owned by William C. ^^•
Douse; so much of lots numbered 11 in ranges 1 and 2, and of lot
numbered 12 in range 1, as is now owned by Asa Merrill & Sons ;
so much of lot numbered 13 in range 1, as is now owned by Harvey
McAllaster ; so much of lots numbered 14 in ranges 1 and 2, as is
now owned by Alvin Arlin ; and so much of lots numbered 12 and
13 in range 1, as is now owned by William Fairman, all of which
said tracts of land are situated in Columbia, be disannexed from
school district No. 7 in Columbia, and annexed to school district
No. 8 in Colebrook, for school purposes.
Sect. 2. This act shall take efiect on its passage. Act takes eflffect
[Approved July 1, 1873.] °' "^ ^"^^"
214
Chapters CVII, CVIII.
[1873.
CHAPTER CVII.
AN ACT TO RATIFY AND CONFIRM THE DOINGS OF THE LEBANON CENTRE VIL-
LAGE FIRE PRECINCT.
Section
1. Fire precinct legalized : its powers and du-
ties.
Section
2. Precinct authorized to confirm its previous
acts.
3. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Cou7't convened :
Fire precinct SECTION 1. TliG Lebaiioii Centre Village Fire Precinct is hereby
po^e'rs^ and du- recognizecl and declared to be a fire precinct, duly organized under
*'*^' the laws of the state, with all the powers and privileges incident to
Precinct au-
thorized to con-
firm its previ-
ous acts.
Act takes effect
CD its passage.
such organizations.
Sect. 2. The Lebanon Centre Village Fire Precinct, as now exist-
ing and organized, is hereby authorized and empowered, at any
meeting of said precinct duly notified and holden, to ratify and con-
firm any votes heretofore passed by said precinct; and any action
heretofore taken by said precinct, and any acts of the officers and
agents of said precinct heretofore done and performed in pursuance
of any vote or action of said precinct, and all such votes, actions,
and acts, when so ratified and confirmed, shall be valid, legal, and
binding upon said precinct and upon the inhabitants and property
thereof.
Sect. 3. This act shall take effect upon its passage.
[Approved July 1, 1873.]
CHAPTER CVIII.
AN ACT IN AMENDMENT OF THE CHARTER OF THE CITY OF MANCHESTER.
Section
1. Manchester authorized to aid in erecting
a hospital, and provide for its manage-
ment.
Section
2. Act takes effect on its passage.
Be it enacted ly the Senate and House of Representatives in Gfeneral
Court convened:
Manchester SECTION 1. The city of Manchester may aid, by the appropriation
tm^n"lrectfng of laii^ fo^ ^ sitc, aud othcrwisc, in the founding, erecting, and
a hospital and suDDort of a hospital witliiu the limits of said city, and appoint a
provide for Its t'f n x j. •£• j t j • i i p j.i
management, board 01 trustccs or managers, it deemed advisable, tor the manage-
ment and government of the same, to be designated in such manner
and for such a term as the city council may ordain, and make all
by-laws, rules, and regulations pertaining thereto, which the city
council may deem expedient.
Sect. 2. This act shall take effect upon and after its passage.
[Approved July 1,1873.]
Act takes effect
on its passage.
1873.]
Chapters CIX, CX.
215
CHAPTER CIX.
AN
ACT TO LEGALIZE CERTAIN DOINGS OF SCHOOL DISTRICT No.
SOMERSWORTH.
3 IN
Section
1. Action of school district legalized.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Cieneral
Court convened : "
Section 1. That chapter six hundred and thh-ty-one of the laws Action of
of oiie thousand eight hundred and fortj'-eight, entitled " An Act i^^^^u^ed ^*'^"^'
relating to school district No. three in Somcrsworth," approved
June nineteen, one thousand eight hundred and forty-eiglit, is, so
far as said district i^ concerned, in full force and unrepealed ; and
all acts and doings of said district, so far as they depend for validity
upon said act, are hereby declared legal and binding.
Sect. 2. This act shall take effect upon its passage. Act takes effect
[Approved July 1, 1873.]
on its passage.
CHAPTER CX.
AN ACT TO INCORPORATE THE SAWYER WOOLLEN MILLS.
Section
1. Corporation constituted : its powers.
2. Its purpose and location; property limita-
tion.
3. Capital stock.
Section
4. First meeting.
5. Subject to statute restrictions.
6. Act takes effect on its passage, and subject
to repeal.
Be it enacted hy the Senate and House of Representatives in Gfeneral
Court convened:
Section 1. That Francis A. Sawyer, of Boston, county of Suffolk, corporation
and commonwealth of Massachusetts, and Jonathan Sawyer and powers" ^
Charles H. Sawyer, of Dover, county of Strafford, and state of New
Hampshire, their associates, successors, and assigns, be, and hereby
are, incorporated and made a body politic by the name of the Saw-
yer Woollen Mills, and by that name may sue and be sued, prose-
cute and defend, to final judgment and execution, and shall be, and
hereby are, vested with all the powers and privileges, and subject to
all the liabilities incident to corporations of a similar nature.
Sect. 2. Said corporation is hereby authorized and empowered to its purpose and
commence, establish, and carry on the business of manufacturing e?ty*nmita^tion'
all goods and clothing which may be made in whole or in part of
wool, cotton, silk, linen, or any other materials which may be
wrought into yarns, woven or felted fabrics, — also the business of
making machinery, together with such other branches of manufac-
ture as from time to time may be necessarily or conveniently con-
nected therewith, on or near the Bellamy Bank river in the city of
Dover, and the towns of Madbury and Barrington in the county of
216
Chapter CXI.
[1873.
Strafford, — and for these purposes may build and maintain dams
across said Bellamy Bank river, in the above named city and tovs^ns,
also build and maintain all such flumes, penstocks, canals, and build-
ings as the objects of this act may require ; and may acquire and
hold, or alienate, real and personal estate to an amount not exceed-
ing one million of dollars.
Capital stock. Sect. 3. The Capital stock of said corporation shall consist of
such sum as said corporation shall determine, not exceeding the
sum of one million of dollars, to be divided into shares of one hun-
dred dollars each.
First meeting. Sect. 4. Either of the corporators named in this act may call the
first meeting of said corporation, by giving personal notice to each
of the other corporators three days previous to the meeting, — at which
meeting, or any subsequent meeting duly holden, all proper officers
may be chosen, and their duties prescribed, and by-laws adopted,
and all such other business done, and all such other regulations
made, as may be meet and proper.
Subject to Stat- Sect. 5. This act shall be subject to all the provisions and restric-
ute restrictions, ^-^j^g ^f ^|^g l^y^s of tliis State in relation to corporations.
Act takes effect Sect. 6. This act sliall take effect and be in force from and after
and*sublecuo its passage, and may be altered, amended, or repealed, whenever the
repeal. public good shall require.
[Approved July 1, 1873.]
CHAPTER CXI.
AN ACT TO tNCORfORATE THE WILMOT AND KEARSARGE ROAD COMPANY,
Section
1. Corporation constituted: its powers.
2. May build a road: termini thereof fixed.
3. Damages for land taken— how assessed.
4. Capital stock of the corporation: its officers
and their duties,
6. May erect toll-gates and collect tolls.
Section
6. Meetings, directors, by-laws.
7. Time for building road limited.
8. Corporation authorized to own buildings.
9. Charter under control of legislature.
10. Act takes effect on its passage.
J3e it enacted by the Senate and Souse of Representatives in General
Court convened:
Corporation
constituted: its
powers.
May build a
road : termini
thereof fixed.
Section 1. That John Proctor, John M. Shirley, John C. Morri-
son, John S. Thompson, and Jacob B. Rand, their associates, suc-
cessors, and assigns, are hereby incorporated and made a body
corporate and politic by the name of the VVilmot and Kearsarge
Road Company, and by that name may sue and be sued, and have
and enjoy all the privileges and powers, and be subject to all the
restrictions and limitations, which by law are incident to corpora-
tions of a similar nature.
Sect. 2. Said corporation is hereby empowered to lay out, make,
and keep in repair, a road leading from some point on the northerly
side of Kearsarge mountain deemed most favorable, to the top of
said mountain, by such route and in such direction as is most prac-
1873.] Chapter CXI. 217
ticable ; said road to begin, liowcvcr, at the Winslow House in the
town of Wihnot, and thence to the summit of Kearsarge mountain.
Sect. 3. If said corporation sliall not be able to agree with tlie Damages for
owners of any land over which said road may be laid out upon the ho"w L8ses"ed.
amount of damages to be paid therefor, or if said cori)orati(>ii can-
not agree with such owner upon a committee to assess such damages,
either party, or, if the owner is unknown, said corporation, may
apply by petition to the supreme judicial court for the county in
which such land may be situated, and said court, after due notice to
the parties, shall refer the same to the county commissioners for
said county, who shall, upon due notice, assess damages, and rcj)ort
the same to said court, — and judgment upon said report shall he
final and conclusive between the parties ; and said corporation shall
not, however, enter on any land to construct said road until the
damages assessed to the owners thereof shall have been paid or
tendered, except in cases mentioned in the fifth section of the sixty-
fourth chapter of the General Statutes, and no person shall be enti-
tled to an action for such damages until after such entry has been
made on his land.
Sect. 4. The capital stock of said corporation shall consist of capital stock of
such a number of shares as may be determined by the directors, tfon'lTtso'iii'cers
not exceeding in par value one hundred dollars each, and the whole and their du-
capital stock shall not exceed lifteen thousand dollars, and no
assessment shall be made upon any share to a greater amount than
the sum at which the par value or price of each share shall have
been fixed as aforesaid ; and the immediate direction and govern-
ment of said corporation shall be vested in five directors, who shall
be chosen by the stockholders, or members hereinafter provided,
and shall hold their office until others arc duly elected and qualified
in their stead ; and said directors, a majority of whom shall form
a quorum for the transaction of business, shall elect one of their
number to be president of the board and of the corporation ; and
said directors shall elect a clerk, who shall also be clerk of the cor-
poration, and who shall be sworn to the faithful discharge of the
duties of his office ; and they shall also choose a treasurer, who
shall give bonds in a sum not less than five thousand dollars for the
faithful discharge of his trust; and they shall also choose such
other officers and servants as may from time to time be necessary,
and fix their salaries.
Sect. 5. Said corporation may build and own toll-houses or other May erect toi!-
buildings, and such real estate as is necessary for the purposes of fe^cuoliiy!*'*^'"
its creation, and may erect and maintain gates across said road ;
and the directors shall appoint toll-gatherers, if necessary, to collect
the rates and tolls provided by this act, which toll-gatherers shall
have authority to stop any persons passing through said gates until
they have paid the rates and tolls which are hereby established,
namely : For each single horse, with or without rider, passing over
said road, ten cents ; for horse and carriage of any kind, twenty
cents ; for two horses in carriage of any kind, twenty-five cents ;
for four horses with carriage of any kind, forty cents ; for every
other carriage of pleasure, or team for business or otherwise, the
like sums, according to the number of horses or animals drawing
the same. And if any person, with his carriage, horse or horses,
or other team or animals, shall turn off from said road to pass the
218 Chapter CXII. [1873.
gates of said corporation with a view to avoid the payment of the
tolls required by tliis act, such persons shall forfeit and pay to the
use of the company three times the amount which the legal tolls
would be, upon complaint of any toll-gatherer of said corporation,
made before any justice of the peace within the county where the
oft'ence is committed.
Meetings, di- Sect. 6. The annual meeting of the members or stockholders of
roctors uv*
laws. ' the corporation shall be held on the day prescribed in the by-laws,
at Wilmot, at which meeting the directors shall be chosen by ballot.
The directors may call special meetings of the stockholders when-
ever they shall deem it expedient, by giving such notice thereof as
the by-laws may direct. Any three of the persons named in this
act may call the first meeting of the corporation, by a notice in any
one of the newspapers published in Concord at least fourteen days
before said meeting, at which meeting the members or stockholders
may choose the directors of said corporation, shall provide for the
mode of calling future meetings, and at such time, or at any sub-
sequent meeting duly called for the purpose, may establish such
by- laws, not inconsistent with the constitution and laws of the state,
as may be necessary for the regulation and government of the cor-
poration, and for carrying into effect its provisions.
Time for build- Sect. 7. In casc Said road is not completed and fit for use to the
ing roa iiu- g^^^j^^j^ ^f Kcarsargc mountain, or to a point as near the summit as
is practicable, within six years from the first day of July next, this
act shall become void ; and all the provisions of this act shall apply
for the security and benefit of the corporation whenever any portion
of the road is completed and put in use.
Corporation Sect. 8. Said Corporation may erect and maintain, lease and dis-
authorized to ^ ,.,,.' i •^ ^• ^ ' ^ t jy i • i_
own buildings, posc 01, any buildiiig or buildings which may be found convenient
for the accommodation of their business, and of the horses, carriages,
and travellers passing over said road.
Charter under Sect. 9. Tlic legislature may at any time alter, amend, or repeal
control of leffis- •/ •/ / / l
lature. this act, whciiever they may deem it necessary.
Act takes efTect Sect. 10. This act sliall take effect upon its passage.
[Approved July 1, 1873.]
authorized to
own buildings
Charter under
control of legis-
lature.
Act takes efTec
on its passage.
CHAPTER CXII.
AN ACT IN ADDITION TO THE ACT ENTITLED "AN ACT TO INCORPOKATE ST. PAUL'S
SCHOOL."
Section 1. Corporation may own property not exceeding 8500,000.
Be it enacted hy the Senate and House of Representatives in Qeneral
Court conve?ied :
Corporation SECTION 1. That St. Paul's scliool may acquire, by gift or other-
may own prop* . 11T 1 11.J'- 1
ertynotex- wisc, and may hold real or personal estate not exceeding in value
hundred thou- fivc huiidrcd tliousaiid dollars.
[Approved July 1, 1873.]
sand dollars.
1873.]
Chapters CXIII, CXIV.
219
CHAPTER CXIII.
AN ACT RELATING TO THE PORTSMOUTH AND DOVER RAILROAD.
Section
1. Railroad autborizcd to erect wharves.
2. Damages for private rights invaded.
Section
3. Act takes efTect on its passage.
Be it enacted hy the Senate and House of Representatives in G-eneral
Court convened:
Section 1. The Portsmouth and Dover Railroad, or any railroad Railroad au-
,,,.,. , , . ^. ' , ./, tlionzed to
With which it may have business connections, may build one or erect wharves,
more wharves from its own land on Nol)le's island in Portsmouth,
purchased or taken under the appraisal of the railroad commission-
ers for this purpose, into the Piscataqua river, a sufficient distance
for the convenient lading and unlading of vessels, not exceeding
three hundred feet from low water mark, and may construct branch
railroad tracks to and upon said wharves.
Sect. 2. Compensation shall be made to all persons whose private ^^^^^fjl^^i '^hts
property or rights may be taken or injured under this act, in the Fnvaded"^
same manner as is provided by the laws of this state in case of
lands taken by railroads.
Sect. 3. This act shall be in force from its passage. Act takes effect
[Approved July 2, 1873.]
CHAPTER CXIV.
AN ACT TO INCORPORATE THE WILTON COMPANY.
Section
1. Corporation established : its powers.
2. Its purpose and location; limitation as to
real estate.
3. Capital stock.
Section
4. First meeting ; by-laws.
5. Act subject to repeal, and takes effect on its
passage.
Be it enacted hy the Senate and House of Representatives in Greneral
Court convened:
Section 1. That William "W. Bailey, Elbridge G. "Woodman, and corporation es-
Charles II. Burns, their associates, successors, and assigns, shall be, powers,
and they hereby are, constituted a corporation by the name of the
Wilton Company, and shall be, and hereby are, vested with all the
privileges and powers which by law are incident to manufacturing
corporations.
Sect. 2. Said corporation is hereby authorized to carry on the its purpose and
manufacture of cotton, woollen, and other goods, and manufacture, tati^on'astoreai
as may be usefully carried on by said corporation, at Wilton, in the ^^^^^^"
county of Hillsborough ; and may erect such mills, dams, works,
machines, and buildings as may be necessary for carrying on the
same ; and may purchase, hold, improve, or sell real estate to an
amount not exceeding two hundred thousand dollars.
220
Chapter CXV.
[1873.
Capital stock.
First meeting;
by-laws.
Act subject to
repeal, and
takes effect on
its passage.
Sect. 3. The capital stock of said corporation shall not exceed
three hundred thousand dollars, and be divided into shares of one
hundred dollars each.
Sect. 4. Any two of said grantees may call the first meeting of
said corporation by giving, or cause to be given, to each of said
grantees, at least six days before the day of meeting, a notice in
writing of the time and place of meeting, at which meeting, or at
any subsequent meeting, all necessary by-laws for the regulation of
the affairs of said corporation may be made, not inconsistent with
the laws of this state.
Sect. 5. The legislature may at any time alter, amend, or repeal
this act, whenever in their opinion the public good may require it ;
and this act shall take effect from and after its passage.
[Approved July 2, 1873.]
CHAPTER CXV.
AN ACT TO INCOEPOKATE THE BAR ASSOCIATION OF THE STATE OF NEW
HAMPSHIRE.
Section
1. Corporation constituted : its purpose.
2. Its powers, and limitation as to real estate.
3. Constitution, by-laws, etc.
4. Member ceasing to be such, his interest in
property to rest in corporation.
Sectioh
5. First meeting — how called.
6. Subject to legislative control.
7. Act takes eiTect on its passage.
Be it enacted hy the Senate and House of Representatives in Qeneral
Court convened:
Corporation
constituted: its
purpose.
Its powers, and
limitation as to
real estate.
Section 1. That Ira Perley, Harry Bingham, William P. Wheel-
er, Charles H. Bell, William Barrett, A. P. Carpenter, Edward D.
Rand, John J. Bell, John H. George, Mason W. Tappan, James F.
Briggs, John Farr, Asa Fowler, Henry Haywood, A. S. Wait, Os-
sian Ray, Austin F. Pike, John Y. Mugridge, F. A. Faulkner, Ed-
ward Farrar, Wm. M. Chase, C. W. Stanley, A. F. Stevens, John
M. Shirley, their associates and successors, are hereby made a body
corporate by the name of The Bar Association of the State of New
Hampshire, for the purpose of maintaining the honor and dignity of
the profession of the law, and cultivating social relations among its
members, and increasing its usefulness in promoting the due admin-
istration of justice.
Sect. 2. Said association by that name may sue and be sued, pros-
ecute and defend, to final judgment and execution, and shall have
full power to take and acquire and hold real and personal estate to
an amount not exceeding five hundred thousand dollars, by lease,
purchase, donation, or otherwise, for the purpose of establishing in
said state a library, buildings with furniture therefor, for the use
and benefit of said association. Said corporation may l3orrow mon-
ey for such purposes, and issue bonds therefor, and secure the same
by mortgage or otherwise ; and may sell and convey or otherwise
dispose of such real and personal estate as shall be necessary for
1873.] Chapter CXVI. 221
obtaining the objects and carrying into cfiect the purposes of such
association.
Sect. 3. Such corporation may make and adopt a constitution, by- conBtitution,
laws, rules, and regulations for the admission, government, suspen- '^y-'*"'^' ^*<^-
sion, or expulsion of its members, the collection of fees and dues,
the numljer and election of its officers, to define their duties, provide
for the safe keeping of its property and the management of its af-
fairs, and may from time to time alter and amend the same.
Sect. 4. All interest of any member in the property of said cor- llZh'uoChi"^^
poration shall terminate and vest in such corporation upon his ceas- interest in prop.
r , 1 rtiiii -J- 1 • *rty to vest in
ing to be a member thereof by death, resignation, expulsion, or corporation.
otherwise.
Sect. 5. Any three of the grantees specially named in this char- K*cTnld.°^~
ter may call the first meeting of said corporation, by giving at least
ten days' notice, printed or written, to the rest of such grantees,
through the mail or otherwise.
Sect. 6. The legislature may at any time alter, amend, or repeal fa"RfcontrT'
this act.
Sect. 7. This act shall take effect on its passage. ^nUs^Sagf^
[Approved July 2, 1873.]
CHAPTER CXYI
AN ACT TO ENABLE THE MOUNT WASHINGTON HOTEL COMPANY TO FUND ITS
DEBT.
SECTIOIf
1. Company authorized to issue bonds and
mortgage its real estate.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Represeyitatives in General
Court convened:
Section 1. The Mount Washington Hotel Company, — a corpora- company au-
tion duly established by the laws of the state of New Hampshire, suebondsand
and doing business at Carroll in the county of Coos, — is hereby au- ^ai 'Is^afe!**
thorized and empowered, at any legal meeting of its stockholders,
duly notified and held for that purpose within one year from tlie
passage of this act, to fund its debt by issuing coupons and bonds in
common form, secured by a mortgage of its real estate in said Car-
roll, and payable at such times and with such rates of interest as
said corporation may determine.
Sect. 2. This act shall take eflfect on its passage. Act takes effect
[Approved July 2, 1873.]
OQO
Chapters CXYII, CXVIII.
[1873.
CHAPTER CXYII.
AN ACT TO EEVIVE THE CHARTER OF THE KIARSARGE SUMMIT ROAD
COMPANY.
Section
1. Charter revived.
2. Time of building road limited.
Section
3. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Greneral
Court convened:
Charter re-
vived.
Time of build-
ing road lim-
ited.
Act takes effect
on its passage.
Section 1. The act entitled "An act to incorporate the Kiarsarge
Summit Road Company," passed June session, one thousand eight
hundred and sixty-four, shall be, and the same hereby is, revived,
and shall be in force.
Sect, 2. Section seven of said act shall be so amended that the
construction of said road shall be completed within four years from
the first day of August next.
Sect. 3. This act shall be in force after its passage.
[Approved July 2, 1873.]
CHAPTER CXVIII.
AN ACT TO INCORPORATE THE SACO AND SWIFT RIVER TURNPIKE COMPANY.
Section
1. Corporation constituted: its powers.
2. Authorized to construct a turnpike.
3. Capital stock.
4. To erect toll-gates and collect tolls.
5. Five directors to be chosen.
Corporation
constituted : its
powers.
Authorized to
construct a
turnpike.
Capital stock.
Section
6. Annual and special meetings.
7. First meeting.
• 8. Charter subject to alteration or repeal.
9. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Section 1. That Frank George, Henry M. Rideout, Sanford E.
Whitten, George G. Luey, Horatio N. Jose, Arthur L. Meserve, and
Weston F. Millikin, their associates, successors, and assigns, are
hereby made a body corporate by the name of the Saco and Swift
River Turnpike Company, and by that name may sue and be sued,
and have and enjoy all the privileges and powers, and be subject to
all the duties and liabilities, by law incident to corporations of a
similar nature.
Sect. 2. Said corporation is hereby empowered to lay out, make,
and keep in repair a road from such a point as may be selected by it,
on the White Mountain Notch Road, so-called, in Bartlett, by such
route as may be deemed best to such a point on the main road in
Albany as may be deemed advisable.
Sect. 3. The capital stock of said corporation shall consist of such
a number of shares, of not exceeding one hundred dollars each, in
par value, as may be determined by said corporation : provided, how-
ever, that the whole capital stock shall not exceed ten thousand
dollars.
1873.]
Chapter CKIX.
223
Sect. 4. Said corporation may build and hold toll-lioiises and to erect toii-
other real estate proper for the purpose of its creation, erect and feet toTi's. ^° '
maintain gates across said road ; and the directors thereof shall ap-
point such toll-gatherers as may be necessary to collect the tolls,
who shall have authority to stop any persons and teams passing over
said road until they have })aid the tolls thereon. And the directors
of said corporation shall have authority from time to time to direct
and establish such reasonable rates and tolls as they may think
proper, — subject at all times to alteration by the legislature.
Sect, 5. The immediate government of said corporation shall be Five directors
vested in five directors, to be chosen by the stockholders as herein- *° "^^ °'^°^^"-
after provided, and to hold their office until others are duly elected
in their stead. And said directors, a majority of whom shall con-
stitute a quorum for the transaction of business, shall appoint such
other officers and agents as may be necessary and proper for the
purposes of said corporation.
Sect. 6. The annual meeting of said corporation shall be holden Annual and
on such day and at such place in this state as the by-laws may pre- iugs!^^ ^^^^'
scribe, or as the directors for the time being shall appoint, at which
meeting the directors shall be chosen by ballot ; and the directors
may call special meetings at any time, giving such notice as the by-
laws may direct.
Sect. 7. Any three of the persons named in this act may call the First meeting,
first meeting of said corporation, by giving public notice thereof in
Bartlett at least one week previous thereto ; and at said meeting
directors may be chosen and such other business done as may be
thought proper.
Sect. 8. The legislature may at any time alter, amend, or repeal charter subject
this act. rep'ear^""'' °'
Sect. 9. This act shall take effect on its passage. Act takes effect
[Approved July 2, 1873.] on its passage.
CHAPTER CXIX
AN ACT TO INCOEPORATE THE PEOPLE'S SAVINGS BANK.
Section
1. Corporation constituted and located: its
powers.
2. Duties as to deposits.
3. Regulation as to real estate.
4. Not to issue bills ; compensation of officers.
Section
5. By-laws, etc.
6. Books open to inspection, etc.
7. First meeting.
8. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Section 1. That Person C. Cheney, William Killey, Lewis Simons, ^°^^t°[„"^°
David H. Young, Nehemiah S. Bean, Nathaniel W. Cumner, Abra- loc'atedVits*'^
ham P. Olzendam, John B. Yarick, E. M. Tubbs, Samuel D. Lord, p"^^'""''
David E. Varney, Ira Cross, Atherton W. Quint, George Foster,
Elijah M. Topliff, Henry M. Putney, Charles Williams, and James
F. Briggs, be, and hereby are, constituted a body corporate by the
224
Chaptee CXIX.
[1873.
Duties as to de-
posits.
Regulation as
to real estate.
Not to issue
bills; compen-
sation of offi-
cers.
By-laws, etc.
Books open to
inspection, etc.
First meeting.
Act takes effect
on its passage.
name of the People's Savings Bank, which bank shall be located in
the city of Manchester ; and they, and such otlier persons as shall
be duly elected and admitted members of said corporation at regu-
lar meetings thereof, according to such by-laws as shall hereafter be
established, shall be and remain a body corporate by said name, and
are and shall be invested with all the powers, rights, and privileges,
and subject to all the duties and liabilities, which are or may be in-
cident to corporations of like nature by the laws of this state.
Sect. 2. Said corporation may receive from any person or persons
any deposit or deposits of money, and may use, manage, and im-
prove the same for the benefit of the depositors, in such manner as
shall be convenient or necessary for the security and profitable in-
vestment thereof; and all deposits may be withdrawn and the net
income or profit of the deposits divided at such reasonable times,
and in such manner and proportion, and subject to such equitable
rules and regulations, as such corporation shall from time to time
prescribe, agreeably to the laws of the state.
Sect. 3. Said corporation may take and hold such real estate as
may be convenient in transacting the business thereof, not exceeding
twenty thousand dollars in value at one time ; and said corporation
may take and hold and dispose of such real estate as may in good
faith be received by it by way of security or payment for loans made
by it, or for any debts, demands, or liabilities which may be owing
or accrue to said corporation.
Sect. 4. Said corporation shall not issue any bill or promissory
note to circulate as currency, nor shall the members or officers of
said corporation receive any profit or emolument from said bank :
provided, however, that a reasonable compensation may from time
to time be paid to the treasurer of said corporation for services ac-
tually rendered.
Sect. 5. Said corporation may from time to time make such
needful by-laws, rules, and regulations for its government and the
management of its business as shall not be inconsistent with this
act and the laws of the state.
Sect. 6. The books and accounts of this corporation shall at all
times be open to inspection to the governor and council, the bank
commissioners, or any officer appointed by either branch of the
legislature for that purpose, and the legislature may at any time
alter, amend, or repeal this act.
Sect. 7. Person C. Cheney, William Killey, and Lewis Simons,
or any two of them, may call the first meeting of this corporation
at such time and place and in such manner as they may think
proper.
Sect. 8. This act shall take effect from and after its passage.
[Approved July 2, 1873.J
1873.]
Chapters CXX, CXXI.
225
CHAPTER CXX.
AN ACT IN ADDITION TO AND AMENDMENT OF "AN ACT RELATING TO THE
SCHOOLS OF THE CITY OF POllTSMOUTH," APPROA'ED JULY 7, 1866.
Skotion
1. Both eexes to attend the same school.
2. Verbal amendment.
Section
3. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Creneral
Court convened :
Section 1. Section six of said act is amended by striking out the Both.^exesto
third line, and inserting the words one high school, so that the ^hToi. ^^*™®
whole section shall read, — There shall be kept and maintained, in
the city of Portsmouth, in addition to the schools of a lower grade,
at least one high school, in which shall be taught all the branches
usually taught in an English grammar school, with such additional
branches as the city may direct.
Sect. 2. Section twelve is amended by striking out the word verbal amend-
" schools " in the first and fourth lines, and inserting tlie words ™^'^*'
school or schools.
Sect. 3. This act shall take effect on its passage. Act takes effect
r- . ^ T -, ^ - ^-^^ -. r o on its passage.
[Approved July 2, 1873.]
CHAPTER CXXI.
AN ACT TO ENABLE THE PORTSMOUTH GAS COMPANY TO EXTEND THEIE
WHARF FURTHER INTO PISCATAQUA RIVER.
Section
1. Gas. company authorized to extend its
wharf.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Section 1. That the Portsmouth Gas Company be, and they are Gas company
hereby, empowered to extend their wharf in the city of Portsmouth extend'us^ ***
easterly further into Piscataqua river ten feet on the northerly line of ^'^*'■^•
their boundary, and on the northerly [southerly] boundary, commenc-
ing at the corner of the present wharf, and running northerly at an
angle of forty-five degrees with the face of the present wharf thirty-five
feet, thence in a direct line to the above projected northern boundary.
Sect. 5. This act shall take effect from and after its passage. Act takes effect
[Approved July 2, 1873.] ^ onits passage.
226
Chapters CXXII, CXXIII.
[1873.
CHAPTER CXXII.
A'N ACT IN AMENDMENT OF "AN ACT TO AUTHORIZE THE CONSTRUCTION OF A
BRIDGE OVER LITTLE HARBOR RIVER IN THE COUNTY OF ROCKINGHAM,
AND TO GIVE ADDITIONAL POWER TO THE COUNTY COMMISSIONERS IN RE-
GARD TO THE SAME," PASSED JULY THIRD, ONE THOUSAND EIGHT HUNDRED
AND SEVENTY-TWO.
Section 1. Proviso requiring concurrent vote of towns repealed.
Be it enacted hy the Senate a7id House of Representatives in General
Court convened :
Proviso requir-
ing concurrent
vote of towns
repealed.
Section 1. The proviso in section one of said act, requiring that
the towns of Rje and Newcastle shall, by a vote of a majority of
the legal voters of each town, at legal meetings severally called for
that purpose, determine that it is expedient to erect and maintain
said bridge, is hereby repealed.
[Approved July 2, 1873.]
CHAPTER CXXIII
AN ACT TO INCORPORATE THE CONWAY LAND AND LUMBER COMPANY.
Section
1. Corporation constituted : its powers.
2. Capital stock.
3. Property limitation, etc.
Section
4. First meeting ; bj'-laws; officers.
5. Act subject to repeal, etc.
6. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Corporation SECTION 1. That John G. Sanbom, Otis Warren, William H. Allen,
powers!*^^' "^Daniel C. Bartlett, and Charles A. Broton, their associates, succes-
sors, and assigns, be, and they hereby are, made a corporation by the
name of the Conway Land and Lumber Company, and by that name
may sue and be sued, prosecute and defend, to final judgment and
execution, and shall be, and hereby are, invested with all the powers
and privileges, and subject to all the liabilities, incident to similar
corporations.
Sect. 2. The capital stock of said corporation shall not be less
than fifty thousand dollars, nor more than two hundred and fifty
thousand dollars, divided into shares of one hundred dollars each.
Sect. 3. The corporation may acquire and hold real and personal
estate not exceeding the amount of capital stock, and may erect
any buildings, fixtures, or privileges which they may deem expe-
dient, and may build mills and operate the same, and engage in car-
rying on every description of manufacturing business not prohibited
by the laws of the state.
Sect, 4. Any two of the covporators are hereby empowered to call
the first meeting of said corporation, by giving three days' prior notice
to the other corporators, at which, or any future meeting, such by-
Capital stock.
Property limi
tatiou, etc.
First meeting;
by-laws J offi-
cers.
1873.] Chapter CXXIV. 227
laws, rules, and regulations, not repugnant to tlie constitution or
laws of this state, may bo adopted, such odiccrs chosen, and all such
other matters and things done and transacted as may be necessary
to the organization of said corporation and its future operations, for
the full enjoyment of tlie rights and privileges hereby granted.
Sect. 5. The legislature may at any time alter, amend, or repeal Actsubjeotto
this act, whenever in their opinion the public good requires it. "^^^ ' ^ °'
Sect. 6. This act shall take effect from its passage. Act takes effect
-1 T 1 /^ -.^^.r. -1 1 o on its passage.
[Approved July 2, 1873.]
CHAPTER CXXIV.
AN ACT TO INCORPORATE THE ST. PATRICK'S BENEVOLENT SOCIETY IN CON-
CORD.
Section
3. Act subject to repeal, and takes effect on its
Section
1. Corporation constituted: its purpose, pow-
ers, and property.
2. First meeting.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Section 1. That William Lynch, Michael Kelleher, Michael H. corporation
Donovan, Daniel E. Barry, Dennis Sweeney, Daniel B. Donovan, purpose, poW-
Oliver J. Pelren, Christopher Jordon, William Keen, Patrick Cleary, ^jsa^^d prop-
Patrick Bolger, Daniel J. Murphy, John D. Lynch, Daniel Donovan,
John Sheehan, George McLear, and Jeremiah Sweeney, their asso-
ciates, successors, and assigns, be, and hereby are, created a body
corporate and politic by the name of the St. Patrick's Benevolent
Society in Concord, for such charitable and benevolent purposes
as the corporation may designate ; and by that name may sue and
be sued, prosecute and defend, to final judgment and execution, and
shall be, and hereby is, invested with all the powers and privileges,
and made subject to all the liabilities, of corporations of a similar
nature ; and may take and hold real and personal estate, by dona-
tion, bequest, or otherwise, for the purpose of said corporation, to
an amount not exceeding twenty-five thousand dollars, and the same
sell, convey, or otherwise dispose of at pleasure.
Sect. 2. The first five persons above named, or any three of them, First meeting.
may call the first meeting of said corporation by giving notice to
each of the persons named in this act, or by one publication in some
daily newspaper published in said Concord seven days at least prior
to said meeting.
Sect. 3. The legislature may alter, amend, or repeal this act at Act subject to
their pleasure, and the act shall take eft'ect upon its passage. takis effect on
[Approved July 2, 1873.] its passage.
228
Chapters CXXV, CXXVII.
[187S*
CHAPTER CXXY.
AN ACT IN AMENDMENT OF AN ACT ENTITLED " AN ACT TO INCORPOKATE A
NUMBER OF THE INHABITANTS OF THE TOWN OF MILFORD AND OTHER
TOWNS ADJACENT, IN THE COUNTY OF HILLSBOROUGH, INTO A RELIGIOUS
SOCIETY BY THE NAME OF THE FIRST BAPTIST SOCIETY IN MILFORD," AP-
PROVED JUNE 17, 1813.
Section
1. Admission of members regulated.
2. Repealing clause.
Section
3. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Creneral
Court convened:
Admission of
members regu-
lated.
Repealing
clause.
Act takes effect
on its passage.
Section 1. That section 2d of said act may be made to read as
follows : That any person belonging to the First Baptist Church in
said Milford, of the age of twenty-one years and upwards, upon ap-
plication to the clerk of said society, may become a member of said
society from the date of the record of such application ; and any
person not a member of said Baptist church, and of the age afore-
said, making a written application to the clerk of said society, may
become a member thereof by a vote of two thirds of the members
voting upon such application at any legal meeting at which such ap-
plication shall be acted on.
Sect. 2. All acts and parts of acts inconsistent herewith are
hereby repealed.
Sect. 3. This act shall take effect from and after its passage.
[Approved July 2, 1873.]
CHAPTER CXXYI.
AN ACT IN AMENDMENT OF AN ACT ENTITLED " AN ACT TO INCORPORATE THE
HEDDING CAMP MEETING ASSOCIATION OF THE METHODIST EPISCOPAL
CHURCH," PASSED JUNE SESSION, ONE THOUSAND EIGHT HUNDRED AND
SIXTY-THREE.
Section , Section
1. Property limited, and exempted from taxa- 2. Act takes effect on its passage,
tion. I
Be it enacted hy the Senate and House of Representatives in Creneral
Court convened :
Property limit- SECTION 1. That the Hcdding Camp Meeting Association may
ed fromTa^^?** take and hold real and personal estate, by deed, donation, bequest,
tion, Qj, otherwise, for the purposes of said corporation, to an amount not
exceeding ten thousand dollars, instead of five thousand dollars as
now provided for in the original act of incorporation, and may sell,
convey, or otherwise dispose of the same at pleasure ; and the said
real and personal estate so held by said corporation shall be exempt
from taxation.
Act takes effect Sect. 2. This act shall take effect upon its passage,
onits passage. ["Approved July 2, 1873.]
1873.] Chaptebs CXXVII, CXXVIII. 229
CHAPTER CXXVII.
AN ACT TO ENABLE THE TOWN OF ROLLINSFORD TO PAY A BOUNTY TO CER-
TAIN VOLUNTEERS.
Section 1. Town authorized to pay bounty to certain recruits or their heirs.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Section. 1. The town of Rollinsford, at any meeting; of the le^al Town author-
izou to D&v
voters thereof called for that purpose, may provide for the payment bounty to cer-
of a bounty, not exceeding one hundred and fifty dollars, to each {heVheirs?* °'
man or the heirs of each man who served as a volunteer or drafted
man in the army of the United States in the late war of the rebel-
lion, as part of the quota of said town, and who was honorably dis-
charged or died in said service, and who never received any bounty
from said town.
[Approved July 3, 1873.]
CHAPTER CXXVIII.
AN ACT LEGALIZING ALL THE TAXES ASSESSED IN THE TOWN OF HARRIS-
VILLE IN ONE THOUSAND EIGHT HUNDRED AND SEVENTY-ONE.
Section i Section
1. Assessment of taxes and acts of selectmen 2. Act takes eflfect on its passage,
legalized. I
Be it enacted hy the Senate and Souse of Representatives in Cfeneral
Court convened :
Section 1. That all the taxes assessed by the board of selectmen Assessment of
of the town of Harrisville, for the year one thousand eight hundred of''sde*c°men*^
and seventy-one, be, and the same hereby are, made legal ; and all legalized,
the doings of the selectmen in relation to the assessment of all
taxes in said town for said year are hereby ratified, confirmed,
and legalized.
Sect 2. This act shall take effect from and after its passage. Act takes effeot
[Approved July 3, 1873.] °^ "' f^'^^-
230
Chapters CXXIX, CXXX.
[1873.
CHAPTER CXXIX.
AN ACT TO AUTHORIZE A FURTHER REIMBURSEMENT TO THE TOWNS OF LEB-
ANON AND DERRY ON ACCOUNT OF MUNICIPAL WAR EXPENDITURES.
Section
1. Towns to receive additional sums from re-
imbursement fund.
2. Treasurer to pay from balance of war loan
bonds.
Section
3. Repealing clause.
4. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Towns to re-
ceive additional
sums from re-
imbursement
fund.
Treasurer to
pay from bal-
ance of war
loan bonds.
Repealing
clause.
Act takes effect
on its passage.
Section 1. That tlie sum of one hundred dollars, with interest
from the first day of January, 1872, be allowed the town of
Lebanon ; and that the sum of two hundred and eight dollars
and thirty-three cents, with interest from tlie first day of January,
1872, be allowed the town of Deny, in addition to the sums already
paid to said towns in pursuance to chapter XII of the laws of 1870,
and chapter III of the laws of 1871.
Sect. 2. The state treasurer is hereby authorized to pay the sums
hereby allowed from the balance of the municipal war loan bonds
remaining in his possession June 1, 1873, and the municipal war
loan is hereby increased by the amount hereby awarded to the
towns of Lebanon and Derry.
Sect. 3. All acts and parts of acts inconsistent with this act are
hereby repealed.
Sect. 4. This act shall take efl:ect from its passage.
[Approved July 3, 1873.]
CHAPTER CXXX.
AN ACT IN AMENDMENT OF "AN ACT TO INCORPORATE THE WINDSOR AND
FOREST LINE RAILROAD."
Section
1. Road authorized to increase ita number of
directors.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Qeneral
Court convened:
Road author- SECTION 1. That the Said Windsor and Forest Line Railroad may
its numb^fof^ iucreasc its board of directors from seven to not exceeding eleven
directors. in number.
Act takes effect Sect. 2. This act sliall take effect upon its passage.
on its passage. [Approved July 3, 1873.]
1873.]
Chapter CXXXI.
231
CHAPTER CXXXI.
AN ACT TO ESTABLISH THE CITY OF KEENE.
Section
1. City of Kcene established.
2. Divided into five wards : tlioir boundaries.
3. What otTicors to bo chosou at first mootiug
under charter.
4. Annual meetings; tenure of office of city
and ward officers.
5. City officers — wlien to qualify.
6. Police court.
7. rower of town in regard to water-worlcs
transferred to city council.
Section
8. Selectmen of town to post chock-lists and
issue warrants for first meeting, etc.
9. Charter not in force unless adopted by town.
10. Warrant for meeting to act on acceptance
of charter— when to be posted.
11. First meeting for choice of officers — when
held. First officers elected — when to qual-
ify, and their tenure of office.
Be it enacted hy the Senate and House of Representatives in General
Cowt convened:
Section 1. The inhabitants of the town of Keene in the county city of Keene
of Cheshire shall continue to be a body corporate and politic, under ^^ * ^^ ® •
the name of the city of Keene.
Sect, 2. The said city of Keene hereby is divided into five wards, ^7'*^,^^J^.*°
which shall be constituted as follows, namely : their bounda-
Ward No. 1 shall include all that part of the town of Keene now "^^"
included within the following limits: viz., — bounded northerly by a
line drawn easterly from Central square, through the centre of Rox-
bury street and the centre of the highway leading by the dwelling-
houses of Miles T. Buckminstcr and John W. Nye to Roxbury ; east-
erly by the town lines between said Keene, Marlborough, and Swan-
zey ; and westerly by a line drawn southerly from said Central
square through the centre of Main street and the road leading to
Swanzey Factory A^illagc.
Ward No. 2 shall include all that part of said Keene included
within the following limits: viz., — bounded northerly by the town
lines between said Keene and Gilsum ; easterly by the town lines
between said Keene, Sullivan, and Roxbury ; southerly by the north-
ern limit above described of ward No. 1 ; and westerly by a line
intersecting with said last mentioned line, and drawn thence north-
erly through said Central square, the centre of Washington street,
and the old road leading by the dwelling-house of E. G. Holman to
Gilsum.
Ward No. o shall include all that part of said Keene included
within the following limits : viz., — bounded northerly by the town
lines between said Keene, Gilsum, and Surry ; easterly by the west
line above described of ward No. 2 ; and westerly by a line drawn
north-westerly through said Central square, the centre of Court
street, and the centre of the old road leading by the dwelling-houses
of Charles Wright and Calvin Randall to said Surry.
Ward No. 4 shall include all that part of said Keene included
within the following limits : viz., — bounded northerly by the town
lines between said Keene, Surry, and Westmoreland ; easterly by
the west line above described of ward No. 3 ; southerly by a line
intersecting with said last mentioned line, and drawn thence west-
erly through Central square, the centre of West street, and the centre
232 Chapter CXXXI. [1873.
of the highway leading from said West street by the dwelling-houses
of Charles N. Wilder, Josiah Sawyer, Joseph Wilson, Daniel
Brown, and Isaiah Robbins, to Chesterfield ; and westerly by the
town lines between said Keene, Westmoreland, and Chesterfield.
Ward No. 5 shall include all that part of said Keene included
within the following limits : viz., — bounded northerly by the south
line above described of ward No. 4 ; easterly by the west line above
described of ward No. 1 ; southerly by the town lines between said
Keene and Chesterfield and Swanzey.
whatoflscers Sect. 3. At the first meeting after the adoption of this act there
fi°rs^''meeting ^* shall be clioseu in each of said wards, in the manner prescribed by
under charter, jg^^^ q^q alderman, thrcc common councilmen, one assessor of taxes,
and one overseer of the poor.
Annua! meet- Sect. 4. The annual meeting of the legal voters of said city of
office of city Keene, for the choice of city and ward officers, shall be held on the
and ward offl- gg^^j-^^ Tucsday of December annually; and all city and ward offi-
cers who are chosen by the people shall hold their respective offices
for one year from the first Tuesday of January next succeeding, and
until others are chosen and qualified in their stead.
City officers- Sect. 5. The mayor, aldermen, and common councilmen shall
w^en oqua- ^^^^^ ^^ conveution for the purpose of taking the oath of their re-
spective offices on the first Tuesday of January in each year, at ten
o'clock in the forenoon.
Police court. Sect. 6. A policc court IS hereby established within said city of
Keene, constituted in the manner prescribed in section 2, chapter 196
of the General Statutes of this state, with all the powers and made
subject to all the duties prescribed for police courts in and by said
chapter.
Power of town Sect. 7. All the powcr and authority now vested by law in said
watw-worifs town of Kecuc in regard to the construction, maintenance, and
city couifciL° management of water-works is hereby transferred to and vested in
the city council, and shall be carried into execution by the appoint-
ment of a superintendent or board of water commissioners, or such
other manner as said city council shall determine.
Selectmen of Sect. 8. Within fifteen days after the acceptance of this act by
chlc'k-iists'l^nd the legal voters of the town of Keene in the manner hereinafter
for^tirlt^mee^^ prescribed, the selectmen of said town, for the purpose of the first
ing, etc. election under this charter, shall prepare, revise, correct, and post
up, in the manner in which selectmen of towns are now required to
do, an alphabetical list of voters in each ward of the city, and shall
issue and serve their warrant for a meeting of the legal voters in
their respective wards for the choice of all city officers who are
elected by the people. Such warrant shall be posted at least four-
teen days before the time appointed for said meetings, and shall des-
ignate the time and place for the meetings in the respective wards.
At said meeting, each of said wards shall choose a moderator, clerk,
three selectmen, one alderman, three members of the common coun-
cil, one assessor, and one overseer of the poor, and shall also give
in their votes for a mayor and such other officers as are then to be
voted for. The clerk of each ward shall deliver certificates of their
election to the persons elected aldermen and members of the com-
mon council, and a copy of the record of election to said selectmen
of the town, certified by himself, the moderator, and a majority of
the selectmen of said ward, within twenty-four hours after the ter-
1873.] Chapter CXXXII. 233
mination of said ward meeting. The selectmen shall, within two
days after receiving said returns, examine, compare, and record the
same, ascertain the result of the election, and give notice in writing
to the person chosen mayor of his election. If a mayor shall not
have been elected at such meeting, the selectmen shall forthwith
issue their warrant for another meeting, as provided in this section,
and the same proceedings shall be had and repeated until a mayor
shall be chosen. Any legal voter in the respective wards may call
the first meeting to order, and preside until a moderator shall be
chosen.
Sect, 9. This act shall be void unless a maiority of the legal ci^arter not in
lorcG utiJpss
voters of said town of Keene shall, by a majority of the voters adopted by
present and voting thereon by ballot, determine to adopt the same ^*^^°'
at an annual meeting of the voters of said town.
Sect. 10. The selectmen shall issue and serve their warrant as warrant for
prescribed by law at least fourteen days before said meeting to the o"n accfptance
legal voters of said town, to see if they will adopt this charter for whenTo^be"
a city government, — said votes to be taken by ballot. posted.
Sect. 11. The first meeting of the legal voters of said Keene for First meeting
the choice of city and ward officers shall be held on the second officers-wiien
Tuesday of April following the adoption of this act. The mayor, cIm eiec?ed°-'
aldermen, and common councilmen then elected shall meet in con- )!:''*^°*°ii"^'-
, • r ,^ r>i' 1 ini- • "y^ ^^^ their
vention lor the purpose oi takmg the oath oi their respective tenure of office,
offices on the first Tuesday of May next succeeding. All the city
and ward officers elected by the people in April shall hold their
respective offices until others are chosen and qualified in their stead.
[Approved July 3, 1873.]
CHAPTER CXXXII.
AN ACT TO ENABLE THE TOWN OP CHICHESTER TO RAISE A FUND FOR THE
SUPPORT OF A HIGH SCHOOL.
Section 1. Town authorized to provide fund for support of high school.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Section 1. That the town of Chichester is hereby authorized and Town anthoriz-
empowered, at any legal meeting called for the purpose, to raise a fund for°sup
sum of money not exceeding five thousand dollars to be invested by fc°hooL
said town as a permanent fund, the income of which shall be ex-
pended in each and every year for the support of a high school in
said town.
[Approved July 3, 1873.]
234
Chapters C]
CXXXIV.
[1873.
CHAPTEK CXXXIII.
AN ACT TO EKVIVB THE CHARTER OP THE KEARSAEGE SAVINGS BANK,
PASSED JULY 6, 1867.
Section
1. Charter revived.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Charter re-
vived.
Act takes effect
on its passage.
Section 1. The act entitled "An act to incorporate the Kearsarge
Savings Bank," passed July 6, 1867, is hereby revived and continued
in force as fully and completely, to all intents and purposes, as if the
same were reenacted at the present time, and the corporation
thereby created shall continue for the full term of twenty years from
the passage of this act : provided, however, that the bank be organ-
ized within twelve months from the passage of this bill.
Sect. 2. This act shall take eflect on its passage.
[Approved July 3, 1873.]
CHAPTER CXXXIV.
AN ACT SUPPLEMENTARY TO AND IN AMENDMENT OF CHAPTER ElGHTY-EIGHT
OF THE LAWS PASSED AT THE JUNE SESSION, 1872.
Section
1. Act of 1872 amended.
2. Inspectors of check-lists to take oath as to
legal voters.
3. As to ratable polls.
4. Penalty for swearing tklsely.
5. Representatives' credentials to bear certifi-
cate of oaths taken.
Section
6. Act may be adopted by other cities.
7. Act of 1872 to be published with the laws
of 1873.
8. Repealing clause; act takes effect on its
passage.
Be it enacted hy the Seiiate and Mouse of Representatives in Qeneral
Court convened :
Act of 1872
amended.
Section 1. Strike out the words "one of which shall be on the
day of election " in the sixtli line of section three of said cliapter.
Strike out all of section four after the word " and" in the eighth
line of said section four of said chapter, and insert in lieu thereof
the following : Said board of inspectors shall be in session from
eight o'clock to eleven o'clock a. m. on election days : provided,
however, that such parts only of sections three and four of this act
as the board of inspectors shall deem necessary shall apply to spe-
cial elections. Insert after the word " voter," in the ninth line of
section six .of said chapter, the words agreeably to the provisions
of section five of chapter twenty-eight of the General Statutes.
Insert after the word " court," in the third line of section seven
of said chapter, the words within one week after such meeting.
Insert after the word " ward," in the fifth line of said section seven
1873.] Chapter CXXXIV. 235
of said chapter, the words during the six montlis next preceding
such annual meeting, or have paid a tax in the city for the year pre-
ceding such annual meeting, as ratable polls. Insert after the word
" court," in the fifteenth line of said section seven of said chapter,
the words and shall certify upon said copy that the check-list was
used during the balloting on which such representatives were
chosen.
Sect. 2. The board of inspectors of check-lists in the city of inspoctorsof
Nashua, at every meeting of the legal voters of each ward in said take oath as to
city for the choice of state and county officers, representatives in ^^^** voters,
congress, or electors of president and vice-president of the United ^/
States, shall, before the check-lists are delivered to the clerks of the y/
several wards, take and subscribe on the back of the check-lists to ■^
be used at such meetings the following oath, which may be taken '/
before the city clerk, or any justice of the peace, or notary public,
the blank in the same being first properly filled : We, the inspectors
of check-lists in the city of Nashua, do solemnly swear that, accord-
ing to our best knowledge, the within list contains the names of
those persons only who are by actual residence legal voters in
ward in said city. So help us God. The clerk or magistrate
before whom said oath is taken shall make on the back of said
check-list a certificate thereof.
Sect. 3. The board of inspectors of check-lists in the city of as to ratable
Nashua shall take and subscribe on the back of the check-lists used ^'^^'^'
at the annual meeting the following oath, which may be taken be-
fore the city clerk, or any justice of the peace, or notary public, the
blank in the same being first properly filled : We, the inspectors of
check-lists in the city of Nashua, do solemnly swear that, according ^^
to our best knowledge, the names of those persons only who were
not legal voters at the last annual meeting, but were actual residents
and ratable polls in ward in said city, are entered upon
the back of the within list. So help ns God. The clerk or magis-
trate before whom said oath is taken shall make on the back of said
check-list a certificate thereof. ^
Sect. 4. Any inspector, who shall swear falsely in taking either of Penalty for ^
the oaths prescribed by this act, shall be taken and deemed to be j*^^^"°s f^'*^-
guilty of wilful and corrupt perjury, and be liable to the punishment
prescribed therefor.
Sect. 5. In making out the certificate of any representative from Representa-
any ward in the city of Nashua, the clerk of the board of inspectors tilffto^b^a^"'
shall certify whether or not the foregoing oaths prescribed by the oaths^taira"''
second and third sections of this act were taken and subscribed by
the inspectors on the back of the check-list used in each ward at the
annual meeting.
Sect. 6. Any other city may adopt the provisions of chapter eighty- Act may be
eight of the laws passed at the June session, 1872, as amended by er cFties.^^ °^''"
this act, which shall thereupon extend and apply to such city as fully
as to the city of Nashua.
Sect, 7. Chapter eighty-eight of the laws passed at the June ses- Act of 1372 to J^t
sion, 1872, as amended by this act, shall be published with the laws ^*it^"the kws of ^
passed at this session. '^^''^■
Sect. 8. All acts inconsistent with this act are hereby repealed, Repealing
:\,^•l_^^^,^ccl_ •, -i i. clause: act takes
and this act shall take effect upon its passage. effect on its
[Approved July 3, 1873.] P-^'^'se.
7
236
Chapter CXXXV.
[1873.
CHAPTER CXXXV.
AN ACT TO IJsCOEI'ORATE THE MARGINAL RAILROAD IN PORTSMOUTH.
Section
1. Corporation constituted. *
2. Its powers and duties.
3. Authorized to contract with other roads.
4. Capital stock.
Section
5. First meeting.
6. Act takes effect on its passage; subject to
legislative control.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Corporation
constituted.
Its powers and
duties.
Authorized to
contract w ith
other roade.
Capital stock.
Section 1. That Icliabod Goodwin, Daniel Marcy, Alfred W.
Haven, Jerome C. Butler, Tliomas H. Odion, Benjamin Russell,
Dennis Shea, William F. Russell, Jeremiah D. Goodrich, Silas Phil-
brick, Charles H. Rollins, William II. Rollins, John H. Broughton,
Samuel Adams, J. Albert Walker, George W. Tucker, Benjamin F.
Webster, Charles H. Mendrum, John Harris, Benjamin Cheever,
Marcellus Eldridge, Thomas E. 0. Marvin, Charles Robinson,
Thomas Neil, Thomas H. Rider, William W. Cotton, Alexander H.
Ladd, John R. Holbrook, Frank Jones, Charles G. Pickering,
George Tompson, Joseph Sise, Albert A. Fernald, Joshua Brooks,
Thomas E. Call, William H. Y. Hackett, Albert R. Hatch, Henry
M. Clark, Daniel Littleficld, Charles E. Walker, Alfred Stavers, and
John II. Bailey, be, and they hereby are, made a body politic and
corporate by the name of the Portsmouth Marginal Railroad, and
may act, contract, sue, and be sued as such.
Sect. 2. This corporation is authorized to locate, build, and main-
tain a railroad from the tracks of the Portsmouth & Dover-Rail-
road, Concord & Portsmouth Railroad, and Eastern Railroad in
New Hampshire, at some point or points near the Piscataqua river,
southwardly near the wharves and shore of the river to any point
on said river in Portsmouth or Newcastle, and for this purpose
shall have all such powers as are usually granted to railroad corpo-
rations in this state ; and they may construct and own such wharves
and storeliouscs as shall be necessary or convenient for the use of
said railroad : provided, however, that the railroad or improve-
ments of said corporation shall not be so located or constructed as
to include any premises now belonging to or occupied by said Ports-
mouth & Dover, Eastern, Concord &, Portsmouth railroads, and the
Concord Railroad Corporation, or either of them ; or to interfere
with the tracks now used by any of said corporations, without the
consent of those corporations respectively, except necessary cross-
ings, to be determined by the railroad commissioners on the appli-
cation of either party.
Sect. 3. This corporation may make such contracts in regard to
the construction, use, and management of their railroad, with said
Portsmouth k Dover Railroad, Concord & Portsmouth Railroad,
and Eastern Railroad in New Hampshire, and the Concord Rail-
road Corporation, or with any of them, as, after notice to all said
railroads, shall be approved by the railroad commissioners, subject
at all times to be modified by said commissioners.
Sect. 4. The capital stock of this corporation shall not exceed
1873.] Chapter CXXXVI. * 237
two hundred and fifty thousand dollars, and shall be divided into
shares of one hundred dollars each.
Sect. 5. John 11. Broughton, J. Albert Walker, and Thomas H. First meeting.
Odion, or any two of them, may call the first meeting of the corpo-
ration, by notice published one week in any newspaper printed in
Portsmouth, at which time, or at any subsequent meeting, such by-
laws may be adopted as shall not be inconsistent with the laws of
this state.
Sect. 6. This act shall be in force from its passage, and shall at Act takes efrect
11 . 1 , ■ . . 1. ,• 1 1 1 1 J.1 on its passage;
all times be sul)]cct to alteration, amendment, or repeal by the gen- subject to lepis-
1 , lative control.
eral court.
[Approved July 3, 1873.]
CHAPTER CXXXVI.
AN ACT FOR THE BETTER PROTECTION OF THE KEENE WATER-WORKS.
Section
1. Persons prohibited from defiling reservoir
ponds.
Section
2. Penalty.
3. Act takes effect on its passage.
Be it enacted hj the Senate and House of Representatives in Gfeneral
Court convened:
Section 1. No person shall at any time bathe in or in any way persons pro-
corrupt the waters of either of the reservoir ponds connected with deaunVreser-
the Keene water-works ; nor shall any person, without the permis- voir ponds,
sion of the Keene water board, or not in accordance with regu-
lations adopted by them, place or use a boat upon either of said
reservoir ponds, or catch or take any fish from said ponds, or either
of them, or cross or go upon either of said ponds upon the ice with
a team or teams, or otherwise.
Sect. 2. Any person who shall violate any of tlie provisions of Penalty,
the preceding section shall pay a fine of not less than five dollars
nor more than fifty dollars for each ofl:ence.
Sect. 3. This act shall take eft'ect from its passage. Act takes effect
r* iTioiorroT on its passage.
[Approved July 3, 1873.]
238
Chapters CXXXVII, CXXXVIII.
[1873.
CHAPTER CXXXVII
AN ACT IN AMENDMENT OF AN ACT, PASSED JULY 9, 1866, ENTITLED "AN ACT
RATIFYING THE UNION OF CERTAIN SCHOOL DISTRICTS IN THE TOWN OF
WBARE."
Section
1. Section 2, act of 1866 repealed.
Sectiow
2. Act takes eflFect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened :
Section 2, act of SECTION 1. Tliat sectioii two of Said act, of which this act is in
1866 repealed. ajjjgj^(jjj^ent, bc, and the sanic is hereby, repealed.
Act takes effect Sect. 2. This act shall take eflfect upon its passage.
on its passage. ^^pp^OVed July 3, 1873.]
CHAPTER CXXXYIII.
AN ACT FIXING THE TIME OF CLOSING THE POLLS IN THE CITY OF PORTSMOUTH.
Section
1. Polls to be closed at 61 o'clock.
2. Ballots to be preserved and recounted—
when and by whom.
Section
3. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Polls to be
closed at 6|
o'clock.
Ballots to be
preserved and
recounted —
when and by
whom.
Act takes effect
on its passage.
Section 1. That at all elections hereafter held in the city of Ports-
mouth, for state, county, and municipal officers, the polls shall be
closed at six and one half o'clock in the afternoon of the day of
election, and of the day of any adjournment from that day, and not
before ; and no ballot shall be given in, received, or placed in the
ballot-box after six and one lialf o'clock of the day when the ballot-
ing takes place.
Sect. 2. As soon as a declaration of the votes shall have been
made at any election, it shall be the duty of the clerk of each ward
to take possession of all the ballots counted, and preserve them in
the same condition in which they were at the time of the declara-
tion, together with the memorandum from which the moderator
made the declaration, — also, any memorandum or figures made by
any officer who assisted in sorting or counting the ballots, — and pre-
serve the same in some safe place under his lock and key, for ninety
days after such election, subject during that time to such examina-
tion or recount in such manner and at such times as the mayor and
aldermen may order ; and subject, also, to be examined by any per-
son in the presence of the ward clerk, upon two days' notice thereof
given to the moderator and selectmen of the ward.
Sect. 3. This act shall take effect from and after its passage.
[Approved July 3, 1873.]
1873-] Chapters CXXXIX, CXL. 239
CHAPTER CXXXIX.
AN ACT TO AUTHORIZE THE NASHUA & ROCHESTER RAILROAD TO ISSUE
BONDS, AND FOR OTHER PURPOSES.
Section
1. Road authorized to issue bond* and mort-
gage property.
2. Bonds may be converted into shares.
Section
3. By whom guaranteed.
4. Act tAkes effect on its passage.
Be it enacted hy the Senate and House of RepresentativeB in General
Court convened:
Section 1. The Nashua & Rochester Railroad are hereby author- Road authoriz-
ized to issue bonds not exceeding in amount outstanding at any one bondsTnd
time the sum of seven hundred thousand dollars, payable in such '"ty!^^^^ '^'^°^'
manner and way as may be fixed by the directors, and at any time
not less than twenty years from the passage of this act, with inter-
est payable semi-annually, and may register said bonds, or annex
thereto coupons for the interest, and said railroad corporation may
secure the payment of said bonds by a mortgage of their railroad
and franchise, and of any of the property of the corporation, in
such form as may be approved by the railroad commissioners, sub-
ject to the lease of said railroad to the Worcester & Nashua Rail-
road Company now existing, and to all other existing liens and law-
ful encumbrances upon the said railroad or its property.
Sect. 2. Bonds issued under authority of this act maybe con- Bonds may be
verted into shares of the capital stock of the corporation at the par shares, ° ^^ ^
value of one hundred dollars each, at the option of the holder, at
any time after the completion of the road.
Sect. 3. The Worcester & Nashua Railroad Company shall in- By whom guar-
dorse the said bonds, or otherwise guarantee the payment thereof,
and the interest thereon.
Sect. 4. This act shall take effect upon its passage. Act takes effect
[Approved July 3, 1873.] ^ ^ .n .t. passage.
CHAPTER CXL.
AN ACT IN AMENDMENT OF THE CHARTER OF THE MANCHESTER PRINT WORKS.
Section
1. Corporation authorized to reduce its capi-
tal stock j how apportioned among stock-
Se^tion
2. May issue new shares; proportion to each
stockholder.
' holders. I 3. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Section 1. That \\\q Manchester Print Works, at a legal meeting corporation
to be called for that purpose, and by a vote of two thirds of the reduce'its capi-
stockholders, in number and value of the stock, then present or rep- apportioned"^
resented, may reduce its capital stock to a sum not less than five ^1°^^^^^^^^'
hundred and forty thousand dollars, and may divide its capital stock
240
Chaptee CXLI.
[1873.
May issne new
shares— propor-
tion to each
stockholder.
Act takes efffect
on its passage.
SO reduced into shares of not less than one hundred dollars each ;
and in substitution for each old share of one thousand dollars, the
holder thereof shall be entitled to receive, and said corporation shall
issue to him, such portion of such new shares as sliall bear the same
proportion to the whole amount of said shares of reduced value as
the amount of said old shares owned by said stockholder bears to
the whole amount of said capital before reduction as aforesaid.
Sect. 2. Said corporation, after voting for such reduction of its
capital stock and division of the shares thereof, may, pursuant to
a vote of the stockholders passed at the same or any other legal
meeting called for that purpose, authorize the issue of as many new
shares of the same par value as the shares so reduced as will raise
its capital thus reduced to an amount not exceeding two millions of
dollars ; and each stockholder, who was such at the date of said vote
for reduction, or his or her assigns, shall, for the time to be limited
as hereinafter provided, be entitled to take, on payment therefor, at
par, such portion of such new shares as shall bear the same propor-
tion to the whole amount of said new shares so to be issued as the
amount of said old shares owned by such stockholder at the date of
said vote for reduction bore to the whole amount of said capital
before said reduction ; and tlie directors shall give written or printed
notice by mail, directed to each of such old stockholders, of said
vote to issue said new stock, stating the whole amount to be issued,
the number of shares or fractions of shares of said new stock which
each old stockholder is entitled to take as aforesaid, and the times
within which said new stock shall be taken, — which time shall not
be less than thirty days from the time of giving such notice; and if
after the expiration of said time any shares remain untaken, said
directors shall sell the same at auction or private sale for the benefit
of the corporation ; but said new shares shall not be distributed or
sold at less than their par value, and said corporation shall not be
required to issue any certificates for fractions of shares unless the
persons entitled to such fractions shall aggregate the same in sums
of the same amount as tlie par value of the shares so reduced.
Sect. 3. This act shall take effect upon its passage.
[Approved July 3, 1873.]
CHAPTER CXLI.
AN ACT TO REIMBURSE, IN TART, TO THE TOWN OF HOLLIS, THE EXPENSE OF
VOLUNTEERS FOR WHOM NO BOUNTY WAS RECEIVED FROM THE STATE.
Section
1. Town reimbursed for volunteers in excess
of quota.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Hepresentatives in Greneral
Court convened: ^
Town reimhurs- SECTION 1. There shall bc paid to the town of Hollis in the
teefrin excess couuty of Hillsborougli, out of any money in the treasury not other-
of quota. -^ise appropriated, the sum of five thousand five hundred and forty-
1873.]
Chapter CXLII.
241
four dollars, in full satisfaction of the amount due to said town
for bounties to which said town was entitled under the laws of the
state, for twelve volunteers mustered into the service of the United
States for said town in June, 18G4, in excess of the quota of said
town over all calls for troops prior to that of July 18, 1864, — it
being the sum of three hundred dollars for each of said twelve vol-
unteers, and interest thereon from June, 1864, the date of their
muster into the service of the United States.
Sect. 2. This act shall take eftect on its passage.
[Approved July 3, 1873.]
Act takes effect
on its passage.
CHAPTER CXLII.
AN ACT IN AMENDMENT OF AN ACT TO INCORPORATE THE MANCHESTER AND
KKENE RAILROAD.
Section
1. Road authorized to increase its shares and
capital stock.
2. To issue bonds secured by mortgage.
Section
3. Interest — what rate, and when paid.
4. Board of directors increased.
5. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in G-eneral
Court convened:
Section 1. The Manchester and Keene Railroad may increase its Road authoriz-
number of shares up to sixteen thousand, and its capital stock to a ftsshares^and
sum not exceeding in the aggregate of sixteen hundred thousand '^^p'*'^'®^^*'^-
dollars.
Sect. 2. The said railroad may mortgage their road, or any part To issue bonds
thereof, and issue bonds to the amount of not exceeding eight huii- mortgaged
dred thousand dollars, in denominations and payable at such times
as said corporation shall direct : provided, however, that no bonds
shall be issued upon any mile of said road until an equal amount
from stock subscriptions have first been paid thereon.
Sect. 3. The interest on said bonds shall not exceed seven per interest— what
cent, per annum, and may be paid at such times as the stockholders ptid.'^"^^^'^'^"
of said corporation shall by vote determine, at any meeting legally
called for that purpose.
Sect. 4. The said railroad corporation may increase its board of Board of di^rec-
directors from seven to eleven in number.
Sect. 5. This act shall take effect upon its passage. Act takes effect
[Approved July 3, 1873.J °" "^ p'^°^'°'
242
Chapter CXLIII.
[1873.
CHAPTER CXLIII.
AN ACT TO IKCORPORATE THE MANCHESTER PRINT WORKS AND MILLS.
Section
1. Corporation constituted : its powers.
2. Location, business, and capital stock.
3. First meeting— liow called, etc.
Section
4. Subject to legislative control.
5. Act takes pffect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Location, bus-
iness, and cap
ital stock.
Corporation SECTION 1. That Moody Currier, Frederick Smyth, Daniel Clark,
poweJ^"^^*^' "' Waterman Smith, Charles Williams, Asa Fowler, William Mixter,
William Reynolds, Samuel R. Payson, their successors, associates,
and assigns, be, and they hereby are, made a body politic and corpo-
rate by the name of the Manchester Print Works and Mills, and by
that name may sue and be sued, prosecute and defend, to final judg-
ment and execution, and shall be, and hereby are, invested with all
the powers and privileges, and made subject to all the liabilities,
contained in the laws of this state applicable to corporations of a
similar nature.
Sect. 2. Said corporation is hereby authorized and empowered to
establish, manage, and cany on, in the city of Manchester in the
county of Hillsborough, the manufacture of cotton and woollen
goods and other textile fabrics, and the usual branches of machinery
necessary for carrying on the same, and the various branches of the
mechanic arts usually connected therewith, and to purchase and
erect such mills, buildings, and works as may be necessary and con-
venient for carrying on and conducting the business of said corpora-
tion ; and for tliat purpose may acquire, by purchase or otherwise,
hold, enjoy, and convey such real and personal estate as may be
necessary or useful in conducting the business of said corporation.
Tlie capital stock of said corporation shall not exceed two millions
of dollars, and shall be divided into shares of one hundred dollars
each.
Sect. 3. The said Moody Currier, Frederick Smyth, and Daniel
how called, etc. Clark, or either two of them, may call the first meeting of the cor-
poration, by giving a notice in writing stating the time and place of
meeting to each of the grantees named in this act, or leaving the
same at his usual place of abode, at least one week before the day
of meeting, and by publishing a notice of said meeting in some
daily newspaper printed in said Manchester, and in some daily news-
paper printed in Boston in the state of Massachusetts, at least one
week before the day of meeting, at which meeting, or at any ad-
journment thereof, a clei'k shall be chosen, and by-laws for the regu-
lation and government of said corporation, not inconsistent witli the
constitution and laws of the state, may be established, which by-
laws may be altered or amended at any future meeting of the cor-
poration, and may choose all necessary officers or agents for managing
the affairs of the corporation ; may agree on the mode of calling
future meetings ; and may do and transact any business necessary to
carry into effect the purposes of said corporation.
First meeting —
1873.]
Chapters CXLIV, CXLV.
243
Sect. 4. The legislature may at any time alter, amend, or repeal SI'Snt'roL''
this act, whenever in their opinion the public good requires the same
to be done.
Sect. 5. This act shall take effect from and after its passage.
[Approved July 3, 1873.]
Act takes effect
on its passage.
CHAPTER CXLIV.
AN ACT TO AMEND THE CHARTER OF THE DOVER LANDING AQUEDUCT COM-
PANY.
Section
1. Corporation may hold real estate.
Section
2. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in General
Court convened:
Section 1. That the Dover Landing Aqueduct Company be, and "^^"^^^If^^^
the same hereby is, authorized to purchase, hold, and possess real estate.
and personal estate, in value to the amount of twelve thousand dol-
lars, for the purpose of carrying into effect the objects of the act by
which said company was incorporated.
Sect. 2. This act shall take effect upon its passage.
[Approved July 3, 1873.]
Act takes effect
on its passage.
CHAPTER CXLY.
AN ACT TO INCORPORATE THE OCEANIC HOTEL COMPANY.
Section
1. Corporation constituted : its powers.
2. Capital stock.
3. Location and limitation as to real estate.
4. Purpose of incorporation.
Section
5. Affairs— by whom managed; first meeting.
6. Charter subject to alteration.
7. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Creneral
Court convened :
Section 1. That John R. Poor, John A. Poor, Charles A. Doe, corporation
Daniel E. Poor, and Moses T. Doe, their associates, successors, and powers" ^ ' '*
assigns, under the name and style of The Oceanic Hotel Com-
pany, are hereby made a body corporate and politic, with all the
rights, powers, and privileges usually conferred on corporations of a
similar nature.
Sect. 2. The capital of said corporation shall be three hundred Capital stock,
thousand dollars, with the privilege of increasing it to five hundred
thousand dollars, which may be divided into shares of one hundred
dollars each.
Sect. 3. Said corporation may acquire and hold real estate in the Location and
n/-^ iTi n nl^ T • i n rt 1 • limitation aS tO
town of Gosport, at the Isles oi Shoals in the county oi Rocking- real estate.
244
Chapter CXLVI.
[1873.
Purpose of in-
corporation.
Affairs — by
wliom manag-
ed ; first meet-
ing.
Charter subject
to alteration.
Act takes effect
on its passage.
ham, not exceeding in value the amount of its capital stock, and
may improve and occupy the same, or sell and alienate it, at its
pleasure.
Sect. 4. The capital stock of said corporation shall be employed
in the purchase of real estate as aforesaid, and in the erection and
maintenance of hotels, cottages, wharves, and other structures ; in
the laying out of said lands, and grading and improving the same ;
and in the purchase and employment of sailing vessels and steam-
boats for the transit of passengers, merchandise, and freight to and
from said town of Gosport, and in such other manner as may seem
necessary and proper to the establishment of an extensive watering-
place for the reception and entertainment of summer guests upon
said islands in said township of Gosport.
Sect. 5. The affairs of said corporation shall be managed by a
board of five directors, to be elected annually. The first meeting of
said corporation shall be holden at such time and place, and may be
called in such manner, as any three of the above corporators shall
designate.
Sect. 6. The legislature may alter and amend this act whenever
the public good requires the same.
Sect. 7. This act shall take effect from and after its passage.
[Approved July 3, 1873.]
CHAPTER CXLYI
AN ACT IN AMENDMENT OF THE CHARTER OF THE CITY OF NASHUA.
Section
1. Assessors to be inspectors of check-lists, etc.
2. Check-lists^by whom and how prepared:
to be used by ward clerks at elections.
3. Correction of check-lists — how, when, and
by whom made.
4. Ballots— by whom preserved ; special elec-
tions.
5. Penalty for procuring name to be illegally
put on list.
Section
6. Penalty for altering lists; omission of
name— how rectified.
7. Names of ratable polls; representatives'
credentials ; ward clerk to certify record
of votes cast.
8. Penalty for violation of act.
9. Repealing clause.
10. Act takes effect on its passage.
Be it enacted hy the Senate and House of Representatives in Greneral
Court co7ivened :
Assessors to be SECTION 1. The board of asscssors, as now chosen and constituted,
check-lists, etc. ill and for the city of Nashua, and as chosen annually hereafter,
shall be, for the purposes of this act, a board of inspectors of the
check-lists in the several wards in said city ; and they shall be sworn
to the faithful discharge of the duties of their office by the clerk of
the board. Said inspectors shall choose a chairman from their own
number; and the city councils, in convention, shall appoint a clerk,
J who shall be ex officio a member of the board of inspectors of check-
lists, and he shall be sworn to the faithful discharge of the duties of
his office by the chairman of the board. The clerk shall keep a
record of the proceedings of said board, in a book provided by the
1873.] Chapter CXLVI. 245
city for that purpose. Said clerk shall hold his office until his suc-
cessor shall be appointed and qualified.
Sect. 2. Said inspectors shall prepare, revise, correct, and post check-iists-by
,, /, , , f. , • J i. J whom and how
up, in the manner tlie selectmen or towns are required to do, an prepared; to be
alphabetical list of the legal voters in each ward ; and for that pur- cferltsit^eS-
pose shall have access to any books or lists belonging to said city, "o^s.
or to any ward in said city, and shall have the assistance of any of ^
the city or ward officers they may require, and they shall deliver an
attested copy of the lists of voters so prepared and corrected to the
clerks of the respective wards ; and the said ward clerks shall use
the lists of voters so prepared and corrected, and no others, at the
elections in said wards. In preparing the lists of voters, said
inspectors shall record the first or Christian name of each voter in
full, but may use initial letters to designate the middle name or
names of any voter ; they shall also record against the name of each
voter the name of street and number of dwelling, if numbered, —
if not numbered, then such other description as shall indicate, as
nearly as possible, the residence of such voter.
Sect. 3. The said board of inspectors shall be in session at the correctionof
city hall building, or such other place as they shall designate, for Lw, when, and
the purpose of revising and correcting the lists of voters six days ^^ ^'^°'^™^'^®-
at least within six months next preceding the day of election, — the
last two sessions of said inspectors to be held within one week of
said election, from nine o'clock a. m. to twelve o'clock M., and from
two o'clock to five o'clock p. m., on each of said days ; and any per-
son may then and there appear and be heard with regard to his ^
right to have his name put on the check-list and to vote ; and said
board of inspectors may require the oath of such persons so claim-
ing the right to vote, and corroborating evidence, if not otherwise
fully satisfied of his right to have his name placed on the check-list.
They may prescribe such regulations, and require the aid of such
police, as shall secure order and the right of each person to be heard ;
and there shall be no abridgment of the elective franchise, or other
qualification required than those now prescribed by the laws of this
state.
Sect. 4. All the ballots cast at each election in the several wards Baiiots-by
shall be preserved, and after they shall have been counted the mode- ed; special eiec-
rator shall deliver all the ballots given in to the clerk of the ward ; and *^°"*'
the clerk of each ward shall seal up said ballots, direct and deliver
the same, together with the lists of voters used at such election,
w^ithin one hour after the adjournment of such meeting, to the board
of inspectors, who shall be in session to receive the same, and said u^
board of inspectors shall be in session from eight o'clock to eleven
o'clock A. M. on election days : provided, however, that such parts
only of sections three and four of this act as the board of inspectors
shall deem necessary shall apply to special elections.
Sect. 5. Any person procuring his name to be illegally placed on Penalty for pro-
the check-list by a false representation or statement, upon conviction be^ufgafi^Vt
thereof shall be punished by a fine not exceeding fifty dollars, or by o^^iist. /j\,
imprisonment in the county jail not exceeding sixty days. f^'
Sect. 6. If the moderator, selectmen, ward clerk, or any other Penalty for ai-
person shall alter any check-lists after the same shall have been de- omission of
livered by the inspectors to the ward clerk, by adding any name or "^"17^"^'"^°'
names thereto, or by erasing any name or names therefrom, or in
?<0 ^
246
Chapter CXLVI.
[1873.
y
\-'^
Names of rata
ble polls; rep-
resentatives'
credentials;
ward clerk to
certify record
of votes cast.
Penalty for
violation of act.
Repealing
clause.
Act takes effect
on its passage.
any way changing the lists, such officer or person so offending shall
be punished by a fine not exceeding five hundred dollars, or impris-
onment in the county jail not exceeding six months : provided, how-
ever, that in case the name of any person has been omitted from the
check-lists, and who the inspectors are satisfied is a legal voter
agreeably to the provisions of section five of chapter twenty-eight of
the General Statutes, the inspectors shall certify the same to the
moderator, who shall receive his vote, and the ward clerk shall check
the name of such person so voting on the back of said certificate,
,and shall return the same to the inspectors with the check-list.
( The clerks of the several wards shall return the check-lists used at
the last March election to the clerk of the board of inspectors as
soon as he shall be appointed.
Sect. 7. The board of inspectors shall enter upon the back of the
lists of voters used in each ward at the annual meeting for the elec-
tion of representatives to the general court, within one week after
such meeting, the name of every male inliabitant of the age of
twenty-one years and upward, who were not legal voters but were
actual residents of the ward during the six months next preceding
such annual meeting, or have paid a tax in the city for the year pre-
ceding such annual meeting as ratable polls ; and the certificates of
election of representatives to the general court from the several
wards shall be made out, certified, and signed by the clerk of the
board of inspectors of check-lists, and the clerk of said board shall
certify that the check-list of the ward was duly posted and used dur-
ing the balloting on which such representatives were chosen, the
number of ratable polls in such ward, and the number of voters
upon the check-list as corrected on the day of such annual meeting.
The clerk of each ward shall make out a fair and exact copy of the
record of all votes given in at the annual meeting for the election of
representatives to the general court, and shall certify upon said copy
that the check-list was used during the balloting on which such rep-
resentatives were chosen, and shall certify upon said copy that the
same is a true copy of said record, and shall seal said copy and di-
rect and deliver the same to the clerk of the board of inspectors of
the check-lists, with a superscription upon the same expressing the
purport thereof, within two days after such meeting.
Sect. 8. Any officer or other person neglecting or refusing to
comply with the terms of this act, or offending against the provi-
sions hereof where punishment is not already provided by this act,
shall, upon conviction thereof, be punislied by imprisonment in the
county jail not more than six months, or by a fine not exceeding
five hundred dollars, to be paid for the use of the county of Hills-
borough.
Sect. 9. All acts and parts of acts inconsistent with this act are
hereby repealed.
Sect. 10. This act shall take effect upon its passage.
o>
Note. Originally approved July 3, 1S72; amended and approved July 3, 1S73. See chapter
134 supra.
1873.] Chapters CXLVII, CXLVIII, CXLIX. 247
CHAPTER CXLVII.
JOINT RESOLUTION IN FAVOR OF ALLEN FOLGEE.
Appropriation to pay claim.
Resolved by the Senate and House of Bepresentatives in Qeneral Court
convened :
That the sum of two hundred and fifty dollars be allowed Allen ^PP''°P^^f^°°
Folger for services as commissioner to the International Prison Con- ° p*^ *^
gress, as provided by chapter sixty-three of the Pamphlet Laws of
one thousand eight hundred and seventy-one; that the same be
paid out of any money in the treasury not otherwise appropriated,
and that the governor be authorized to draw his warrant therefor.
[Approved June 27, 1873.]
CHAPTER CXLVIII.
A JOINT RESOLUTION IN FAVOR OF EDSON C. EASTMAN, AGENT,
Appropriation to pay claim.
Resolved hy the Senate and House of Representatives in Creneral Court
convened :
That the sum of one hundred and thirty-seven dollars and eighty Appropriation
cents (1137.80) be allowed Edson C. Eastman in full for his claim, ^°p^^""""'
and that the same be paid from the treasury out of any money not
otherwise appropriated, and that the governor be authorized to draw
his warrant for the same.
[Approved July 3, 1873.]
CHAPTER CXLIX.
JOINT &ES0LUTI0N IN FAVOR OF THE TOWN OF SALElI.
Appropriation to pay claim for bountyi
Resolved hy the Senate and House of Representatives in General Court
convened :
That the sum of one hundred dollars be paid the town of Salem -^^pp^^p^^^j^^"
for one volunteer furnished the United States, and who was not for^bouuty.
credited said town in the settlement under the law reimbursing
towns, passed June session, A. D. 1870 ; and that the same be paid
out of any money not otherwise appropriated, and the governor be
authorized to draw his warrant therefor.
[Approved July 3, 1873.]
248 Chapters CL, CLI, CLII. [1873.
CHAPTER CL.
A JOINT RESOLUTION IN FAVOR OF THE REPUBLICAN PRESS ASSOCIATION.
Appropriation to pay claim.
Resolved ly the Senate and House of Representatives in General Court
convened :
Appropriation That the sum of six hundred and sixty-six dollars be allowed the
o pay c aim. j^gpuijiicaii Press Association in full for their claim, and that the
governor be authorized to draw his warrant for the same, and pay
the same out of any money in the treasury not otherwise appro-
priated.
[Approved July 3, 1873.]
CHAPTER CLI.
JOINT RESOLUTION IN FAVOR OF LEWIS L. MOWER.
Appropriation to pay for extra services.
Resolved hy the Senate and House of Representatives in General Court
convened :
Appropriation That Lewis L. Mowcr, janitor of the state house, be allowed the
g°rvkes°' ^^''^^ sum of ouc hundred and fifty dollars ($150) for extra services, and
that the same be paid out of any money in the treasury not other-
wise appropriated, and that the governor be authorized to draw his
warrant therefor.
[Approved July 3, 1873.]
CHAPTER CLII.
JOINT RESOLUTION IN FAVOR OF THE CHAPLAIN.
Appropriation to pay claim.
Resolved hy the Senate and House of Representatives in General Court
convened :
Appfopriauoii That Rcv. Charles L. Hubbard, the chaplain of the house, be al-
pay c aim. jQ^^g^j ^^^^ g^j^ ^f ^j^^ hundred and nine dollars for services as chap-
lain, and that the same be paid out of any money in the treasury
not otherwise appropriated, and that the governor be authorized to
issue his warrant therefor.
[Approved July 3, 1873.]
1873.] Chapters CLIII, CLIV, CLV. 249
CHAPTER CLIII.
JOIXT RESOLUTION IN FAVOR OF THE ENGROSSING CLERK.
Appropriation for extra clerk hire.
Resolved by the Senate and House of Representatives in General Court
convened :
That the sum of one hundred dollars be allowed Charles W. ^PP/^traciS
Hoitt, engrossing clerk, for extra clerk hire. hire.
[Approved July 3, 1873.]
CHAPTER CLIV.
JOINT RESOLUTION IN FAVOR OF B. F. PRESCOTT AND OTHERS.
Appropriation to pay claims.
Resolved hy the Senate and House of Representatives in General Court
convened :
That the sum of sixty-two dollars and twenty-five cents (^62.25) Appropriation
be allowed B. F. Prescott ; that the sum of seventy dollars (|70) " ''^^ *^ ^'"^'
be allowed Robinson & Tilton ; that the sum of eleven dollars and
fifty cents ($11. 50) be allowed S. D. Robinson; that the sum of
three hundred and fifty-seven dollars and fifteen cents (f 357. 15) be
allowed Morrill & Silsby ; that the sum of forty-seven dollars (-117)
be allowed J. H. Benton, Jr. ; that the sum of two hundred and
eleven dollars and fifty cents ($211.50) be allowed Charles C. Pear-
son & Co. ; that the sum of seventeen dollars and twenty-five cents
($17.25) be allowed A. H. Wiggin, in full for their claims, and that
the same be paid out of any money in the treasury not otherwise
appropriated, and that the governor be authorized to draw his war-
rant therefor.
[Approved July 3, 1873.]
CHAPTER CLV.
JOINT RESOLUTION IN FAVOR OF C. H. LONG AND OTHERS.
Appropriation to pay claims.
Resolved hy the Senate and House of Representatives in General Court
convened :
That the sum of one hundred and nineteen dollars and thirty Appfopriation
cents ($119.80) be allowed C. H. Long; that the sum of one h„n- *° p*^ "'*'"'•
250 Chapter CLV. [1873.
dred and six dollars (1106) be allowed A. B. Farmer ; that the sum
of one hundred and eight dollars and fifty cents (fl08.50) be al-
lowed F. G. Moody ; that the sum of one hundred and eighteen dol-
lars ($118) be allowed F. W. Cheney ; that the sum of one hundred
and eight dollars and fifty cents ($108.50) be allowed Zelotus
Stevens ; that the sum of twenty-five dollars and fifty cents ($25.50)
be allowed E. C. Eastman, agent ; that the sum of one hundred
and nineteen dollars ($119) be allowed C. H. Roberts ; that the
sum of three hundred and twelve dollars ($312) be allowed Emma
Elliott ; that the sum of sixty-five dollars and fifty cents ($65.50)
be allowed H. P. Crowell ; that the sum of sixty dollars ($60) be
allowed Sumner Keyes ; that the sum of two hundred and eleven
dollars and fifty cents ($211.50) be allowed E. C. & G. G. Bailey ;
that the sum of eight dollars ($8) be allowed John B. Clarke, in full
for their claims, and that the same be paid out of any money in the
treasury not otherwise appropriated, and that the governor be au-
thorized to draw his warrant therefor.
[Approved July 3, 1873.]
OPIKION
OF THE
SUPREME JUDICIAL COURT
UPON THE QUESTION
*' Whether chapter SS of the pamphlet laws of 1872, enti-
tled ' An act in amendment of chapter 49, section 2, of
the General Statutes, relating to persons and property
liable to taxation,' is a la^w of the state."
OPINION OF THE COURT.
To His Excelleiicy Ezekiel A. Straw, Governor of New EampsTiire,
and the Honorable Council :
The undersigned, justices of the supreme judicial court, have con-
sidered the question raised by the joint resolution of the legislature,
as stated in your communication of August 9, 1873.
That question is, " Whether chapter 33 of the pamphlet laws of
1872, entitled ' An act in amendment of chapter 49, section 2, of the
General Statutes, relating to persons and property liable to taxa-
tion,' is a law of the state." And it is represented that said chapter
33 of said pamphlet laws never passed both branches of the legis-
lature, as was required by the constitution of this state. By said
act, parsonages were exempted from taxation.
A similar question arose in this state in 1858, in relation to an
act entitled " An act in amendment of an act prescribing the duties
of cashiers of banks," in which case an opinion of this court was
given, which was published in the 35th vol. N. H. Reports 579, in
which it was held that when an act is found lodged in the office of
the secretary of state, with other public acts passed at the same
session, signed by the speaker of the house of representatives and
the president of the senate, and approved and signed by the govern-
or, and published by authority as one of the public statutes, that
constitutes prima facie evidence that said act received the assent of
the two branches of the legislature and the approval of the govern-
or, in the manner required by the constitution to make it a valid
statute of this state.
But that the journals of each branch of the legislature are to be
considered and treated as authentic records of the proceedings, and
that they may be resorted to in such cases to ascertain whether the
two houses in fact concurred in the passage of any specified act ;
and that, if it appears by the journals that they did not thus con-
cur, the prima facie evidence derived from an examination of the
act itself will be overcome, and the act will be held to be invalid,
and of no eft'ect as a law.
The act here in question has all the requirements necessary to
make it prima facie a valid public statute. Let us examine the rec-
ords in the case, as found in the journals of the two houses of our
legislature, and see if, in fact, it did receive the necessary assent of
both branches of that body.
254 Opinion of the Court. [1873.
The journal of the senate for June session, 1872, shows, on pages
27 and 28, that on the 19th of June notice was given of an inten-
tion to introduce the bill in question ; and on page 31, that on the
20th of June it was accordingly introduced, read twice, and re-
ferred to the committee on the judiciary ; and on page 44, that on
the 25th of June it was reported from said committee without
amendment, and ordered to a third reading; and on page 61, that
on the 26th of June it was read a third time and passed ; and on
page 70, that on the 28th of June it was reported to the senate as
correctly engrossed. We have also examined the bill itself on file
in the office of the secretary of state, and find entries upon the
back of said bill corresponding with the above entries in the jour-
nal of the senate, and, in addition, a memorandum that the bill was
engrossed June 27th, 1872. But there is no entry or memorandum
on said bill tending to show that it was ever sent to or acted upon
by the house of representatives.
An examination of the journal of the house of representatives
shows, on page 49, that on June 12th notice was given of a bill " in
amendment of chapter 49 of the General Statutes relating to per-
sons and property liable to taxation ; " and on page 55, that on June
13th said bill was introduced, read twice, and referred to the com-
mittee on finance ; and on pages 171 and 172, that on June 27th
the bill was reported back to the house, with a resolution that it was
inexpedient to legislate upon the sul)ject, which resolution was
adopted. Upon examining the original bill on file, we find that said
bill related to the taxation of money at interest alone, and had no
reference to parsonages or church property.
The journal also shows, on page 99, that notice was given of the
introduction of a bill " to exempt parsonages and church property
from taxation ; " also, on page 133, notice of a bill entitled " An
act exempting parsonage houses from taxation." But there is no
record in said journal that either of said bills was ever introduced,
or read, or referred to any committee. But it appears, on page 158,
that on June 26th a bill entitled " An act to exempt parsonages
and church property from taxation " was reported from the com-
mittee on finance in a new draft, which was read a first time, and
ordered to a second reading ; and on page 161, that on the same
day the bill entitled " An act to exempt parsonages from taxation "
was read a second time, and ordered to a third reading, when it was
laid upon the table ; and on page 262, that on July 3d this bill was
taken from the table and indefinitely postponed. It also appears, on
page 189, that on June 28th the joint committee on engrossed bills
reported to the house (as they did to the senate) that " An act in
amendment of chapter 49, section 2, of the General Statutes," was
found to be correctly engrossed ; and, also, on page 207, that a mes-
sage was received in the house from the senate announcing that the
senate concurred with the house of representatives in the passage
(among others) of " An act in amendment of chapter 49, section 2,
of the General Statutes, relating to persons and property liable to
taxation."
The above are all the entries that we find in the journals of either
house relating to chapter 49, section 2, of the General Statutes, or
in relation to the taxation of parsonages or church property.
From all the evidence thus before us, it appears that the bill in
1873.] Opinion of the Court. 255
question, after its passage in the senate, June 2Gtli, was sent directly
to the engrossing clerk ; was l)y him engrossed June 27th, and was
reported to both branches by the joint committee on engrossed Ijills
on June 28th, as correctly engrossed, but that the bill was never sent
to the house of representatives for their concurrence, and that said
house never took any action whatever upon said bill.
We find, therefore, that said bill was not enacted in the form pre-
scribed by the constitution, and did not become a valid statute of
the state.
Our opinion is, that the act entitled " An act in amendment of
chapter 49, section 2, of the General Statutes, relating to persons
and property liable to taxation," purporting to have been passed at
the session of the legislature of this state, held in June, 1872, is
not legally valid and binding as a law of the state.
J. EVERETT SARGENT,
WM. L. FOSTER,
E. A. HIBBARD,
C. DOE,
W. S. LADD,
JEREMIAH SMITH.
August 20, 1873.
STATE OF NEW HAMPSHIRE.
Secretary op State's Officej
Concord, September 19, 1873.
1 hereby certify that the acts and resolves contained in this pam-
phlet have been compared with the originals in this office, and found
to be correctly printed.
B. F. PRESCOTT,
» Secretary of State,
INDEX
to
PUBLIC ACTS AND RESOLUTIONS,
PASSED JUNE SESSION, 1873.
Accounts of sheriffs *»»...
Adoption of children ......
Appi'opriation for deaf, dumb, and blind
for American Asylum at Hartford
for Historical Society
for House of Reformation
for New Hampshire Medical School
for Normal School ....
for Perkins Institute at Boston
for Prison library ....
for Prisoners' Aid Society .
for reframing portrait of Washington
for roads
for State library
Assignment of wages . . »
Badger, Joseph, thanks to . i
Bank, Savings, Exeter . . *
Bark, taxation of .
Bartlett, Josiah, thanks to . *
Belknap county, probate court in .
Bell, Charles H. , thanks to .
Bethlehem, certain territory in Grafton
Birds, eggs and young of, protected
Blind, deaf, and dumb .
Bonds and coupons, destruction of
Boundary, state, eastern survey of, authorized
Carroll county, salary of register of probate, &c.
Cemeteries and parks, pubUc
Centennial celebration at Philadelphia .
Center Harbor, part of Meredith annexed to
Chaplain of state prison, salary of
county annexed to
183
161
145
181
180
183
186
182
188
180
185
181
179
184, 185
183
147
178
177
162
178
162
178
150
151
181
168
179
174
176
187
164
180
258
Index.
[1873.
Children, adoption of
Cilley, Bradbury Poor, thanks to .
Joseph, thanks to ....
Clarksville, tax of 1871 may be legalized, how
Clerk hire in treasury department
Committee rooms, plans and estimates for
Commercial fertilizers, sale of, regulated
Contingent expenses .....
Coroners' inquests, when holden, &c.
Corporations, writs served on, how
'Council districts reorganized
Coupons and bonds, state, destruction of
Court, supreme judicial, act to facilitate decisions
opinion of
Criminal cases, recognizance in . . .
Deaf, dumb, and blind .....
Debt, floating, treasurer to issue bonds for .
Deer, time of killing changed
Deposits in savings banks, taxation of .
Dinsmoor, William, thanks to . . .
Distribution of state publications
Dixville, appropriation for repair of road in .
145
178
178
153
180
182
157
180
173
152
158-
168
155
253
163
181
152
144
144
178
175
183
Eggs and young of certain birds protected
Elwyn, Alfred Langdon, thanks to
Exeter Savings Bank, resolution in favor of
Expenses, contingent ....
151
178
177
180
Fence-viewers, fees of ... .
Fertilizers, sale of, regulated
Fishways on Winnipiseogee river .
Franconia Notch road, appropriation for
143
157
166
184
Geological specimens, arrangement of .
Geologist, state, final report of, distribution, &c. .
Grafton county, certain portion of, annexed to Bethlehem
probate court in
Greenville, boundary line established ....
185
172
150
154, 175
161
Hale's Location, proportion of public tax to
Historical Society, appropriation for
Honor, roll of .....
167
183
187
Inquests, when holden by justices of the peace
173
Judge of probate, Merrimack county, salary of
Justices of the peace and quorum to hold inquests, when
157
173
Keene police court, jurisdiction of, &c.
148
Leaf tobacco, how attached
Liquors, spirituous, law regulating sale of. amended
Loan, temporary, treasurer to issue bonds for
Logs, taxation of
Lumber, taxation of ..... .
Lyndeborough, portion of, annexed to ISIilford
Martin, Noah, Mrs., thanks to ....
Mason, boundary line of, established
Medical School, appropriation for ....
INIembers of congress, salaries of, &c. .
Meredith, portion of, annexed to Center Harbor .
Merrimack county, probate court ....
146
176
152
162
162
150
178
161
182
186
164
145
1873.]
Index.
269
Milford, part of Lyndeborough annexed to .
Milk-cans, capacity of, fixed .
Minors, &c., counsel for, how paid
Municipal war loan increased, and balance of bonds destroyed
Names changed by judges of probate
Normal School, State, appropriation for ....
150
149
173
168
189
188
Offices, public, hours for opening and closing, regulated
Opinion of supreme judicial court ....
Page, John A., thanks to . • •
Parks and cemeteries, public
Paupers, certain, where supported
Petroleum, sale, &c., of, regulated
Pierce, Frank H., thanks to .
Pigeons, act protecting, repealed
Pinkham Notch road ....
Plumer, WilUam L. and Nathaniel G. , thanks to
PoUce court of Keene, jurisdiction of, extended
Prescott, B. F., thanks to ... •
Prisoners' Aid Society, appropriation for
Probate court in Merrimack county
in Grafton county
in Belknap county .
Pubhc offices, time of opening and closing, regulated
Public printing, act in relation to
Publications, state, distribution of, &c.
Railroad trains, government of, &c.
Recognizance in criminal cases
Recruits to receive reimbursement fund, when
Reform School, appropriation for .
Register of probate, Carroll county, salary of
Merrimack county, salary of
Reimbursement fund apportioned to towns, how
Replevin, action of, may be maintained, when
in relation to suits of, duty of officer, &c
Report, final, of state geologist
RoU of honor
174
253
178
176
171
169
178
164
183
178
148
188
181
145
154, 175
162
174
149
175
166
163
146
186
174
157
147
1.54
156
172
187
Salaries of members of congress, resolution denouncing
Salary of judge of probate for Merrimack county
register of probate for Carroll county .
register of probate for Merrimack county
warden of state prison .
Savings Bank, Exeter, resolution in favor of
banks, deposits in, where taxed
duties and powers of trustees of
payment of tax of .
Secretary of state to arrange minerals, &c.
to distribute state publications
Senatorial districts reorganized
Sewerage, land taken for, &c.
Sheriffs, accounts of
Smith, Jeremiah, thanks to ... .
Spirituous hquors, law regulating sale of, amended
Stark, Charlotte, thanks to .
State house, improvement of ...
new committee rooms in
State geologist, final report of, distribution, &c.
library, appropriation for
prison, library of
publications, how distributed
Stenographer may be employed in court, when
186
157
174
157
167
177
144
163
160
185
175
159
160
161
178
176
178
182
182
172
183
185
175
151
260 Indbx. [1873.
Sullivan, John, thanks to 178
Supreme judicial court, opinion of 253
Surveyor of eastern boundary of state, appointment of, authorized . 179
Sutton, apportionment of public tax of 1872 corrected . . . 167
Taxation of wood, bark, logs, and lumber . . ... 162
Tax, savings banks, penalty for not paying 160
state, provided for 155
Thanks to Alfred Langdon Elwyn 178
John Sullivan 178
Jeremiah Smith 178
William L. and Nathaniel G. Plumer 178
Frank H. Pierce 178
Charles H. Bell 178
WUham Dinsmoor 178
Joseph Badger 178
John A. Page 178
Mrs. Noah Martin 178
Charlotte Stark 178
Joseph Cilley 178
Bradbury Poor Cilley 178
Josiah Bartlett 178
B. F, Prescott 188
Thornton, James S., thanks to 178
Tobacco, leaf, how attached 146
Treasury department, clerk hire in 180
Trustees of savings banks, duties and powers of 163
Wages, assignment of 147
Washington, portrait of 179
Warden of state prison, salary of 167
Winnipiseogee river, fishways on 166
Wood, taxation of 162
Writs, service of, on corporations, manner, &c 152
INDEX
PRlVjlTE /GTS jlHD pSOLUTIOI^S,
PASSED JUNE SESSION, 1873.
?AGE
Association, Bar, of Kew Hampshire 220, 221
Bailey Mils, name changed 196
Bailey, E. C. and G. G 250
Bar Association of New Hampshire 220, 221
Benevolent Society, St. Patrick's ........ 227
Benton, J. H., Jr. . 249
Bridge over Little Harbor river, act amended 226
Camp Meeting, Hedding, charter amended ...... 228
Church, First Baptist, in Milford, admission of members regulated . 228
City of Keene, act to estabUsh 231, 232, 233
Cheney, F. W 250
Chichester, authorized to raise fund for high school .... 233
Clarke, John B. 250
Colebrook, school districts in ........ 213
Columbia, school districts in 213
Concord, city of, sewerage in 200, 201
Conway Land and Lumber Company 226, 227
Crowell, H. P • 250
Davis, George W ^ 203
Derry and Lebanon, additional sums for reimbursement authorized . 230
Districts, school, in Weare, act amended 238
Dover Landing Aqueduct Company, charter amended . . . 243
Eastman, Edson C 247, 250
ElUott, Emma ......_ 250
Emerson, Benjamin D., establishes Hampstead High School . . 191
Engrossing clerk 249
Epping Savings Bank 197, 198
262
Index.
[1873.
Farmer, A. B. .... ...
Fire district in Pittsfield, act amended
Fire precinct of Lebanon Centre, act to ratify doings
Fitzwilliam, school district in
Folger, Allen
Forest MiUs Comj^any
Free Masons, Mount Washington Lodge of .
Gas Company, Portsmouth, authorized to extend wharf
Gyranastical and Turnverein School at Manchester
250
208
214
203
247
199, 200
206, 207
225
198
Hampstead High School, trustees of ... .
Harrisville, taxes of 1871 legalized ....
Hayes, Charles C
Heckling Camp Meeting Association, charter amended .
Hiajh school in Chichester ......
Hillsborough Mills
Hoitt, Charles W
Hollis, additional reimbursement to ... .
Hotel Company, Oceanic
Howard Benevolent Society at Portsmouth, act amended
Hubbard, Charles L., chaplain
Jaffrey, town of, school districts in ....
Kearsarge Savings Bank, charter revived
Keene, city of, act to establish .....
Water-works, better protection of . . .
Keyes. Sumner ........
Kiarsarge Summit Road Company, charter revived
Laconia Manufacturing Company ....
Ladies' Humane Society of Portsmouth
Lebanon and Derry, a further reimbursement authorized
Centre village fire precinct, act to ratify doings
Long, C. H., and others
Manchester Turnverein and Gymnastical School .
charter of, amended
Print Works, charter amended ....
& Keene Railroad, act amended ....
Print AVorks and Mills incorporated
Manufacturing Company, Laconia
Marginal Railroad in Portsmouth, incorporated
McGaw Normal Institute
Mech.anics Hall Association of New London
Merrimack Norsnal Institute, name changed
Milford, First Baptist Church in, admission of members regulated
Moody, F. G. .
Morrill & Silsby
Moses, Charles E., and others
Mount Washington Lodge of Free Masons ....
Hotel Company to fund debt
Mower, Lewis L
191, 192
229
199
228
233
195, 196
249
240, 241
243, 244
192
248
205
234
231, 232, 233
2.37
250
222
193, 194
204, 205
230
214
249
198
214
239, 240
241
242, 243
193, 194
286, 237
212, 213
209
212, 213
228
250
249
213
206, 207
221
248
Nashua, Acton & Boston Railroad, act in aid of . . . . 194, 195
& Rochester Railroad authorized to issue bonds . . 239
charter of, amended 234, 235, 244, 245, 246
city of, to construct water-works .... 210, 211, 212
Nottingham, school district in 203
Oceanic Hotel Company
Pearson, Charles C. & Co.
243, 244
249
1873.]
Index.
263
People's Savinf»;s Bank
Fittsliekl Aqueduct Company, act amended .
fire district in, act amonded
Polls in Portsmouth, time fixed for closing .
Portsmouth & Dover Railroad may erect wharves
Gas Company authorized to extend wharf
Great Falls & Conway Railroad, act relating to
Howard Benevolent Society of, act amended
schools in, act relating to .
time of closing polls in, fixed
Prescott, B. F., and others ....
Print Works and Mills, Manchester, incorporated
Manchester, charter amended
Railroad. Dover & Portsmouth
]^,Ianchester & Keene
Marginal
Nashua, Acton & Boston
Nashua & Rochester
Portsmouth, Great Falls & Conway
Windsor & Forest Line, act amended
Reed, Daniel H
Republican Press Association ....
Road Company, Wilmot and Kearsarge
Kiarsarge Summit, charter revived
Roberts, C. H.
Robinson & Tilton
Robinson, S. D.
Rochester Gas-Light Company
RoUinsford may pay bounty to certain volunteers
school district in, ...
Saco and Swift River Turnpike Company
Salem, town of
Sandy Lake Water Company ....
Savings Bank, Epping
Kearsarge . . . . '
People's ....
Squamscott ....
Sawyer Woollen JNIills .....
Schools in Portsmouth, act relating to .
Sewerage in city of Concord ....
Society, Ladies' Humane, of Portsmouth
Somersworth, doings of school in, legalized .
Squamscott Savings Bank ....
Stevens, Zelotes
St. Paul's School, act of incorporation amended
St. Patrick's Benevolent Society in Concord
Taxes in Harrisville, 1871, legalized
Trustees of Hampstead High School
Turnpike Company, Saco and Swift River
Water Company, Sandy Lake
■Water-works, city of Nashua may construct
AVater-works, Keene, better protection of
We are, school districts in ... .
Wiggin, A. H, . ....
Wilmot and Kearsarge Road Company
Wilton Company, act to incorporate
Windsor & Forest Line Railroad, act amended
Winuepesaukee Mills, Bailey Mills changed to
223,
221
205
208
238
219
225
200
192
225
238
249
242
243
239,'
240
200,
219
241
' 230,
237
lOi,
195
239
200
230
203
248
216
,* 217,
218
222
250
249
249
'207,
208
229
199
222
223
247
'203
204
197
198
234
223
224
201
202
215
216
.
225
200
201
204
205
,
215
201
202
250
215
•
227
229
' 191
192
222
, 223
203
204
210, 211
, 212
.
237
238
249
216* 217
,218
219
, 220
230
.
190
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