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Full text of "Laws of the State of New Hampshire"



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LAWS 



STATE or NEW HAMPSHIRE, 



PASSED JUNE SESSION, 1878. 




CONCOED: 
JOSIAH B. SANBORN, 

1878. 



/ 



STATE OFFICERS. 



BENJAMIN F. PRESCOTT, Governor. 

AI B. THOMPSON, Secretary of State. 

ISAAC W. HAMMOND, Deputy Secretary of State. 

SOLON A. CARTER, State Treasurer. 

JOHN B. CLARKE, Public Printer. 

DAVID H. BUFFUM, President of the Senate. 

CALVIN SANDERS, Clerk of the Senate. 

AUGUSTUS A. WOOLSON, Speaker of the House. 
^ ALPHEUS W. BAKER, Clerk of the House. 

\o IRA CROSS, Adjutant- General. 

k JOHN C. PILSBURY, Warden of State Prison. 

OLIVER PILLSBURY, Insurance Commissioner. 
^ CHARLES A. DOWNS, Superintendent of Public Instruction. 

^ JAMES 0. ADAMS, Secretary of Board of Agriculture. 

f/) WILLIAM H. KIMBALL, State Librarian. 



SUPREME COURT. 



> Associate Justices. 



CHARLES DOE, Chief Justice. 

WILLIAM L. FOSTER, ^ 

CLINTON W. STANLEY, 

ISAAC W. SMITH, 

GEORGE A. BINGHAM, 

WILLIAM H. H. ALLEN, 

LEWIS W. CLARK, 

MASON W. TAPPAN, Attorney- General. 

EDWARD A. JENKS, Law Reporter. 



2=0 1% 



LAWS 



STATE OF NEW HAMPSHIRE 



PASSED J\]m SESSION, 1878. 



CHAPTER 1 



AN ACT TO EMPOWER SELECTMEN OF TOWNS TO MAKE BY-LAWS FOR 
LICENSING, REGULATING, OR RESTRAINING DOGS IN CERTAIN CASES. 



Section 
1. Selectmen may make by-laws when towns have 
neglected to do so. 



Section 
2. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in 
General Court convened : — 

Section 1. That whenever any town has neglected to make b j- ^^i^^^^^f^^^^y 
laws for licensing, regulating, and restraining dogs according to ^^^^'^j^^^'^'^^ftg^ 
section sis of chapter one hundred and five of the General Statutes, to do so. 
the selectmen of said town shall make such by-laws for licensing, 
regulating, or restraining dogs as they shall deem expedient, and 
shall affix penalties for the violation thereof, not exceeding five 
dollars ; and the sum to be paid for a license shall not be less than 
two dollars on male dogs and five dollars on female dogs ; said by- 
laws so made by said selectmen to be in force till changed by them, 
or by the town at a legal meeting. 

Sect. 2. This act shall take effect upon its passage. ^^n '^''*' 

[Approved June 26, 1878.] 



150 Chapters 2, 3. ' [1878. 



CHAPTER 2. 

AN ACT IN AMENDMENT OF SECTION ONE, CHAPTER NINE OF THE PAM- 
PHLET LAWS OF 1873, IN RELATION TO THE ASSIGNMENT OF WAGES. 

Section 1. Town-clerks to keep alphabetical list of assignments of wages. 

Be it enacted by the Senate and House of Representatives in 
General Court cofivened : — 

Town-clerks to Sect. 1. Amend by adding after the word "lives" in said 

keep alphabeti- tiiiipi 

caiiistof assign- section one, the words " and the clerks oi the several towns and 
wages, ^i^^gg gj^^ij ^QQ-p fQY public iiispection an alphabetical list of all such 



orders and assignments filed with them." 
[Approved June 26, 1878.] 



CHAPTER 3 



AN ACT IN RELATION TO CLERKS OF COURTS IN AMENDMENT OF SEC- 
TION THREE, CHAPTER ONE HUNDRED AND NINETY-THREE OF GEN- 
ERAL STATUTES. 



Section 

1. Clerk for each county to attend law terms only 
when required by supreme court. 



Section 
2. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in 
General Court convened : — 

Clerk for each Sect. 1. That sectloH thrco, chapter one hundred and ninety- 

countv to attend <•/-< im itti it p i 

law terms only three 01 Gcucral statutes, be amended by adding next alter the 
by sSp^e'S^'^^'^ word " belongs," in the second line of said section, the words 
court. u when required by the supreme court." 

Takes effect, Sect. 2. Tliis act sliall take effect on its passage. 

[Approved July 2, 1878.] 



1878.] Chapters 4, 5. 151 



CHAPTER 4. 

AN ACT IN AMENDMENT OF SECTION TWO, CHAPTER TWO HUNDRED 
AND SEVENTY-TWO OP THE GENERAL STATUTES, RELATING TO FEES 
OF JUSTICES OF THE PEACE. 

SiOTiON I Section 

1. Justice's fee, $2 for each full day occupied in 2. Takes effect, when, 
examining criminal cases, | 

Be it enacted by the Senate and Home of Representatives in 
General Court convened : — 

Sect. 1. After the word " dollar," in the ninth line of said Ju«tice^«^f^, $2^ 
section two, add, "Provided, however, that ,in case said examina- occupied in ex- 
tion shall occupy the time of said justice for a full day or more, he n^'casfs!™"' 
shall be allowed the sum of two dollars per day, for the time so 
occupied." 

Sect. 2. This act shall take effect after its passage. wtn '**'"*' 

[Approved July 2, 1878.] 



CHAPTER 5 



AN ACT IN AMENDMENT OF AN ACT TO ANNEX A PORTION OF NASH 
AND sawyer's LOCATION, IN THE COUNTY OF COOS, TO THE TOWN 
OF CARROLL, IN SAID COUNTY, APPROVED JUNE 22, 1848. 



Section 

1. Territory annexed to the town of Carroll. 

2. Acts repealed. 



Section 
3. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in 
General Court convened : — 

Sect. 1. That all the territory in the county of Coos which is Territo^^^an- 
included within the following boundaries, to wit : Beginning at the town of carroii. 
stake standing on the west bank of the Ammonoosuc River, about 
south of the Fabyan House, so called ; thence south 12°, east fif- 
teen rods to a spruce-tree standing on the line of Nash and Saw- 
yer's Location ; thence on the line of said location south 52|^°, east 
200 rods to a balsam-tree ; thence north 68°, east 80 rods to a 
spruce ; thence north 20°, west to the line of the town of Carroll ; 
thence on said Carroll town line to Ammonoosuc River ; thence up 
said river to the bound begun at, — be and the same is hereby an- 
nexed to said town of Carroll. 

Sect. 2. All acts and parts of acts inconsistent with this act Acts repealed, 
are hereby repealed. 

Sect. 3. This act shall take effect on its passage. i^es effect, 

[Approved July 2, 1878.] 



152 



Chapters 6, 7. 



[1878. 



CHAPTER 6. 

AN ACT TO LEGALIZE THE DOINGS OF THE TOWN OF BENTON AT THE 
LAST ELECTION IN MARCH. 

Section I Section 

1. Proceedings of town-meeting of 1878 ratified- | 2. Takes effect, when. 

Be it enacted by the Senate and House of Representatives in 
General Court convened : — 



Proceedings of 
town-meeting 
of 1878 ratified. 



Takes effect, 
when. 



Sect. 1. That all the proceedings and doings of the town of 
Benton, in town-meeting assembled, at the annual election last 
March, and all sums of money voted to be raised by taxation at 
said meeting, and all taxes assessed according to any vote of said 
town at said meeting, be and the same are hereby ratified and con- 
firmed, and all warrants for taxes issued by said town are made 
valid. 

Sect, 2. This act shall take effect upon its passage. 

[Approved July 2, 1878.] 



CHAPTER 7. 

AN ACT IN AMENDMENT OF CHAPTER TWO HUNDRED AND THIRTY- 
THREE OP THE GENERAL STATUTES, RELATING TO NOTICES OF HEAR- 
INGS AFFECTING SCHOOL-DISTRICTS. 

Section i Section 

1. Notices of hearings affecting school-districts. | 2. Takes effect, when. 

Be it enacted by the Senate and House of Representatives in 
General Court convened : — 



S^saflectin''^'^' ^ECT. 1. That sBctiou tlircc of chapter two hundred and thirty- 
schooi-districts. thrcc of tlic General Statutes be amended by inserting after the 
word " therein," in the fourth line of said section, and before the 
word " and " in the same line, the words " if any, otherwise in one 
or more public places in the district ; " so that the same may read 
" on the door of the school-house therein, if any, otherwise in one 
or more public places in the district." 

Sect. 2. This act shall take effect upon its passage. 
[Approved July 2, 1878.] 



Takes effect, 
when. 



1878.] Chapters 8, 9. 163 



CHAPTER 8. 

AN ACT TO DISANNEX SO MUCH OP THE HOMESTEAD PARMS OP JOHN 
0. COBB AND OLIVER P. SKILLINGS, AS LIES ON THE NORTH BANK 
OP THE SACO RIVER, PROM HART's LOCATION AND ANNEX THE 
SAME TO THE TOWN OP BARTLETT. 

Section I Section 

1. Town lines changed. | 2. Takes effect, when. 

Be it enacted by the Senate and House of Representatives in 
General Court convened: — 

Sect. 1. So much of the homestead farms of John 0, Cobb and ^^^^^'^^'^ 
Oliver F. Skillings, as lies on the north bank of the Saco River, 
shall be disannexed from Hart's Location and annexed to the town 
of Bartlett, both in the county of Carroll. 

Sect. 2. This act shall take effect from its passage. w^"^*^^*' 

[Approved July 2, 1878.] 



CHAPTER 9. 

AN ACT IN AMENDMENT OP SECTION POURTEEN, CHAPTER PIPTY-POUR 
OP THE GENERAL STATUTES, RELATING TO THE COLLECTION OP 



RESIDENT TAXES. 

Section 

1. Notice of sale of real estate for taxes. 

2. Acts repealed. 



Section 
3. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in 
General Court convened : — 

Sect. 1. Section fourteen of chapter fifty-four of the General f^^^'^J^^^^^^^^ °^ 
Statutes is hereby amended by inserting after the word " town," intakes, 
the second line of said section, the following words : " and by pub- 
lication for three successive weeks in some newspaper printed in 
the county or judicial district in which said town is situate, the 
charges for such advertising to be collected in the same manner as 
provided in case of non-resident taxes." 

Sect. 2. All acts and parts of acts inconsistent with this act are ^<='' ^^p^^^®'^- 
hereby repealed. 

Sect. 3. This act shall take effect upon its passage. when^^^''*' 

[Approved July 11, 1878.] 



154 



Chapters 10, 11. 



[1878. 



CHAPTER 10. 



AN ACT TO PREVENT THE DEFACEMENT OF NATURAL SCENERY, 
FOR OTHER PURPOSES. 



AND 



Penalty for de- 
facing natural 



Section 1. Penalty for defacing natural scenery. 

Be U enacted by the Senate and House of Representatives in 
General Court convened : — 

Sect. 1. "Whoever paints or puts upon or in any manner affixes 
to any fence, bridge, or other structure, or to or upon any rock or 
other natural object, the property of another, any words, device, 
trade-mark, advertisement, or notice, without first obtaining the 
consent thereto of the owners of such property, shall, upon com- 
plaint of the owner or tenant of such property, or the city or town 
authorities within whose limits the offense is committed, be pun- 
islied by a fine not exceeding twenty-five dollars for each offense ; 
provided, that this act shall not apply to any notice required by 
law to be posted in a particular place. 

[Approved July 15, 1878.] 



CHAPTER 11. 

AN ACT IN AMENDMENT OF SECTION ONE, CHAPTER TWENTY-THREE OF 
THE PAMPHLET LAWS OP 1877, RELATING TO THE JURISDICTION OF 
POLICE COURTS IN CIVIL CASES. 

Section 1. Act limited to police courts. 

Be it enacted by the Senate and House of Representatives in 
General Court convened : — 



Act limited to 
police courts. 



Sect. 1. That said section one shall be amended by striking 
out the words " justices of the peace and," in the first line of said 
section, so that the same shall read, " In all suits before police 
courts, the action shall be made returnable in the town or city 
where the plaintiff or defendant resides, and no party summoned 
as trustee shall have judgment entered against him until after no- 
tice has been given him to disclose, or after disclosure made, as 
now provided by law." 

[Approved July 15, 1878.] 



1878.] Chapters 12, 13. 155 



CHAPTER 12. 

AN ACT RELATING TO PETIT JURORS. 



Section 

1. Person having cause pending not to act as 
juror at tliat term. 



SecnoN 
2. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in 
General Court convened : — 

Sect. 1. That no person shall serve as a petit juror at any ^^^'^^""pg*^^^^"! 
trial term of the supreme court, at which term he has a cause not^to^act^as 
pending in said court which may be tried by jury at the term he is term, 
so summoned to serve as a juror, but such person shall be dis- 
charged from service as a juror at said term. 

Sect. 2. This act shall take effect from its passage. T^es effect, 

[Approved July 15, 1878.] 



CHAPTER 13. 

AN ACT IN AMENDMENT OF CHAPTER THIRTY-EIGHT OF THE PAM- 
PHLET LAWS OF 1874, ENTITLED, " AN ACT FOR THE BETTER PRES- 
ERVATION OF BIRDS, GAME, AND FUR-BEARING ANIMALS." 

Section I Section 

1. Protection of game birds extended. I 2. Takes effect, when. 

Be it enacted by the Senate and House of Representatives in 
General Court convened : — 

Sect. 1. Section six of chapter thirty-eight of the Pamphlet P^otecUono^f^^ 
Laws of 1874 shall be amended as follows: the words, '•'the fourth tended. 
day of July," in second line of said section, shall be stricken out, 
and the words, " the first day of August," inserted instead thereof. 

Sect. 2. This act shall take effect upon its passage. t^^s effect, 

[Approved July 15, 1878.] 



156 



Chapters 14, 15, 



[1878. 



CHAPTER 14, 



AN ACT TO AUTHORIZE ENLARGEMENTS OF THE NEW STATE-PRISON. 



Section 

1. Sixty-four additional cells authorized ; plans 
to be approved ; cost limited. 



Section 

2. Governor to draw warrants and treasurer to 

issue bonds to cover cost of enlargements. 

3. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in 
General Court convened : — 



Sixty-four ad- 
ditional cells 
authorized ; 
plans to be ap- 
proved ; cost 
limited. 



Governor to 
draw warrants 
and treasurer to 
issue bonds to 
cover cost of en- 
largements. 



Takes effect, 
when. 



Sect. 1. That the commissioners appointed to superintend the 
erection and completion of a new state-prison are hereby author- 
ized to provide for enlargement of the same from the plans hereto- 
fore made therefor, so as to include at least sixty-four cells in 
addition to the number included in said plans, together with the 
other additional accommodations proper to be provided in connec- 
tion with the same ; and to make such arrangements and contracts 
for said enlargement as they may think proper ; provided, however, 
that the plans for said enlargement, and said provisions and con- 
tracts therefor, shall be approved by the governor and council ; 
and further provided, that the whole cost of constructing and 
completing the prison, including said enlargements, in all respects 
as provided in the original act of July 19, 1877, in relation thereto, 
shall not be increased by a sum exceeding thirty thousand dollars 
in addition to the sum of two hundred thousand dollars mentioned 
in said act. 

Sect. 2. The governor shall draw his orders on the state treas- 
urer for the amounts which may be required for the purposes of 
said enlargement as hereinbefore provided ; and the state treasurer, 
under the direction of the governor and council, shall issue bonds 
or certificates of indebtedness, as provided in the original act afore- 
said, for the same amounts, not, however, exceeding in the aggre- 
gate the sum of thirty thousand dollars in addition to the sum of 
one hundred and ten thousand dollars mentioned in said act. 

Sect. 3. This act shall take effect upon its passage. 

[Approved July 15, 1878.J 



CHAPTER 15. 

AN ACT LEGALIZING ALL THE TAXES ASSESSED IN THE TOWN OF 
EASTON FOR THE YEAR 1878. 



Taxes of 1878 
legalized. 



Section 
1. Taxes of 1878 legalized. 



Section 
2. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in 
General Court convened : — 

Sect. 1. That all the taxes assessed by the board of selectmen 
of the town of Easton for the year 1878 be and the same hereby are 



1878.] Chapters 15, 16, 17. 157 

made legal ; and all doings of the selectmen and the collector of 
taxes in said town, in relation to the assessment, inventory, and 
collection of all taxes in said town for said year, are hereby ratified, 
confirmed, and legalized. 

Sect. 2. This act shall take effect upon its passage. w^n* **^^*'*' 

[Approved July 15, 1878.] 



CHAPTER 16. 



AN ACT REGULATING THE SALE OF LAGER BEER. 



Section 

1. Penalty for selling malt liquora. 

2. Prosecution of complaints. 



Section 

3. Acts repealed. 

4. Local option. 



Be it enacted by the Senate and House of Representatives in 
General Court convened : — 

Sect. 1. If any person, not being an agent of a town or city ?«^^*y^^°?"^^^^'J;^ 
for the purpose of selling spirituous liquors, shall sell, or keep for 
sale, lager beer or other malt liquors not included in the list of 
those already prohibited by law, such person shall be fined ten dol- 
lars for the first offense, and for every subsequent offense fifty 
dollars. 

Sect. 2. Complaints under this act shall be prosecuted in the Prosecution of 
same manner as provided in the General Statutes regulating the 
sale of spirituous and intoxicating liquors. 

Sect. 3. All acts and parts of acts inconsistent with the provis- Acts repealed, 
ions of this act are hereby repealed. 

Sect. 4. This act shall be enforced only in such towns as shall, Local option, 
by a majority vote, so decide. 

[Approved July 18, 1878.] 



CHAPTER 17. 

AN ACT IN AMENDMENT OP CHAPTER SIXTY-TWO OP THE LAWS OP 
1877, ENTITLED, "AN ACT FOR THE PROTECTION OF OYSTER-BEDS." 



Section 

1. Taking oysters certain months prohibited ; 

dredging prohibited. 

2. Penalty. 



Section 

3. Acts repealed. 

4. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in 
General Court convened : — 

Sect. 1. That section one of chapter sixty-two of the laws of Jg^,?"/^^ ^^^^^^^^ 
this state passed at the June session, 1877, approved July 19, 1877. prohibited; 



158 



Chapters 17, 18, 19. 



[1878. 



dredging pro- 
hibited. 



Penalty. 



Acts repealed. 



Takes effect, 
when. 



is hereby amended so as to read as follows, to wit : No person 
shall take oysters from Great Bay, in the county of Rocking- 
ham, or any of its tributaries, during the months of June, July, 
and August ; nor shall any person dredge for oysters through holes 
cut in the ice on said Great Bay or any of its tributaries during any 
month in the year, unless said oysters have been bedded there by 
the person so taking or dredging for them. 

Sect. 2. Any person violating the provisions of this act shall 
be fined not less than twenty nor more than one hundred dollars 
for each offense. 

Sect. 3. All acts and parts of acts inconsistent with this act are 
hereby repealed. 

Sect. 4. This act shall take effect upon its passage. 

[Approved July 18, 1878.] 



Takes eifect, 
when. 



CHAPTER 18. 

AN ACT IN AMENDMENT OF CHAPTER FORTY-SIX OF THE PAMPHLET 
LAWS OF 1877, ENTITLED, " AN ACT REGULATING THE TAKING OF 
FISH." 



Section 
1. Word defined. 



Section 
2. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in 
General Court convened : — 

Word defined. Sect. 1. That the word " private," whcrevcr it occurs in sec- 
tion one of the act to which this act is an amendment, shall be 
interpreted to apply only to such ponds, streams, or springs wholly 
within the control of some person owning the land around the same, 
who has made some improvement or expended money or labor in 
stocking the same with fish for his own use. 

Sect. 2. This act shall take effect upon its passage. 

[Approved July 18, 1878.] 




CHAPTER 19. 



AN ACT MAKING AN APPROPRIATION FOR THE STATE NORMAL SCHOOL. 



Section 

1. $3,000 appropriated. 

2. Trustees to report how money has been ex- 

pended. 



Section 
3. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in 
General Court converted : — 



$3,000 appropri- Sect. 1. That the sum of three thousand dollars be appro- 
priated for the support and maintenance of the state normal school 



1878.] Chapters 19, 20, 21. 159 

at Plymouth, to be expended under the direction of the trustees of 
said school, for the time being, who are hereby authorized to use 
the same to pay for the services of teachers by them em])loyed in 
said school, and for repairs and improvements of the buildings and 
property belonging to the school, and for such other expenses as 
are incident to the support of the school ; and the governor is 
hereby authorized to draw his warrant upon the state treasurer for 
said sum in favor of said trustees or such officers as they shall des- 
ignate to receive it. 

Sect, 2. The said trustees, in their reports to the legislature, Trustees to re- 
shall state what use they have made of the money so appropriated, hafbeen «-°*^ 
Sect. 3. This act shall take effect from and after its passage, ^^ll'^s 
[Approved July 18, 1878.] whelf.* ^"^ ' 



CHAPTER 20. 

AN ACT RELATING TO THE MALICIOUS INJURY OF ICE USED OR TO BE 
USED AS AN ARTICLE OP MERCHANDISE, 

Section I Section 

1. Penalty for damaging ice. | 2. Takes effect, when. 

Be it enacted by the Senate and House of Represeiitatives in 
General Court convened : — 

Sect. 1. Whoever willfully, maliciously, and without right or Penalty for 
license, cuts, injures, mars, or otherwise damages or destroys any '^*™^'°^ '*^® 
ice, upon any waters within this state from which ice is or may be 
taken as an article of merchandise, whereby the taking thereof is 
hindered or the value thereof diminished for that purpose, shall be 
punished by a fine not exceeding one hundred dollars. 

Sect. 2. This act shall take effect upon its passage. Takes effect, 

[Approved July 18, 1878.] "^™- 



CHAPTER 21. 

AN ACT FOR THE RELIEF OF THE TOWN OF FRANKLIN. 

Section | Section 

1. Part of state and county taxes abated. | 2. Takes effect, when ; acts repealed. 

Be it enacted by the Senate and House of Representatives in 
General Court convened : — 

Sect. 1. The state treasurer is hereby authorized and required Part of state and 
to abate from the state tax for 1878 to be paid by the town of Sd.*^''^' 
Franklin, in the county of Merrimack, one dollar and sixty-four 
cents for every one thousand dollars of the entire stnte tax, and to 



160 



Chapters 21, 22. 



[1878. 



Takes effect, 
when ; acts re- 
pealed. 



make the same proportional abatement annually thereafter of the 
state tax to be paid by said Franklin during the period of appor- 
tionment fixed by the act of July 20, 1876, entitled, " An act to 
establish a new proportion for the assessment of public taxes." 
And the treasurer of the county of Merrimack is also hereby author- 
ized and required to make a proportional annual abatement from 
the amount of county tax to be paid by said Franklin in 1878, and 
subsequently until a new proportion for the assessment of public 
taxes shall be made. 

Sect. 2. This act shall take effect upon its passage, and all acts 
and parts of acts inconsistent therewith are hereby repealed. 

[Approved July 18, 1878.] 



CHAPTER 22. 

AN ACT IN AMENDMENT OF SECTION THIRTY-THREE, CHAPTER ONE OF THE 
ACTS OF 1868, IN RELATION TO THE EXEMPTION OF HOMESTEADS. 



Section 

1. Right of homestead vested in husband in cer- 

tain cases. 

2. Husband to have life-estate in deceased wife's 

homestead. 



Section 

3. Homestead exempted to unmarried person. 

4. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in 
General Court convened : — 



Right of home- 
stead vested in 
husband in 
certain cases. 



Husband to have 
life-estate in de- 
ceased wife's 
homestead. 



Homestead ex- 
empted to un- 
married person. 



Takes effect, 
when. 



Sect. 1. That upon the death of the wife, leaving no children 
under twenty-one years of age, and whenever the children named 
in said section shall arrive at the age of twenty-one years, the 
mother being dead, the homestead exemption mentioned in said sec- 
tion shall be exempted to the husband, if living. 

Sect. 2. In case the legal title to the homestead is in the wife 
at the time of her decease, and after the children shall arrive at 
twenty-one years of age, the life-estate of the surviving husband, 
not exceeding the value of five hundred dollars, shall be exempt to 
him. 

Sect. 3. And in case an unmarried person is the owner or occu- 
pant of a homestead, such homestead, to the value aforesaid, shall 
be exempt to such person. 

Sect. 4. This act shall take effect upon its passage. 

[Approved July 25, 1878.] 



1878.] Chaptkk 23. 161 



CHAPTP]R 23. 

AN ACT TO REGULATE THE CHOICE OF STATE AND COUNTY OFFICERS UNDER 
THE AMENDED CONSTITUTION. 



Section 

1. Railroad commissioners to be elected bien- 

nially. 

2. County officers, time of election ; terra of 

office of present incumbents. 

3. Returns of votes for county officers to be 

made to supreme court. 



Section 

4. Their term of office begins on the first day of 

January. 

5. Assessment of annual state tax provided 

for. 
C. Assessment of annual county tax regulated. 



Be it enacted hy the Senate and House of Representatives in G-eneral 
Court convened: — 

Sect. 1. Three railroad commissioners shall be elected in [No- Ra"road com- 
vember] 1878, and biennially thereafter, who shall enter upon the elected wenni- 
discharge of their duties on the first Wednesday of June following*"^' 
their election, and hold their office for two years and until others 
are chosen and qualified in their stead. 

Sect. 2. A register of deeds, register of probate, treasurer, c^°ty officers^ _ 
sheriff, and solicitor, and three county commissioners shall be elect- term of office of' 
ed in November, 1878, for each county in the state, who, upon being Eents"* ""''""" 
duly qualified, shall assume the duties of their respective offices on 
the first Wednesday of June, 1879 ; and all county officers elected 
last March shall, by virtue of such election, hold their offices and 
perform the duties thereof up to said first Wednesday of June next, 
and each county commissioner whose term of office would expire 
next previous thereto shall hold his office u]j to said day. 

Sect. 3. The town and ward clerks shall transmit the returns Returns of j^tes 
of votes for all county officers to the clerk of the supreme court forcers^to^bemad'e 
the county in which such town or ward is located, on or before the courT^™^ 
thirtieth day of the same Norember in w^hich the election is holden. 
And said clerks shall have said votes with them at the law term of 
the supreme court holden at Concord on the first Tuesday of De- 
cember next after such election, and at said term said court shall 
examine the returns of votes and record and count the same, and 
the person who has received the highest number of votes for each 
office in the several counties shall at said term of said court be de- 
clared to be elected. 

Sect. 4. After the election of 1880, and every subsequent bien-Theb-^ermof^ 
nial election, the county officers elected at such election shall, upon the first day of 
being duly qualified, commence their terms of office, and begin the "^''°"^'"^" 
discharge of their duties as such, on the first day of January next 
following their election, and shall hold such offices for two years 
and until others are chosen and qualified in their stead. 

Sect. 5. The legislature shall, at its biennial session, order such ^^^^l^2^^;^\^^ 
an amount of state tax as they deem necessary to be assessed in provided for. 
each year, and shall specify the amount and time of payment of the 
tax for each year separately in such a manner that the state taxes 
for each year may be as nearly uniform as may be. 

Sect. 6. The county convention for each county shall, during A^se^ment^of 
the session of the legislature, raise or grant a county tax for its tax regulated. 
3 



162 



Chapters 23, 24, 25. 



[1878. 



county for two years, but the tax for each year shall be voted sepa- 
rately for that year, and shall be collected in the year for which it 
was voted. 

[Approved July 25, 1878.] 



CHAPTER 24. 

AN ACT FOR THE RELIEF OF THE TOWN OF MILTON, AND IN AMENDJIENT 
OF CHAPTER FORTY-NINE OF THE PAMPHLET LAWS OF 1876, ENTITLED, 
"AN ACT TO ESTABLISH A NEW PROPORTIONMENT FOR THE ASSESSMENT 
OF PUBLIC TAXES." 



Section 
1. Part of state and county taxes abated. 



Section 
2. Takes effect, when ; 



acts repealed. 



Part of state 
and county taxes 
abated. 



Takes eifect, 
when ; acts re- 
pealed. 



Be it enacted hy the Senate and House of Representatives in G-eneral 
Court convened: — 

Sect. 1. That the state treasurer is hereby authorized and re- 
quired to abate from the state tax for 1878 to be^paid by the town 
of Milton, in the county of Strafford, fifty cents ""(10.50) for every 
one thousand dollars (11,000) of the entire state tax, and to make 
the same proportional abatement annually thereafter of the state 
tax to be paid by said town of Milton during the period of appor- 
tionment fixed by an act of July 20, 1876, entitled, " An act to 
establish a new proportionment for the assessment of public taxes ; " 
and the treasurer of the county of Strafford is also hereby authorized 
and required to make a proportional annual abatement from the 
amount of county tax to be paid by said town of Milton in 1878, 
and subsequently until a new proportionment for the assessment 
of public taxes shall be made. 

Sect. 2. This act shall take effect upon its passage, and all acts 
and parts of acts inconsistent therewith are hereby repealed. 

[Approved July 25, 1878.] 



CHAPTER 25 



AN ACT IN ADDITION TO AND IN AMENDMENT OF AN ACT ENTITLED, "AN 
ACT IN CO-OPERATION WITH THE UNITED-STATES COAST SURVEY, IN THE 
TRIANGULATION OF THE STATE," PASSED AT THE JUNE SESSION OF THE 
LEGISLATURE IN THE YEAR OF OUR LORD 1872, AND APPROVED JULY 3, 1872. 



Section 
1. Coast-survey signals may be set in places 
named. 



Section 
2. Takes effect, when. 



Coast-survey k^t.'^-i. 

signals may be : „ „1 „ j „ 

set in places iiiuiiiuc 
named. 



Be it enacted hy the Senate and Souse of Representatives in General 
Court convened: — 

Sect. 1. The provisions of said act shall be so extended as to 
elude the following unincorporated places, grants, and purchases, 



1878.] Chapters 25, 26. 163 

of the state, to wit : Hale's Location, Elkins' Grant, Sargent and 
Elkins' Grant, Hatch and Cleaves' Grant, Raymond's Grants, Bean 
and Gihnan's Purchase, Wentworth's Location, Bean's Purchase, 
Chandler's Purchase, Crawford's Purchase, Dixville Purchase, Dix's 
Grant, Erving's Grant, Green's Grant, Gilmanton and Atkinson 
Academy Grant, Kilkenny, Low and Burbank's Grant, Martin's 
Location, Millsfield, Nash and Sawyer's Location, Sargent's Pur- 
chase, Odell, Pinkham's Grant, Second College Grant, Success, 
Thompson and Meserve's Purchase, Crawford's Grant, Cutts' Grant. 

Sect. 2. This act shall take efi'cct on its passage. Takes effect, 

[Approved July 25, 1878.] 



CHAPTER 26. 

AN ACT IN RELATION TO PROBATE COURTS. 



Section 
1. Regular term of court happening on holiday, 
to be held next secular daj'. 



Section 

2. Additional terms in Strafford county. 

3. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in Creneral 
Court convened : — 

Sect. 1. That whenever a regular term of any probate court Re^^i'^^^term of 
shall happen on a legal holiday, or day of state elections, said pro- on holiday, to be 
bate court shall be held on the next secular day thereafter ; and laVday?* ^^'"^' 
all notices, reports, orders, continuances, and papers which are 
made returnable to said regular term shall be held and deemed 
returnable to said next secular day, and the proceedings thereon 
shall be held and deemed to be of the same force and validity as 
if said notices, reports, orders, continuances, and papers had been 
made returnable to said next secidar day. 

Sect. 2. In addition to the regular terms of the probate court Additional terms 
for the county of Strafford, a regular term of said court shall be coimtyf^"'^'^ 
held at Dover on the second Tuesdays of April, July, September, 
and December. 

Sect. 3. This act shall take effect upon its passage. Takes effect, 

[Approved July 25, 1878.] 



164 



Chapter 27. 



[1878. 



CHAPTER 27. 

AN ACT EELATING TO HAWKERS AND PEDDLERS AND OTHER PERSONS. 



Section 

1. Penalty for peddling without license. 

2. What persons exempted. 

3. Clerk of supreme court to grant license. 

4. Fee for license ; clerk to transmit fees to state 

treasurer. 



Section 

5. Punishment for refusing to show license. 

6. Justice of the peace may order offender to be 

arrested ; disposition of fines. 

7. Repealing clause. 



Be it enacted by the Senate and House of Repi'esentatives in General 
Court convened : — 



Penalty for 
peddling with- 
out license. 



What persons 
exempted. 



Clerk of supreme 
court to grant 
license. 



Fee for license. 



To be sent to 
state treasurer. 



Punishment for 
refusing to show 
license. 



Sect. 1. Every hawker, peddler, and auctioneer merchant, and 
every itinerant merchant or trader, doing business in any town or 
city of this state temporarily, who shall not on the first day of April 
have been assessed on his stock of goods, or other persons going 
from place to place either on foot or with horse, or otherwise carry- 
ing for sale or exposing for sale any wares or merchandise without 
license, shall be punished by fine as follows : — 

For hawker and peddler, not less than twenty nor more than one 
hundred dollars ; for auctioneer merchant, not less than fifty nor 
more than two hundred dollars ; for itinerant merchant, not less 
than one hundred nor more than two hundred dollars. 

Sect. 2. The provisions of the preceding section shall not apply 
to any agent or hired person whose business is to carry samples or 
specimens for wholesale trade, nor for the sale or exposing for sale 
fish, fruits, vegetables, provisions, fuel, newspapers, or any produc- 
tion of his own industry ; nor to any citizen of this state who shall 
present to the clerk of the supreme court a certificate from the se- 
lectmen of the town in which he resides, of his inability to earn a 
subsistence by manual labor, by reason of ill-health or decrepitude, 
which certificate shall be of no effect till recorded by such clerk, 
who shall receive therefor twenty-five cents. 

Sect. 3. The clerk of the supreme court may grant such license 
for one year only, upon application and satisfactory evidence being- 
given of a good moral character. Such license shall be recorded in 
the county clerk's records and a copy of the record given to the 
person applying, the fee for which shall be one dollar, to be paid by 
the applicant. 

Sect. 4. Such license shall be of no avail until the person ap- 
plying shall pay or cause to be paid to the said clerk in each county 
where he proposes to do business, as follows : For hawker and ped- 
dler, the sum of ten dollars ; for auctioneer merchant, the sum of 
twenty dollars ; for itinerant or temporary merchant, the sum of 
fifty dollars. And the said clerk shall sign a receipt for the same 
on the back of said license ; and the said clerk shall, within ten 
days, transmit such sum to the state treasurer for the use of the 
state ; and a receipt from the state treasurer shall be a sufficient 
voucher for the faithful performance of the provisions of this sec- 
tion. 

Sect. 5. If any person as aforesaid shall refuse to show his 
license when requested by any person, he shall be punished in the 
manner as for exposing goods for sale without license. 



1878.] Chapters 27, 28, 29. 165 

Sect. 6. Every justice of the peace, on application, for any vio- Ju8«^e^may or. 
lation of this act may, by warrant, cause the offender to be arrested, be arrested, 
and order him to recognize with sufificient surety for his appearance 
at the next term of the sui)reme court liolden in and for the county 
where such offense is committed, to answer for said offense. And Disposition of 
the fines for such offense shall be paid to the said clerk, which shall 
by him be paid, one-half to the complainant, and one-half to the 
state treasurer for the use of the state, in the same manner as the 
transmission of the sum received for the license. 

Sect. 7. All acts or parts of acts inconsistent with this act arefj^P^^J'^s 
hereby repealed. 

[Approved July 25, 1878.] 



CHAPTER 28. 

AN ACT IN AMENDMENT OF "AN ACT TO INCREASE THE REVENUE OF THE 
STATE OF NEW HAMPSHIRE," PASSED IN THE JUNE SESSION, 1877. 

Section | Section 

1. Act amended. I 2. Takes effect, when. 

Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. That said act is hereby amended in the sixteenth line Act amended. 
of the printed copy of said act as printed in the public laws, by 
adding, after the word " authorized," in said sixteenth line, the 
following words : " In said act so incorporating, chartering, renew- 
ing, or extending said corporate powers." 

Sect. 2. This act shall take effect from and after its passage. Takes effect, 
[Approved July 25, 1878.] "'''°- 



CHAPTER 29. 

AN ACT TO SEVER A PART OF A LOT OF LAND FROM WILMOT AND ANNEX 

IT TO DANBURY. 



Section 
1. Town lines changed. 



Section 

2. Proportional transfer of debt ; repealing 
clause. 



Be it enacted hy the Senate and House of Representatives in G-eneral 
Court convened: — 

Sect. 1. That all of lot No. 89, in Wilmot, known as the Dud- Townees 
ley lot, lying east and north of Bog Brook, be severed from the 
town of Wilmot and made a part of the town of Danbury. 

Sect. 2. Danbury shall take said land charged with its just fj^^P"^;^'/^*^^,^. 
proportion of the existing indebtedness of Wilmot above available 



166 Chapters 29, 30, 31. [1878- 

dau^"^^ assets found from the last invoice of said town. All acts and 
parts of acts inconsistent with this act are hereby repealed, and 
this act shall take effect from its passage. 
[Approved July 26, 1878.] 



CHAPTER 30. 

AN ACT IN AMENDarENT OF SECTION SIX OF CHAPTER FOUR OF THE 
PAMPHLET LAWS OF 1870, ENTITLED, "AN ACT FOR THE MORE EFFECTUAL 
PREVENTION OF CRUELTY TO ANIMALS." 

Section i Section 

1. Cruelty to birds prohibited, | 2. Takes effect, when. 

Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 

Cruelty to birds Sect. 1. That scctioii six of chapter four of the Pamphlet Laws 
prohibited. ^£ -iLgYQ |3g amended by adding the words " and birds," after the 

word " creatures," in the second line of said section. 
TaJies effect, Sect. 2. This act shall take effect upon its passage. 

[Approved July 26, 1878.] 



CHAPTER 31. 

AN ACT IN RELATION TO THE PUNISHMENT OF CRIMES. 

Section I Section 

1. Minimum fine or term of imprisonment, wher- 2. Repealing clause ; takes effect, when. 
ever prescribed in statutes, stricken out. | 

Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 

Minimum fine or Sect. 1. That all the statutcs which prescribe both a minimum 

term of impris- '■ 



onment, wher- aud maximum fine or term of imprisonment, or both, as a punish- 
fnstiuites?^^*^ ment for any offense, be amended by striking out so much of the 
Btricken out. provisious thcrcof as prescribe a minimum fine or term of impris- 
onment, or both, so that said statutes shall provide that the offenses 
described therein shall be punished by fine or imprisonment not ex- 
ceeding the maximum amount, or term, 
dautl'-' "tikes Sect. 2. All acts and parts of acts inconsistent with the pro vis- 
effect, Wn. ions of this act be and hereby are repealed, and this act shall take 
effect from its passage. 

[Approved July 26, 1878.] 



1878.1 Chapters 32, 33. 167 



CHAPTER 32. 

AN ACT LEGALIZING ALL THE TAXES ASSESSED IN THE TOWN OF RYE, IN 

THE YEAR 1877. 

Section I Section 

1. Taxes for 1877 legalized. I 2. Takes effect, when. 

Be it enacted hy the Senate and House of Representatives in Q-eneral 
Court convened : — 

Sect, 1. That all the taxes assessed by the board of selectmen ^g^i?,^^^ ^^^^ 
of the town of Rye for the year 1877 be and the same hereby are 
made legal ; and all the doings of the selectmen in relation to the 
assessment of all taxes in said town, for said year, are hereby rat- 
ified, confirmed, and legalized. 



Sect. 2. This act shall take effect from and after its passage. 
[Approved July 31, 1878.] 



Takes effect, 
when. 



CHAPTER 33. 



AN ACT RELATING TO SPECIAL TERMS OF PROBATE COURT. 



Section 

1. Probate judge may hold court on other than 
regular days ; compensation. 



Sbctios 

2. Repealing clause. 

3. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in Q-eneral 
Court convened : — 

Sect. 1. Whenever a judge of probate shall deem it necessary to |^a°j^^*oid"c1fi^t 
attend a hearing in a contested case, and shall be requested so to do on other than 
by the parties thereto, on days other than those fixed by the statute compensauon. 
as the regular days for the meeting of the probate court, he shall 
be allowed five dollars per day for such service and his expenses, to 
be paid out of the estate to which such proceedings may relate. 
The party first asking for a hearing shall furnish a bond for secu- 
rity of costs. 

Sect. 2. All acts and parts of acts inconsistent with this act^j^P^*""^ 
are hereby repealed. 

Sect. 3. This act shall take effect upon its passage. wii^n '^*^*"'*' 

[Approved July 31, 1878.] 



168 



Chapters 34, 35. 



[1878. 



CHAPTER 34 



AN" AdT AUTHORIZING THE SEVERAL TOWNS IN THE STATE TO PURCHASE 
MAPS OF NEW HAMPSHIRE FOR THE USE OF THE COMMON SCHOOLS 
THEREIN. 



Section 
1. Towns may purchase maps for use of schools. 



Section 
2. Takes effect, when. 



Be it enacted hy the Senate and House of Hepresentatives in General 
Court convened: — 



Jwm^psfor"^" Sect. 1. The superintending school committee and selectmen 
use of schools, jpi i\^Q several towns in the state are hereby authorized and empow- 
ered to purchase for the use of their common schools so many copies 
of the map of New Hampshire as they may deem best, not exceed- 
ing one copy for each school, and the maps so purchased shall be 
paid for out of any money appropriated for school purposes. 
Sect. 2. This act shall take effect upon its passage. 
[Approved August 1, 1878.] 



Takes effect, 
when. 



CHAPTER 35. 

AN ACT IN AMENDMENT OF CHAPTER SIXTY-NENE OF THE GENERAL STAT- 
UTES, RELATING TO DAMAGES HAPPENING IN THE USE OF HIGHWAYS. 



Section 

1. Person injured through defect in highway to 

file statement of time, place, and extent of 
injury. 

2. Action not to be begun until statement filed 

and investigation made. 



Section 

3. Supreme court may order claim to be filed in 

certain cases. 

4. All actions to be brought in supreme court. 

5. Repealing clause. 



Be it enacted hy the Senate and House of Representatives in General 

Court convened: — 



Person injured 
through defect 
in highway to 
file statement of 
time, place, and 
extent of injury. 



Action not to 
be begun until 
statement filed 
and investiga- 
tion made. 



Sect. 1. Every person sustaining damage to his person, team^ 
or carriage, while traveling upon any highway or bridge thereon, 
by reason of any obstruction, defect, insufificiency, or want of repair, 
rendering it unsuitable for travel thereon, shall, within ten days 
from the date of receiving such damage, file with the clerk of the 
town or city which by law may be liable for the same, a written 
statement, under oath, of the exact place where and the time when 
such damage was received, a full description of such injuries, the 
extent of the same, and the amount of damages claimed therefor. 

Sect. 2. No action for any such injuries shall be commenced 
until such claim has Ijeen filed as aforesaid, nor until the town or 
city which may be liable for such injury has caused an investigation 
to be made of the causes and extent of the injuries for which dam- 
ages are claimed, and notice of their decision in respect to said 
claim has l)een given to said claimant, unless the town or city which 
may be liable shall neglect to make said investigation and decision, 



1878.] Chapters 35, 36. 169 

and give said notice, for more tlian tliirty days after notice as afore- 
said of said claim. 

Sect. 3. If any person, receiving injuries as aforesaid, is unavoid- f^lf orde^'^da'im 
ably prevented from filing his claim for damages as aforesaid, within to be filed in 

,T (• i.iij.1 !••• -1 1 certain cases. 

ten days irom the date when snch injuries were received, siicli 
claimant may make application within six months from the date of 
the injuries, and not afterward, to the supreme court, at the trial 
term thereof, setting forth the nature and amount of the claim, the 
extent of the injuries, and the causes which have prevented the 
filing of the same within ten days from the date of the injuries, 
and if the said supreme court, upon notice to the city or town liable 
therefor, and a hearing thereon, are of the opinion that manifest 
injustice would otherwise be done, they may allow said claim to be 
filed with the clerk of the town or city which may be liable for such 
injuries, within such time as they shall order, but no action shall 
be commenced on any such claim until the expiration of thirty days 
from the time when the same is filed with the clerk as aforesaid. 

Sect. 4. All actions for damages brought under the provisions au actions to b 
of said chapter shall be brought in the supreme court of the county prem^^court^" 
where said injuries were received. 

Sect. 5. All acts and parts of acts inconsistent with tliis act are fi^Pgel'*^^ 
hereby repealed. 

[Approved August 1, 1878.] 



CHAPTEE 36. 

AN ACT IN AMENDMENT OF SECTION FOURTEEN OF CHAPTER ONE HUNDRED 
AND TWENTY-FIVE OF THE GENERAL STATUTES, AND OF SECTIONS TWO 
AND FIVE OF CHAPTER ONE OF THE LAWS OF 1871, RELATING TO LIENS OF 
MECHANICS AND OTHERS. 

Section I Section 

1. Lumbermen's lien. | 2. Precedence of attachment to secure lien. 

Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 

Sect. 1. Section fourteen of chapter one hundred and twenty- Lumbermen's 
five is hereby amended so that said section as amended shall read^'^°' 
as follows : " Sect. 14. Any person who by himself or others, or 
by teams, shall perform labor or furnish supplies to the amount of 
fifteen dollars or more toward rafting, driving, cutting, hauling, or 
drawing wood, bark, lumber, or logs, or at cooking or hauling sup- 
plies in aid of such labor, shall have a lien thereon for such labor 
or supplies, which lien shall take precedence of all prior claims 
except liens on account of public taxes, to continue sixty days after 
the services are performed or supplies furnished, and may be se- 
cured by attachment." 

Sect. 2. Any attachment made to secure a lien provided for iiijfjif^'p'if^entto 
said section as amended shall have precedence of any attachment secure uen. 
made after such lien accrued, unless it is founded on a later lien. 

[Approved August 1, 1878.]. 
4 



170 



Chapters 37 



[1878. 



CHAPTER 37. 

AN ACT TO PREVENT TRESPASS ON IMPROVED LANDS. 



Section 
1. Owner liable for trespass by his animals. 



Section 
2. Takes effect, when. 



Be it enacted ly the Senate and House of Representatives in General 
Court convened: — 



Owner liable for 
trespass by his 
animals. 



Takes effect, 
when. 



Sect. 1. Every owner or person having the charge or custody 
of any sheep, cattle, horses, swine, or fowl, who willfully or negli- 
gently suffers or permits the same to enter on, pass over, or remain 
on any orchard, garden, mowing land, or other improved or enclosed 
land of another, after being forbidden by a notice duly posted upon 
said premises, or by notice in writing by the owner or occupant 
thereof, or by the duly authorized agent of such owner or occupant, 
sliall be guilty of trespass, and shall be punished by fine not exceed- 
ing ten dollars. 

Sect. 2. This act shall take effect upon its passage. 

[Approved August 1, 1878.] 



CHAPTER 38. 



AN ACT TO PUNISH TRAMPS. 



Section 

1. Tramp defined and punished. 

2. Punisliment for entering dwelling-house, kin- 

dling fire, etc. 

3. For willful injury to person or property. 

4. Non-resident tramp. 



Tramp defined 
and punished. 



Punishment for 
entering dwell- 
ing-house, kin- 
dling fire, etc. 



For willful in 
jury to person 
■or property. 



Section 

5. Apprehension and reward. 
G. Special constables. 

7. Females, etc., not tramps. 

8. Secretary to send copies to towns and cities. 

9. Takes effect, when ; repealing clause. 



Be it enacted hy the Senate and House of Representatives in Q-eneral 
Court convened : — 

Sect. 1. Any person going about from place to place begging 
and asking or subsisting upon charity, shall be taken and deemed 
to be a tramp, and shall l)e punished by imprisonment at hard labor 
in the state-prison not more than fifteen months. 

Sect. 2. Any tramp who shall enter any dwelling-house, or kin- 
dle any fire in the highway, or on the land of another, without the 
consent of the owner or occupant thereof, or shall be found carrying 
any fire-arm or other dangerous weapon, or shall threaten to do any 
injury to any person, or to the real or personal estate of another, 
shall be punished by imprisonment at hard labor in the state-prison 
not more than two years. 

Sect. 3. Any tramp who shall willfully and maliciously do any 
injury to any person, or to the real or personal estate of another, 
shall 1)0 punished by imprisonment at hard labor in the state-prison 
not more than five years. 



1878.] Chapters 38, 39. 171 

Sect. 4. Any act of beggary or vagrancy by any person not a Non-resident 
resident of tliis state sliall be evidence that the person committing '*™^' 
the same is a tramp within the meaning of this act. 

Sect. 5. Any person, npon view of any offense described in this ^pp^^'^«^'J,«^'°'» 
act, may apprehend the offender and take him before a justice of 
the peace for examination, and, on his conviction, shall be entitled 
to a reward of ten dollars therefor, to be paid by the county. 

Sect. 6. The mayor of every city and the selectmen of every ^[^^J;'*' ''°'""*- 
town are hereby authorized and required to appoint special consta- 
bles, whose duty it shall be to arrest and prosecute all tramps in 
their respective cities and towns. 

Sect. 7. This act shall not apply to any female, or minor under ^^^^*'^^^' ^^^o-' 
the age of seventeen years, nor to any blind person. 

Sect. 8. Upon the passage of this act, the secretary of state secretary to 
shall cause printed copies of this act to be sent to the several town townsand cities. 
and city clerks, who shall cause the same to Ije posted in at least 
six conspicuous places, three of which shall be on the public high- 
way. 

Sect. 9. This act shall take effect on and after August l^)^hen-*re*'eaiin 
1878, and all acts and parts of acts inconsistent with this act are clause', 
hereby repealed. 

[Approved August 1, 1878.] 



CHAPTER 39. 

AN ACT IN RELATION TO THE NEW-HAMPSHIRE ASYLUM FOR THE INSANE. 



Section 

1. $4,000 appropriated. 

2. Governor authorized to draw his warrant for 



Section 
3. Talies effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. That there be and hereby is appropriated to the New-$4,ooo appropri- 
Hampshire asylum for the insane the sum 'of four thousand dollars,*^ " 
to be expended under the direction of the superintendent in finish- 
ing the basement of the laundry and in repairing the Rumford wing 
of said asylum. 

Sect. 2. The governor is hereby authorized and empowered to Governor au- 

j p ,. ..• ^ ^ • X •! i-jij thorized to draw 

draw, from time to time, by his warrant, said sum from the treas- his warrant for 
ury of the state not otherwise ap})ropriatcd. ®^"^®' 

Sect. 3. This act shall take effect from and after its passage, ^.^^q ^*^^''*' 

[Approved August 9, 1878.] 



172 



Chaptebs 40, 41. 



[1878. 



CHAPTER 40. 

AN ACT FOR THE RELIEF OF THE TOWN OF PETERBOROUGH. 



Section 

1. State and county taxes abated. 

2. Repealing clause. 



Section 
3. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in Greneral 

Court convened: — 



state and county 
taxes abated. 



Repealing 
clause. 



Takes effect, 
when. 



Sect. 1. The state treasurer is hereby authorized and required 
to abate from the state tax for 1878, to be paid by the town of 
Peterborough, in the county of Hillsborough, one dollar and fifty 
cents for every one thousand dollars of the entire state tax, and to 
make the same proportional abatement annually thereafter of the 
state tax to be paid by said town of Peterborough during the period 
of apportionment fixed by the act of July 20, 1876, entitled, " An 
act to establish a new proportion for the assessment of public 
taxes." And the treasurer of the county of Hillsborough is also 
hereby authorized and required to make a proportional annual 
abatement from the amount of county tax to be paid by said town 
of Peterborough in 1878, and subsequently until a new proportion 
for the assessment of public taxes shall be made. 

Sect. 2. All acts and parts of acts inconsistent with this act are 
hereby repealed. 

Sect. 3. This act shall take effect upon its passage. 

[Approved August 9, 1878.] 



CHAPTER 41. 

AN ACT IN AMENDMENT OF AN ACT ENTITLED, "AN ACT IN AMENDMENT 
OF CHAPTER ONE HUNDRED AND FORTY-SLX: OF THE GENERAL STATUTES, 
IN RELATION TO RAILROADS." 



Section 

1. Taking gravel by railroad corporations regu- 
lated. 



Section 
2. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in Greneral 
Court convened : — 



^Ikofd^orw^ Sect. 1. That the act entitled an act in amendment of chapter 
tions regulated, onc huudrcd and forty-six of the General Statutes, in relation to 
railroads, is hereby amended by inserting after section one of said 
act the following : " Sect. 2. Any railroad corporation may, in like 
manner, take and hold earth and gravel contiguous to the line of 
said railroad, necessary for re})airing, securing, or ballasting its 
road, provided that, in their certificate of location thereof, they 
shall specify the depth to which they propose to grade the same ; 
and in case they are unable to agree with the owner in relation 



1878.] Chapters 41, 42, 43. 173 

thereto, the railroad commissioners shall state in their certificate of 
location the depth to which such material may be removed." 

Sect. 2. This act shall take effect on its passage. when.*'*^^'^*' 

[Approved August 9, 1878.] 



CHAPTER 42. 

AN ACT TO AUTHORIZE THE CESSION OF ANTIETAM NATIONAL CEMETERY 
TO THE UNITED STATES. 



Section 

1. Maryland authorized to cede cemetery to Unit- 
ed States. 



Section 
2. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. The state of Maryland is hereby authorized to transfer ^JoS 'to'^cede 
and convey to the United States all the right and title which the cemetery to 
state of New Hampshire has in and to the Antietam national cem- °"' • * ^''• 
etery, at Antietam, in the state of Maryland. 

Sect. 2. This act shall take effect on its passage. wlfen.^^^"*' 

[Approved August 9, 1878.] 



CHAPTER 43 



AN ACT TO PROVIDE FOR THE FUNDING OF THE PRESENT FLOATING DEBT 
OF THE STATE, FOR THE RE^FUNDING OF A PORTION OF THE BONDED 
DEBT, AND TO PROVIDE FOR A TEMPORARY LOAN. 



Section 

1. Treasurer authorized to issue bonds to fund 

state debt ; time ; interest. 

2. Bonds to be signed and record of sale kept ; 3. Temporary loan provided for 

I 4. Takes effect, when. 



Section 

treasui-er to advertise for proposals for pur- 
chase of bonds. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. For the purpose of funding the present floating debt Treasurer au- 
of the state, and for the payment of the bonds of the state matur- bonds to fund 
ing on or before July 1, 1880, the treasurer of the state is hereby -n^ereg^t^*'*""^' 
authorized, under the direction of the governor, with the advice 
and consent of the council, to issue bonds or certificates of indebt- 
edness, in the name and in behalf of this state, to an amount not 
exceeding the sum of five hundred thousand dollars, and made pay- 
able in not less than ten years nor more than twenty years from 
date of issue, as the governor and council may determine. Said 
bonds or certificates shall have interest warrants or coupons, at a 
rate not exceeding five per cent per annum, attached thereto, paya- 



174 



Chapters 43, 44. 



[1878. 



Bonds to be 
signed, and 
record of sale 
kept ; treasurer 
to advertise for 
proposals for 
purchase of 
bonds. 



Temporary loan 
provided for. 



Takes effect, 
when. 



ble semi-annually at the treasurer's office, or at some bank in Bos- 
ton designated by the treasurer, under the direction of the governor 
and council. 

Sect. 2. All said bonds or certificates shall be signed by the 
treasurer and countersigned by the governor, and shall be deemed 
a pledge of the faith and credit of the state. 

The treasurer shall 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 ; and prior to said sale, the 
state treasurer is directed to cause to be inserted in the Concord 
Monitor, Manchester Mirror, Naslma Telegraph, Portsmouth 
Chronicle, and Boston Advertiser, public notice that sealed propos- 
als for so much of this loan as is required will be received until a 
certain day specified in such notice, not less than thirty days from 
its first insertion ; and such notice shall state the amount of the 
loan, what interest, when and where payable ; such sealed proposals 
shall be opened on the day appointed in the notice, in the presence 
of the governor and secretary of state, and the treasurer shall ac- 
cept the proposals most favorable to the state made by responsible 
parties. 

Sect. 3. In order to meet any temporary indebtedness that may 
become due before the negotiation of the l3onds herein before men- 
tioned, the treasurer, under the direction of the governor and coun- 
cil, is hereby authorized to borrow, from time to time, for the 
temporary use of the state, such sum or ms of money as may be 
necessary for that purpose, not exceeding the sum of two hundred 
and fifty thousand dollars, upon the best ter ., i possible, the rate of 
interest not to exceed five (5) per cent per ann; m. 

Sect. 4. This act shall take effect on its passage. 

[Approved August 9, 1878.] 



CHAPTER 44 



AN ACT PROVIDING FOR ANNUAL REPORTS OF COUNTY OFFICERS. 



Section 

1. County oflBcers to publish their reports annu- 

ally in May. 

2. What to contain. 



Section 

3. Record of purchases. 

4. Repealing clause ; takes effect, when. 



Be it enacted hy ike Senate and House of Representatives in General 
Court convened: 



County officers Sect. 1. Tlic slicriff, tlic jailer, the physician, the clerk of 

^pOTtslnnu^iy courts, the solicitor, the treasurer, the county commissioners, and 

in May. ^j^^ superintendent of the county farm of each county, shall make 

up their reports separately, to May first, annually, and the same 

shall be printed together in pamphlet form, in said month of May, 



1878.] Chapters 44, 45. 175 

and said reports shall be distributed as now provided by law ; and 
in addition thereto it shall be the duty of the county commissioners 
to forward one copy of said pamphlet to the town clerk of each 
town in the county, to be placed on file by said officer for the in- 
formation of the tax-payers. 

Sect. 2. The reports of the several officers named in section ^^hat to contain. 
one of this act shall contain a summarized account of all their 
transactions which concern the county, for the current year ending 
as aforesaid, and the report of the superintendent of the county 
farm shall contain, in addition, a list of the paupers actually sup- 
ported at the farm, and the number of weeks each was so supported, 
and also a statement of the average cost per week for each pauper, 
with an explanation of the basis upon which said calculation was 
made. 

Sect. 3. Whenever supplies of any kind or description shall be Record of pur- 
furnished to the county, upon the order of any one of said officers, 
the bills for the same shall be placed on file, and a record of such 
purchases shall be entered in a book provided for that purpose, prop- 
erly ruled in columns, and said entries shall state by whom ordered, 
the date of the purchase or contract, the name of the seller and his 
place of business, the quantity purchased, and the price paid for 
each article ; and said book shall at all times be open to the inspec- 
tion of the tax-payers. 

Sect. 4. All acts and parts of acts inconsistent with this act ^j«P^^i.''^^|jjgg 
are hereby repealed, and this act shall take effect upon its passage, effect, 'when. 

[Approved August 9, 1878.] 



CHAPTER 45. 

AN ACT IN RELATION TO THE TAXATION OF CERTAIN UNRECLAIMED LANDS. 



Section 

1. Reclaimed lands exempted from taxation. 

2. Building-lots not exempt. 



Section 
3. Takes effect, when. 



Be it enacted hy the Senate and Souse of Representatives in Greneral 
Court convened : — 

Sect. 1. That any person who shall reclaim any swamp or swale Reciaimediiands 
lands by under-draining, ditching, or irrigation, either or both, ortalSi^n. ^^^ 
in any other manner, for purposes of agriculture, shall be entitled 
to exemption from taxation on said improvement for a term of ten 
years from the time when said improvement shall be made to the 
satisfaction of the selectmen of the towns in which said lands are 
situated. 

Sect. 2. The above act shall not apply to lands adjacent to vil- Buiiding-iots 
lages or cities which shall be so improved for the purpose of build- ^° ^^^"'p*- 
ing-lots or speculation. 

Sect. 3. This act shall take effect from and after its passage, ^^en ^^®''*' 

[Approved August 9, 1878.] 



176 



Chapters 46, 47. 



[1878. 



\ CHAPTER 46. 

AN ACT EELATING TO THE QUALIFICATIONS OF VOTERS IN SCHOOL-DIS- 
TRICTS. 



Section 
1. Women may vote at school-meetings. 



Section 
2. Repealing clause. 



Be it enacted by the Senate and House of Representatives in G-eneral 
Court convened: — 



Women may 
vote at school- 
meetings. 



Repealing 
clause. 



Sect. 1. Any person, whether male or female, but in all other 
respects except sex qualified to vote in town affairs, may vote at any 
school-district meeting in the district in which such person has re- 
sided and had a home one month next preceding such meeting. 

Sect. 2. All acts and parts of acts inconsistent with this act are 
hereby repealed. 

[Approved August 13, 1878.] 



CHAPTER 47. 

AN ACT IN AMENDMENT OF CHAPTER FIVE OF THE GENERAL STATUTES, IN 
RELATION TO THE PUBLIC PRINTER AND PUBLIC PRINTING. 



Section 
1. Compensation of public printer. 



Section 
2. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in G-eneral 
Court convened : — 

pubiFc^Ster.^^ Sect. 1. That Said chapter five be amended by striking out sec- 
tion two of said chapter, and inserting the following : — 

Sect, 2. For the faithful discharge of his duties he shall re- 
ceive compensation as follows : — 



FOR BOOK AND PAMPHLET WORK. 

For plain composition, per one thousand ems, fifty cents ; laws 
and statutes, per one thousand ems, fifty-five cents ; irregular col- 
umn work, per one thousand ems, face measure, seventy-five cents ; 
rule and figure work, per one thousand ems, face measure, one 
dollar ; any other irregular work at the discretion of the auditors. 

Presswork, for form of sixteen pages, five hundred impressions, 
or less, dry pressed, two dollars and fifty cents ; for each additional 
hundred impressions, thirty cents. For eight-page forms, law size, 
five hundred impressions, or less, dry pressed, two dollars and fifty 
cents ; for each additional hundred impressions, thirty cents. For 
eight-page forms, common octavo size, five hundred impressions, or 
less, dry pressed, two dollars ; for each additional hundred impres- 
sions, twenty-five cents. 



1878.] Chapter 47. 177 

blank and circular work and covers. 

For plain composition, per one thousand ems, fifty cents ; irregu- 
lar column work, per one thousand ems, face measure, seventy-five 
cents ; rule and figure work, per one thousand ems, face measure, 
one dollar ; blank work, with rules adjusted into body lines, face 
measure, seventy-five cents ; any other irregular work at the dis- 
cretion of the auditors. 

Presswork for form of two hundred and fifty impressions, or less, 
one dollar and fifty cents ; for each additional hundred impressions, 
not exceeding two thousand impressions in all, twenty cents ; and 
for each additional hundred impressions, in excess of said two 
thousand impressions, fifteen cents. 

Paper of cap size, or less, shall be worked and turned for the 
purpose of printing both sides. 

For any work not herein before specified, the printer shall receive 
such compensation as shall be judged reasonable by the auditors. 

ENVELOPES, LETTER HEADS, BILL HEADS, AND CARDS. 

For five hundred impressions, including composition, two dol- 
lars ; each additional hundred, twenty cents. 



HOUR WORK. 

For correcting proof by reason of alteration in author's copy, 
forty cents. 

PAPER AND OTHER STOCK. 

For paper and other stock, an addition of twenty per cent upon 
the actual cost, to be determined by the auditors. 



BINDING AND RULING. 

For binding and ruling, an addition of ten per cent upon the actual 
cost, to be determined by the auditors. 

Work imperatively demanded, and required to be performed at 
night or out of the usual hours of labor, shall be compensated by 
an extra allowance at the discretion of the auditors. 

All printing and binding shall be executed in a workmanlike 
manner to the acceptance of the secretary of state. 

[Sect. 2.1 This act shall take effect and be in force on and after Takes effect, 
June 1, 1879. "^'" 

[Approved August 16, 1878.] 
6 



178 



Chapter 48. 



[1878. 



CHAPTER 48. 



AN ACT RELATING TO TAXATION OF LUjVIBEK. 



Section 

1. Logs, etc., not in any town, taxable in nearest 

town. 

2. Selectmen to tax them. 



Section 

3. Town to have lien for such taxes. 

4. Repealing clause. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 



togs, etc., not in Sect. 1. Timber, logs, and lumber lying in or upon any body of 
^fein^earest water of this statc, outside the boundary or limits of any town 
'°'^' therein, shall be taxed its full value in the town nearest and oppo- 

site such property. 
Selectmen to tax Sect. 2. The Selectmen of said town shall, at the usual time of 
appraisal, make an inventory of the said property, and give notice 
to the owner thereof or his agent, immediately after the apportion- 
ment of the town tax, stating the amount of taxes thereon : and 
the said owner or owners shall pay, or cause to be paid, all the 
taxes thereon assessed, before the removal of the said property, or 
give satisfactory evidence to the town collector of his or their abil- 
ity to pay such assessment. 

Sect. 3. Such town shall have a lien upon the said property for 
the payment of all taxes thereon ; and any person removing such 
property before complying with the provisions of section two of this 
act shall be liable to a fine of not less than fifty dollars nor more 
than two hundred dollars ; and it shall be the duty of the select- 
men of said town to make complaint for a violation of the provis- 
ions of this act before some justice of the peace and of the quorum 
throughout the state, who, on sufficient evidence, shall hold the of- 
fender in sufficient surety for his appearance at the supreme court 
next holden in the county where said town is located or until such 
fine is paid ; and the said fine shall go to the town making the com- 
plaint. 

Sect. 4. All acts or parts of acts inconsistent with the provis- 
ions of this act are hereby repealed. 
[Approved August 16, 1878.] 



Town to have 
lien for such 
taxes. 



Repealing 
olauee. 



1878.] Chapters 49, 50. 179 



CHAPTER 49. 

AN ACT IN RELATION TO SELLING LIGHTNING-RODS. 



Section 

1. Penalty for selling lightning-rods without li- 
cense. 



Section 

2. State treasurer to grant license ; fee. 

3. Bepealing clause ; takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. Any person going- about, in any way, in this state, car- Fe'^a^ty *o' «eu. 
rying to sell, offering or exposing for sale, or putting up on build- rods mthout" 
ings any kind of lightning-rods or lightning conductors, without ^"'^°^*' 
license, shall be fined in a sum not exceeding one thousand dollars, 
or shall be confined in the county jail in the county where such of- 
fense is committed not exceeding one year, or shall be sentenced to 
both of said punishments, according to the nature of the offense ; 
and the person complaining shall be entitled to one-fourth part of 
the fine which may be recovered as aforesaid. 

Sect. 2. The treasurer of the state may grant such license for state treasurer 
the term of one year, upon receiving from any applicant the sumfeef*°*"*'^°*®' 
of five hundred dollars, if the treasurer shall be satisfied, upon a 
scientific investigation, that such lightning-rods are sufficient for 
security against lightning, and the applicant is a person of good 
character ; fifty dollars of which sum shall be paid the state treas- 
urer upon the filing of the application, to defray the expenses of 
said investigation. 

Sect. 3. All acts and parts of acts inconsistent with the provis- Repealing 
ions of this act are hereby repealed, and this act shall take effect eS whi'n.* 
from and after its passage. 

[Approved August 16, 1878.] 



CHAPTER 50. 

AN ACT FOR THE RELIEF OF THE TOWN OF RINDGE. 

Section i Section 

1. State and county taxes abated. | 2. Takes eifect, when ; repealing clause. 

Be it enacted hy the Senate and House of Representatives in Greneral 
Court convened : — 

Sect. 1. The state treasurer is hereby authorized and required Stete and county 
to abate from the state tax for 1878, to be paid by the town of **'''' '*''^^''^- 
Rindge, in the county of Cheshire, twenty-five cents for every one 
thousand dollars of the entire state tax, and to make the same pro- 
portional abatement annually thereafter of the state tax to be paid 
by said Rindge during the period of apportionment fixed by the act 
of July 20, 1876, entitled, " An act to establish a new proportion 
for the assessment of public taxes." And the treasurer of the 



180 Chapters 50, 51. [1878. 

county of Cheshire is also hereby authorized and required to make 
a proportional annual abatement from the amount of county tax to 
be paid by said Kindge in 1878, and subsequently until a new pro- 
portion for the assessment of public taxes shall be made. 
Tajies effect, Sect. 2. This act sliall take effect upon its passage, and all 

when; repealing . • , i ,i •<! i i i t 

clause. acts and parts oi acts inconsistent therewith are hereby repealed. 

[Approved August 16, 1878.] 



CHAPTER 51. 

AN ACT TO LICENSE EXPRESS CORPORATIONS, COMPANIES, OR PERSONS 
CARRYING ON EXPRESS BUSINESS IN THIS STATE. 



Section 

1. Express companies to apply for license and 

pay two per cent of annual gross receipts 
therefor. 

2. To make return of receipts to board of equali- 

zation ; board to certify to treasurer ; time 
of procuring license. 

3. Companies may return number of miles on 



Section 

which they do business instead of gross re- 
ceipts. 

4. Time covered by license. 

5. Penalty for neglecting to make returns or pay- 

ment. 

6. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 

Express compa- Sect. 1. Everv express corporation, company, or person doing 

nies to apply for . *' r .i n • ,i • ■ j i n n i 

license and pay cxpress Dusincss ou any railroad in this state, shall, annually, be- 
annuai'^^oM re- forc the first day of August, apply to the state treasurer for a 
ceipts therefor, license authorizing the Carrying Oil of said express business. And 
every such corporation, company, or person shall annually pay to 
the state treasurer, on or before the first day of September, for said 
license, two per cent of the gross receipts of said business for the 
year ending on the first day of August preceding. Said two per 
cent shall be on all of said express business done in this state, in- 
cluding a pro rata part on all express business coming from other 
states into this state, and on all going from this state to other 
states, 
of^^c^'^tsto'^'' Sect. 2. Every such express corporation, company, or person 
board of equal- sliall, by its propcrly authorizcd agent or officer, annually, on or 
toVertify tT bcforc tlic fifteenth day of August, make a return to the state 
ofTiwurlng"'^ board of equalization, verified by oath as to its correctness, stating 
license. the amouut of said receipts for all express matter carried within 

the state of New Hampshire, as stated in section one of this act. 
And said board of equalization shall certify the same to the state 
treasurer, who shall thereupon notify said corporations, companies, 
or persons ; and the amount of said licenses shall be paid in to the 
state treasurer on or before the first day of September following. 
re'tur^nnuLw Sect. 3. lu liou of paying the amount of license as provided in 
of miles on scctiou onc of tliis act, and making the return as provided in sec- 

which they do , . , p j i • i i j • 

business, instead tion two ot this act, cach cxprcss corporatiou, company, or person, 

of gross receipts. ^^ aforcsaid, may pay to the state treasurer five dollars per mile for 

eacli mile as aforesaid, and may make return to the state board of 



1878.] Chapters 51, 52. 181 

equalization, on or before the fifteenth day of August, annually, of 
the number of miles of railroad in this state on which said corpo- 
ration, company, or person does express business, which return 
shall be verified by the oath of the officer or agent making the 
same ; and said board of equalization shall certify said license to 
the state treasurer, who shall thereupon notify said parties and col- 
lect the amount of said license on or before the first day of Sep- 
tember following. 

Sect. 4. The license imposed upon corporations, companies, or J^j.^^ggl"^®'^®^^^ 
persons, as aforesaid, shall be for the year commencing August 1, 
1878, and for every subsequent year, and payable to the state treas- 
urer on or before the first day of September of the succeeding 
year. 

Sect. 5. If any express corporation, company, or person shall Penalty for neg. 
fail to make either the return to the state board of equalization retJr'lfs or™ay-* 
provided for in section two or three of this act, on or before the ^^^^' 
first day of August, annually, or shall neglect to pay the amount of 
said license on or before the first day of September, annually, said 
board of equalization shall impose upon said express corporation, 
company, or person a penalty of ten dollars per mile on the num- 
ber of miles of railroad in this state on which said corporation, 
company, or person does express business, and shall certify said 
penalty to the state treasurer, who shall thereupon notify said parties, 
and shall proceed to collect said penalty on or before the first day of 
October following, by an action of debt in the name of the state of 
New Hampshire. 

Sect. 6. This act shall take effect from and after its passage, ^h^n **^**^*' 

[Approved August 16, 1878.] 



CHAPTER 52. 

AN ACT FOR THE RELIEF OF THE TOWN OF NEWPORT. 

SacTioN I Section 

1. State and county taxes abated. | 2. Takes effect, when ; repealing clause. 

Be it enacted by the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. The state treasurer is hereby authorized and required ^*^'« *^<i°o'ii»ty 
to abate from the state tax for 1878 to be paid by the town of 
Newport, in the county of Sullivan, ninety-two cents for every one 
thousand dollars of the entire state tax, and to make the same pro- 
portional abatement annually thereafter of the state tax to be paid 
by said Newport during the period of apportionment fixed by the 
act of July 20, 1876, entitled, " An act to establish a new propor- 
tion of public taxes." And the treasurer of the county of Sullivan 
is also hereby authorized and required to make a proportional an- 
nual abatement from the amount of county tax to be paid by said 
Newport in 1878, and subsequently until a new proportion for the 
assessment of public taxes shall be made. 



182 



Chapters 52, 53, 54. 



[1878. 



mmb effect, Sect. 2. This act shall take effect upon its passage, and all acts 

clause! "^^*"^^and parts of acts inconsistent therewith are hereby repealed. 
[Approved August 16, 1878.] 



CHAPTER 53 



AN ACT TO RELIEVE THE TOWN OF CLAEEMONT OF A PORTION OF ITS 

PUBLIC TAXES. 



Section 
1. State and county taxes abated. 



Section 
2. Takes effect, when ; repealing clause. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 



State and comity 
taxes abated. 



Takes effect, 
when ; repealing 
clause. 



Sect. 1. The state treasurer is hereby authorized and required 
to abate from the state tax for 1878 to be paid by the town of 
Claremont, in the county of Sullivan, one dollar and fifty-six cents 
for every one thousand dollars of the entire state tax, and to make 
the same proportional abatement annually thereafter of the state 
tax to be paid by said Claremont during the period of apportion- 
ment fixed by the act of July 20, 1876, entitled, " An act to estab- 
lish a proportion for the assessment of public taxes." And the 
treasurer of Sullivan county is also hereby authorized and required 
to make a proportional annual abatement from the amount of 
county tax to be paid by said town of Claremont in the year 1878, 
and subsequently until a new proportion for the assessment of public 
taxes shall be made. 

Sect. 2, This act shall take effect upon its passage, and all acts 
and parts of acts inconsistent therewith are hereby repealed. 

[Approved August 16, 1878.] 



CHAPTER 54. 



AN ACT TO TAX THE TELEGRAPH LINES IN THIS STATE. 



Section 
1. Telegraph lines to pay tax of one per cent on 
their value. 



Section 

2. Assessment to be made by board of equali- 

zation and certified to state treasurer. 

3. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in General 
Court convened : — 



Telegraph lines 
to pay tax of 
one per cent on 
their|Value. 



Sect. 1. Every telegraph corporation, company, or person shall 
annually pay into the state treasury, for the use of the state, a tax 
of one per cent upon the value of any telegraph line owned or 
operated by said corporation, company, or person, including the 
office furniture or machinery. And said tax shall be paid on or 
before the first day of September. 



1878.] Chapters 54, 55. 183 

Sect. 2. The board of state equalization shall appraise their AsseMinent to 
said lines and office furniture and machinery at their actual value,boardof equai- 
and assess the corporation, company, or person on said valuation i-'sed to etatf'" 
at the rate of one percent, said assessment to be made in the month *''**^"'^®''- 
of August and certified to the state treasurer by the fifteenth of 
said month. The state treasurer shall thereupon notify said parties 
against whom the tax is assessed, and the same shall be paid into 
the treasury on or before the first day of Sei)tember following ; and 
the tax so assessed and paid shall be in lieu of all other taxes. 

Sect. 3. This act sliall take effect from and after its passage. S'ea.^*^^*' 

[Approved August 16, 1878.] 




CHAPTER 55. 

AN ACT TO facilitate THE UNITING OF SCHOOL-DISTRICTS. 



Section 

1. Towns without school-districts may apply pait 

of school money to convey children to school. 

2. School-districts may. 



Section 

3. Small districts may send children to other 

districts and apply money to convey them. 

4. Money expended and at whose direction. 

5. Takes effect, when. 



School-districts 
may. 



Be it enacted by the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. Any town not divided into school-districts, and any Jowns without 
town in which all the school-districts are, or shall be, united, may may apply part 
take and use a part of the school money, not exceeding ten per ^ convey Xu-^^ 
<5ent, for the conveyance to and from school of pupils residing not •^''''" *° ^''^°°'- 
less than one mile and a half from the school. 

Sect. 2. Any school-district, by a major vote at any legal 
school-meeting in the district, may authorize the prudential com- 
mittee of said district to use a part of the school money appro- 
priated to the district for school purposes, not exceeding ten per 
cent, for the conveyance to and from the school of pupils living 
more than one mile and a half from the school. 

Sect. 3. School-districts having less than twelve scholars to s^^^jii districts 
attend any term of school may, by vote, at their annual or other dre'u to other 
legal meeting called for that purpose, authorize the prudential com- appiy^monly to 
mittee to provide for the attendance of pupils at the schools of ad- '''"'''^^' "'^"'• 
joining districts, the selection of such schools to be approved by the 
school committee of the town. And in such cases the prudential 
committee is authorized to appropriate an amount not exceeding 
ten per cent, as in section first provided, and to divide the remainder 
of the money appropriated for the term in the district among the 
adjoining districts in proportion to the pupils by them received. 

Sect. 4. All money appropriated under the provisions of sections ^°fat whose*^^*^ 
one and two of this act shall be expended under the order and at direction. 
the discretion of the officers charged with the prudential affairs of 
the district. 

Sect. 5. This act shall take effect on its passage. ^iJ'eu.^*^^^' 

[Approved August 16, 1878.] 



184 Chapter 56. [1878. 



CHAPTER 5Q. 

AN ACT TO PROVIDE FOR THE PRINTING AND DISTRIBUTION OF THE GENERAL 

LAWS. 



Section 

1. Commissioners to revise statutes to prepar^ 

General Laws for the public printer. 

2. Quality of paper and binding. 

3. Number of copies to be printed ; sale of copy- 

right. 

4. Distribution of General Laws. 



Section 

5. Label to be inserted in each volume dis- 

tributed. 

6. General Laws not to be published in news- 

papers. 

7. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in General 
Court convened : — 

Commissioners Sect. 1. TliG commissioners heretofore appointed to revise and 
utes, to prepare compile the statutos are requested, as soon as may be, to incor- 
?he"pubihf'^^^°'porate therein, so far as practicable, the laws which have been or 
printer. jj^g^y ]^q passcd at the present session ; correct and add to the title 

and chapter headings, sectional abstracts and numbers, marginal 
notes, references and citations in the General Laws, as reported by 
them, so far as it may be rendered necessary and proper by the 
amendments of the legislature, and the laws which have been or 
may be passed at the present session ; and add to the marginal 
citations references to the New Hampshire reports which contain 
decisions construing any provisions of the laws ; prepare a full and 
complete digested index of all the subject matter and things em- 
braced in the constitution of the United States and this state, and 
in said General Laws as adopted by the legislature, with a brief 
glossary of technical words and phrases employed therein ; and to 
superintend the printing of the whole in a single octavo volume, 
conforming generally as to size and style of page with the General 
Statutes, with the exception that the number of each title and 
chapter shall be expressed in figures, 
andbrndin^*^^"^ Sect. 2. Said General Laws shall be printed on good heavy 
paper, shall be well and strongly bound in good law sheep, and 
properly lettered on the back. 
Number of cop- Sect. 3. Said commissioucrs shall cause one thousand copies of 
s^e of copy^ ^ ' said General Laws to be so printed and bound under their direction 
right. i^y ^j^g state printer, for the use of the state, on or before the first 

day of January next. They shall receive proposals, and contract 
for the sale of the copyright of the said General Laws as against 
all other persons than the state, and provide for the publication and 
sale of said volume to the public on or before the first day of Jan- 
uary next, upon the most favorable terms which they can obtain, 
and not exceeding five dollars per copy ; and they may require sat- 
isfactory security to the state for the performance of such contract. 
Said commissioners, in making such contract, shall not stipulate for 
the payment of money to the state for said copyright, but for the 
sale of said volume to the public at the lowest practicable price. 
Distribution of Sect. 4. The ouc thousaud copies of Said volumc, herein bcforc 
General Laws. pj-Qvided for, shall be delivered to the secretary of state, who shall 
distribute the same as follows : To each town in the state, for the 
use of said town ; to each member and officer of tlie present execu- 



1878.] Chapters 56, 57. 185 

tive and legislative departments of the state government ; to each 
of the clerks of the senate and house ; to each of the legislative 
reporters of the present session ; to each of the commissioners to 
revise the statutes ; to the head of each department of the state 
government, for the use of their respective offices ; to each of the 
justices of the supreme court ; to clerk of said court, for the 
use of said court ; to each judge and register of probate ; and to 
each register of deeds, for the use of their respective offices ; to 
each board of county commissioners, for the use of the county ; to 
the attorney-general and each solicitor, for the use of their re- 
spective offices ; to the judge of each police court, for the use of the 
court ; to the clerk of the supreme court of the United States, for 
the use of said court ; to each judge of the circuit court of the United 
States for the district of New Hampshire ; and the judge of the district 
court for said district, for the use of their respective offices ; to the 
clerk of each of said courts, for the use of said courts ; to the depart- 
ment of justice and each of the executive departments at Washington; 
to each society, college, and library entitled to receive a copy of the 
laws, journals, and reports ; to the secretary of each of the British 
Provinces of North America, for the use of the government of said 
province, each one copy ; to the secretary of each state and territory 
of the Union, for the use of such state or territory, and to the 
library of congress, two copies ; to the state library, for the use of 
said library and of the committee rooms, fifteen copies ; and the 
remaining copies of said volume shall be by the said secretary de- 
posited in the large brick safe connected with his office, and he 
shall be held responsible and account therefor. 

Sect. 5. The secretary of state shall insert in each volume dis- Label to be in- 
tributed a label by him signed and dated, and stating that the same vofume^fs^^ 
is presented by the state, to whom, and for what use. tributed. 

Sect. 6. So much of the statute laws as might require the General Laws 
publication of the act entitled, "An act revising, compiling, and 1"°^*^ I'n news- 
consolidating the General Laws of the state," in the several news- papers, 
papers authorized to publish the laws, is hereby suspended, and 
said act shall not be published in such papers. 

Sect. 7. This act shall take effect upon its passage. Taies efltect, 

[Approved August 16, 1878.] 



CHAPTER 57. 

AN ACT TO RELIEVE THE TOWN OF MASON OF A PORTION OF ITS PUBLIC 

TAXES. 

Section i Section 

1. State and county taxes abated. | 2. Takes effect, when. 

Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 

Sect. 1. The state treasurer is hereby authorized and required ^*|*«*^^^^^""*y 
to abate from the state tax for 1878 to be paid by the town of 
Mason, in the county of Hillsborough, ten cents for every one 
6 



186 



Chapters 57, 58, 59. 



[1878. 



Takes effect, 
when. 



thousand dollars of the entire state tax, and to make the same pro- 
portional abatement annually thereafter of the state tax to be paid 
by said Mason during the period of apportionment fixed by the act 
of July 20, 1876, entitled, " An act to establish a proportion for 
the assessment of public taxes." And the treasurer of Hillsbor- 
ough county is hereby authorized and required to make a pro- 
portional annual abatement from the amount of county tax to be 
paid by said town of Mason in the year 1878, and subsequently 
until a new proportion for the assessment of public taxes shall be 
made. 

Sect. 2. This act shall take effect upon its passage, and all acts 
and parts of acts inconsistent therewith are hereby repealed. 

[Approved August 16, 1878.] 



CHAPTER 5 8. 

AN ACT RELATING TO THE SALARIES OF THE JUDGE AND REGISTER OF PRO- 
BATE FOR THE COUNTY OF BELKNAP. 



Section 
1. Salaries of judge and register increased. 



Section 
2. Repealing clause ; takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 



Salaries of judge 
and register 
increased. 



Repealing 
clause ; takes 
effect, when. 



Sect. 1. That the annual salary of the judge of probate for the 
county of Belknap shall be three hundred dollars, and the annual 
salary of the register of probate for said county shall be three hun- 
dred and twenty-five dollars, instead of the several sums now by 
law allowed. 

Sect. 2. All acts inconsistent with this act are hereby repealed, 
and this act shall take effect and be in force from and after its pas- 
sage. 

[Approved August 16, 1878.] 



CHAPTER 59. 

AN ACT TO LICENSE BILLIARD-TABLES AND BOWLING-ALLEYS. 



Section 

1. Billiard-tables, etc., to pay license of 
each. 



Section 

2. Penalty for not procuring license. 

3. License in lieu of taxes. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 



rte^'Y*^'**^']^*' Sect. 1. The owner or person having charge of any billiard- 
cen'seof $10 table Or bowling-alley, kept for hire, shall pay for a license the sum 
^^^' of ten dollars on every billiard-table or bowling-alley so kept to the 



1878.] 



Chapters 59, 60. 



187 



town or city where tlie same shall l)e kept, on or before the first 
day of May, annually. The clerk of every town and city shall 
issue such license to any person applying for the same on or before 
the first day of May, annually ; said license shall specify the num- 
ber of billiard-tables and bowling-alleys said ])erson shall be al- 
lowed to keep for hire in said town or city, and shall not be issued 
till said person has paid to said clerk the sum of ten dollars for 
every billiard-table and bowling-alley he shall be authorized by said 
license to so keep. Said clerk shall keep a copy of every license 
so issued, and shall pay over the money received for said licenses to 
the town or city treasurer on or before the first day of June, annu- 
ally, less the sum of fifty cents for every license, which he shall 
retain for his fee for issuing the same. 

Sect. 2. And every owner or person having any billiard-table Penalty for not 
or bowling-alley in his charge, who keeps the same for hire, and cense. 
who shall not procure and pay for a license for keeping the same, 
on or before the first day of May, annually, in each year, shall be 
liable to a penalty of twenty dollars for every billiard-table or 
bowling-alley so kept to such town or city, to be recovered in an 
action of debt in the name of said town or city against said owner 
or the person having the same in charge. 

Sect. 3. This license or penalty shall be in lieu of all taxes on License in ueu 
said billiard-table or bowling-alley so kept for hire. 

[Approved August 16, 1878.] 



CHAPTER 60. 

AN ACT PROVIDING FOR THE ANNUAL ELECTION OF TOWN OFFICERS IN 
MARCH, AND FOR A BOARD OF SUPERVISORS OF THE CHECK-LIST. 



Section 

1. Town officers to be elected annually. 

2. Act repealed. 

3. Check-list to be used in the election of mod" 

erator. 

4. Selectmen not to be supervisors. 

5. Supervisors to be elected biennially. 

6. Hearings for correction of check-lists ; name 

left off by mistake. 



Section 

7. Notice and sessions for hearings. 

8. Chairman to preside until moderator is chosen. 

9. Copy of list and oath thereon. 

10. Supervisors to be sworn. 

11. Vacancy, how filled. 

12. Repealing clause. 

13. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in G-eneral 
Court convened : — 



Sect. 1. Town-meetings for the choice of all town officers shall Town officers to 
be holden annually on the second Tuesday of March. nuaiiy*! * 

Sect. 2. Sections one and two of chapter seventy-four of the Act repealed. 
Pamphlet Laws passed June session, 1877, are hereby repealed. 



Sect. 



The check-list shall be used at all times in the election check-iist to be 

used in the eleo- 



of moderator. tionofmod- 

Sect. 4. The selectmen, during the term of their office, shalH^'f"'!' „„..„ 

1 1 -, 1 a:> f ^ iiT belectmen not to 

not hold the office of supervisors of the check-list. i^e supervisors. 

Sect. 5. A board of supervisors, consisting of three legal voters supervisors to 
in each town, shall be elected at the biennial election to be holden enniaiiy. 



188 Chapter 60. [1878. 

in November next by major vote, and at each biennial election 
thereafter, whose duty shall be to make out and post up, at two or 
more of the most public places in town, a full and complete alpha- 
betical list of all the legal voters in said town, fourteen days before 
the day of said election at which such list is required to be used ; 
and the check-list shall be used at all times in the elections of super- 
visors. 

Hearings for Sect. 6. Said supcrvisors shall hold sessions at some suitable 

ch^ck-us^B" place for the correction of said check-list. They shall hear all 

SSrtIk? °^ ^^ applications for putting on new names, or for striking off names 
put on, and all evidence offered in support of such applications, and 
shall correct said check-list accordingly. All persons whose names 
are entered upon said list shall be deemed legal voters, and no per- 
son whose name is not upon said list shall be allowed to vote, unless 
his name was left oft' by mistake, and his right clearly known to 
the supervisors before the list was made out ; said supervisors shall 
have power to administer oaths to all persons who testify before 
them in regard to the right of any person claiming to be a voter. 

Notice and ses- Sect. 7. The time and place of the hearings of said supervisors 

ings. shall be stated upon the posted check-lists, giving the days of the 

hearing, and hour at which the hearing commences ; and they shall 
be in session two days before the day of election. In all towns 
where there are more than six hundred legal voters, the first meet- 
ing shall be six days before the day of election, and the hearings 
shall be adjourned from day to day until the claims of all applicants 
shall be heard and decided ; and all hearings shall close on the day 
before the day of election. 

ride^mtii'mod-^" Sect. 8. The chairman of the board of supervisors shall call the 

eratoris chosen, towu-meeting to ordcr and preside until a moderator is chosen ; and 
it shall be the duty of the supervisors to remain in attendance upon 
said meeting, during the day of election. 

Copy of list and Sect. 9. An attested copy of said check-list, as corrected, shall 
be lodged with the town-clerk on the day of election before the 
opening of the meeting ; and before said meeting is opened said 
supervisors shall subscribe and make oath to the same certificates 
upon the back of said corrected list as is now required by law to be 
made by selectmen. 

f e'sworn"'^ *° Sect. 10. Said board of supervisors shall, before entering upon 
the duties of their office, be sworn to the faithful discharge of their 
duties, and shall be subject to all the liabilities and penalties to 
which selectmen are now liable for any omissions of duty or any 
violations of law in performing the duties of their office. 

Vacancy, how Sect. 11. In casc of death, resignation, or removal of a super- 
visor of the check-list of any town, it shall be the duty of the re- 
maining supervisors to fill the vacancy by an appointment in writ- 
ing, which appointment shall be recorded by the town-clerk, and 
the supervisor thus appointed shall be duly sworn. 

dause!'"^ Sect. 12. All acts and parts of acts inconsistent with this act 

are hereby repealed. 

Takes effect, Sect. 13. This act sliall take effcct upou its passage. 

^'''"- [Approved August 16, 1878.] 



1878.] Chapters 61, 62. 189 



CHAPTER 61. 

AN ACT TO PROVIDE FOR THE ASSESSMENT AND COLLECTION OF A STATE 

TAX. 

Section 1. State tax of $400,000 provided for. 

Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 

Sect. 1. The sum of four hundred thousand dollars shall b6|^(^°'o- 
raised for the use of the state, and shall be assessed, collected, andvidedtor. 
paid into the treasury on or before the first day of December, in 
the year of our Lord 1879 ; and the state treasurer is hereby direct- 
ed 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 the public taxes made 
June session, 1876 ; 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 1879, and the state treasurer is hereby authorized to 
issue his extents for all the taxes which shall then remain unpaid. 

[Approved August 16, 1878.] 



CHAPTER 62. 

AN ACT FOR THE RELIEF OF THE TOWN OF LISBON. 

Sectiom I Section 

1. State and county taxes abated. | 2. Takes effect, when ; repealing clause. 

Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 

Sect, 1. The state treasurer is hereby authorized and required state and county 
to abate from the state tax for 1878 to be paid by the town of L^g. ***«« a^»*^- 
bon, in the county of Grafton, fifty-five cents for every one thou- 
sand dollars of the entire state tax, and to make the same propor- 
tional abatement annually thereafter of the state tax to be paid by 
said Lisbon during the period of apportionment fixed by the act of 
July 20, 1876, entitled, " An act to establish a new proportion for 
the assessment of public taxes." And the treasurer of the county 
of Grafton is also hereby authorized and required to make a pro- 
portional annual abatement from the amount of county tax to be 
paid by said Lisbon in 1878, and subsequently until a new propor- 
tion for assessment of public taxes shall be made. 

Sect. 2. This act shall take effect upon its passage, and all acts Takes effect, 
and parts of acts inconsistent therewith are hereby repealed. dause. "^* "^ 

[Approved August 16, 1878.] 



190 



Chapters 63, 64. 



[1878. 



CHAPTER 6 3 



AN ACT FOR THE RELIEF OF THE TOWN OF LEBANON. 



Section 
1. State and county taxes abated. 



Section 
2. Takes effect, when ; repealing clause. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 

state and county Sect. 1. The state treasurer is hereby authorized and required 
taxes abated, to abate from the state tax for 1878 to be paid by the town of 
Lebanon, in the county of Grafton, one dollar and forty-two cents 
for every one thousand dollars of the entire state tax, and to make 
the same proportional abatement annually thereafter of the state 
tax to be paid by said Lebanon during the period of apportion- 
ment fixed by the act of July 20, 1876, entitled, " An act to estab- 
lish a new proportion for the assessment of public taxes." And 
the treasurer of the county of Grafton is also hereby authorized and 
required to make a proportional annual abatement from the amount 
of county tax to be paid by said Lebanon in 1878, and subsequently 
until a new proportion for the assessment of public taxes shall be 
made. 
Takes effect, Sect. 2. This act shall take effect upon its passage, and all acts 

ciauL'. "^^^^^ '"^ and parts of acts inconsistent therewith are hereby repealed. 
[Approved August 16, 1878.] 



CHAPTER 64 



AN ACT IN AMENDMENT OF CHAPTER TWO HUNDRED AND FIFTEEN OF THE 
GENERAL LAWS, RELATING TO REVIEWS AND NEW TRIALS. 



Section 
1. Right of review abrogated. 



Section 
2. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 



Rightof review Sect. 1. That scctious ouc, two, tlirec, four, cleveii, twclvc, and 
abrogated. thirteen of chapter two hundred and fifteen of the General Statutes, 

relating to reviews and new trials, be and hereby are repealed, 
sftkes effect, Sect. 2. This act shall take effect from and after its passage, 

when. [Approved August 17, 1878.] 



1878.] 



Chapters 65, Q6, 67. 



191 



CHAPTER 65. 

AN ACT IN AMENDMENT OF CHAPTER TWO HUNDRED AND THIRTEEN OF 
THE GENERAL LAWS, REQUIRING THE JUDGES OF THE SUPREME COURT 
TO PUBLISH AN ABSTRACT OF THEIR OPINIONS. 

Section 1. Act amended. 

Be it enacted hy the Senate and Souse of Representatives in General 
Court convened : — 

Sect. 1. Section one of chapter two hnndred and thirteen of Act amended, 
the General Laws, approved Augnst 6, 1878, is hereby repealed. 
[Approved August 17, 1878.] 



CHAPTER 66 



AN ACT IN AMENDMENT OF AN ACT ENTITLED, "AN ACT TO RE-ORGANIZE 
AND EQUALIZE THE SENATORIAL DISTRICTS ACCORDING TO THE AMEND- 
ED CONSTITUTION," PASSED JUNE SESSION, 1877. 



Section 
1. Croydon and Sunapee annexed to district 7. 



Section 
2. Repealing clause ; takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 

Sect. 1. That the town of Croydon, in the county of Sullivan, croydon and 
be severed from senatorial district No. 3 and annexed to senatorial ^^ed to ^s- 
district No. 7, and the town of Sunapee be severed from senatorial *"<=* ^• 
district No. 8 and annexed to senatorial district No. 7. 

Sect. 2. All acts and parts of acts inconsistent with the provi- Repealing 
sions of this act are hereby repealed, and this act shall take effect effrct^wh^n' 
upon its passage. 

[Approved August 17, 1878.] 



CHAPTER 67. 

AN ACT TO APPORTION AND DEFINE THE REPRESENTATION OF TOWNS, 
PLACES, AND WARDS, AS REQUIRED BY THE AMENDED CONSTITUTION. 



Section 

1. Towns classed. 

2. Towns that elect in 1878 and 1880. 

3. Towns whose boundaries have been changed. 

4. Apportionment according to census of 1870. 



Section 

5. Roll of representatives, how and by whom 

made. 

6. Words defined. 

7. Repealing clause ; takes effect, when. 



Be it enacted by the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. That the following-named towns and places, not hav- Towns classed. 
ing the constitutional number of inhabitants each for a representa- 



Class 1. 


Class 1. 


Class 2. 


Class 2. 


Class 3. 


Class 3. 


Class 4. 


Class 4. 


Class 5. 


Class 5. 


Class 6. 


Class 6. 


Class 7. 


Class 7. 


Class 8. 


Class 8. 


Class 9. 


Class 9. 


Class 10. 


Class 10. 


Class 11. 


Class 11. 


Class 12. 


Class 12. 


Towns that elect 


Sect. 2. 



192 Chapter 67. [1878. 

tive in the general court, are hereby classed for the election of 
representatives, and each class may elect one representative bien- 
nially, to wit : — 

Clarksville and Pittsburg. 

Berlin and Randolph. 

Franconia and Lincoln. 

Ellsworth, Waterville, and Woodstock. 

Easton and Landaff. 

Groton and Hebron. 

Gilsum and Sullivan. 

Nelson and Roxbury. 

Bennington and Greenfield. 

Fremont and Sandown. 

East Kingston and South Hampton. 

Jackson, Livermore, and Hart's Location. 

in 1878 and 1880 "' That of tlic remaining towns and wards, those not 

' having the constitutional number of inhabitants as shown by the 
census of 1870, and being so situated that they cannot conveniently 
be classed ; and such as are not classed by section one of this act, 
those herein after named, are hereby authorized to each elect a 
representative such proportionate part of the time as the number 
of its inhabitants as shown by the census of 1870 shall bear to six 
hundred ; that is to say, they shall elect as follows ; to wit, Albany, 
Atkinson, Bridgewater, Brookfield, Carroll, Center Harbor, Dan- 
ville, Dublin, Dummer, Goshen, Langdon, Mason, Madbury, Man- 
chester ward eight, Monroe, Orange, Surry, and Temple, in the 
1878. year 1878 ; and Atkinson, Benton, Center Harbor, Chatham, Dan- 

ville, Dublin, Errol, Greenville, Goshen, Harrisville, Langdon, 
Litchfield, Madbury, Manchester ward eight, Middleton, Newing- 
1880. ton, Sharon, Shelburne, and Stark, in the year 1880 ; and none of 

said towns or wards named in section two of this act shall elect 
except as herein provided. 
Towns whose Sect. 3. That the following-named towns and wards, having 

boundaries have ■, t ,■, . ■, ■, ■,. , °,. ,, ', ,° 

been changed, had their bouudary lines changed since the last census, are hereby 
authorized to elect representatives ; that is to say, Bethlehem, Con- 
cord wards one, two, three, and seven ; Dover wards one and five ; 
Durham, Francestown, Hampstead, Keene wards one, two, three, 
four, and five ; Lyndeborough, Marlborough, Meredith, Nashua 
wards one, two, three, four, five, seven, and eight ; Portsmouth 
wards three and four. Rye, Sanbornton, Tilton, and Troy, may 

onerepresenta- g^ch clcct ouc representative biennially ; and Concord wards four, 
five, and six ; Dover wards two, three, and four ; Laconia, Man- 
chester wards one, two, six, and seven ; Milford, and Newmarket, 

Two. may each elect two representatives biennially ; and Gilford, Man- 

chester ward five, Nashua ward six, and Portsmouth wards one and 

Three. two, may each elect three representatives biennially ; and Manches- 

Four. ter wards three and four may each elect four representatives bien- 

nially ; and none of the towns or wards named in section three of 
this act shall elect except as herein provided. 

Apportionment Sect. 4. That the following-named towns, none of which had 

according to cen- • ■, , , t i • -, ■, • ^ , -i ph^mt/n 

SUB of 1870. eighteen hundred inhabitants as shown by the census of 1870, may 
each elect one representative biennially ; namely, Acworth, Alex- 
andria, AUenstown, Alstead, Alton, Amherst, Andover, Antrim, 
Ashland, Auburn, Bath, Barnstead, Barrington, Bartlett, Bedford, 



1878.] Chapter 67. 193 

Belmont, Boscawen, Bow, Bradford, Brentwood, Bristol, Brook- ^"j;;*^\\^;'i^f?j 
line, Campton, Candia, Canterbury, Charlestown, Chester, Chester- '"iiabuauts. 
field, Chichester, Colebrook, Columbia, Conway, Cornish, Croydon, 
Danbury, Dalton, Deerfield, Deering, Dorchester, Dunbarton, 
Eaton, Effingham, Enfield, Epping, Epsom, Fitzwilliam, Freedom, 
Gilmanton, Goffstown, Gorham, Grafton, Grantham, Greenland, 
Hampton, Hampton Falls, Hancock, Henniker, Hill, Hillsljorough, 
Hinsdale, Holderness, HoUis, Hooksett, Hudson, Jaffrey, Jefferson, 
Kensington, Kingston, Lee, Lempster, Londonderry, Loudon, Ly- 
man, Lyme, Madison, Marlow, Merrimack, Milan, Milton, Mont 
Vernon, Moultonborough, New Boston, Newbury, Newcastle, New 
Durham, New Hampton, New Ipswich, New London, Newton, 
Northfield, North Ham])ton, Northumberland, Northwood, Notting- 
ham, Orford, Pelham, Pieriiiont, Pittsfield, Plainfield, Plaistow, 
Plymouth, Raymond, Richmond, Rindge, RoUinsford, Rumney, 
Salem, Salisbury, Seal^rook, South Newmarket, Springfield, Stew- 
artstown, Stoddard, Strafford, Stratford, Stratham, Sunapee, Sut- 
ton, Swanzey, Tamworth, Thornton, Tuftonborough, Unity, Wake- 
field, Warner, Warren, Washington, Webster, Wentworth, 
Westmoreland, Whitefield, Wilmot, and Windham ; and the fol- 
lowing-named towns, none of which had thirty hundred inhabitants Less than 3,000. 
as shown by the census of 1870, may each elect two representatives 
biennially ; namely, Canaan, Derry, Farmington, Franklin, Han- 
over, Haverhill, Hopkinton, Lancaster, Lisbon, Littleton, Newport, 
Ossipee, Pembroke, Peterborough, Sandwich, Walpole, Weare, 
Wilton, Winchester, and Wolfeborough ; and the following-named 
towns, none of which had forty-two hundred inhabitants as shown Less than 4,200. 
by the census of 1870, may each elect three representatives bien- 
ally ; namely, Claremont, Exeter, Lebanon, and Rochester ; and 
the town of Somersworth, not having had fifty-four hundred inliab- Less than 5,400. 
itants as shown by the census of 1870, may elect four representa- 
tives biennially, and none of the towns named in section four of 
this act snail elect except as herein provided. 

Sect. 5. That the clerk of the preceding house of representa-Roiiofrepresen- 
tives, in making up the roll of members elect for' use in the organ- b^wiioiuiiTade! 
ization of the house, shall place upon said roll only the names of 
those presenting certificates of election duly issued in conformity 
to the requirements of the amended constitution and the provisions 
of this act, and if from any town, ward, or class are presented cer- 
tificates for more representatives than such town, ward, or class is 
entitled to under the provisions of this act, then said clerk shall not 
enter any name from such town, ward, or class, until the house, 
after organization, shall have determined which, if any, of such 
names may be placed ftpon said roll. 

Sect. 6. The word "ward" or "town," as used in this act, words defined. 
shall in all cases, where the boundary lines of a ward or town have 
been or shall be altered or changed at this session of the legisla- 
ture, be construed to mean the ward or town newly constituted by 
such alteration or change. 

Sect. 7. All acts and parts of acts in conflict with the pro vis- Repealing 
ions of this act are hereby repealed, and this act shall take effect effe"ctV«hen.'' 
upon its passage. 

[Approved August 17, 1878.] 



194 



Chaptees 68, 69. 



[1878. 



CHAPTER 68. 

AN ACT AUTHORIZING THE SELECTMEN OF TOWNS TO RE-ASSESS TAXES- 

IN CERTAIN CASES. 

Section j Section 

1. Property assessed to wrong person, or not at 2. Takes effect, when, 
all, may be within the year. | 

Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 



Property as- Sect. 1. That if the Selectmen, before the expiration of the year 

person, or not at f OF whlch a tax lias bceii assessccl, shall discover that the same has 
fn tiTyea?."^'"'" been taxed to a person not by law lial)le, they may, upon abatement 
of such tax and upon notice to the person liable for such tax, impose 
the same upon the person so liable. And, also, if it shall be found 
that any person or i)roperty shall have escaped taxation, the select- 
men, 111)011 notice to the })erson, shall impose a tax upon the person, 
or property so liable. 

Sect. 2. This act shall take effect on its passage. 
[Api)roved August 17, 1878.] 



Takes effect, 
when. 



CHAPTER 69. 

AN ACT IN ADDITION TO AND AMENDMENT OF CHAPTER FIFTY-ONE OF 
THE GENERAL STATUTES, ENTITLED, " ANNUAL INVOICE OF POLLS AND 
TAXABLE PROPERTY." 



Section 

1. Secretary of state to prepare and furnish 

blank inventories to assessors. 

2. Assessors to deliver them to persons liable to 

be taxed ; to be returned to assessors filled out 
and sworn to. 

3. In case of corporations, trustees, etc. 

4. Doomage for making no return, or a false 

one. 



Section 

5. Notice of sessions for hearing parties in re- 
gard to their liability. 
0. Penalty for neglect of duty by assessors. 

7. Inventory may be received after the 15th of 

April in certain oases. 

8. Willful false swearing, perjury. 

9. Substance of tax-payer's oath. 
10. Repealing clause. 



Be it enacted hy the Senate and House of Representatives in G-eneral 
Court convened : — 



Secretai-y of 
state to prepare 
and furnish 
blank invento- 
ries to assessors. 



Sect. 1. It shall l>c the duty of the secretary of state annually, 
on or before the lirst day of March, to furnish, at the expense of 
the state, to the selectmen of each town and the assessors of the 
several cities, blank inventories, in convenient form, sufficient in 
number to meet the requirements of this act, and of all acts I'elat- 
ing to the taxation of estates ; which said blank inventories shall 
be by him arranged in pro})cr form, and with suitable interrogatories 
therefor. And said blanks shall be so arranged and formulated by 
said secretary, as to require, under oath, and in answer to interrog- 
atories therein set down, full information to be given therein by the 
person or corporation to be taxed, of the classes, in gross, and the 



1878.] Chapter 69. 195 

amount thereof of each class, of his property and estate, and the 
value, by such classes, of his personal property and estate liable to 
be taxed, and such further information as will enable the select- 
men or assessors to assess such property and estate at its true 
value. 

Sect. 2. The selectmen and assessors sliall deliver such blank ^»8^*f°" '? <*e- 

1 T I'll 1 (> liy^T them to 

inventory, or cause the same to be delivered, in hand to or left at persons uaWe to 

,1 1 1 J" 1 1 I • If , . be taxed ; to be 

the usual place oi abode or business oi every person or corporation returned to aa- 
in their respective towns or cities, who, upon due inquiry by such auTswom^ta""* 
selectmen or assessors, they shall have good cause to believe is lia- 
ble to be taxed therein for any personal estate. And the same 
shall be so delivered or left, on or before the twentieth day of March 
in each year ; and every such person or corporation shall, on or be- 
fore the fifteenth day of April next thereafter, answer, in writing, 
in said inventory, the questions in said inventory set down and con- 
tained, and sliall otherwise properly fill out said inventory, and sub- 
scribe and make oath to the truth of the same before some justice 
of the peace or a selectman or assessor, any one of whom is hereby 
empowered and authorized to administer such oath, so that the 
same may and shall furnish full and correct information of all such 
matters as are in said inventory, and, by the interrogatories therein 
set down, required, and deliver and return the same to said selectmen 
or assessors on or before said fifteenth day of April. 

Sect. 3. In case of corporations, such inventory shall be deliv- 1" case^o^f cov- 
ered to or left at the usual place of abode or business of the officer trustees, etc. 
thereof on whom it is by law required that writs shall be served ; 
and such corporation shall make the required return by its ])resi- 
dent or other principal officer. In case of property or estate be- 
longing to trustees, estates of deceased persons and guardians, and 
of property or estate not in the care or possession of the owner, 
such notice shall be given to and such return of inventory shall lie 
made by the person to whom the property is by law taxable. 

Sect. 4. Upon the return of such inventory, the selectmen or ^"['V'-'^sefoi- 

1 . p , 111 making no re- 

assessors, upon examination of the same, shall assess a tax against tm", or a false 
such person or corporation liable to taxation, according to the state- ""^' 
ment therein contained. If any such person or corporation shall 
willfully omit to make, deliver, and return such inventory, or to 
answer any interrogatory therein, as by this act required, or shall 
make any false answer or statement therein, or in relation to his 
estate or property for which he is taxable, or if the selectmen or 
assessors shall be dissatisfied with such inventory so returned, the 
selectmen or assessors shall ascertain otherwise, as nearly as may 
be, the amount and value of the property and estate for which, in 
their opinion, he is liable to be taxed, and shall then set down to 
such person or corporation, by way of doomage, four times as much 
as such estate, if so inventoried and returned, would be legally 
taxable. 

Sect. 5. The selectmen or assessors shall, on the first Monday Notice oi s,.s- 
of April in each year, give public notice of the times and l)lacespa*',!tLs'in^'^e■i,w^^ 
where they will he in session for the purpose of receiving such in-totiu-iruai.iiity. 
ventory, and of hearing all parties in regard to their lial)ility to 
taxation. Such notice shall state the turn when such session will 
commence and close, and shall be posted in one or more public 
places in said town or city, and in case a newspaper is iirinled in 



196 



Chapters 69, 70. 



[1878. 



Penalty for neg- 
lect of duty by 
assessors. 



Inventory may 
be received after 
the 15th of April 
in certain cases. 



Willful false 
swearing, per- 
jury. 



Substance of 
tax-payer's oath. 



Repealing 
clause. 



said town or cit}", then also by publication in said newspaper, and 
by such other means as they shall think proper. 

Sect. 6. If any selectman or board of selectmen, or assessor or 
board of assessors, shall neglect to so deliver or cause to be so de- 
livered, said blank inventory in hand, or to be left at the usual place 
of abode or business of any person or corporation in their respec- 
tive towns or cities liable to be taxed therein, in the way and man- 
ner prescribed in this act, when such selectman or board of select- 
men, or assessor or board of assessors, shall have good cause or 
reason to believe such person or corporation to be the owner of or 
liable to be taxed therein for personal estate ; or shall be guilty of 
the willful violation of any of the provisions of this act, or shall 
willfully neglect or omit to perform any duty imposed upon him or 
them by this act, or by any law of the state, or shall willfully omit 
or fail to enforce any of the provisions of this act or of said laws, 
he or they shall forfeit for each offense the sum of two hundred 
dollars, to be recovered by any person who will first sue therefor. 

Sect. 7. The selectmen and assessors are authorized to receive 
such inventory before the first day of May from any person or cor- 
poration who they shall be of the opinion was prevented from mak- 
ing: and returning the same l)efore the fifteenth day of April, by 
accident, misfortune, or mistake. 

Sect. 8. If any person shall willfully swear falsely in violation 
of the provisions of this act, he shall be deemed guilty of perjury 
and punished accordingly. 

Sect. 9. The oath required of the tax-payers in and by said 
inventory shall be, that, according to the best of his knowledge, or 
belief, said inventory contains a true statement of all his or their 
])roperty liable to taxation, and that he or they have not conveyed 
or disposed of any property or estate in any manner for the purpose 
of evading the provisions of this act. 

Sect.. 10. Sections two, four, five, and six of said chapter fifty- 
one are hereby repealed. 

[Approved August 17, 1878.] 



CHAPTER 70. 



AN ACT PROVIDING FOR THE TAXATION OF RAILROADS. 



Section 

1. Railroads to be assessed upon their actual 

value. 

2. To be determined by state board of equaliza- 

tion. 

3. Railroads to furnish evidence of value. 



Section 

4. Hearings and determination of board. 

5. Doomage for neglect to furnish required evi- 

dence. 

6. Payment of tax and penalty for default. 

7. Repealing clause. 



Be it enacted hy the Senate and House of Representatives in Q-eneral 
Court convened : — 



Railroads to be 
assessed upon 
their actual 
value. 



Sect. 1. Every railroad corporation in this state, not exempted 
from taxation l)y chapter eighteen of the Pamphlet Laws passed 
June session, 1868, shall pay to the state an annual tax upon the 



1878.] Chapters 70, 71. 197 

actual value of the road, rolling stock, and equipments on the first 
day of April of each year, as near as may be in proportion to the 
taxation of other property in April of each year, in the several 
towns and cities in which such railroad is located, to be distributed 
according to existing laws. 

Sect. 2. The state board of equalization shall determine the To weter-^^ 
actual value of every railroad liable to taxation, and the rate at board of equai- 
which the same shall be taxed. ''*"""• 

Sect. 3. Every such corporation shall furnish to the state board ^^"/°^^e^°J"^f 
of equalization all evidence necessary for their action, or which ^aiie- 
may be required by them. 

Sect. 4. The state board of equalization shall appoint a time ^^^^^'^1^^?*^*?,^^^ ^^ 
and place of hearing, shall hear all parties interested, and shall file board. 
a certificate of their determination with the state treasurer. 

Sect. 5. If any railroad corporation shall neglect seasonably to i^^*^"^^! f°/ 

*^ "^ nBGflGCt to fur- 

lay the required evidence before the state board of equalization, nish required 
they shall be doomed to pay a tax of two per cent on their author- ®^''^®'"'®- 
ized capital stock and debt, reckoned at the par value, and certifi- 
cates thereof shall be filed with the state treasurer. 

Sect. 6. Every railroad corporation shall pay to the state treas- ^j^y™^^^j°* *^ 
urer, in the month of September, annually, the tax so assessed ; default. 
and, upon their neglect, the state treasurer shall add thereto inter- 
est after such default at the rate of ten per cent per annum, and 
shall issue his extent for the sum unpaid, and for interest as afore- 
said until payment is made ; and all property of the corporation 
on the first day of April preceding, shall be liable for its payment. 

Sect. 7. All acts and parts of acts inconsistent with this act are Repealing 

, , - -, *■ clause. 

hereby repealed. 

[Approved August 17, 1878.] 



CHAPTER 71 



AN ACT IN RELATION TO THE DISTRIBUTION OF THE GEOLOGICAL SURVEY 

OF THE STATE. 

Section i Section 

1. Distribution and sale of state geology. | 2. Takes effect, when ; repealing clause. 

Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. The governor, with the advice of the council, is hereby Distribution and 
authorized and empowered to distribute copies of the geological geoUgy^ * ^ 
survey to such scientific men and literary institutions as he may 
deem best, not exceeding fifty in number, and that the trustees of 
the library be authorized to sell of those which remain a number of 
sets not exceeding four hundred in all, at the rate of four dollars a 
volume ; and that they may be as equitably distributed as possible, 
said trustees shall, upon application of the selectmen of any town 
or ward in this state, sell to said town or ward, or to any person or 
persons, or to any public library whose applications shall be en- 



198 



Chapters 71, 72, 73. 



[1878. 



Takes effect, 
when ; 
clause. 



mg 



dorsed by said selectmen, a number of copies equal to the num- 
ber of representatives to which said town or ward was entitled at 
the present session of the legislature, and said trustees shall sell 
only upon such application or endorsement. 

Sect. 2. This act shall take effect on its passage, and all acts 
and parts of acts inconsistent with this act are hereby repealed. 

[Approved August 17, 1878.] 



CHAPTER 72. 

AN ACT ENTITLED AN ACT REGULATING THE KILLLNG OF DEER IN COOS 

COUNTY. 



Section 

1. Deer in Coos county may be killed, when. 

2. Repealing clause. 



Section 
3. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 



Deer in Coos Sect. 1. It sliall bc lawful to kill deer within the limits of 

wuelS'whJn.^ Coos couuty between the first day of August and the first day of 

December in any year. 
Repealing Sect. 2. All acts and parts of acts inconsistent with this act are 

hereby repealed. 

Sect. 3. This act shall take effect on its passage. 
[Approved August 17, 1878.] 



Takes effect, 
when. 



CHAPTER 73 



AN ACT TO PROVIDE FOR A STATE BOARD OF EQUALIZATION AND TO 

DEFINE ITS DUTIES. 



Section 

1. Board of equalization, by whom appointed ; 

term of office and duties. 

2. Meetings, organization and records. 

3. Oath of office. 

4. Selectmen to return inventories to secretary 

of state, annually ; to county commissioners, 
once in four years ; commissioners to make 
personal examination and equalize appraise- 
ment ; to meet with board of equalization ; 
rules for their government. 

5. Secretary to lay the returns before the board. 



Section 

C. Commissioners to act with board ; their com- 
pensation. 

7. Board to examine inventories once in four 

years ; to make additions or deductions ; to 
certify and file with secretary of state. 

8. Secretary to furnish blank inventories, and 

procure printed abstracts for legislature. 

9. Quorum ; party aggrieved may petition su- 

preme court. 

10. Compensation of board. 

11. Repealing clause ; takes effect, when. 



Be it enacted by the Senate and House of Representatives in General 
Court conveyied : — 



Eati(fn?by^^fom ^^^'^- 1- Thcrc shall be a state board of equalization, to consist 
appointed ; term of fivc members to be nominated and appointed l)y the supreme 
duties. *" court aucl commissioned by the governor (who shall hold their 



1878.] Chapter 73. 199 

office for two years and until others are appointed in their stead), 
whose duty it shall l^e to assess the taxes upon the several rail- 
roads within the state, to perform the duties now devolving upon 
the apportionment committee of the house of representatives, and 
to perform such other duties as may from time to time be imposed 
upon them by the legislature. 

Sect. 2. The board shall meet at the capitol, in Concord, on Meetings organ- 

' ' ' ization ana 

the first Tuesday in May of each year, and shall organize by the records, 
choice of a chairman and secretary from the members of the board. 
The board may adjourn from time to time, until the business before 
it is completed. The secretary of the board shall keep a record of 
their proceedings, which shall be certified by the chairman and 
secretary and filed in the office of the secretary of state. 

Sect. 3. The several persons constituting the board shall, before oath of office, 
entering upon the duties of their office, take and subscribe the 
constitutional oath of office, which oath shall be filed and preserved 
with the proceedings of the board. 

Sect. 4. The selectmen of every town, at the expense of the srfectmen^to^re- 
town, shall, on or before the first day of May of each year, trans- to secretary of 
mit to the secretary of state an entire inventory of the polls and to'^county^com- 
ratable estate of such town, as taken in April for that year. Said [5i'fou"yeLT-*'^ 
inventories shall contain the footings of each column of the in- commissioner's 
voices of all polls and property taxed in the town in April of that examination and 
year. They shall also report the amount of the tax levied upon prafsement; to 
the inventory for all purposes, and the rate per cent of taxation for JJJ®^^^'!i2i*^3^^j°^f 
all purposes in their respective towns. They shall also transmit, i^ies for their 
on or before the first day of September, 1878, and on or before the^°'^"'""*'' ' 
first day of September every fourth year thereafter, to the county 
commissioners of their county, the entire inventory of the polls and 
ratable estate of their respective towns taken in April for that 
year. It shall be the duty of the county commissioners of each 
county, once in four years, commencing on the second Tuesday of 
September, 1878, to visit every town in their county and personally 
inspect so much of the real and personal estate in said towns as 
they deem necessary in order to judge whether said property is 
appraised at a higher or lower rate than its true value (not to 
exceed two days in any one town), and upon completing said 
inspection they shall proceed to equalize the appraisement of each 
town in said county. The chairman of the county commissioners 
(or one of their number to be designated by the board) shall take 
the corrected appraisal and meet with the state board of equaliza- 
tion at Concord on the first Tuesday of May succeeding their 
investigation, and together with said state board of equalization 
shall constitute a joint board for equalizing the apportionment to 
the different counties, so that each county shall pay its just propor- 
tion of the state tax. In fixing the value of the real and personal 
estate, the county commissioners shall be governed by the same 
rule that now applies to the appraisal of property by selectmen and 
assessors in the several towns. 

Sect. 5. The secretary of state shall lay the returns provided secretary to lay 
for by the foregoing section, before the state board of equalization fore tue board, 
at their session on the first Tuesday in May of each year. 



200 



Chapter 73, 



[1878. 



Commissioners 
to act with 
board ; their 
compensation. 



Board to exam- 
ine inventories 
once in four 
years ; to make 
additions or 
deductions ; to 
certify and file 
with secretary 
of state. 



After the board shall have been organized at its May 



Secretary to fur- 
nish blank in- 
ventories, and 
procure printed 
abstracts for 
legislature. 



Quorum ; party 
aggrieved may 
petition supreme 
court. 



Compensation of 
board. 



Sect. 6. The state board of equalization, together with the- 
county commissioners, as aforesaid, shall have a general supervision 
of the subject of taxation in the state, so far as it relates to the in- 
ventories and appraisal of the selectmen and assessors in the various 
cities, towns, and places in the state. The state board of equaliza- 
tion shall perform all other duties specified in this act. The county 
commissioners, in performing the duties hereby assigned them, shall 
receive two dollars per day and their actual expenses while engaged 
in said duties, to be paid by the county treasurer of their respective 
counties, upon the approval of their bills by the county auditor ; 
said bills shall state the date of each day of service and the items 
of all expense allowed. 

Sect. 7 
session, 1879, and every fourth year thereafter, they shall proceed 
to examine the inventories provided for by section four of this act ; 
and they shall determine whether the relative valuation between the 
several cities and towns is equal and uniform, and whether the 
personal estate of the several towns has been uniformly estimated, 
according to the best information which can be derived from the 
statistics of the state or from any other source. If, after such ex- 
amination, such assessments shall de determined relatively unequal, 
they shall equalize the same by adding to or deducting from the- 
aggregate valuation of taxable real and personal estate in such town 
or towns such percentage as will produce relative, equal, and uni- 
form valuations between the several cities and towns in the state ; 
and the percentage so added or deducted shall be entered upon 
the records ; and the valuations of the cities and towns, as equal- 
ized, shall be certified and signed by the chairman and secretary 
of the board and filed in the office of the secretary of state, and 
shall be the basis for apportioning all state and county taxes until 
another equalization shall be made. 

Sect. 8. The secretary of state shall furnish the selectmen with 
blank inventories, in form as aforesaid, on or before the first day of 
April, 1879, and on or before the first day of April in every fourth 
year thereafter ; and, when said inventories have been returned and 
equalized as aforesaid, he shall make out an abstract of the footings 
or amount of the several inventories, as equalized, arranged by 
counties, and procure four hundred copies thereof to be printed 
and laid before the general court at commencement of the session 
next after said inventories are returned. 

Sect. 9. Three members of the board shall constitute a quorum 
for the transaction of business. Any party aggrieved at the decis- 
ion of said board, shall give notice thereof to said board, in writing, 
within six months after notice of such decision, and shall apply by 
petition for redress, within one year from the same time, to the 
supreme court, at its law term, which shall give such notice to the 
parties, and such hearing, and make such orders in the same as 
justice may require. In all such proceedings founded upon the 
action of said board, the party appealing shall l)e the plaintiff, and 
the state of New Hampshire the defendant ; and the court shall 
make all such orders as to costs and security for costs, and upon all 
other matters, as justice may require. 

Sect. 10. The members of the board shall receive three dollars 
per day and their actual expenses while employed in performing 



1878.] 



Chapters 73, 74. 



201 



the duties assigned them, which shall be paid by the treasurer on 
properly itemized bills, certified by the chairman and secretary of 
the board, and the warrant of the governor. 

Sect. 11. Chapter sixty of the General Statutes, and all acts fi|P^^^'°|^g 
and parts of acts inconsistent with the provisions of this act are effect, when, 
hereby repealed, and this act shall be in force from and after its 
passage. 

[Approved August 17, 1878.] 



CHAPTER 74. 



AN ACT TO DEFRAY THE COST OF PROBATE COURTS. 



Section 

1. Legacies, etc., to pay a tax of one per cent; 

exemptions. 

2. Tax payable, when and by whom ; penalty for 

neglect of duty, etc. 

3. "Succession," "successor," and " predeces- 

sor " defined. 

4. Any interest in real estate determinable by 

death and then passing to another, is a 
succession. 

5. Beneficial interest reserved in disposition of 

real estate, when extinguished becomes a 
succession. 

6. The beneficial ownership secretly reserved to 

grantor becomes a succession. 

7. Succession passing, before possession by first, 

to second successor, to pay duty but once. 

8. Alienated and accelerated succession. 

9. Assessment and payment of duty. 

10. Interest in proceeds of sale of real estate ; 
trustee to give notice and pay duty. 



Section 

11. Trust investment chargeable with duty. 

12. Effect of contingent incumbrance. 

13. Succession in real estate which may pass to 

another not affected by the contingency, etc. 

14. Pro rata duty ; duty paid by mistake, how 

refunded. 

15. Treasurer may compound with successor in 

certain cases. 

16. Duty a first charge on successions. 

17. Successor to make return to judge of probate ; 

assessment ; appeal. 

18. Neglect to account and pay tax. 

19. Successor may appeal. 

20. Duties, etc., recoverable by action of debt. 

21. Treasurer to furnish books and blanks. 

22. Fees regulated by supreme court. 

23. Registers to account quarterly to treasurer. 

24. To what estates applies. 



Be it enacted by the Senate and House of Representatives in General 
Court convened: — 

Sect. 1. All estates settled in the probate courts of this state, rax of one per 

• ■ • p cent 

and all transfers of property from the dead to the living, by gift, 
bequest, or devise, and every succession made under the laws of 
this state, regulating the distribution of intestate estates, exclusive 
of the just indebtedness of each and all of said estates, shall pay 
one per cent on the value of said estates, to be deducted from each 
gift, bequest, or distributive share, by the administrator or execu- 
tor, so that each gift, bequest, or distributive share shall pay its 
proportional rate ; provided^ ihiit all legacies or property passing proviso, 
by will or by the laws of this state to husband or wife, children and 
grandchildren of the person who died possessed as aforesaid, shall 
be exempt from tax or duty ; provided, further, that any legacy or Proviso. 
share of personal property, or any devise or share of real estate, 
passing as aforesaid, to a minor child of the person who died 
possessed as aforesaid, shall be exempt from taxation under this 
section, unless such legacy or share of personal estate, and devise 
or share of the real estate, shall exceed the sum of one thousand 
dollars, in which case the excess only above that sum shall be 



202 



Chapter 74. 



[1878. 



When payable. 



Executor to 
make Btrorn 
statement of 
amount of 
legacy. 



ProTigo. liable to such taxation ; provided, further, that the aggregate of such 

legacy or share of the personal estate, and devise and share of the 
real estate, shall not exceed the sum of one thousand dollars to 
such minor child. 

Sect. 2. That the tax or duty aforesaid shall be due and pay- 
able whenever the party interested in such legacy or distributive 
share, or property, or interest aforesaid, shall become entitled to 
the possession or enjoyment thereof, or to the beneficial interest in 
the profits accruing therefrom, and the same shall be a lien and 
charge upon the property of every person who may die as aforesaid, 
for five years, or until the same shall, within that period, be fully 
paid to and discharged by this state. And every executor, admin- 
istrator, or trustee, before payment and distribution to the legatees, 
or any parties entitled to beneficial interest therein, shall pay to the 
register of probate of the county of which the deceased person was 
a resident, the amount of the duty or tax assessed upon such legacy 
or distributive share, and shall also make and render to the register 
of probate, a schedule, list, or statement of the amount of such 
legacy or distributive share, together with the amount of duty which 
has accrued or shall accrue thereon, verified by his oath, which 
schedule, list, or statement shall contain the names of each and 
every person entitled to any beneficial interest therein, together 
with the clear value of such interest ; and the tax thereon shall be 
by him immediately paid to such register of probate, and upon such 
payment and delivery of such schedule, list, or statement, said 
register shall grant to such person paying such duty or tax a receipt 
or receipts for the same in duplicate. Such receipt or receipts, duly 
signed and delivered by such register, shall be sufficient evidence 
to entitle such executor, administrator, or trustee to be credited and 

kcttf^dX*b^' ^^lo'^^d such ]3ayment. And in case such executor, administrator, 
or trustee shall refuse or neglect to pay the aforesaid duty or tax to 
the register of probate, as aforesaid, within the time herein before 
provided, or shall neglect or refuse to deliver to said register the 
schedule, list, or statement of such legacies, property, or personal 
estate, under oath, as aforesaid, or shall deliver to said register of 
probate a false schedule or statement of such legacies, property, or 
personal estate, or give the names or relationship of the persons 
entitled to beneficial interests therein, untruly, or shall not truly 
and correctly set forth and state therein the clear value of such 
beneficial interest, or where no administration upon such property 
or personal estate shall have been granted or allowed under exist- 
ing laws, the said register of probate shall make out such lists and 
valuation as in other cases of neglect or refusal, and the judge of 
prol)ate shall assess the duty thereon ; and in case of willful neg- 
lect, refusal, or false statement by such executor, administrator, or 
trustee, as aforesaid, he shall be liable to a penalty of not exceed- 
ing one thousand dollars, to be recovered with costs of suit ; and 
the said register shall commence appropriate proceedings, in the 
name of the state, against such person or persons as may have the 
actual or constructive custody or possession of such property or 
personal estate, or any part thereof, and shall subject such property 
or personal estate, or any portion of the same, to be sold upon the 
judgment or decree of such court, and from the proceeds of such 
sale the amount of such tax or duty, together with all costs and 



duty by 
executor, etc. 



1878.] Chapter 74. 203 

expenses of every description to be allowed by such court, shall be 
first ])aid, and the balance, if any, deposited according to the order 
of such court, to be paid under its direction to such person or per- 
sons as shall establish title to the same. The deed or deeds, or any Deed of sale by 
proper conveyance of such property or personal estate, or any por- ''®^'**®'^' 
tion thereof so sold under such judgment or decree, executed by 
the officer lawfully charged with carrying the same into effect, shall 
vest in the purchaser thereof all the title of the delinquent to the 
property or personal estate sold under and by virtue of such judg- 
ment or decree, and shall release every other portion of such proj)- 
erty or personal estate from the lien or charge thereon created by 
this act. 

Sect. 3. That for the purposes of this act the term " succes-''S"<=<=«s*'''^{'' 

1T1- c'lj ^ successor, "and 

sion shall denote the devolution oi title to any real estate; and "predecessor" 
that every past or future disposition of real estate by will, deed, or 
laws of descent, by reason whereof any person shall become bene- 
ficially entitled in possession or expectancy to any real estate, or 
the income thereof, upon the death of any person dying after the 
first of October next, shall be deemed to confer on the person en- 
titled by reason of any such disposition, a "succession" ; and the 
term " successor " shall denote the person so entitled ; and the 
term " predecessor" shall denote the grantor, testator, ancestor, or 
other person from whom the interest of the successor has been or 
shall be derived. 

Sect. 4. That where any real estate shall, at or after the pass- ^oy^'^'^^^'^^^^J"^ 
ing of this act, be subject to any charge, estate, or interest deter- finable by 
minable by the death of any person, or at any period ascertainable passinglo an-"^ 
only by reference to death, the increase of benefit accruing to any c*ss^o'nf * ^"*'' 
person upon the extinction or determination of such charge, estate, 
or interest, shall be deemed to be a succession accruing to the 
person then entitled, beneficially, to the real estate or the income 
thereof. 

Sect. 5. That where any disposition of real estate shall be ^^"eficiai inter- 

. T T ,1 .• f , , c est reserved m 

accompanied by the reservation or assurance oi or contract tor any disposition of 
benefit to the grantor or any other person for any term of life, orextiu^uhed^b^ 
for any period ascertainable only ))y reference to death, such dis- 
position shall be deemed to confer, at the time appointed for the 
determination of such benefit, an increase of beneficial interest in 
such real estate, as a succession equal in annual value to the yearly 
amount or yearly value of the benefit so reserved, assured, or con- 
tracted for, on the person in whose favor such disposition shall be 
made. 

Sect. 6. That where any disposition of real estate shall purport ^iie beneficial 

• owii6rsliip SG- 

to take effect presently, or under such circumstances as not to cretiy reserved 
confer succession, but, by the effect or in consequence of any en- comera^succes- 
gagement, secret trust, or arrangement capable of being enforced in ^ 
a court of law or equity, the beneficial ownership of such real 
estate shall not bona fide pass according to the terms of such 
disposition, but shall, in fact, be reserved to the grantor or other 
person for some period ascertainable only by reference to death, 
the person shall be deemed, for the purposes of this act, to acquire 
the real estate so passing as a succession derived from the person 
making the disposition as the predecessor. 



comes a succes- 
sion. 



sion. 



204 



Chaptee 74. 



[1878. 



Succession pass- 
ing, before pos- 
BSBsion by first, 
to second auc- 
ceBSor, to pay 
duty but once. 



Alienated and 
accelerated suc- 
cession. 



Assessment and 
payment of 
duty. 



Interest in pro- 
ceeds of sale of 
real estate. 



Trustee to give 
notice and pay 
duty. 



Trust invest- 
ment chargeable 
with duty. 



Effect of con- 
tingent incum- 
brance. 



Sect. 7. That where the interest of any successor in any real 
estate shall, lief ore he shall have become entitled thereto in posses- 
sion, have passed by reason of death to any other successor or suc- 
cessors, then one duty only shall be paid in respect of such interest, 
and shall be due from the successor who shall first become entitled 
thereto in possession. 

Sect. 8. That wherever, after the passing of this act, any suc- 
cession shall, before the successor shall have become entitled there- 
to ill possession, have become vested by alienation or by any title 
not conferring a new succession in any other person, then the duty 
payable in respect thereto shall be paid at the same rate and time 
as the same would have been payable if no such alienation had 
been made or derivative title created ; and where the title to any 
succession shall be accelerated by the surrender or extinction of 
any prior interests, then the duty thereon shall be payable at the 
time of such surrender or extinction of prior title. 

Sect. 9. That the duty imposed by this act shall be assessed by 
the judge of probate of the county having administration of the 
estate, and shall be paid at the time when the successor, or any 
person in his right or on his behalf, shall become entitled in 
possession to his succession, or to the receipt of the income and 
profits thereof, except that if there shall be any prior charge, 
estate, or interest, not created by the successor himself, upon or in 
the succession, by reason whereof the successor shall not be 
presently entitled to the full enjoyment or value thereof, the duty 
in respect of the increased value accruing upon the determination 
of such charge, estate, or interest, shall, if not previously paid, 
compounded for, or commuted, be paid at the time of such deter- 
mination. 

Sect. 10. That the interest of any successor in moneys to arise 
from the sale of real estate under any trust for the sale thereof, 
shall be deemed to be a succession chargeable with duty under this 
act, and the said duty shall be paid by the trustee, executor, or 
other person having control of the funds. And every person having 
in charge or trust any disposition of real estate or interest therein, 
subject to tax under this act, shall give notice thereof in writing to 
the judge of probate of the county aforesaid within thirty days 
from the time when he shall have taken charge of such trust, and 
prior to any distribution of said real estate, together with a descrip- 
tion and value thereof, and the names of the persons interested 
therein ; and for willful neglect or refusal so to do, shall be liaV)le 
to a penalty of not exceeding five hundred dollars, to be recovered 
with costs of suit. 

Sect. 11. That the interest of any successor, subject to any 
trust for the investment thereof in the purchase of real estate to 
which the successor would be absolutely entitled, shall be chargea- 
ble with duty under this act as a succession, and the tax shall be 
payable by the trustee, executor, or other person having control of 
the funds. 

Sect. 12. That in estimating the value of a succession, no al- 
lowance shall be made in respect of any contingent incumbrance 
thereon ; but in the event of such incumbrance taking effect as an 
actual burden on the interest of the successor, he shall be entitled 
to a return of a proportionate amount of the duty so paid by him 



1878.] Chapter 74. 205 

in respect of the amount or value of tlie incumbrance when taking- 
effect. 

Sect, 13. That in estimating the value of a succession, no al- succession la 
lowance shall be made in respect of any contingency upon the hap- may^p^s to an- 
pening of which the real estate may pass to some other person ; but in ed'by the*contf^ 
the event of the same so passing, the successor shall be entitled to a s^^'^y- ***=• 
return of so much of the duty paid by him as will reduce the same 
to the amount which would have been payaljle by him if such duty had 
been assessed in respect of the actual duration or extent of his in- 
terest ; provided^ that if the estate of the successor shall be de- 
featted in whole or in part by its application to the payment of the 
debts of the predecessor, the executor, administrator, or trustee so 
applying it shall pay out of the proceeds of the sale thereof the 
amount so refunded; and provided, also, that if the estate of the 
successor shall be defeated in whole or in part by any person claim- 
ing title from and under the predecessor, such person shall be 
chargeable with the amount of duty so refunded, and such amounts 
shall be collected in the manner herein provided for the collection 
of duties. 

Sect. 14. That where a successor shall not have obtained the p»o rate duty ; 
whole of his succession at the time of the duty becoming ]:)ayable,^*Jai^'\iow 
he shall be chargeable only with duty on the value thereof from refunded. 
time to time obtained by him ; and whenever any duty shall have 
been paid on account of any succession, and it shall afterwards be 
proved, to the satisfaction of the treasurer of the state, that such 
duty, not being due from the person paying the same, was paid by 
mistake, or was paid in respect of real estate which the successor 
shall have been unable to recover, or of which he shall have been 
evicted or deprived by any superior title, or that for any other rea- 
son it ought to be refunded, the treasurer of the state shall there- 
upon refund the same to the person entitled thereto, from any 
money derived under this act. 

Sect. 15. That where, in the opinion of the treasurer of the Treasurer may 
state, any succession shall be of such a nature, or so disposed or au^es^oM^'*'^ 
circumstanced, that the value thereof shall not be fairly ascertain- ''®''**'°'^**®^' 
able under any of the preceding directions ; or where, from the 
complication of circumstances affecting the value of a succession 
or affecting the assessment or recovering of the duty thereon, the 
said treasurer shall think it expedient to exercise this present 
authority, — it shall l^e lawful for him to compound the duty payable 
on the succession, upon such terms as he shall think fit, and to give 
discharges to the successor upon payment of the duty according to 
such composition ; and it shall be lawful for him, in any special 
cases in which he may think it expedient so to do, to enlarge the 
time for the payment of any duty. 

Sect. 16. That the duty imposed by this act shall be a first Duty a first 
charge on the interest of the successor, and of all persons claiming cSns." *''*^ 
in his right, in all the real estate in respect wliereof such duty shall 
be assessed for five years from the time when such tax shall have 
become due and payable, unless sooner paid. 

Sect. 17. That any person liable to pay a tax in respect to any successor to 
succession shall give notice to the said judge of probate of his lia--^dgeof*^o-*'' 
bility to such tax, and shall, at the same time, deliver to the judge ^^g*^'.**^«^*- 
of probate aforesaid a full and true account of said succession for "^^°^ ' ^^^^* ' 



206 



Chapter 74. 



[1878. 



Neglect to ac- 
count and pay 

tax. 



Successor may 
appeal. 



Duties, etc., re- 
coverable by 
action of debt. 



Treasurer to fur 
nish books and 
blanks. 



Fees regulated 
by supreme 
court. 



the tax whereon he shall be accountable, and of the value of the 
real estate involved, and of the deductions claimed by him, to- 
gether with the names of the successor and predecessor, and their 
relation to each other, and all such other particulars as shall be 
necessary or proper for enabling the said judge of probate fully and 
correctly to ascertain the taxes due ; and the judge of probate 
aforesaid, if satisfied with such account and estimate as originally 
delivered, or with any amendments that may be made therein upon 
his requisition, may assess the succession-tax on the footing of such 
account and estimate ; but it shall be lawful for the said judge of 
probate, if dissatisfied with such account, or if no account and 
estimate shall be delivered to him, to assess the tax on the best 
information he can obtain, subject to appeal, as herein after pro- 
vided ; and if the tax so assessed shall exceed the tax assessable, 
according to the return made to the said judge of probate, and 
with which he shall have been dissatisfied, or if no account and 
estimate has been delivered, and if no appeal shall be taken against 
such assessment, then it shall be in the discretion of the said judge 
of probate, having regard to the merits of each case, to assess the 
whole or any part of the expenses incident to the taking of such 
assessment in addition to such tax ; and if there shall be an appeal 
against such last-mentioned assessment, then the payment of such 
expenses shall be in the discretion of the said treasurer. 

Sect. 18. That if any person required to give any such notice, 
or deliver such account as aforesaid, shall willfully neglect to do so 
within the time required by law, he shall be liable to pay to the 
state a sum equal to ten per centum upon the amount of tax pay- 
able by him ; and if any person liable under this act to pay any tax 
in res{)ect of his succession, shall, after such tax sliall have Ijeen 
finally ascertained, willfully neglect to do so within ten days after 
being notified, he shall also be liable to pay to the state a sum 
equal to ten per centum upon the amount of tax so unpaid, at the 
same time and in the same manner as the tax to be collected. 

Sect. 19. That it shall be lawful for any party liable to pay tax 
in respect of his succession, who shall be dissatisfied with the assess- 
ment of the said judge of probate, within thiriy days after the date 
of such assessment, to appeal to the said treasurer from such assess- 
ment, who sliall decide on such appeal, and give notice thereof to 
such party, who, if still dissatisfied, may, within twenty days after 
notice as aforesaid, appeal from such decision to any justice of the 
supreme court, and furnish a statement of the grounds of such 
appeal to the said justice whose decision upon the case as presented 
by the statements of the said judge of probate and such party, shall 
be final. 

Sect. 20. All the aforesaid duties, taxes, and penalties may be 
recovered by the register of probate by an action of debt, in the 
name of the state. 

Sect. 21. The treasurer of the state shall seasonably provide 
and distribute to the different judges and registers of probate in the 
state appropriate books and blanks that may be re([uisite for the 
due execution of this law. 

Sect. 22. The justices of the supreme court shall fix and deter- 
mine tlie i)ro|)er fees and charges of the judges and registers of pro- 
bate for all their services to be done and performed under tiiis act. 



1878.] Chapters 74, 75, 76. 207 

Sect. 23. The several registers of probate shaU, quarterly, on J^^^^^f^jf^''^'^ 
the first day of January, April, July, and October, render to the to trea.urer. 
treasurer of the state an account under oath of their receipts and 
disbursements under this act, and pay over to said treasurer the 
balance in their hands. 

Sect. 24. This act shall not apply to estates of persons who To^.^at estates 
shall have died before the first day of October, 1878. 

[Approved August 17, 1878.] 



CHAPTER 75. 

JOINT RESOLUTION PROVIDING FOR THE CONTINGENT EXPENSES OF THE 

GOVERNOR. 

$500 appropriated. 

Resolved hy the Senate and House of Representatives in G-eneral 
Court convened: — 

That the sum of five hundred dollars be allowed as the contin- J^ appropri- 
gent fund of the governor, and that he may draw his warrant 
therefor in such sums and at such times as he may think proper, 
and that vouchers be filed in the office of the state treasurer for 
the amounts drawn. 

[Approved June 26, 1878.] 



CHAPTER 76. 

JOINT RESOLUTION TO APPROPRIATE MONEY FOR THE INCREASE AND RE- 
PAIRS OF THE STATE-PRISON LIBRARY. 

$200 appropriated. 

Resolved hy the Senate and House of Representatives in G-eneral 
Court convened: — 

That the sum of two hundred dollars be and hereby is appropri- $200 appropri- 
ated for the increase and repairs of the state-prison library, to be '^ ^ ' 
expended at the discretion of the chaplain, and that the same be 
paid out of any money in the treasury not otherwise appropriated ; 
and his excellency the governor is hereby authorized to draw his 
warrant therefor. 

[Approved June 26, 1878.] 



208 Chapters 77, 78. [1878. 



CHAPTER 77. 

JOINT RESOLUTION IN FAVOR OF THE STATE LIBRARY. 

Trustees authorized to purchase books. 

Mesolved hy the Senate and House of Representatives in General 
Court convened: — 

Trustees author- That the tfustees of the state library are hereby authorized and 
books? P*"^^**^ empowered to purchase for said library all books that may be neces- 
sary to complete the sets of law reports of the United-States and 
state courts and the digests pertaining thereto ; and a sufficient 
sum of money is hereby appropriated for that purpose. 
[Approved July 2, 1878.] 



CHAPTER 78. 

JOINT RESOLUTION PROVIDING FOR THE DISTRIBUTION OF THE REPORT OF 
THE COMMITTEE ON THE REVISION OF THE STATUTES. 

Reference and distribution of report. 

Resolved by the Senate and House of Representatives in General 
Court convened: — 

Reference and That the rcport of tlic commissiou to revise and compile the 
report.^ *°'' ° laws, made to the present legislature, be referred to the committee 
on revising and compiling the laws ; and that the copies of said 
report on file in the office of the secretary of state be distributed 
by said secretary as follows : To each of said commissioners ten 
copies, to the state library five copies, to the governor, each coun- 
cilor, senator, and member of the house of representatives, to 
each officer of the state government, to each judge of the supreme 
court and each judge of probate, to the attorney-general and each 
solicitor, and to each clerk of the supreme court for the use of his 
office one copy, and that- the balance be distributed by said secre- 
tary in the different counties of the state, according to his best 
discretion. 

[Approved July 2, 1878.] 



1878.] Chapters 79, 80. 209 



CHAPTER 79. 

JOINT RESOLUTION IN RELATION TO THE LAW TERMS OF THE SUPREME 

COURT. 

Section I Sbction 

1. Sessions may be held in senate-chamber. | 2. Takes effect, when. 

Resolved hy the Senate and House of Representatives in Qeneral 
Court convened : — 

Sect. 1. That the supreme court be and hereby is authorized to ^e^^'?°« ^'^J' ''^ 
hold the law terms of said court in the senate-chaml)er whenever chamber. 
the legislature is not in session. 

Sect. 2. This act shall take effect from its passage. Takes effect, 

[Approved July 2, 1878.] 



CHAPTER 80. 

JOINT RESOLUTION IN FAVOR OF INDIGENT BLIND PERSONS, DEAF MUTES, 
AND FEEBLE-MINDED CHILDREN. 

$9,000 appropriated. 

Resolved by the Senate and House of Representatives in General 
Court convened : — 

That the sum of five thousand dollars be and is hereby appropri- S9,ooo appropri- 
ated for the support, clothing, and education of the indigent deaf ^"^ ' 
and dumb persons of this state in the asylums at Hartford and at 
Mystic River, Connecticut, and in asylums or schools for deaf and 
dumb persons in Massachusetts ; and the sum of three thousand 
dollars for the support, clothing, and education of indigent l>lind 
persons of this state at the asylum in Boston, Massachusetts, for 
the current year, and the sum of one thousand dollars for the suj)- 
port of feeble-minded children at institutions in Massachusetts, 
established for that purpose, and that said sums be expended as 
needed under the direction of the governor, and that he be author- 
ized to draw his warrant upon the ti-easurer therefor. 

[Approved July 2, 1878.] 



210 Chapters 81, 82, 83. [1878. 

CHAPTER 81. 

JOINT RESOLUTION RELATING TO THE ADJUTANT-GENERAL'S DEPARTMENT. 

$300 allowed for clerk hive. 

Resolved hy the Senate and House of Representatives in General 
Court convened : — 

$300 allowed for That the siuii of three hundred dollars be allowed for the clerical 
expenses of the adjutant-general's department, and that the same 
be paid out of any money in the treasury not otherwise appropri- 
ated, and that the governor is hereby authorized to draw his war- 
rant therefor. 

[Approved July 18, 1878.] 



CHAPTER 82. 

JOINT RESOLUTION AUTHORIZING THE GOVERNOR TO APPOINT AGENTS AND 
EXPEND THE APPROPRIATION MADE JUNE SESSION, 1869, IN FAVOR OF A 
ROAD FROM DUMMER TO ERROL. 

Agent to expend the appropriation of $3,000. 

Resolved by the Senate and House of Representatives in General 
Court convened : — 

Agent to expend That tlic govcriior aud council are hereby authorized to appoint 
Hon^of^fs^ww. an agent to expend the appropriation made by a joint resolution 

approved July 8, 1869, in favor of a road from Dummer to Errol ; 

and the governor is hereby authorized to draw his warrant upon the 

treasury for the amount of said appropriation, the same to be paid 

out of any money not otherwise appropriated. 
[Approved July 18, 1878.] 



ated. 



CHAPTER 83. 

JOINT RESOLUTION TO APPROPRIATE MONEY FOR THE SALARY OF THE 
CHAPLAIN AND INSTRUCTOR OF THE STATE-PRISON. 

$800 appropriated. 

Resolved by the Senate and House of Representatives in General 
Court convened : — 

lappropri- That the suui of eight hundred dollars be and is hereby appro- 
priated as the salary of the chaplain and instructor of the state- 
prison, and that the same be paid out of any money in the treasury 
not otherwise appropriated ; and that his excellency the governor is 
hereby authorized to draw his warrant therefor. 
[Approved July 18, 1878.] 



1878.] Chapters 84, 85. 211 



CHAPTER 84. 

JOINT RESOLUTION IN FAVOR OF THE CARROLL COUNTY FIVI^-CENT SAV- 
INGS-BANK. 

Preamble. Tax remitted. 

Resolved hy the Senate and House of Representatives in General 
Court convened : — 

Whereas, The Carroll County Five-Cent Savings-Bank, l)y de- Preamble, 
preciation of its securities and losses in other ways, has lost two- 
fifths of all of its deposits, and v)hereas, said deposits were largely the 
property of widows and orphans and of poor people who had all their 
savings deposited in said bank, and ivhereas, said bank has been 
enjoined from doing business, and its affairs are now being wound 
up by assignees appointed by the supreme court, who have been 
obliged, in the process of closing up its affairs to collect the assets 
and convert them into cash and place the money on deposit where 
it yields a very small percentage to the depositors ; therefore. 

Resolved, That the tax of one per cent on one-half of the de- Tax remitted, 
posits and accumulations in said bank on the first day of April, A. D. 
1878, be and the same hereby is remitted to said Carroll County 
Five-Cent Savings-Bank ; and the state treasurer is hereby directed 
to enforce the payment of one-half of said tax only. 

[Approved July 25, 1878.] 



CHAPTER 8 5. 



JOINT RESOLUTION PROVIDING FOR REPAIRING THE STATE-HOUSE AND 
STATE-HOUSE YARD. 

$1,300 appropriated. 

Resolved hy the Senate and House of Representatives in General 
Court convened : — 

That a sum not exceeding thirteen hundred dollars be and the $i,30o appro- 
same is hereby appropriated for repairing the roof and making p"**®"*- 
other necessary repairs upon the state-house and about the state- 
house yard, the same to be expended under the direction of the 
governor and council ; and the governor is hereby authorized to 
draw his warrant for the same on any money in the treasury not 
otherwise appropriated. 

[Approved July 25, 1878.] 



212 



Chapters 86, 87. 



[1878. 



CHAPTER 86. 

JOINT RESOLUTION FOR THE RELIEF OF THE CITY SAVINGS-BANK IN 

MANCHESTER. 

Preamble. Tax remitted. 

Preamble. Whereas, The treasurer of the City Savings-Bank in Manchester 

made returns to the state treasurer, on the first day of April, 1878, 
that the sums standing to the credit of depositors in said bank 
amounted in the aggregate to one hundred eighty-two thousand 
five hundred and eighty-nine and sixty-seven hundredths dollars 
(1182,589.67), upon which sum the said savings-bank is liable to 
pay a tax of one per cent to the state ; and, 

Whereas, The said bank has been declared to be insolvent, and 
the total value of its assets are estimated at one hundred and forty- 
five thousand dollars ; and, 

Whereas, It is unjust that the depositors should be taxed beyond 
the real value of their deposits ; therefore, 

Resolved hy ike Senate and House of Representatives in General 
Court convened: — 

Tax remitted. That the state treasurer be instructed and authorized to receive 
from the said City Savings-Bank in Manchester the sum of one per 
cent upon the said sum, one hundred and forty-five thousand 
dollars, in full of all claim upon said bank for the current year. 
[Approved July 26, 1878.] 



CHAPTER 87 



JOINT RESOLUTION EN FAVOR OF JOHN HUBBARD AND OTHERS. 

Appropriations to pay claims. 

Resolved hy the Senate and House of Representatives in General 
Court convened : — 

uTT dSmT' That John Hubbard be allowed the sum of forty-seven dollars 
and fifty-three cents ($47.53); James 0. Adams, ninety-nine dollars 
and fifty cents ($99.50); D. F. Secomb, forty-three dollars and 
fourteen cents ($43.14), in full of their respective claims ; and the 
same to be paid out of any money in the treasury not otherwise 
appropriated, and that the governor is hereby authorized to draw 
his warrant therefor. 

[Approved July 26, 1878.] 



1878.] Chapters 88, 89, 90. 213 

CHAPTER 88. 

JOINT RESOLUTION IN RELATION TO THE FISH COMMISSION. 
$2,000 for expenses of comiuisBion ; $1,000 for fish-hatching house. 

Resolved hy the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. That the sum of two thousand dollars be and the same ^gi^'^fsoYcom- 
is hereby appropriated to the fish commissioners, for use in the mission; $i,qoo 
general purposes of the fish commission ; and further, tliat the sum hMise.^ '^***''^*°^ 
of one thousand dollars be and the same is hereby appropriated for 
the purpose of improving and maintaining a fish-hatching house, at 
the discretion of the said fish commissioners ; and the governor be 
authorized to draw his warrant for such sums, from time to time, 
as occasion may require. 

[Approved July 26, 1878.] 



CHAPTER 89. 

JOINT RESOLUTION IN RELATION TO THE CLAIM OF A. T. AND 0. F. BARRON 
FOR MONEY EXPENDED ON ROAD AT OR NEAR THE WHITE MOUNTAE^S. 

Claim of $260 allowed. 

Resolved hy the Senate and House of Representatives in G-eneral 
Court convened : — 

That the sum of two hundred and sixty dollars be allowed to A. ^}f^^ ^^^ 
T. and 0. F. Barron in full for their claim for money expended for 
the repair of the road at or near the White Mountains ; the same 
to be paid out of any money in the treasury not otherwise appro- 
priated, and the governor is hereby authorized to draw his warrant 
for the same. 

[Approved August 1, 1878.] 



CHAPTER 90. 

JOINT RESOLUTION EXTENDING THE COMMISSION APPOINTED BY THE GOV- 
ERNOR AND COUNCIL TO INQUIRE INTO AND REPORT UPON THE WESTNIPE- 
SAUKEE LAKE COTTON AND WOOLEN MANUFACTURING COMPANY. 

Commission extended. 

Resolved hy the Senate and House of Representatives in G-eneral 
Court convened : — 

That the commission appointed by the governor and council " to commigsion 
inquire into and report what legislation, if any, may be necessary " ®° ^ • 



214 Chapters 90, 91, 92. [1878. 

in relation to the Winnipesaukee Lake Cotton and Woolen Manu- 
facturing Company," agreeably to a joint resolution passed at the 
June session of the legislature, A. D. 1877, be and hereby is extend- 
ed with all the powers and privileges as are contained in said joint 
resolution, and said commission is to report at the next session of 
the legislature ; and in case of any vacancy occurring in said com- 
mission, the governor, with advice of the council, is hereby author- 
ized to fill such vacancy. 

[Approved August 9, 1878.] 



CHAPTER 91. 

JOINT RESOLUTION RELATIVE TO THE ELLIOT BRIDGE COMPANY. 
Preamble. Time for payment of charter-tax extended. 

Prwunbie. Wliereas, The act to incorporate the Elliot Bridge Company can- 

not by its terms take effect until a like act shall be passed by the 
state of Maine ; therefore, 

Resolved hy the Senate and House of Representatives in General 
Court convened : — 

Time for pay- That the time for the payment of fifty dollars to the state by said 

ment of charter- . • n i 7 1 , j • j i £ iU « 

tax extended, compauy as Ls required by the act to increase the revenues oi tne 
state of New Hampshire passed July 11, 1877, be extended to thirty 
days from and after the passage of said like act by the state of 
Maine. 

[Approved August 9, 1878.] 



CHAPTER 92. 

CONCURRENT RESOLUTION IN RELATION TO ENGROSSING THE BILL EN- 
TITLED, "AN ACT REVISING, COMPILING, AND CONSOLIDATING THE GEN- 
ERAL LAWS OF THE STATE." 

Act not to be engrossed. 

Act not to be Resolved, By the House of Representatives, the Senate concurring, 

engroBte . ^j^^^ ^^ mucli of the sixtli joiut rule as requires the bill entitled, 
••' An act revising, compiling, and consolidating the General Laws of 
the state," to be engrossed, be and the same is hereby suspended, 
and said act shall be signed by the speaker of the House and presi- 
dent of the Senate, and approved by the governor, without Jjeing 
engrossed. 

[Approved August 9, 1878.] 



1878.] Chapters 93, 94, 95. 215 



CHAPTER 93. 

JOINT RESOLUTION IN FAVOR OF THE ROADS THROUGH THE TOWN OF 

RANDOLPH. 

$400 appropriated. 

Resolved by the Senate and House of Representatives in Greneral 
Court convened : — 

That the sum of four hundred dollars be and hereby is appro- $40o appropri- 
priated for the repair of the main traveled road through the town 
of Randolph, to be expended by an agent or agents appointed by 
the governor, and to be paid out of any money in the treasury not 
otherwise appropriated, and the governor is hereby authorized to 
draw his warrant for the same. 

[Approved August 9, 1878.] 



CHAPTER 94. 

JOINT RESOLUTION FOR THE REPAIR OF THE ROAD BETWEEN FABYAN AND 
CRAWFORD HOUSES, NEAR THE WHITE MOUNTAINS. 

$250 appropriated. 

Resolved by the Senate and House of Representatives in Gfeneral 
Court convened: — 

That the sum of two hundred and fifty dollars be and the same $250 appropri- 
is hereby appropriated for the purpose of repairing the main road *'^*" 
between the Fabyan and Crawford Houses, near the White Moun- 
tains, and that the sum be paid out of any money in the treasury 
not otherwise appropriated, and that the governor be hereby author- 
ized to draw his warrant for the same. 

[Approved August 9, 1878.] 



CHAPTER 95. 

JOINT RESOLUTION FOR APPROPRIATIONS THROUGH THE WHITE MOUNTAIN 

NOTCH. 

$550 appropriated. 

Resolved by the Senate and House of Representatives in G-eneral 
Court convened : — 

That the sum of two hundred dollars be and hereby is appropri- $5m appropri- 
ated for the repair of the highway leading from the north line of 
Bartlett to the Willey House, so called ; and the sum of three hun- 



216 



Chapters 95, 96, 97. 



[1878. 



dred and fifty dollars is lierel)y appropriated for repair of the road 
from said Willey House to the Crawford House in the White 
Mountain Notch, the same to be expended by an agent or agents to 
be appointed by the governor, and to l)e paid out of any money in 
the treasury not otherwise appropriated, and the governor is hereby 
authorized to draw his warrant for the same. 
[Approved August 9, 1878.] 



CHAPTER 96. 

JOINT RESOLUTION IN RELATION TO THE HIGHWAY IN THE TOWN OF 

LINCOLN. 

$150 appropriated. 

Resolved hy the Senate and House of Representatives in General 
Court convened : — 



$150 appropri- 
ated. 



That the sum of one hundred and fifty dollars be and hereby is 
appropriated for the highway in the town of Lincoln leading^ 
through the Franconia Notch, from the Flume House to the Fran- 
conia town line, and that the same be paid out of any money in the 
treasury not otherwise appropriated, and that the governor l)e and 
hereby is authorized to draw his warrant therefor. 

[Approved August 9, 1878.] 



CHAPTER 97. 

JOINT RESOLUTION IN FAVOR OF THE REPUBLICAN PRESS ASSOCIATION AND' 

ANOTHER. 

Appropriations to pay claims. 

Resolved hy the Senate and House of Representatives in General 
Court convened: — 



Appropriations 
to pay claims. 



That the sum of one hundred and six dollars and thirty cents 
($106.30) be allowed the Republican Press Association in full for 
their claim for printing, and the sum of eighty-eight dollars and 
seventy cents ($88.70), bill of B. W. Sanborn & Co., in full for 
their claim for material furnished, 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 warrant for the same. 

[Approved August 16, 1878.] 



1878.] Chapters 98, 99, 100. 217 

CHAPTER 98. 

JOINT RESOLUTION IN FAVOR OF JOSEPH HAYES. 
Appropriation to pay claim. 

Resolved by the Seriate and House of Representatives in Greneral 
Court convened: — 

That the sum of one hundred and forty-six dollars be allowed ^pp'^°^»«o'»*<> 
Joseph Hayes in full for his claim for services and expenditures in 
defending the right of himself, Samuel C. Fisher, C. 0. Libbey, and 
William H. Furnald, as representatives of ward three in Dover, for 
the year 1875, against the remonstrance of Thomas J. Smith and 
others, 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 warrant for the same. 

[Approved August 16, 1878.] 



CHAPTER 99. 

JOINT RESOLUTION IN FAVOR OF TYLER WESTGATE AND OTHERS. 

Appropriations to pay claims. 

Resolved by the Senate and House of Representatives in General 
Court convened : — 

That Tyler Westgate be allowed the sum of five dollars (15) ; f-^'^l^'^^l^l^^* 
John P. Nutter, ten dollars ($10); T. B. Crowley, ten dollars ''^*^'^""'' 
(110) ; C. B. Allen, five dollars (|5) ; D. S. Dinsmore, five dol- 
lars ($5) ; D. W. Buckminster, five dollars (15) ; John R. Yarney, 
five dollars ($5) ; S. B, Wiggin, five dollars ($5) ; S. L. Bowers, five 
dollars ($5), in full of their respective claims ; and the same 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 August 16, 1878.] 



CHAPTER 100. 

JOINT RESOLUTION LNT FAVOR OF SOLON A. CARTER AND OTHERS. 
Appropriations to pay claims. 

Resolved by the Senate and House of Representatives in General 
Court convened: — 

That Solon A. Carter be allowed the sum of three hundred and Appropriations 
sixty-five dollars ($365); W. H. H. Mason, three hundred and p'^^*'™*- 
10 



218 Chapters 100, 101, 102. [1878. 

sixty-four dollars and seventy cents (1364.70) ; W. H. Cummings, 
four hundred and forty-four dollars and seventy-five cents 
(1444.75) ; 0. C. Moore, five hundred and eighty-two dollars 
($582) ; N. G. Ordway, ninety-five dollars and seventy-five cents 
($95.75) ; C. T. Brown, one hundred and ninety-three dollars 
($193), in full of their respective claims as tax commissioners, and 
the same to be paid out of any money in the treasury not other- 
wise appropriated, and the governor be authorized to draw his 
warrant therefor. 

[Approved August 16, 1878.] 



CHAPTER 101. 

JOINT RESOLUTION RELATING TO THE CLAIM OF THE TOWN OF EAST 

KINGSTON. 

Governor and council to audit claim. 

Resolved hy the Senate and Souse of Representatives in Greneral 
Court convened: — 

Governor and That the govcmor and council are hereby authorized to examine 
dXi. °*" ' and audit the claim of the town of East Kingston for state boun- 
ties, and if said claim is found to be covered by the provisions of 
chapter four thousand and sixty-seven of the Pamphlet Laws, to pay 
the same out of any money in the treasury not otherwise appro- 
priated, with interest upon the same at the rate of six per cent per 
annum from the date when the assignments were filed with the 
state auditor ; and the governor is hereby authorized to draw his 
warrant therefor. 

[Approved August 16, 1878.] 



CHAPTER 102. 

JOINT RESOLUTION IN FAVOR OF CHARLES C. DANFORTH AND OTHERS. 
Appropriations to pay claims. 

Resolved hy the Senate and House of Representatives in Greneral 

Court convened : — 

to*^r^ci^mr* That Charles C. Danforth be allowed the sum of seventy-five 
dollars ($75) for preparing the roll and organizing the House of 
Representatives the present session ; Tyler Westgate, forty dollars 
($40) as clerk in attendance and organizing the present session of 
the Senate ; Morrill and Silsby, two hundred and thirty-seven dol- 
lars and two cents ($237.02) for stationery ; I. W. Hammond, 
nine dollars ($9) for ink, in full of their respective claims ; and 



1878.] Chapters 102, 103, 104. 219 

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 August 16, 1878.] 



CHAPTER 103. 

JOINT RESOLUTION TO DEFRAY THE CLERICAL EXPENSES, STATIONERY, AND 
PRINTING OF THE MILITARY COMMISSION. 

$125 allowed. 

Resolved by the Senate and House of Representatives in Greneral 
Court convened : — 

That the sum of one hundred and twenty-five dollars be allowed >i26 allowed, 
for the clerical expenses, stationery, and printing of the military 
commission, and that the same be paid out of any money in the 
treasury not otherwise appropriated, and the governor is hereby 
authorized to draw his warrant therefor. 

[Approved August 16, 1878.] 



CHAPTER 104. 

JOINT RESOLUTION IN FAVOR OF HENRY F. CAMPBELL AND SAMUEL E. 

CLIFFORD. 

Appropriations to pay claims. 

Resolved hy the Senate and House of Representatives in G-eneral 
Court co7ivened: — 

That Henry F. Campbell be allowed the sum of sixty-three ^ppjJ^p.^*^ 
dollars in full for per diem, and the sum of sixty-six dollars and 
ten cents in full for expenses incurred in contesting for his seat as 
representative to this House from ward two in the city of Concord, 
and that Samuel E. Clifford be allowed the sum of seventy-seven 
dollars and fourteen cents in full for expenses incurred in contest- 
ing the right of said Henry F. Campbell to a seat in this House, 
and that the same be paid out of any money in the treasury not 
otherwise appropriated, and the governor is hereby authorized to 
draw his warrant for the same. 

[Approved August 16, 1878.] 



220 



Chapters 105, 106. 



[1878. 



CHAPTER 105. 

JOINT RESOLUTION DESIGNATING WHAT NEWSPAPERS SHALL PUBLISH THE 

SESSION LAWS. 

Weekly papers to publish the lawB. 

Resolved by the Senate and House of Representatives in General 
Court convened : — 

toSb^ffie" That the secretary of state be and he hereby is authorized and 
i«wB. required to have published in each weekly newspaper printed and 

circulated within this state, all the public acts and resolves of this 
and every subsequent session of the legislature, provided^ that the 
act entitled " An act revising, compiling, and consolidating the 
General Laws of the state," and " An act to provide for the enroll- 
ment of the militia, the organization of the New Hampshire 
National Guard, and providing for its efficiency for the public 
defense," passed at this session of the legislature, shall not be 
published in any newspaper. 
[Approved August 16, 1878.] 



CHAPTER 106. 



JOINT RESOLUTION IN FAVOR OF ALPHEUS W. BAKER AND CALVIN SANDERS. 

Appropriation to pay clalmi. 

Resolved hy the Senate and House of Representatives in Greneral 
Court convened : — 

ftS^cSs" That Alpheus W. Baker, clerk of the House of Representatives, 
be allowed the sum of two hundred dollars, and Calvin Sanders the 
sum of one hundred and fifty dollars, and Charles G. Emmons 
seventy-five dollars, and James E. Dodge fifty dollars for extra 
services during the present year, the same to be paid out of any 
money in the treasury not otherwise appropriated, and the governor 
be authorized to draw his warrant therefor. 
[Approved August 16, 1878.] 



1878.] Chapters 107, 108, 109. 221 



CHAPTER 107. 

JOINT RESOLUTION IN FAVOR OF THE ROADS IN THE TOWN OF DIXVILLE, 

COOS COUNTY. 

SlOO appropriated. 

Resolved by the Senate and House of Representatives in General 
Court convened : — 

That the sum of one hundred dollars be and the same is hereby *ioo appropri- 
appropriated for the purpose of repairing the main road through 
the town of Dixville in Coos county ; and that the same be paid out 
of any money in the treasury not otherwise appropriated, and that 
the governor is hereby authorized to di"aw his warrant for the same. 

[Approved August 16, 1878.] 



CHAPTER 108. 

JOINT RESOLUTION IN FAVOR OF JOHN K. STOKES AND OTHERS. 
Appropriations to pay claims. 

Resolved hy the Senate and House of Representatives in G-eneral 
Court convened : — 

That John K. Stokes be allowed the sum of one hundred dollars Appropriations 
($100) ; H. H. Aldrich forty-five dollars and fifty cents (145.50) ; *° p*^ ^'i""^^- 
N. A. Copeland, two hundred thirty-three dollars and forty cents 
($233.40), in full of their respective claims ; and the same to be 
paid out of any money in the treasury not otherwise appropriated, 
and the governor be authorized to draw his warrant therefor. 

[Approved August 16, 1878.] 



CHAPTER 109. 

JOINT RESOLUTION IN FAVOR OF CHARLES E. CUMMINGS AND OTHERS. 

Appropriations to pay sergeant-at-arms, doorkeepers, pages, chaplain of tlie House, newspaper pub- 
lishers, etc. 

Resolved hy the Senate and House of Representatives in General 
Court convened: — 

That Charles E, Cummings be allowed the sum of two hundred Appropriations 
seventy-five dollars ($275) ; William H. Gardiner the sum of two at-Lms^doo^ 
hundred seventy-one dollars ($271); George A. Perkins the sunichap^IfAofth; 
of two hundred sixty-one dollars and ten cents ($261.10) ; William ^^''p^g^j,^^^^;;. 
A. Caswell, two hundred sixty-one dollars and fifty cents ($261.50) ; ers, etc. 
George H. Bartlett, two hundred sixty-four dollars and ten cents 



222 Chapters 109, 110, 111. [1878. 

(1264.10) ; Frank S. Jenkins, two luindred sixty-one dollars and 
fifty cents (1261.50) ; Fred C. Cheney, thirty-seven dollars and 
fifty cents (i37.50) ; John W. Babbitt,' thirty-two dollars and fifty 
cents (rS32.50) ; Lewis Jenkins, sixteen dollars and fifty cents 
($16.50) ; William W. Hill, ten dollars and seventy cents (.$10.70) ; 
David H. Rand, one hundred forty-eight dollars (8148) ; Frank B. 
Sinclair, one hundred forty-eight dollars ($148) ; Fred F. Rolfe, 
one hundred and fifty dollars ($150) : John K. Stokes, one hun- 
dred dollars ($100) ; Charles W. Diedrich, five dollars and seventy- 
five cents ($5.75) ; George B. Spalding, seventy-five dollars 
($75), for services as chaplain of the House for the present ses- 
sion ; N. C. Nelson, four dollars ($4) ; Republican Press Associa- 
tion, three hundred sixty-nine dollars ($369) ; J. B. Clarke, three 
hundred sixty-three dollars and thirteen cents ($363.13) ; New 
Hampsliire Patriot, three hundred fifty-nine dollars and seventy-five 
cents ($359.75) ; C. C. Pearson & Co., three hundred seventy-four 
dollars and twenty-five cents ($374.25), in full for their respective 
claims ; and the same to be paid out of any money in the treasury 
not otherwise appropriated. 
[Approved August 16, 1878.] 



CHAPTER 110. 

JOINT RESOLUTION IN FAVOE OF GEORGE H. HUBBARD. 

Appropriation to pay claim. 

Resolved by the Senate and House of Representatives in General 
Court convened : — 

Appropriation to That Gcorgc H. Hubbard be allowed the sum of sixty-three dol- 
paycajm. ^^^^ ^^^ nineteen cents ($63.19) in full of his claim ; and the same 
to be paid out of any money in the treasury not otherwise appro- 
priated, and the governor be authorized to draw his warrant there- 
for. 

[Approved August 17, 1878.] 



CHAPTER 111. 

JOINT RESOLUTION IN FAVOR OF THE ENGROSSING CLERK. 

$100 for clerk hire. 

Resolved by the Senate and House of Representatives in General 
Court convened: — 

$100 for clerk That tlic suui of ouc huiulrcd dollars be allowed to the engross- 
^"*' ing clerk for extra clerk hire during this session, and the governor 

is hereby authorized to draw his warrant for the same out of any 
money in the treasury not otherwise ap))roi)riated. 
[Ajiproved August 17, 1878.] 



1878.] Chapters 112, 113, 114. 228 



CHAPTER 112. 

JOINT RESOLUTION IN FAVOR OF THE COMMISSION TO REVISE AND COMPILE 
THE STATUTES AND OTHERS. 

Appropriations to pay claims. 

Resolved hy the Senate and House of Representatives in General 
Court convened : — 

That J. E. Sargent, Levi W. Barton, and Joseph F. Wiggin be Appropri»tioM 
allowed the sum of fifteen hundred dollars ($1,500) each for ger- *** ^*^ *'^*'™*" 
vices and expenses hitherto performed and incurred in said ser- 
vice ; W. M. Durgin, ten dollars ($10) for copies of probate court 
records, in full of their respective claims ; and the same to be paid 
out of any money in the treasury not otherwise appropriated, and 
that the governor be authorized to draw liis warrant therefor. 

[Approved August 17, 1878.] 



CHAPTER 113. 

JOINT RESOLUTION IN FAVOR OF IVORY VARNEY. 

Claim allowed. 

Resolved hy the Senate and House of Representatives in General 
Court convened: — 

That Ivory Varney be allowed the sum of forty-five dollars for ciaim allowed, 
expenses incurred in defending his right to a seat in this House, 
June session, 1875 ; 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 warrant therefor. 

[Approved August 17, 1878.] 



CHAPTER 114. 

JOINT RESOLUTION IN FAVOR OF HOSEA B. CARTER. 
Claim allowed. 

Resolved hy the Senate and House of Representatives in General 
Court convened : — 

That the sum of two hundred seven dollars and fifty cents be ciaim allowed, 
allowed Hosea B. Carter in full of his claim for four hundred and 
fifteen copies of the political index of New Hampshire ; and that 
the same be paid out of any money in the treasury not otherwise 
appropriated, and the governor be authorized to draw his warrant 
therefor. 



224 



Chapters 115, 116. 



[1878. 



Removal. 



CHAPTER 115. 

ADDRESS FOR THE REMOVAL OF TDIOTHY B. CROWLEY FROM THE OFFICE 
OF REGISTER OF PROBATE FOR THE COUNTY OF HILLSBOROUGH. 

To his Excellency, Benjamin F. Prescott, G-overnor of the State of 
New Hampshire : — 

The Senate and House of Representatives in General Court con- 
vened, satisfied that the public good requires that Timothy B. 
Crowley, register of probate for the county of Hillsborough, should 
no longer retain said office, respectfully address and request your 
excellency, with the consent of the council, to remove said Timo- 
thy B. Crowley therefrom. 



CHAPTER 116 



NAMES CHANGED. 

The following changes of names have been legally made by the 
judges of probate in the counties where the persons reside, during 
the year from June, 1877, to June, 1878 : — 

Rockingham. RocKiNGHAM CouNTY. — William Lowry, of East Kingston, to 

William Cavanaugh ; Mary Jane Lowry, of East Kingston, to Mary 
Jane Cavanaugh : Edward Barrisiet, of Plaistow, to Edward Jar- 
relle ; Ella C. Twombly of Portsmouth, to Charlotte Ella Wood ; 
John F. Janovin, of Epping, to John Herbert Chase. 

strifEord. Strafford County. — Lizzic A. Colomy, of Dover, to Lizzie A. 

. Littlefield ; Sarah A. Atkinson, of Somersworth, to Sarah A. Crock- 
et : Lydia T. Andrews, of Rochester, to Lydia T. Gowell ; Nellie F. 
Bickford, of Rochester, to Nellie P. Wentworth ; Jennie F. Knox, 
of Somersworth, to Jennie F. K. Thompson ; Emma A. Hill, of 
Farmington, to Emma A. Goodwin ; Laola B. Gleason, of Roch- 
ester, to Laola B. Weeks ; Arthur L. Gleason, of Rochester, to 
Arthur L. Emerson. 

Belknap. Belknap County. — Jamcs F. Buuker, of Barnstead, to Charles 

Tuttle ; Aurilla Jane Glines, of Gilford, to Aurilla Jane Robinson ; 
Alice Marion Glines, of Gilford, to Alice Marion Robinson ; Charles 
Herbert Waldo Glines, of Gilford, to Alson Charles Robinson ; 
Willie Henry Waldron, of New Hampton, to Willie Henry Lowd ; 
Charles Edward Price, of Laconia, to Harry Arthur Woodhouse ; 
Hattie Nutter, of Barnstead, to Hattie N. Young ; Laura Evelyn 
Kelly, of Center Harbor, to Laura Evelyn Smith ; Emma 0. Wil- 
ley, of Barnstead, to Emma 0. Cilley ; Jonathan F. Aikens, of 
Barnstead, to Frank J. Aikens. 

carrou. Carroll County. — Lillie B. Marr, of Madison, to Lillie B. San- 

born ; Hannah Louise Chamberlain, of Sandwich, to Grace Agatha 
Blanchard. 

Merrimack. Merrimack County. — Hannah C. Green, to Hannah C. Osborne ; 

Ida F. Gilmore, to Ida F. G. Harriman ; George Watrous to Eddie 



1878.] Chapter 11 G. 22/ 

Mardcn ; Daniel Smitli, to Daniel S.Elliott; Samuel Converse, to 
Samuel Converse Head ; Frank Washington Rand, to Franlc Pierce 
Rand ; Georgina S. Page, to Jessie Anna Prcscott; Ellen F. Miller, 
to Nellie F. Garland: Charles L. Pearsons, to Charles L. Patten ; 
Harry Eastman, to AVillie Edward Knowlton ; Estella S. Butters, 
to Stella S. "Whittemorc : Emma Elliott, to Emma Gertrude Elliott : 
Emma A. Mercer, to Emma A. Tu])pan; I^abelle D. Rollins, to 
Isabella Durant. 

Hillsborough County. — Emma Belle Adams, to Emma Belle Hiiisimroiigh. 
Bartlett ; Clara E. Blodgett, to Clara E. Burns ; Eliza Dodge, to 
Eliza Pratt: Herbert Fremont Gould, to Herbert Dearl)orn (Jould : 
Nellie H. Waite,to Flora N. Hodgman ; Mary A. Kno\vles,to ^lary 
A. Davenjwrt ; Frank A. Colby, to Frank A. Underbill ; Emma 
Sadie Trask,to Mal)el Blanche Moulton ; Fred Hildreth Armstrong, 
to Fred Hildreth Newcomb ; Olive Jane Alderson, to Olive Jane 
Spencer ; Etta S. Wright, to Etta S. Hall ; Harriet A. Young, to 
Harriet A. Moulton ; George Murphy, to George Muri)hy Murray : 
Richard Mason Hoit, to Mason Richard Hoit ; Mary E. Blood, to 
Mary E. Farwell ; Myra B. Cobb, to Myra B. Holt ; Emma M. Nash, 
to Flora E. Hamlett ; Ebenezer Bailey Bartlett, to Eben Bailey Bart- 
lett ; Benjamin F. Ayers, to Benjamin F. Bascom ; Frankline S. E. 
Richardson, to Frank S. E. Richardson ; Jane M. Arthur, to Jennie 
M. Hackstaff ; Eugene Childs, to Eugene C. Hubbard ; Lizzie Jane 
Clay, to Lizzie Jane Goodwin ; Mary S. Annis,to Mary S. Kendall ; 
William Campbell Grisim, to William Campbell. 

Cheshire County. — Ellen Mead, of Walpole, to Ellen PL^smer ; Cheshire. 
Wealtha Brittan Wilson, of Surry, to Wealtha Brittan Haskins : 
Frank A. Heath, of Surry, to Frank A. Poole ; Eliza Ann Pease, of 
Fitzwilliam, to Eliza Ann Kendall ; Katie E. Griffith, of Keenc, to 
Katie E. Kenney. 

Sullivan County. — Marcella D. Gowen, to Marcella D. Grant ; suiuvan. 
Carl Grant Gowen to Carl Wilber Grant ; Amanda L. Adams, to 
Amanda L. Slack ; by adoption, Arthur W. York, to Artluir W. 
Lamberton. 

Grafton County. — Ella A. Aspinwall, to Ella A. Hamilton ;Gr,xftou. 
Sam Colby, to Samuel B. Colby ; Emily Bonney Dow, to Emily 
Bonney Kilburn ; Nellie P. Gray, to Nellie P. Bryant ; Eddie Hol- 
ton, to Edward H. Bates ; Jesse D. Jackman, to Jesse D. Howland : 
Georgiana Knowles, to Georgiana Holden ; Henry 0. Morrill, to 
Henry Noyes ; Eva Bell Simonds,to Eva B. Putney ; Oscar Thomas, 
to Oscar Thomas Tollman. 

Coos County. — Eva Beacher, to Eva Brainard ; Charles C. Hicks, coos. 
to Charles C. Head ; Winnie N. Newton, to Winnie N. Huggins. 



11 



226 



Chapter 117. — Part 1, 



[1878. 



CHAPTER 117. 

AN ACT TO PROVIDE FOR THE ENR0LL:\IENT OF THE ^HLITIA, FOR THE 
ORGANIZATION OF THE NEW HAMPSHIRE NATIONAL GUARD, AND PROVID- 
ING FOR ITS EFFICIENCY FOR THE PUBLIC DEFENSE. 

Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 

PART 1. 

ENROLLMENTS, LIABILITIES, AND EXEMPTIONS. 



Section 

1. Enrollment lists, what to contain, by whom 

made, when filed, etc. 

2. Reserved militia. 

3. Exempts by United-States laws. 

4. By this law. 

5. Quakers, Shakers, and Friends. 

6. Reserved militia subject to active duty, when. 

7. How called out. 

8. Each town to furnish its quota. 



Section 
9. Punishment for non-appearance. 

10. Organization, arms, and equipments. 

11. Government and pay. 

12. Fine for giving false information to enrolling. 

officers. 

13. Enrolling officers subject to fine or penaltj- 

for neglect of duty. 

14. Officer required to make return subjec t to fine 

or penalty for neglect of duty. 



Enrollment Sect. 1. The iiaiiies of all male citizens of this state, hetween 

lists, what to ,11 n-i-ii 

contain, by the ages of eighteen and forty-rive, shall, annually, in April, be 
wheJffiTed^etc. enrolled alphabetically by the selectmen of the towns and places 
and assessors of the cities in which they respectively reside. On 
such enrollment lists, and opposite the name of every person ex- 
empt from military duty, or a minor, or in the active militia, the 
selectmen and assessors shall write " exempt," and the reason of 
such exemption, or " minor," or " active militia," as the case may 
be. Said lists shall contain the whole number enrolled in their 
respective towns, places, and cities, and the numl)er exempt on said 
rolls. They shall suljscrilie and make oath to said lists, that, in 
their opinion and to the best of their knowledge and belief, they 
are true. They shall file said lists in the offices of the respective 
town or city clerks, on or before the first day of May in each year. 
The town or city clerks shall forward to the adjutant-general, on or 
before the tenth day of May in each year, a certified copy of said 
roll, and copy the same into an enrollment book kept by them for 
that ])urpose. 
Reserved militia. Sect. 2. All able-bodlcd male citizens enrolled in this state, not 
exempt l)y law and not belonging to the New Hampshire National 
Guard, shall be known as the Reserved Militia of New Hampshire. 
Sect. 3. The following persons, being exempted from military 
duty by the laws of the United States, shall not be included in said 
enrollment : that is to say, the vice-president of the United States ; 
tlie officers, judicial and executive, of the government of the United 
States ; members of the houses of Congress and their officers ; cus- 
tom-lioui-e officers and their clerks ; inspectors of exports ; pilots and 
mariners employed in the sea service of a citizen or merchant with- 
in the United States ; postmasters, assistant postmasters, and their 
clerks ; post-officers, post-riders, and stage-drivers in the care and 
conveyance of the mail of the United States ; telegrapli operators, 
and ferrymen employed at any ferry on a post-road. 



Exempts by 
U. S. laws. 



1878.] Chapter 117. — Part 1. 227 

Sect. 4. The following persons are also exempted from military By this law. 
duty and shall not be included in said enrollment : that is to say, 
the memV)ers of the executive council ; judges and clerks of the 
police and supreme courts ; judges and registers of probate ; regis- 
ters of deeds ; the attorney-general ; sheriffs ; the secretary, deputy 
secretary, and treasurer of the state ; the attendants upon the in- 
sane, employed in the asylum for the insane ; keepers of light- 
houses ; conductors, enginemen, road-masters, and superintendents 
of railroads and railroad trains, necessarily employed in running 
the same ; members and officers of the legislature while in session ; 
persons who, having held commissions in the army or navy of the 
United States, or in the militia of any state for five years, have 
been discharged or superseded ; persons who, having a warrant as 
drum or fife major, have done duty as such for five years shall be 
exempt, except in case of war, invasion, rebellion, riot, or reason- 
able apprehension thereof ; persons employed as officers or keepers 
in the state-prison ; the officers and keepers of the asylum for the 
insane ; the superintendent of the reform school and his assistants : 
officers and keepers of jails and houses of correction ; common 
drunkards, idiots, vagabonds, and persons convicted of any infamous 
crime in this or any other state. 

Sect. 5. Quakers, Shakers, and members of any society oi' ^rg^and Fronds. 
meeting of the people called Friends are also exempted and shall 
not be included in said enrollment, if, on or before the twentieth 
day of April, annually, they produce to the selectmen a certificate, 
signed by two or more of the elders, overseers, or principal persons, 
and clerk of the society or meeting with which they unite for wor- 
ship, that they usually and frequently attend with such society or 
meeting for public worship, are members thereof in regular stand- 
ing, and, in the belief of the person signing the certificate, are con- 
scientiously scrupulous of bearing arms. 

Sect. 6. The reserved militia so enrolled shall not be subject to ^f^'J^i;,^^^'^^^^^^'^ 
active duty, except in case of war, or for the purpose of prevent- J"ty, when, 
ing, repelling, or suppressing invasion, insurrection, or riot, or of 
aiding civil officers in the execution of the law, and then only when 
the active force shall be insufficient for that purpose. 

Sect. 7. When it is necessary for said purposes, the commander- how oaiied out. 
in-chief may order into actual service as many of the reserved mi- 
litia as may be required, by draft or otherwise, and, if a draft is to 
be made, shall issue his orders to the selectmen to return from their 
towns the number reipiired ; and they shall notify the ]iersons en- 
rolled to appear at a time and place of parade apjiointed by them, 
and then and there, by draft or voluntary enlistment, procure the 
required number, and forthwith return their names to the com- 
mander-in-chief. 

Sect. 8. When a draft is made, each town shall be required to |^='<='i i^yr'^ *<» ^ 

J- . 1 . . . 1 ... 1 1 1 T T lurmsh its quota. 

lurnish its quota m proportion to the number oi its able-bodied 
militia ; and members of the New Hampshire National Guard called 
into actual service and volunteers enlisting for any town shall be 
accounted for upon its quota. 

Sect. 9. Every person enrolled who is ordered out or is drafted P"'^'*'''"'"^* f**^' 

- T p •! non-appearauce. 

or volunteers, and fails to appear at the tune and place designated 
by the selectmen for his reporting for duty or has not then and 



228 Chaptkr 117.— Part 1. [1878. 

there an able-l)odiod siil:stitute, gliall be dealt with as a soldier ab- 
sent without leave. 
Organization, Sect. 10. Wlieii ill actiial sei'vice, the active and reserved mili- 
m^ts!'"'^^'^"'^'tia shall be organized, l)y the commander-in-chief, into companies, 
regiments, l)rigades, and divisions, and proper officers appointed 
therefor ; commissioned officers shall furnish themselves with a 
sword, and non-commissioned officers and privates shall be armed 
and equipped by the state. 
Government and Sect. 11. Officcrs and soldicrs ill actual service shall l)e gov- 
^^^' erned and trained in accordance with the laws and regulations of 

the United States for governing the militia when in actual service, 
and shall receive the same pay as similar grades and arms of the 
service in the army of the United States. 
Fine for giving Sect. 12. Auv pcrsoii knowiugly and willfully refusing infor- 
tion to enrolling matioii or giving false information to any selectman or assessor 
officers. making such enrollment, respecting the name, age, residence, occu- 

pation, military service, or physical or mental disability of himself, 
or of his son or ward, or person in his employ, or boarding with 
him, shall be fined twenty dollars ; and, if the person incurring 
such forfeiture is a minor, his parent or guardian shall be liable 
therefor. In case of doul)t as to exemption from military duty, 
the burden of proving such exemption shall be on the person claim- 
ing it ; and all enrolling officers may require the persons examined 
by them to testify under oath and may administer such oath. 
Eni-'iiiing officer Sect. 13. Ally sclcctmaii or assessor neglecting or refusing to 
penalty for ueg- faithfully perform the duty of enrolling officer required by this 
utj. chapter, or if tliey make any false entry upon said roll, or commit 
any other fraud in making said roll, shall be fined not exceeding 
five hundred dollars or imprisoned not exceeding one year. When 
the adjutant general sball find, from the returns of the selectmen 
or assessors in any town or city, that they have not made a true re- 
port of the number of persons liable to military duty under the 
])rovisioiis of this title, he shall notify them by mail that they have 
failed to make such report ; and, if they shall not make true report 
of the number of such persons, as nearly as the same can be ascer- 
tained, within twenty days after such notice, he shall notify the 
state's attorney in the county in which said selectmen or assessors 
reside, who shall proceed to collect such fine or enforce such 
penalty. 
tTmrkri^tum Sect. 14. Any town-clerk or other officer required to forward a 
subject to fine or copy of tlic I'oll to tlic adjutaut-gencral, and any selectman or other 
feXof^duty!^^^" officcr required to make any draft or return the names of persons 
drafted or enlisted to the commander-in-chief, who neglects to make 
such draft or return, shall forfeit twenty dollars for each neglect, 
to be recovered liy the adjutant-general, and credited to the account 
of the active militia. 



1878.] 



Chapter 117. — Paut 2. 



OOf) 



PART 2. 



FORMATION AND DUTIES OF THF ArTlVK FORCK, 



Section 

1. Composition of active forre ; enlistments ; 

minors ; surgeon's certificate ; active force 
to be first called and liable at all times. 

2. Active, part of enrolled militia. 

3. Enlistments by counties ; deficiency. 

4. Companies raised by petition. 

5. Of seventy-five citizens. 

G. Enlistment books ; valid enlistment, term 
of. 

7. Meeting for nomination of officers. 

8. Who to preside. 

9. Notice of meeting. 

10. Nominations made by ballot by enlisted men. 



Section 

11. Attested copy <if enlistment-book to adju- 

tant-general. 

12. Number of men to a coniiiaiiy. 

V'>. Rank and designation of companies. 

14. Brig.ide organization. 

1.'). Assignment of companies. 

IG. Number to a regiment, etc. 

17. Regimental band. 

18. Term of service and discharge. 

19. Companies to be disb.anded, when. 

20. Independent companies may be attached to 

militia. 

21. Same law, etc., govern inf.Tiitry and heavy 

artillery. 



Sect. 1. The active militia sliall bo tciiowii and desigiiatcd as composition of 
the New Hampshire National Guai'd ; and, on a peace f(,):)ting, shallnstmentsTmr-'^' 
consist of not more than three regiments of infantry, two fonr-gim^^^^'^^j^^^^^J^s.''^^'* 
batteries of light artillery, and one squadron of cavalry. All en- tive force to be 
listments therein shall be for five years, and made l)y signing such liable at aii 
enlistment books as may be prescribed by the adjutant-general and*""^'"' 
approved by the commander-in-chief. An attested copy of said en- 
listment book in the same form shall be made by the clerk and for- 
warded forthwith to the adjutant-general. Also, when a new 
enlistment is made in any troop of cavalry, ])lato(>n or l)attery of 
light artillery, or company of infantry, tlic commnndiiig officer 
thereof shall cause the clerk to forward the name of such man or 
men so enlisted to the adjutant-general. Tlie commanding officer 
of every troo[) of cavalry, platoon or battery of light ai'tillery, or 
company of infantry, or any field or commissioned staff officer of 
the New Hampshire National Guard, may, and is liercl)y qualified 
to, administer the oath required upon enlistment. No enlistment 
shall be allowed in the New Hannishire Nati(jnal Guard other than 
able-bodied citizens of this state, between the aaes of eighteen and 
forty-five years, residing in the town or city, or an adjoining town 
or city, wliere the armory of the troop of cavalry, ])latoon or bat- 
tery of light artillery, or company of infantry is situated. In time 
of peace, no minor shall be enlisted into the New Hampshire Na- 
tional Guard without the written consent of his parent or guardian. 
The written consent of the parent or guardian shall be copied into 
the orderly-book of the organization into whicii ^aid minor enlists, 
and the original kept on file. No uniform, allowance, pay, or com- 
pensation shall be given by the state to any enlisted man or officer 
not certified to by the surgeon or assistant surgeon of the regiment, 
to be able-bodied and capable of doing military duty. The New 
Hampshire National Guard, herein mentioned, shall be liable at all 
times to be ordered into active service for the purp:)i-e of repelling, 
preventing, or suppressing invasion, insurrection, or riot, or for aid- 
ing civil officers in the execution of the law; and shall first be 
called out by the commander-in-chief on all occasions for military 
service. 



230 



Chapter 117. — Part 2. 



[1878. 



Active,'part of 
enrolled militia. 



Enlistments by 
counties.; defi- 
ciency. 



Companies 
raised by^peti- 
tion. 



Of seventy-five 
citizens. 



Enlistment- 
books ; valid 
enlistment, 
term of. 



Meetings for 
nomination of 
officers. 



Who to preside. 



Notice of meet- 
ing. 



Nominations 
made by ballot 
by enlisted men. 



Attested copy of 
enlistment-book 
to adjutant- 
general. 



Sect. 2. The active militia shall constitute part of the enrolled 
militia and shall be subject to the laws of the state and of the 
United States relative to the enrolled militia. 

Sect. 3. The active militia shall be raised by enlistments from 
the several counties, in proportion, as near as may be, to their pop- 
ulation; and, when enlistments from any county are deficient, the 
commander-in-chief may order enlistments to be made in any 
county until the deficiency is supplied. 

Sect. 4. Troops of cavalry, platoons and batteries of light ar- 
tillery, and companies of infantry shall be raised on petition to the 
commander-in-chief, or by his order witli the advice and consent of 
the council. 

Sect. 5. When a petition for raising such troops, platoon, bat- 
tery, or company has been signed by not less than seventy-five citi- 
zens of the town where such organization is to be raised, the order 
for raising tlie same may be issued, and the adjutant-general, on 
application therefor, shall furnish the petitioners with an enlist- 
ment-book and roll. 

Sect. 6. Such book and roll shall be prepared by the adjutant- 
general, in form and with heading to be approved by the com- 
mander-in-chief, and of an uniform character for all branches of 
the service. The signing said book and taking the oath required 
upon enlistment shall constitute a valid enlistment for five years 
into the troop, platoon, battery, or company mentioned therein; 
and no person shall be considered enlisted or entitled to pay or 
compensation until he is so enlisted. 

Sect. 7. When an order has been issued for raising a troop of 
cavalry or conqmny of infantry, and fifty-eight persons have been 
enlisted, or thirty-six men enlisted for a platoon of light battery, as 
is required in section six of this chapter, the petitioners may give 
notice thereof to the commander-in-chief, who shall issue an order 
for calling a meeting of the persons who have so enlisted, for tlie 
nomination of officers. 

Sect. 8. If a commissioned officer of tlie volunteer force may 
conveniently be designated to attend and preside at said meeting, 
the order shall be directed to him to call said meeting ; otherwise 
to the town or city clerk of the town or city in which a plurality of 
the persons who have so enlisted reside. 

Sect. 9. Such commissioned officer or person designated shall 
cause seasonal)le notice of the time and place of meeting appointed 
by them to Ije given to each person who has so enlisted, or left at 
his abode ; and, at said meeting, such officer or person named in 
said order shall preside. 

Sect. 10. At said meeting, the persons present who have so 
enlisted may, by ballot and major vote, nominate suitable persons 
to lie commissioned as captain and subaltern officers of the troop, 
])latoon, battery, or company ; and the person presiding at said 
meeting shall forthwith file in the office of the adjutant-general his 
certificate of said nominations. 

Sect. 11. As soon as said troo]) of cavalry, platoon or battery 
of light artillery, or com])aiiy of infantry is fully organized, the 
commanding officer shall cause the clerk of said organization to 
forward an attested copy of its enlistment-book to the adjutant- 
!2:eneral. 



1878.] Chaptkr 117. — Part 2. 231 

Sect. 12. On a peace footing, each trooj) of cavalry, company ^"^"J^®|;^^""'" 
of infantry or heavy artillery, shall be limited to fifty-eight officers 
•and men ; and each ])latoon or light Ijattery, to thirty-six officers 
and men ; and each full battery, to seventy-two officers and men ; 
but, in actual service, when the exigency of the case requires it, the 
commander-in-chief may, by proclamation, authorize enlistments to 
the maximum standard of similar organizations in the army of the 
United States; and, when the exigency ceases, he shall, by procla- 
mation, order the reduction of such organizations in tlic most 
expedient way, to the limit on a peace footing. 

Sect. 13. The date of the organization of a troo|) of cavalry, Ran'' ami de«ig- 
platoon or battery of light artillery, or company of infantry shall panL. 
be the day of the meeting first held under an order for the nomina- 
tion of its officers ; and each organization shall be designated l)y 
alphabetical letters, and have seniority according to the date of the 
■commissions of the commanding officers. 

Sect. 14. The active force, known as the New Hampshire Brigade organ- 
National Guard, shall be arranged by the commander-in-chief into 
battalions, squadrons, and regiments, and shall constitute one 
brigade, under the command of a l^rigadier-general ; and the com- 
mander-in-chief may, from time to time, change the organizations 
at pleasure. 

Sect. 15. Each of said organizations shall be assigned to its '^-^^'smneut of 

T • 11 111 companies. 

respective squadron, battalion, or regiment and be numbered and 
lettered at its formation ; and the order for its organization and 
number and for any alterations therein shall be recorded in the 
office of the adjutant-general. 

Sect. 16. The squadron of cavalry shall consist of two troops ; Number to a 
the battalion of light artillery, of not less than three platoons ; and '^^^™'^" ' ^ *'' 
regiments of infantry, of not less than six nor more than ten 
companies. 

Sect. 17. Each colonel of a regiment may raise by enlistment Regimental 
a band of musicians not exceeding twenty-four, including one^^"'' 
master and one deputy-master, to be attached to his regiment, and 
may issue his warrant to the master, deputy-master, and musicians ; 
])7'ovided, that the memljers of such Ijand shall furnish their own 
instruments, and provided, further, that the state uniform shall 
not be worn except when the band is ordered out by the conimand- 
•er of the regiment or by his permission. 

Sect. 18. Every non-commissioned officer, musician, and private Term of service 
■enlisted into the New Hampshire National Guard shall be held to^"^ i»ciarge. 
duty therein for the term of five years, unless disability after enlist- 
ment shall incapacitate him to perform such duty, and he shall be 
regularly discharged in consequence thereof by the commander-in- 
chief upon recommendation o£ the commandant of his regiment, 
battalion, separate troop, battery, or company ; provided, hoivever, 
that every such non-commissioned officer, musician, and private 
shall continue to be held to duty, and shall retain his rank and be 
eligible to promotion after the expiration of his term of enlistment 
or re-enlistment, so long as he or the commandant of his troop, 
battery, or company omits to apply for his discharge ; and, on sucii 
application being made, his discharge shall not be granted until the 
expiration of three months from the date of the application, except 
when the application is made or approved by the commandant of 



232 



Chapter 111. — Part 



[1878. 



Companies to be 

disbanded, 

when. 



Independent 
companies may 
be attached to 
inilitia. 



Same law, etc., 
goTern infantry 
and heavy artil- 
lery. 



his troop, battery, or company, in whicli case tlie discharge may bo 
granted immediately. Except as herein otherwise provided, no 
non-commissioned officer, musician, or private of the National Guard 
shall be discharged from service, except for physical disability or 
expiration of term of enlistment. Discharges for physical disability 
shall be granted only upon the certilicate of the regimental or bat- 
talion surgeon, or assistant surgeon, and, in the case of a separate 
troop, battery, or company, of the surgeon of the brigade to which 
such separate troop, battery, or company is attached ; a/ivai/K pro- 
vided^ hoineve?', that the commander-in-chief may, for sufficient 
reasons and in his discretion, grant discharges to enlisted men at 
any time, upon the recommendation cf the commandant of the 
troop, battery, or company, with the approval of the commandant 
of regiment or battalion, and of the brigade to which they belong, 
and, in the case of a separate regiment, battalion, troop, battery, or 
company attached to a brigade, u|)oii the recommendation of the 
commandant of such separate regiment, battalion, troop, battery, or 
com[)any. 

ISect. 10. If a troop of cavalry, platoon or l)attery of light artil- 
lery, or company of infantry fails to comply with the law in regard 
to uniform, equipments, or discipline, so that it is incapacitated to 
discharge its duties, or if a troop of cavalry or company of infantry 
is reduced below thirty-two enlisted men, and a platoon of light 
battery below twenty enlisted men, or a battery below forty enlisted 
men, such organizations so deficient in numbers may be disl sanded 
by order of the commander-in-chief. 

Sect. 20. The commander-in-chief may, by sjjecial order to 
that effect, accept as a part of the active force any troop of cavalry, 
})latoon, or battery of light artillery, or company of infantry, raised 
without previous order therefor, commission officers, nominated by 
them or otherwise, as he ma}^ elect, and attach such organization to 
any existing regiment or brigade or other organization at his dis- 
cretion. 

Sect. 21. The same law, rules, and regulations applying to 
companies of infantry shall be applicable to companies of heavy 
artillery. 



PART 3. 

OFFICERS, THEIR APPOINTMENT AND DUTIES. 



Section 

1. Staff of comniander-in-cliief, their appoint- 

ment and term of office. 

2. Duties of adjutant-general. 

3. His official bond. 

4. To act as quartermaster, paymaster, and 

commissary-general. 

5. To sue for forfeitures and account for moneys. 
G. To have charge of arsenals, etc. 

7. To procure and issue camp equipage. 

8. To issue, receive, and repair arms and equip- 

ments. 
0. To furnish standards, flags, musical instru- 
ments, etc. 
10. To issue militia law and tactics. 



Section 

11. To provide supplies for active service. 

12. To submit annual estimate of expenses. 

13. To furnish funds to regimental paymaster? 

bond of paymaster. 

14. To submit annual statement of disbursements; 

accounts to be audited and filed. 

15. To make report of public property and funds. 
IG. To record and preserve documents pertaining 

to military record of New-Hampshire sol- 
diers in war of rebellion. 

17. To give certified copies thereof. 

18. Penalty for presenting fraudulent papers for 

record. 



1878.] 



Chapter 117. — Part 3. 



233 



Section 

19. Ailjutant-genrral to have control of armories 

•and gun-houses. 

20. Judge-advocate-general supervisor of adminis- 

tration of military justice. 

21. Is legal adviser of military department, etc. 

22. Surgeon-general's duties. 

23. In-spector-general's duties. 

24. Duties of quartermaster and commissarj-. 

general. 

25. Brigadier-general and staff. 
20. Infantry field and staff officers. 

27. Battalion fielil and statf. 

28. Cavalry and infantry company commissioned 

and warrant officers. 



Section 

29. Battery ditto. 

30. Vacant office filled by next in rank. 

31. Regimental commandant to appoint non-com- 

missioned officers of companies, all office.s 
being vacant, etc. 

32. To appoint company commander, when. 

33. Officers to be appointed by governor and coun- 

cil. 

34. Governor to appoint company officers on rec- 

ommendation of field officers. 

35. Arrest, resignation, and removal of officers. 
3(). Persons excluded from holding office in militia. 
37. Officers to be commissioned by the governor. 



Sect. 1, The staff of the commander-in-clnef shall consist of staff of con.- 
the adjutant-general, who shall be, e.c officio, chief of staft", with the the?r appoint-^ ' 
rank of major-general ; a judge-advocate-general, a surgeon-general, ^"'^^"'^^'^'""^ 
an inspector-general, a quartermaster-general, a commissary-gen- 
eral (who shall be the commissary-general named in the constitu- 
tion), each with the rank of brigadier-general; and four aids-de- 
camp, each with rank of colonel. The adjutant-general shall be 
appointed by the governor, with advice and consent of tlie council, 
and shall hold his office during good behavior, or until he is re- 
moved therefrom as provided, in the constitution, for the removal 
of military officers. The commissary-general shall be elected as 
required by the constitution ; and all other staff officers of the com- 
mander-in-chief shall be appointed and commissioned by him, and 
shall hold their office during the term of office of the governor, 
unless otherwise removed by him, which he may do at pleasure. 

Sect. 2. The adjutant-general shall keep his office at the state duties of adju- 
capitol ; shall record and distribute the orders of the commander- ' ' ' 
in-chief : keep a roster of military appointments and resignations ; 
detail officers for courts-martial and other special service ; attend 
reviews l>y the commander-in-chief ; fui'uish ofiiccrs required to 
keep orderly-books with the same, and all necessary blanks witii 
suitable explanations ; keep a record of troops ordered into the 
service of the United States, and of all other military transactions of 
the state ; and perfor.n all other duties devolving on him as the 
adjutant and executive officer of the commander-in-chief. 

Sect. 3. He shall give bond to the state in the sum of twenty His official bond. 
thousand dollars, with sufficient sureties, to be approved liy the 
governor, with advice of the council, conditioned for the faithful 
performance of the duties and trusts of his office. 

Sect. 4. He shall act as quartermaster-general, payniaster-gen-xoactasquar- 
eral, and commissary-general, and shall have the general charge maSerfand'com- 
and supervision of quarters, transportation, supplies, and pay f or nji^^j**'"}-?*'"- 
the militia in the service of the state. 

Sect. 5. He shall sue for forfeitures incurred by officers for xo sue for sm-- 
neglect to make returns, and for forfeitures and damages on ac- account' fo"'' 
count of injuries to gun-houses, armories, and pul)lic military prop- ™°'^''>'*- 
erty, and shall annually account for all moneys received Iw him 
from the state treasury or any other source, and for fines, penalties, 
forfeitures, or damages on account of such neglect or injury. 

Sect. 6. He shall, by himself or deputies, have charge of the to have charge 
arsenals of the state, and of the artillery, arms, and munitions of° ai^ena.,, ec. 
12 



234 



Chapter 117. — Part 3. 



[1878. 



To procure and 
issue camp 
•equipage. 



To issue, re- 
ceive, and re- 
pair arms and 
equipments. 



To furnish 
standards, flags, 
musical instru- 
ments, etc. 



To issue militia 
law and tactics. 



To provide sup- 
plies for active 
^.service. 



To submit an- 
nual estimate of 
expenses. 



To furuLsli fundi 
to regimental 
paymaster ; 
bond of pay- 
master. 



war, and other public property deposited therein, shall receive from 
the United States all arms and equipments apportioned to this state 
under the act for arming the militia, and deposit them in the 
arsenals or in some suitable and proper place, as he deems l)est for 
the public service, and cause the same to be kept in proper condition 
at all times for immediate use. 

Sp:ct. 7. He shall deliver from said arsenals suitable camp 
equipage, tents, and utensils for the use of a regiment or brigade, 
when a regimental or brigade encampment is ordered, and, after 
such encampment, receive and carefully keep the same for the use 
of troops next ordered into camp ; and, if such equipage is not in 
the arsenals at the time of such encampment being ordered by the 
commander-in-chief, he shall purchase or provide such camp equi- 
page, tents, and utensils as may be required, and the governor is 
authorized to draw his warrant for the necessary cost or expense. 

Sect. 8. He shall deliver from the arsenals to the commanding 
officer of each volunteer troop, platoon, battery, or company, such 
arms and equii)ments as he is entitled to receive, receive therein the 
same when required to l)e returned, and give a receipt therefor; 
and, if such arms or equipments are damaged, he shall cause the 
same to be repaired. 

Sect. 9. He shall furnish to each squadron of cavalry a stand- 
ard, to each troop of cavalry and platoon of light artillery a guidon, 
and to each battalion and regiment of infantry a state and national 
flag of the regulation pattern ; and to each battalion and regiment 
two guidons and four markers, and to the brigade a camp color ; 
and a suitable bell and socket shall accompany each standard or 
guidon ; and he shall furnish camp equipage, musical instruments, 
and all other things which he is required to procure for the use of 
the militia. 

Sect. 10. He shall distribute to the several officers copies of the 
militia law of the state, and to each commissioned officer and lirst 
sergeant in the New Hampshire National Guard a copy of tactics 
such as is prescribed for the use of the United-States army, which 
he shall, from time to time, procure for that purpose, so that each 
officer entitled thereto shall have a copy ; and shall distribute such 
copies of military books as the legislature may direct, taking re- 
ceipts therefor. 

Sect. 11. He shall make provision, personally or through the 
brigade or regimental quartermasters, for the camp equipage, quar- 
ters, transportation, and for the subsistence of the militia when 
called into active service. 

Sect. 12. He shall, on or before the first day of September, an- 
nually, submit to the governor a detailed estimate of the expenses 
of the militia for the then current year, including company train- 
ings and encampments ; and the governor is authorized to draw his 
warrants from time to time for such sums as may be necessary for 
the prompt payment of such expenses, including pay-rolls of officers 
and privates. 

Sect. 13. He shall seasonably furnish the regimental paymas- 
ters with funds to pay claims duly allowed in their regiments ; but 
no regimental ])aymaster shall receive such funds or other public 
property until he has dejwsited in the office of the adjutant-general 
a bond to the state, with sufficient sureties, to be ai)provcd by the 



1878.] Chapter 117. — Part 3. 235 

adjutant-general, conditioned for tlic faithful appropriation of all 
funds or other pul)lie ))roperty which may come to his hands for the 
use or on account of the militia. 

Sect. 14. He shall, annually, su))mit to the governor and couu-to submit an- 
cil, at some session l)et\vcen the first of May and SeptGml)er, an ac- oi'disbur""*" 
curate statement of his disl)ursements for the year preceding, with {"'',"g'jj;,,^j''g'^J"^^^ 
the vouchers therefor, and the same shall l)e audited and adjusted ^"'i fii*"^- 
by the governor and council, or by some suitable person by them 
appointed therefor ; and the said account and vouchers, when so 
audited, if allowed, shall be deposited and kept on hie in the office 
of the state treasurer ; and, when his account is so audited and ad- 
justed by the governor and council, or by any person or persons l)y 
them appointed for that purpose, and by them approved and found 
correct, he shall receive a certificate from the governor showing 
that his accounts for the year preceding have been audited and 
found correct. 

Sect. 15. He shall, annually, in May, make to the governor T'>make^re^«ort 
and council a report in detail of the amount, kind, and condition of erty and'fundH. 
all public property in his charge ; and, when required, he shall ac- 
count for all funds, military stores, and other public property com- 
mitted to his care or which have come to his hands ; and deliver to 
his successor in office all such funds, stores, or other property not 
by him legally expended. 

Sect. 16. The adjutant-general shall record in suitable '^oo^s, To^rpcord^and 
to be provided at the expense of the state and to l)e kept in a fire- ments pertain- 
proof safe, all original discharges, final statements, certificates of "ecord o"'k h. 
merit, brevets, or other original papers or documents belonging to,^°^'^^®J^^„'°^^''^'' 
or in any way affecting, the military or naval record or claim for 
service of any officer, soldier, or seaman of this state who served, 
during the late rebellion, in the army or navy of the United States, 
which may be brought to him for that purpose. 

Sect. 17. He shall examine carefully into the genuineness and to give certified 
authenticity of all papers so recorded, and make an exact and at-*^°^'^^ 
tested record, at the request of the parties interested, of such papers 
as he deems genuine and authentic, and properly index the same, 
and furnish certified copies of such record to persons interested 
therein. 

Sect. 18. Anv i)erson who shall make or cause to be made any ?''"»% Jo"" p/^- 

pirni".'! IP 1 1 renting fraud- 

lalse, fraudulent, or forged papers, to be presented for such record, uient papers for 
or who shall present or cause to be presented for such record any"^^*^"^ ' 
false, fraudulent, or forged papers, knowing them to be such, shall 
be deemed guilty of forgery and be im[)risoned from three to seven 
years. 

Sect. 19. The adjutant-o-eneral shall have the supervision and '^'^ij"'=in*-sen- 

'' t?r<il to licivG con- 

control of the armories of the troops of cavalry, companies of in- tioi of armories 
fantry, and all gun-houses of platoons and batteries of light artillery,''^ gim-uouses. 
and of all battalion, regimental, and brigade headquarters, so far 
as is necessary for securing and protecting public proi)erty kept 
therein ; and all gun-houses owned by the state shall be in his 
charge for the purpose of preservation and repair. The adjutant- 
general, with the advice and consent of the governor and council, 
may sell and convey any gun-house and lot, and pay the proceeds 
into the state treasurv. 



236 



Chapter 117. — Part 3. 



[1878. 



Jiulge-advocate- 
general super- 
visor of admin- 
istration of mil- 
itary justice. 



Is legal adviser 
of military de- 
partment, etc. 



S urgeon-gen- 
eral's duties. 



Inspector-gen- 
eral's duties. 



Duties of quar- 
termaster and 
commissary-gen- 
eral. 



Brigadier-gen- 
eral and staff. 



Infantry field 
and staff oflScers, 



Sfxt. 20. The judge-ad vocate-general is charged with the super- 
vision, care, and management of all things relating to the admin- 
istration of justice among the military forces of the state. He shall 
diligently scrutinize and examine the proceedings of all courts- 
martial, and report thereon for the information of the commander- 
in-chief. Under the orders of the commander-in-chief, the judge- 
advocate-general shall act as judge-advocate at any court-martial 
where the public interests sliall require his attendance. 

Sect. 21. The judge-advocate-gencral is the legal adviser of the 
military department upon all legal questions which may arise 
therein, and to him may be referred for supervision all contracts, 
agreements, or other instruments to be drawn or executed in the 
course of the business of this department. It shall be the duty of 
the judge-advocate-general to prosecute any bond, the condition of 
which is violated Ijy a neglect or refusal of any officer to report the 
condition of any arms or equipage, or to return tlie same to any of 
the arsenals of this state, as required by law. 

Sect. 22. The surgeon-general, subject to the orders of the 
commander-in-chief, shall have general supervision and control of 
all matters pertaining to the medical department of the National 
Guard, and shall perform such other duties appertaining to his 
office as the commander-in-chief may direct. 

Sect. 23. The inspector-general shall make an annual inspec- 
tion of each troop of cavalry, platoon and battery of light artillery, 
and company of infantry, and of all other organizations belonging 
to the National Guard, at such time as the commander-in-chief may 
order ; provided, hoivever, that such inspection shall be made on 
or before the first day of July in each year. He shall also inspect 
all armories, books, records, and military property in possession of 
each organization, and report to the commander-in-cliief, through 
the adjutant-general, within ten days of such inspection, the condi- 
tion thereof. 

Sect. 24. The duties of the quartermaster-general and commis- 
sary-general shall be the same as prescribed by the regulations of 
the army of the United States, relative to these departments, so far 
as applicable and consistent with the laws of this state. 

Sect. 25. To each brigade there shall be a brigadier-general, 
who shall appoint, and may remove at pleasure, one assistant adju- 
tant-general, witli the rank of lieutenant-colonel ; one judge-advo- 
cate, one medical director, one assistant inspector-general, each 
with the rank of major ; one brigade quartermaster, one l)rigade 
cominissaiy, one aid-de-camp, each with the rank of captain : and 
one aid-de-camp, with rank of first lieutenant. There shall also 
be allowed to each brigade, one brigade bugler, one brigade color- 
sergeant. 

Sect. 2('>. To each regiment of infantry, there shall })e one 
colonel, one lieutenant-colonel, one major, and a regimental staff 
to be appointed by the colonel and removable at his pleasure, to 
consist of one surgeon with rank of major ; an assistant surgeon, 
one ]iaymaster, and one chaplain, each with the rank of captain; 
an adjutant, one quartermaster, Avho shall act as paymaster when 
the office of i)aymaster is vacant, with the rank of first lieutenant, 
— all to be commissioned by the governor and commander-in-chief; 
and a non-commissioned staff, to consist of a sergeant-major, a 



1878.] Chapter 117. — Part 3. 237 

(Hiartcrmaster-scrgcant, a commissary-sergeant, a liospital steward, 
and a drum-major, appointed by warrant of tlie colonel. 

Sect. 27. To eacli separate battalion, there shall be a major and ^^^^*jta^[™ fi^ia 
battalion staff, to be appointed by him and removable at his 
pleasure, to consist of an adjutant, a quartermaster, who shall serve 
as paymaster, each with the rank of first lieutenant, and a surgeon, 
with rank of captain, to be commissioned by the governor ; and a 
sergeant-major and quartermaster-sergeant, to be appointed by war- 
rant of the major. 

Sect. 28. To each troop of cavalry or company of infantry, cavairy and in- 
there shall be a ca])tain, a first lieutenant, and a second lieutenant, commissioned 
each to be commissioned by the governor, and five sergeants, the ceiL'™"^"* "^' 
first to be orderly-sergeant and clerk of the troop or company, and 
four corporals, to be appointed, by the captains and subalterns of 
the troop or company, and confirmed by warrant of the colonel, 
countersigned by the adjutant of the regiment or battalion to which 
such troop or company is attached, and removable upon the recom- 
mendation of a majority of the commissioned officers of the troop 
or company, subject to the approval of the colonel or officer in 
command of the regiment or battalion to which such organization 
belongs. 

Sect. 29. To each four-gun battery, there shall be a captain. Battery ditto. 
a senior first lieutenant, a junior first lieutenant, and a second 
lieutenant, to be commissioned by the governor and commander- 
in-chief ; six sergeants, the first to be orderly and clerk of the 
battery, four chiefs of sections, one quartermaster-sergeant, and 
eight corporals, who shall receive their warrant of appointment in 
the same manner as the non-commissioned officers of a company. 

Sect. 30. When the office of brigadier-general, colonel, major, ^'j'J^^^^y®''^^^;,^ 
or captain is vacant, or such officer is sick or absent, the officer rank, 
next in rank in the brigade, regiment, battalion, troop, platoon, 
battery, or company shall exercise his command and have tlie same 
powers and be subject to the same duties and lial)ilities. 

Sect. 31, When a troop, lAatoon, battery, or comi)anv is with- Regimental com- 

• ii' ^ iiiaiiclaiiit to an- 

out officers, the commander of the regiment or battalion to which point non-com- 
it is attached shall appoint non-commissioned officers for the troop, ""4^o"compa- 
platoon, battery, or company ; and the senior officer so appointed {Je^^' vacaut'^etc. 
shall act as clerk thereof, and shall command the troop, platoon, 
battery, or company, except when on parade or when an officer is 
detailed for such command as provided in the following section. 

Sect. 32. When a troop, platoon, battery, or company is with- ^°J^pp°^,^^^<;^^^"- 
out commissioned officers, the commander of the regiment or er, when, 
battalion to which it is attached shall detail some officer of the 
staff or line in his command to take command of and discipline 
such troop, platoon, battery, or company until an officer is com- 
missioned therefor ; and the officer so detailed shall have the 
powers and be subject to the duties and liabilities of the captain of 
said troop, platoon, battery, or company. 

Sect. 33. All officers of the navy, and general and field officers ^^^IJj^^g'^^. 
of the militia, shall be nominated and appointed l)y the governor governor ami 
and council ; and every such nomination shall Ije made at least 
three days prior to such appointment ; and no appointment shall 
take place unless a majority of the council agree thereto. 



238 



Chapter 117. — Part 1. 



[1878, 



Governor to ap- 
point company 
oflBcers on rec- 
ommendation 
of field officers. 



Arrest, resigna- 
tion, and remov- 
al of officers. 



Sect. 34. The captains and subalterns in tlie respective 
regiments and battalions shall be nominated and recommended by 
the field officers to the governor, who is to issue their commissions 
immediately on receipt of such recommendations. 

Sect. 35. Any commissioned officer convicted of an infamous 
crime shall be ordered under arrest by his next superior ; and no 
officer shall resign his commission while under arrest, nor until he 
has accounted for and delivered to the proper officer all public 
money, files, records, and property in his possession. And no 
officer duly commissioned to command in the New Hampshire 
National Guard or militia shall be removed from his office but by 
the address of both Houses to the governor or by fair trial in court- 
martial, pursuant to the laws of the state for the time being. 
Persons exciiui- Sect. 36. No pcrsou sliall liold, or be commissioned to, any 
office°L^mi°iitiT.^ office in the New Hampshire National Guard, who shall be en- 
gaged in the illegal sale or traffic of spirituous or intoxicating liq- 
uors, or engaged in any other illegitimate business. 
Officers to be Sect. 37. All general, field. Staff, and line officers having the 

commissioned hy , ^ ■,. , , ci-i i t -ij 

the governor, rank 01 lieuteuaut, or ot a higher grade, and surgeons, assistant 
surgeons, a judge-advocate, and a state inspector, and chaplains, 
shall be commissioned by the governor, with advice of the council, 
except as is otherwise provided in this act. 



PART 4. 



orderly-books, rosters, and returns. 



Section 

1. Brigade, regimental, etc., orderly-books. 

2. Quartermaster's orderly-book. 

3. Roster of officers and non-commissioned offi- 

cers. 

4. Permits and surgeon's certificates to be re- 

corded. 

5. Annual return of men enrolled. 

6. Of public property. 

7. Clerk's duty. 



Section 

8. Lists of officers and men in active militia to- 

be certified to selectmen. 

9. Regimental and brigade returns. 

10. Quartermaster's returns. 

11. Time of making returns. 

12. Adjutant-general to record and forward re- 

turns. 

13. To record return of assistant quartermaster- 

general. 



Sect. 1. The assistant adjutant-general of each brigade, the 
adjutant of each regiment or battalion, and the orderly of each 
troop, platoon or l)attery, and company, shall keep an orderly-]x')ok 
and record therein all orders and official communications received 
or issued by his commanding officer, and all returns signed by him, 
and shall distribute all orders of his commanding officers. 

Sect, 2. Each quartermaster shall keep an orderly-]>ook, and 

record therein all orders and official communications received or 

written by him relating to his office or the public property in his 

charge, all receipts for public property distributed, and returns of 

public property made by him. 

Roster of officers Sect. 3. Thc assistaut adjutaut-geiieral of each brigade and the 

missro^^eToffi- adjutant of each regiment or l)attalion shall keep in his orderly- 

cers. book a roster of the officers and non-commissioned officers of his 

regiment or battalion, with the dates of their a])i»ointment ; and 



Brigade, regi- 
mental, etc., 
orderly-books. 



Quartermaster's 
orderly-book. 



1878.] Chapter 117. — Part 4. 239 

the clerk of each troop, platoon, l)attery, or company sliall keep a 
like roster of officers and non-commissioned officers of his troop, 
platoon, battery, or company. 

Sect. 4. The clerk of each troo]), platoon, l)attery, or com] lany permits an.isur- 
shall record in his orderly-book all permits and snrgeon's certiiicates|:*°^^'^j^jjg''^;. 
presented to liim for record. corded. 

Sect. 5. The commandint>; officer of each trooi), platoon, Ijat- Annual return of 

^ •*■ ■* 111611 8uroll6ct. 

tery, or company, on the first Tuesday of April in each year, shall 
make and sign a correct return, in the form prescribed, of the 
number of persons enrolled in his troop, platoon, battery, or com- 
pany, and cause the same to be recorded in the orderly-book of his 
command, signed by the clerk, and transmitted to the adjutant of 
the regiment or battalion. 

Sect. 6. He sliall, at the same time, make and sign a correct of puwic prop- 
return, in the form prescribed, of the camp equipage, ordnance, "^^' 
military stores, musical instruments, and other public property in 
his troop, platoon, battery, or company, furnished by the state, 
cause tlie same to l)e signed and recorded by the clerk, and trans- 
mitted to the quartermaster of his regiment. 

Sect. 7. The clerk shall assist the officer in command in making cierk's duty. 
his returns, and shall sign and record the same in his orderly-book. 

Sect. 8. The clerk of each troop, platoon, battery, or company Lists of officers^ 
shall, annually, in March, file with tlie selectmen and assessors of uvemnltiMo 
each town or city in which any officer or soldier of his troop, ^pig^^i^en^'*' 
platoon, battery, or company is liable to be enrolled a certified list 
of such officers and soldiers ; and a certified copy of such certifi- 
cate shall be evidence of the enrollment, in said troop, platoon, 
battery, or company, of the persons named in said list. 

Sect. 9. The acliutant of each regiment or battalion shall fur- J^egimentai and 

f 1 1 brigade returns. 

nish the commander of each troop, platoon, battery, or company 
assigned to the regiment or battalion of which he is adjutant, with 
blank forms of returns to be made by them, and explain how to be 
made ; shall consolidate the returns made to him into a regimental 
return, record the same in his orderly-book, and transmit the same, 
countersigned by the colonel, to the assistant adjutant-general of 
the brigade, and keep on file the returns made to him ; the assist- 
ant adjutant-general shall consolidate the returns made to him 
into a brigade return, record the same in his orderly-book, and 
transmit the same to the adjutant-general, and keep on file in his 
office a copy of the same. 

Sect. 10. The quartermaster shall consolidate the returns made Quartermaster's, 
to him into a regiment or battalion return, add thereto the public 
property in his keeping, record the same in his orderly-book, and 
transmit it, countersigned by the colonel, to the assistant quarter- 
master-general, who shall consolidate all returns made to him, add 
thereto all public property in his keeping, record the same in his 
orderly-book, and transmit it, countersigned by the brigade com- 
mander, to the quartermaster-general ; and keep on file the returns 
made to him. 

Sect. 11. The returns of troops, platoons, batteries, and com- Time of making 
panics shall be made to the adjutants and quartermasters on or 
before the first Tuesday of April in each year, and the returns of 
adjutants and quartermasters on or before the third Tuesday of 
April, annually ; and the assistant adjutant-general and assistant 



240 



Chapter 117. — Part 5. 



[1878. 



Adjutant- gen- 
eral to record 
and forward 
returns. 



To record return 
of assistant 
quartermaster- 
general. 



quartermaster-general shall forward their returns to the adjutant- 
general and quartermaster-general on or before the first daj of May 
next following the third Tuesday of April in each year ; and any 
officer neglecting to make return within the time required shall 
forfeit twenty dollars ; but such forfeiture may be remitted by the 
commander-in-chief, when, upon a report of the facts by the adju- 
tant-general, he deems the neglect excusable. 

Sect, 12. The adjutant-general shall, as soon as may Ije, exam- 
ine and record the brigade returns, and transmit the same to the 
commander-in-chief, and a duplicate thereof to the secretary of war 
of tlie United States. 

Sect. 13. He shall examine and record the return of the assist- 
ant quartermaster-general, add thereto all public property in his 
possession or issued to regimental quartermasters, or not otherwise 
accounted for, and record and transmit the same to the commander- 
in-chief. 



PART 5. 



UNIFORMS, ARMS, AND EQUIPMENTS, ORDNANCE AND GUN-HOUSES. 



Section 

1. Uniforms, arms, equipments, and horses, by 

whom furnished. 

2. Commissioned officers may adopt uniform 

with approval of adjutant-general. 

3. Present uniforms may be retained. 

4. Uniforms, arms, etc., to be issued, when. 

5. Ordnance stores. 



Section 

6. Rent of armories and gun-houses. 

7. Allowance for repairs and powder. 

8. Punishment for breaking and entering ar- 

mory, etc. 

9. For larceny of or trespass on state property. 
10. For selling or appropriating arms, etc. 



Uniforms, arms, Sect. 1. Tlic officcrs of tlic activc force or Ncw Hampshire Na- 
horse^by*whom tioiial Guard shall furnish their own uniforms, the state military 
furnished. buttou bciug fumished therefor by the state ; but the state shall 
furnish each officer, according to his rank, a belt and side-arms and 
shoulder-knots of the United-States regulation pattern. Non-com- 
missioned officers and privates in the cavalry shall furnish their 
own horses ; but the uniforms, arms, and equipments, including 
saddles and horse-equipments, of non-commissioned officers and 
privates shall be furnished by the state, through the quartermaster- 
general. 
Commissioned Sect. 2. A majority of all the commissioned officers of each 

onieers may . ii- i i i»Ti 

adopt uniform regiment, battaliou. Or separate troop, platoon, or battery oi light 
adj\itant'-g°en''. ° artiUciy, or unattached company, at a meeting called for that pur- 
*'''"'• pose, may adopt a uniform for their command. They shall make 

return of their doings in writing to the adjutant-general ; and, if 
approved l)y liim, such uniform shall become and remain the estab- 
lislied uniform of that command ; provided, hoivever, that the color 
shall be the same as worn in the corresponding branches of the 
United-States service. Members of any regiment, battalion, or un- 
attached company may add such sums as they see fit to the amount 
allowed by the state for the purchase of uniforms, l)ut the payment 
of sucli sums shall in no way affect the right and title of the state 
to such property. 



1878.] Chapter 117. — Part 5. 241 

Sect. 3. Existing companies liaving a different nniform from Present imi- 
that prescribed may retain and use the same, unless otherwise or- retained, 
dered by the commander-in-chief. 

Sect. 4. When a troop or company lias i)rovi(le(l a suitaljle ar- ^["'^'^™"j j*"""' 
mory, upon filing in the office of the adjutant-general satisfactory »ued, when, 
evidence thereof, with a copy of the roll of said troop or company, 
the commander-in-chief may issue his order for the delivery, to the 
commanding officer of the troop or company, the necessary arms, 
uniforms, and equipments ; and, upon receiving the same, said of- 
ficer shall receipt therefor to the adjutant-general, and file in his 
office his obligation to hold the same for the use of the troop or 
company, to keep them in good order, and to return or transfer 
them according to any legal order therefor. 

Sect. 5. When a suitable gun-house has been provided by a ordnance stores, 
platoon or battery of light artillery and approved l)y the command- 
er-in-chief, he may order the platoon or battery to be furnished with 
the necessary ordnance, equipments, and stores, a like recei})t and 
obligation for their safe keeping and return being filed in said office. 

Sect. 6. The necessary expense for the rent of an armory for Rent of armories 
each volunteer company of infantry, not exceeding one hundred ^"^ ^"' *"^*^'' 
dollars a year, and for an armory and gun-house of each troop of 
cavalry, platoon or battery of light artillery, not exceeding one 
hundred and fifty dollars a year, and for each battalion, regimental, 
or brigade headquarters, not exceeding one hundred dollars a year, 
shall be allowed by the governor, and paid, on his order, by the ad- 
jutant-general, to the commander of each brigade, regiment, bat- 
talion, troop, battery, platoon, or company. 

Sect. 7. Such further sum shall be so allowed and paid annually Allowance for 
to the commander of each platoon or Ijattery of light artillery as po'^vj".'''''* 
may be necessary for the repairs of ordnance and equipments, and 
powder, the expenditure being first authorized by the adjutant-gen- 
eral, and a detailed account thereof, verified by the oath of the 
commander of the platoon or battery, being filed in the office of the 
adjutant-general. 

Sect. 8. If any person shall, in the night-time, unlawfully Punishment for 
break and enter, or, in the day-time, break or enter, any armory, euteri'n|a^raio- 
gun-house, or arsenal, owned, rented, or controlled by the state of 'y-®'^*'- 
New Hampshire, or if he shall unlawfully lu'cak and enter any ar- 
mory, gun-house, or arsenal, and commit larceny, or trespass on 
any property therein, belonging to the state, he shall be fined not 
exceeding five hundred dollars, or imprisoned not exceeding fifteen 
years, either or both. 

Sect. 9. Any person who commits larceny, or takes and carries po, jarceny of 
away, or commits trespasses on, any property belonging to the °^^*^*^^p^^^°" 
state, or who willfully and maliciously injures or destroys any 
armory, gun-house, arsenal, or other property belonging to the 
state, wherever the same is situate or contained, shall forfeit to the 
state not less than twenty nor more than fifty dollars, to be recov- 
ered by action of debt, and shall also be liable to pay double dam- 
ages sustained thereby, or imprisoned not exceeding ten years, said 
forfeiture, damages, and penalty to be collected and enforced by the 
adjutant-general, and by him turned over to the state treasurer, to 
be credited to the account of the New Hampshire National Guard. 



242 



Chapter 117. — Part 6. 



[1878. 



For selling or 
appropriating 
arms, etc. 



Sect. 10. Any person selling, offering for sale, secreting, or 
otherwise unlawfully disposing of or appropriating any arms, equip- 
ments, or stores, furnished by the state for military use, or wear- 
ing or using any arms, uniforms, or equipments when not on duty, 
without consent of his commanding officer, shall be fined not ex- 
ceeding three hundred dollars, or be imprisoned not exceeding six 
months, or both, and, in addition thereto, shall pay three times the 
value of such arms, equipments, uniforms, or stores so unlawfully 
disposed of or appropriated, and three times the damage to such 
arms, uniforms, and equipments so worn or used. 



PART 6. 



PARADES AND ENCAMPMENTS. 



Section 

1. Annual company parade. 

2. Other company parades. 

3. Annual encampments. 

4. Commander-in-chief to issue order for. 
r>. Grounds for encampments. 

Ti. Assessment of damages for. 

7. Owner dissatisfied may petition supreme 

court. 

8. Troops to be drilled and exercised. 



Section 
9. Inspected and reviewed. 

10. Officers and men exempted from arrest. 

11. Authority of officer commanding encamp- 

ment. 

12. Target practice. 

13. United-States army regfulations and laws to 

govern militia. 

14. School of instruction for officers ; pay for at- 

tendance and fine for non-attendance. 



Annual company 
pai-ade. 



Other company 
parades. 



Annual encamp- 
ments. 



Commander-in- 
chief to issue 
order for. 



(Grounds for en- 
campments. 



Sect. 1. The commanding officer of every troop, platoon, bat- 
tery, or company shall, on the second Tuesday in May, annually, at 
one o'clock in the afternoon, parade his command, at which parade 
he shall inspect the arms and equipments of his men. 

Sect. 2. He shall also parade his troop, platoon, battery, or 
company one other half-day previous to the annual encampment, 
and may parade them at such other times as the company may au- 
thorize by a vote of two-thirds of the company present at any 
parade duly warned ; and, at all parades, he shall drill and instruct 
his company in military exercises and evolutions. 

Sect. 3. There shall be an annual encampment of the New 
Hampsliire National Guard, by brigade, regiments, battalions, or 
otherwise as the commander-in-chief may order, for at least four 
days, during the month of September, the order for which shall be 
delivered to the brigade commander, if the encampment is to be by 
brigade, thirty days, and to the regimental commander twenty 
days, before the time appointed therefor. 

Sect. 4. The commander-in-chief shall seasonably issue his 
orders for such encampment ; and, if no time or place is designated 
therefor l)y him, the time and place shall be determined by the com- 
mander of the troops to be encamped, regard being had to their 
convenience in travel to the place designated. 

Sect. 5. The officer commanding the troops to be encamped 
may contract for the use of the land required for the encampment, 
at a reasonable rent to be paid therefor ; and, if suitable ground 
can not be procured by agreement with the owner for such rent, the 



1878.] Chapter 117. — Part 6. 243 

commander-in-chief may order such suitable ground to be taken into 
the possession of the state and occupied for tlie encampment. 

Sect. 6. Upon petition of the owner of tlie land so occupied ^^ ^^^'""^^^f^^^'^ 
the county commissioners, they shall assess the damages occasioned 
by such occupation, and make return thereof to the adjutant-general ; 
and the amount so assessed, with costs, shall be paid from the state 
treasury. 

Sect. 7. If the owner is dissatisfied with the damages so 2'^°*"' •''»'\*l''- 

. . O fied, may peti- 

assessed, lie may apply by petition to the supreme court, at the tion supreme 
next trial term thereof in the county where the land lies, for an "^"""^ " 
assessment of his damages by a jury ; and like proceedings shall be 
had thereon, so far as the same are applical^le, as in the case of 
damages for land for a highway. 

Sect. 8. At said encampment, the troops shall be drilled and ^rpops to be 
exercised in camp and field duty according to the tactics in use in ercised. 
the military service of the United States, so as to render them, so 
far as may be practicable, familiar with the routine of such service, 
by troops, platoons, batteries, companies, battalions, regiments, and 
brigades. At regimental or battalion encampments, the brigade 
commander may review and inspect the same. 

Sect. 9. During the encampment, the troops shall be inspected Jg^P^^.^^*^ *"'^ 
and reviewed, the adjutant of each regiment inspecting his regi- 
ment, if no inspector of superior rank is present, and the com- 
mander of the encampment review^ing in the absence of his 
superior. 

Sect. 10. No officer, non-commissioned officer, musician, or pri- officers and men 
vate shall be arrested on any civil process while going to, returning arrest '^ '""^ 
from, or attending upon, any military duty, court-martial, or court 
of inquiry which it is his duty to attend. 

Sect. 11. The commanding officer of any encampment or parade Authority of 
may cause those under his command to perform any field or camp ing encamp- 
duty he shall require, and may put or cause to be put under arrest, °'^"*' 
during such encampment or parade, any member of his command 
who shall disobey a superior officer, or be guilty of disorderly or 
unmilitary conduct. He may arrest, and have authority to appoint 
assistants to arrest, any other person or persons who are disorderly, 
or who shall trespass on the parade or encampment ground, or in any 
way interrupt or molest the orderly discharge of duty by the mem- 
bers of his command ; and he may prohibit the sale of all spirit- 
uous or malt liquors, or cider, within one mile of such parade or 
encampment ground. 

Sect. 12. The commander-in-chief may order such target or Target practice. 
rifle practice, at the annual encampment or at other times, by com- 
panies, platoons, batteries, battalions, or regiments, as he deems for 
the best interest of the service. 

Sect. 13. The New Hampshire National Guard, or active force, U'.s- army regu- 
when in actual service, shall be subject to the laws and regulations to govern miiitra^ 
of the United States for governing the militia when in actual ser- 
vice ; and, upon a peace basis, it shall be governed by the same 
rules and regulations as to police, precedents, punishment, and 
camp and field duty, not repugnant to the laws of the state, as are 
prescribed in the army regulations for governing the army of the 
United States in time of peace. 



244 



Chapter 117. — Part T. 



[1878. 



School of in- Sect. 14. The commanding; officer of each brio-ade, rep:iment, 

struction for , ^ o " a " 

officers; pay for battalioH , squadroH, or battery shall require the commissioned offi- 
fine^or no*n""'^ ccrs of his command to meet for instruction and drill at such times 
attendance. gj^^j placcs as lie may designate, provided there shall be not less 
than two nor more than four such meetings in each year. Said 
officers shall be formed into a school of instruction, without regard 
to rank, and shall be instructed in such theoretical, tactical, and 
practical details of military duty and discipline as the said com- 
manding officer may deem proper. Each officer in attendance at 
such meeting shall be allowed the same compensation as said offi- 
cers of a like rank for one day's duty at the annual encampment. 
And any officer failing to appear at said meeting when notified 
shall be fined the same as for non-attendance at an encampment ; 
but the commanding officer may remit such fine, when, in his 
opinion, a sufficient and proper excuse is given within ten days 
after said meeting ; said fine shall be collected and paid to the 
state treasurer, as in other cases for collection of fines, and credited 
by him to the account of the New Hampshire National Guard. 



PART 7. 



WARNINGS AND EXCUSES. 



Warnings, by 
ivhom made.' 



Section 
9. Fine for neglect to make return. 

10. Excuse for non-appearance. 

11. To be made in writing to the clerk. 

12. Evidence of excuse not admissible until. 

13. Evidence of disability. 

14. Surgeon's certificate prima-fade evidence of 

disabilitj'. 

15. Forfeiture for receiving pay for such certifi- 

cate. 



How made. 



.Evidence that 
notice was given, 



Oath, by whom 
administered. 



Section 

1. Warnings, by whom made. 

2. How made. 

3. Evidence that notice was given. 

4. Oath, by whom administered. 

5. False return, perjury. 

6. Fine for neglect to warn. 

7. Band, how warned. 

8. Fine for neglect to warn members of band ; 

return on order of notice to be made through 
adjutant; fine for failure to report for duty. ■ 

Sect. 1. When a troop, platoon, batteiy, or company is to be 
paraded, the commander shall issue his orders to one or more of the 
sergeants, if any, not l)eing the orderly-sergeant, otherwise to one 
or more privates of his troop, platoon, l.iattery, or company, requir- 
ing them to warn the officers, musicians, and privates whose names 
are inserted in or annexed to the order to ni)pear at the time and 
place appointed for parade. 

Sect. 2. Such sergeant or private slut 11 warn every person whose 
name is so inserted, by delivering to him in person, or leaving at 
his abode, a written order, at least four days previous to the time 
of such parade. 

Sect. 3. The return under oath of the sergeant or private, upon 
the order directed to him, stating that such notice was given, or a 
copy of the record of such order and return in the company books, 
certified by the clerk, is evidence that due notice was given of such 
parade. 

Skct. -i. The captain or any commissioned officer shall be quali- 
fied l>y virtue of his commission to administer such oath upon any 
return ur military order. 



1878.] Chapter 117.— Part 7. 245 

Sect. 5. An}' sergeant or private convicted of willfully making False rotum, 

a false return shall be punished as in other cases of perjury. 

Sect. 6. If any sergeant or private shall neglect or refuse to f '"« ^'"' "^giect 
*^ . .~ . , I'll '" "■*'^'^- 

warn any officer, musicum, or private whom he is ordered to warn, 

he shall forfeit the sum of two dollars for each person not warned. 

Sect. 7. When a regimental l)and is wanted for (luty, the com- J^and, how 
manding officer of the regiment to which such hand belongs, may 
issue his warrant, or cause it to be issued through his adjutant, 
directed to the master, deputy-master, or any member of said band, 
warning them to appear for duty at a time and place named 
therein. 

Sect. 8. Any person rc(iuired to warn the meml)ers of anv 1 )and f'"* ^o"" "^8'«'^* 

•'i i ,,.,.. ".-.to warn ineni- 

shall be subject to the same duties and liabilities as are rcfiuiredbers of band; 

1 . T 1 I J £11 return on order 

and imposed upon any person ordered to warn any officer, non-com- of nouoetobe 
missioned officer, musician, or private. The return on such order ^j^,tj^*Jj''°"|,'^g 
shall be made throu2;h the adjutant of the rco-iment to the officer ^'o'' failure to 

"-, , , •, , . J • S' ■ Till T !■ report for duty. 

issuing it, and recorded by tbe adjutant iii ins orderly- book. It 
any member of such band, wbeii warned, fails to report for duty at 
the time and place named in the order, he shall be liable and sub- 
ject to the same law and regulations as are imposed upon officers, 
non-commissioned officers, musicians, and privates for non-appear- 
ance. 

Sect. 9. If any sergeant or private refuses or neglects to make Fine for neglect 
due return under oath of any order to him directed, agreeably to 
such order, he shall forfeit two dollars for each person whose name 
is inserted in or annexed to such orders and who does not appear 
at such parade, to be recovered by action of debt by the comman- 
der ; but the commander, for good cause shown within fifteen days, 
may excuse him. 

Sect. 10. If any non-commissioned officer, musician, or private Excuse for non- 
is confined to his house by sickness at the time of any training or '"*^'^'^*'"*"°®' 
encampment, or is absent from town at the time he is warned and 
remains absent till after such training or encampment, or has any 
other reasonable excuse, the commander may excuse him for non- 
appearance. 

Sect. 11. No excuse shall be received unless the same is made 'r<>.!'.^ "if'^tj" 

.. ^, ii-i- r 1 • writing to the 

in writing, and filed with the clerk within ten days after such train- cierk. 
ing or encampment, and recorded in the clerk's orderly-book, unless 
it is proved, that, by reason of continued sickness or absence, such 
officer or soldier was unable to make the same within that time, 
and that the same was made immediately on his return or recovery. 

Sect. 12. No evidence of any excuse shall be received in anv Evidence of ex- 

11 i'l'j-i iij_i- • Til " cuse not admis- 

legal process until it is sliovvn that notice was given of the same as sibie untn. 
herein provided. 

Sect. 13. No evidence of any disal)ilitv l»y reason of bodilv in-?,'''<}^nceof 

n • 1 1 • 1 • • 1 i • r> 1 * 1 • disabilitv. 

nrmity or debility, except in cases where tiie party is conniied to his 
house by sickness, shall be admitted in any case Init the certificate 
of the surgeon or assistant surgeon of the regiment or battalion, or, 
if there is no such surgeon or assistant surgeon located in the town 
or city where the party is confined on account of disability, an 
affidavit of a physician in good and regular standing, and practicing 
medicine under the laws of the state, regularly sworn to by any 
officer qualified to administer oaths, may be admitted. 



246 



Chapter 117. — Part 8. 



[1878. 



Surgeon's certifi- Sect. 14. The Certificate of the surgeon or assistant surgeon, 

evidence"of dis-* or the affidavit of a physician as provided in the preceding section, 

ability. ^-^^^ g^j^y. pQj-sQj^ jg unable to perform the duty required of soldiers 

in the active militia, by reason of bodily infirmity or disability 

therein described, recorded in the orderly-book, is prima-facie 

evidence of such disability ; and, if, in the opinion of the surgeon, 

assistant surgeon, or physician, the disability arises from causes of 

a permanent or continuing nature, the certificate or affidavit shall 

express the time such disability will probably continue. 

Forfeiture for Sect. 15. Any surgcou Or assistant surgeon who receives com- 

such certificate, pcusatiou for such Certificate Or for the examination made therefor, 

shall forfeit fifty dollars, to be recovered by action of debt, to the 

use of the prosecutor. 



PART 8. 



PAY AND COMPENSATION FOR MILITARY SERVICE. 



AcViutant-gen- 
eral to act as 
paymaster-gen- 
eral. 

Pay of militia. 



Section 

1. Adjutant-general to act as paymaster-general. 

2. Pay of militia. 

3. Salary of adjutant-general. 

4. Of commissary-general. 

5. Pay of judge-advocate, members of courts- 

martial, and witnesses. 

6. Of regimental band. 

7. Pay for attendance at company parade and 

inspection. 

8. Pay when in actual service. 
0. Allowance for horses. 

10. Transportation. 



Section 

11. Pay-rolls to be made after training or in- 

spection. 

12. Certified by whom. 

13. Vouchers for supplies and transportation. 

14. Pay-rolls to be made at every parade or en- 

campment. 

15. Of regimental baud. 

16. Company commandants to pay their com- 

panies ; fine for neglect to pay. 

17. Pay-rolls of field and staff. 

18. Of brigade officers. 

19. Postage and other incidental expenses. 



Of enlisted men. 

Line officers. 
Field officers 
below colonel. 
Regimental com- 
mandants. 
Regimental and 
non-commis- 
sioned staff. 

Brigade com- 
mandant. 
Brigade staff. 
Inspector-gen- 



Sect. 1. The adjutant-general shall act as paymaster-general, 
and shall have the general charge and supervision of all expenses 
and pay for the militia in the service of the state. 

Sect. 2. There shall be paid, for subsistence, attendance, and 
performance of duty, to such officers, non-commissioned officers, 
musicians, and privates as shall be specially ordered to attend 
encampments and parades, as is provided in this act, the following 
sum each per day, for every day actually on duty, the inspecting 
officer excepted : — 

To all non-commissioned officers, musicians, and privates, mem- 
bers of regimental bands excepted, one dollar. 

To all commissioned officers of the line, two dollars. 

To all field officers below the rank of colonel, three dollars. 

To all commanding officers of regiments, five dollars. 

To all regimental staff officers and the staff officers of a battalion, 
two dollars and fifty cents ; and to all non-commissioned staff 
officers, one dollar and twenty-five cents. 

To the brigadier-general or brigade commander, six dollars. 

To all brigade staff' officers, four dollars. 

The inspector-general shall receive for his services the sum of 
three dollars per day for the time actually and necessarily 
employed in making inspections, when ordered by the commander- 
in-chief, and all necessary expenses incurred ; provided, hoioever, 



1878.] Chapter 117. — Part 8. 247 

that such compensation for pay and expenses shall not exceed five 
hundred dollars per annum. 

Sect. 3. The adjutant-general shall receive, as compensation saiary^of^adju- 
for his services as adjutant-general, (luartermastcr-general, com- 
missary-general, and paymaster-general, an annual salary, to be 
fixed from time to time by the legislature. 

Sect. 4. Tiie commissary-general, being relieved from active Pf^co'nmiasary- 
duty, shall receive an annual salary of ten dollars, which sum shall 
not be taken into account for any services rendered by him at the 
request of the adjutant-general or for taking charge of any public 
property in his care. 

Sect. 5. The iudge-advocate, members of courts-martial, other Pay of judge- 
ofiicers necessarily employed in any court-martial, and witnesses bers of courts- 
shall be allowed the same fees for services as are provided in chap- '^JftneL'es"' 
ter [part] eleven of this act. 

Sect. 6. To each member of regimental bands, there shall be of regimental 
paid, as compensation for services and subsistence, when ordered 
out by the regimental commander to do duty for the regiment, the 
sum of two dollars per day. 

Sect. 7. All officers, non-commissioned officers, musicians, and Pay for atten.i- 
privates shall he paid, each, one dollar per day for attendance andny parade ana 
performance of duty as required in sections one and two, chapter '"*p'"'*'°"" 
[part] seven of this act, and fifty cents when specially ordered out 
for inspection by order from the commander-in-chief ; but no com- 
pensation shall be allowed for any other company training. 

Sect. 8. The New Hampshire National Guard, or active foi'ce, P^yj;;;;i'«Jj4ice. 
when in the actual service of the state in time of war, insurrection, 
invasion, riot, or imminent danger thereof, shall, during their time 
of services, be entitled to the same pay, rations, and allowances for 
clothing as are, or may hereafter be, established by law for the 
army of the United States. 

Sect. 9. There shall be allowed, for each horse actually em- Allowance for 
ployed by officers required to be mounted, three dollars per day, for ""^ 
horses used in the cavalry, for non-commissioned officers and order- 
lies when required, two dollars per day, and, for each draft horse 
employed in batteries of light artillery, not exceeding sixteen to 
each platoon, the sum of two dollars per day, which shall be in full 
for use, keeping, and forage. 

Sect. 10. Transportation shall be furnished by the state, through Transportation. 
the quartermaster-general, to and from the place of any encamp- 
ment or parade, when troops are ordered out by the commander-in- 
chief. 

Sect. 11. The commanding officer of each troop, platoon, bat- Pay-roiis to be 
tery, or company shall present to the paymaster of his regiment, Saining ol- 
and, when there is no paymaster to a regiment or battalion, to the ''''p**^*'''"- 
quartermaster, as soon as may be after a company training or in- 
spection, a pay-roll of his command, certified by the clerk, showing 
the number of officers, non-commissioned officers, musicians, and 
privates that appeared at that training or inspection ; and the pay- 
master or quartermaster, as the case may be, shall pay to the com- 
manding officer the amount of the pay-roll, and take therefor his 
receipt, indorsed on the pay-roll. 

Sect. 12. Pay-rolls for privates, non-commissioned and commis- certified by 
sioned officers shall be certified by the orderly-sergeants and com- 



248 



Chapter 117. — Fart 8. 



[1878. 



Vouchers for 
supplies and 
transportation. 



Pay-rolls to be 
made at every 
parade or en- 
campment. 



Of regimental 
band. 



Company com- 
mandants to pay 
their companies ; 
fine for neglect 
to pay. 



Pay-rolls of field 
and staff. 



Of brigade oflS- 
cers. 



Postage and 
other incidental 
expenses. 



mandiiig officers of their respective troops, platoons, batteries, and 
companies, and approved by the colonel of the regiment to which 
they are attached ; pay-rolls for general, field, and staff officers, 
shall be certified by the general or colonel commanding the parade 
or encampment. 

Sect. 13. Accounts for supplies and transportation for a regi- 
ment in camp shall be certified by the colonel commanding before 
they are paid by the regimental paymaster. 

Sect. 14. At every parade or encampment, when regularly 
ordered, such commanding officer shall furnish to the paymaster, 
or, if no paymaster, to the quartermaster, a pay-roll of his troop, 
platoon, battery, or company, certified by the commanding officer 
of the regiment or battalion, showing the number in such troop, 
platoon, battery, or company that appeared and did duty at the 
parade or encampment, and number of days' service performed by 
each officer, non-commissioned officer, musician, and private ; and 
the paymaster or quartermaster shall pay the captain or command- 
ing officer of such organization the amount of the pay-roll. 

Sect. 15. The master, or, in his absence, the deputy-master, shall 
make and furnish the paymaster, or quartermaster when acting as 
paymaster, a like pay-roll of his regimental band when under pay, 
to be certified by the commanding officer of the regiment or bat- 
talion ; and the paymaster or acting paymaster shall pay to the 
master or deputy-master the amount of the pay-roll. 

Sect. 16. Commanding officers shall pay to each officer, non- 
commissioned officer, musician, and private of his troop, platoon, 
battery, or company (and the master or deputy-master the amount 
due each member of his band) the amount due them for attend- 
ance, and shall take their receipts therefor, and file them with the 
clerk of the troop, pliitoon, battery, or company, the master or 
deputy-master filing their receipts with the adjutant of the regi- 
ment. Every officer or master or deputy-master who neglects or 
refuses to pay money so received by him to the person entitled 
tliereto, for the space of ten days after demand made therefor, 
shall be fined one hundred dollars, for the use of the New Hampshire 
National Guard. 

Sect. 17. Pay-rolls for tlie field and staff officers of a regiment 
or battalion, and the non-commissioned staff officers, shall be made 
and furnished the paymaster or acting paymaster by the adjutant, 
and certified by the colonel or officer commanding the regiment or 
battalion. 

Sect. 18. Pay-rolls for brigade officers shall be made and for- 
warded by the assistant adjutant-general, countersigned by the 
brigade commander, to tlie paymaster-general, who shall pay the 
amount due to each of the brigade officers and non-commissioned 
officers, taking their receipt therefor. 

Sect. 19. Postage, and all other reasonable expenses, necessarily 
incurred in tlie transmission of orders and returns or in transport- 
ing public property, shall be paid by the adjutant-general, upon 
satisfactory evidence of such expenditure. 



1878.] 



Chapter 117. — Part 9. 



249 



PART 9. 



non-appp:arance, deficiencies, and fines. 



Section 

1. Fine for non-appearance or absence without 

leave. 

2. For appearance without uniform, etc. 

3. For appearing with ftre-arm loatled witli shot. 

4. For refusal to obey orders. 

5. Clerk to record all fines. 

6. Fines levied by warrant of commander directed 

to clerk, or by complaint. 

7. Form of warrant. 
S. When issued. 



Section 
9. Clerk's powers, fees, and responsibility. 

10. Persons arrested may be discharged, when. 

11. Plaintiff's costs limited in action for damages. 

12. Fines to be paid to state treasurer. 

13. Fines of wards and minors. 

14. Issue and service of summons upon complaint. 

15. Judgment, appeal, and execution. 

IG. Fines exceeding $13.33 to be recovered by 

complaint in supreme court ; indictments. 
17. Dishonorable discharge. 



non- 
rance or 



Sect. 1. Any officer, non-commissioned officer, musician, oi-pinefor; 
private who neglects, after due notice, to appear at any training, ^pp«^j*";^..^j^^^^ 
inspection, or review, or who is at any time absent from his guard, leave, 
troop, platoon, battery, or company without leave from the com- 
manding officer, before such guard, troop, platoon, battery, or com- 
pany is dismissed, shall be fined three dollars. 

Sect. 2. Any non-commissioned officer or private who, after For appearance 

I ,. , J.'- • x- • •l^ .without uni- 

due notice, appears at any training, inspection, or review without form, etc. 
the uniform, arms, and equipments of his troop, platoon, battery, 
or company, shall be fined five dollars if the oft'ense is committed 
at any encampment, and three dollars if at a company training. 

Sect. 3. Any non-commissioned officer or private who comes For appearing 
on parade at any training, inspection, encaini»ment, or review, with J^a'Jef ^j^hThot. 
his pistol, musket, or rifle loaded with powder and ball, slugs, or 
shot, shall be fined not less than twenty and not more than fifty 
dollars or imprisoned not less than one and not more than twelve 
months, for sucji offense. 

Sect. 4. Any officer, musician, or private, who, after due notice, For refusal to 
neglects to obey any legal order to turn out and march for the ^''^^^ °'^'^'''"' 
suppression of a riot, or in case of an invasion or threatened in- 
vasion, or to enforce the execution of the laws of the state or of 
the United States, or, when out, refuses to obey the command of 
his superior officers, shall be fined not less than one hundred and 
not more than five hundred dollars or imprisoned not less than one 
nor more than two years. 

Sect. 5. The clerk of each troop, platoon, battery, or company cierk to record 
shall make in his orderly-book a record of all persons who have in- ^ 
curred a fine at each training or encampment, specifying their 
offenses, which shall be signed by the commander and clerk ; and 
the same or a certified copy thereof is evidence of such offense, but 
other evidence relating thereto may be received. 

Sect. 6. Fines for non-appearance, for deficiency of equipment, Fines levied by 
and for disorderly conduct, when the amount does not exceed thir- mander dLec^d 
teen dollars and thirty-three cents, may be levied by distress, by *°^'®[j|^j^j "^ ^^' 
warrant under the hand and seal of the commander of the troop, 
platoon, battery, or company, directed to the clerk ; or a complaint 
may be filed by the clerk before a justice, at the choice of the com- 
mander. 

14 



250 



Chapter 117. — Part 9. 



[1878. 



Form of war- 
rant. 



When issued. 



Clerk's powers, 
lees and respon- 
sibility. 



Persons arrested 
may be dis- 
charged, when. 



Plaintiff's costs 
limited in action 
for damages. 



Fines to be paid 
to state treas- 
urer. 



Fines of wards 
and minors. 



Sect. 7. The warrant may be in substance as follows : — 

THE STATE OF NEW HAMPSHIRE. 

[l. s.] To the clerk of , in the regiment of Nev Hamp- 
shire National Guard, in said state : — 

Whereas, , of , in the county of , a liable 

to do military duty in said , being duly warned to appear on 

parade near , in , on the day of , 18 , at of the 

clock in the noon, armed and equipped for inspection or mili- 
tary exercise, and there to await further orders, being the time and 
place of mustering said military organization, did unnecessarily 
neglect [here insert the offense] , whereby he has incurred a fine of 
dollars, for which is by law liable. 
You are, therefore, in the name of the state of New Hampshire, 
required, by distress and sale of the goods and chattels of the said 
, to levy and collect said fine, with forty cents more for this 
precept and your own fees, and, for want of such goods and chat- 
tels, to take his body and commit him to jail in said county ; and 
the keeper of said jail is required to receive and detain him in jail 
until he pay said fine and all lawful fees or is otherwise discharged 
by due course of law ; and you are also required to make return 
hereof, with your doings, to the commanding officer of said , 
within forty days. 

Dated at , this day of , 18 . 

Commanding , 

N. H. N. G. 

Sect. 8. No warrant shall be issued within fifteen days after 
such fine is incurred, nor after sixty days. 

Sect. 9. The clerk shall have the same power, be subject to the 
same liabilities, proceed in the same manner, and be entitled to the 
same fees upon such warrant as a sheriff in levying executions ; but 
such clerk shall be answeral)le only for his own conduct, and this 
warrant shall be a sufficient justification, notwithstanding any irreg- 
ularity in the proceedings of others. 

Sect. 10. Any person arrested upon such warrant or upon exe- 
cution for any fine except for offenses named in sections three and 
four of this chapter [part] may give bond and take the oath pre- 
scribed by law for poor debtors, and be discharged in the same 
manner as if arrested upon execution for debt. 

Sect. 11. The plaintiff, in any action against such commander 
or clerk for anything done under such warrant, shall recover no 
more cost than damages, unless it is shown to the court that the 
proceedings were willful and malicious, or the cost was caused by 
continuances granted at tlie defendant's request or by an appeal 
claimed by him. 

Sect. 12. All fines collected under the provisions of this chapter 
[part] shall be paid to the adjutant-general, and by him paid to 
the treasurer of the state, and credited to the account of the New 
Hampshire National Guard. 

Sect. 1-3. Parents, masters, and guardians shall be liable for 
fines and penalties incurred by persons under their care, and may 
be proceeded against in the manner ])rovided by this chapter [part], 
or such minors may be proceeded against as if they were of full age. 



1878.] Chapter 117. — Part 10. 251 

Sect. 14. Upon complaint filed l>y the clerk for any fine, a sum- vtc-ro! summons 
mons shall be issued and served as other writs of summons, and "po" complaint. 
such complaint and summons may, at any time, be amended by 
leave of the court, with costs. If the jiarty summoned shall neg- 
lect to appear, judgment shall be rendered against him l)y default. 

Sect. 15. The judgment against the resi>ondent, in the com- J^^?^«°*^'^ap-^ 
plaint, shall be for the fine and costs ; from which judgment of thetion! 
justice he may appeal as in civil cases, upon recognizing, with suffi- 
cient sureties, to enter and prosecute his appeal, and to pay such 
fine and costs as may be adjudged against him ; otherwise execution 
shall issue against him. 

Sect. 16. When the amount of fines claimed exceeds thirteen g°«|3\'^'=^^;^'5 
dollars and thirty-three cents, the clerk may file his complaint i n covered by com- 

pi • ^ • ^ •l^ j^i !• .plaint in su- 

the supreme court for the county in which either the complainant preme court; 
or respondent resides, and service shall be made and other proceed- "'*^"'""^"**' 
ings had thereon, as in other civil proceedings. Where no other 
mode is prescribed, fines for military offenses and delinquencies 
shall be collected on indictment. 

Sect. 17. If any officer, non-commissioned officer, musician, or ^.'^^^'J^^'jo^*'^'*' 
private shall be guilty of disorderly conduct or conduct unbecoming 
an officer and soldier, or shall be intoxicated when on duty, or in 
camp, or at any training, parade, review, or inspection, when duly 
and regularly warned, or at any time when any company, platoon, 
battery, troop, battalion, or regiment, by vote or otherwise, volun- 
teers to parade, or at any other time when any officer, non-commis- 
sioned officer, musician, or private is wearing a state uniform, such 
person, upon being convicted by a court-martial or court of inquiry, 
which may be convened as is provided in chapter [part] eleven of this 
act, shall be dishonorably discharged from the military service of the 
state. When any officer, non-commissioned officer, musician, or 
private, is dishonorably discharged, upon the order or recommen- 
dation of such court, for any off'eiise named in this chapter [part] , 
an order shall be issued by the commanding officer of the regiment, 
battalion, troop, battery, platoon, or company to which such person 
belonged, setting forth the cause of complaint, the order or sen- 
tence of the court, and that such person is dishonorably discharged 
from the military service of the state. The order shall be promul- 
gated to every troop, platoon, and battery, and to every company in 
the regiment or battalion to which such person belonged, at the 
first regularly called meeting after the commanding officer thereof 
receives the same ; and the orderly shall make a correct copy of 
such order in the orderly-book. 



PART 10. 

courts -MARTIAL AND COURTS OF INQUIRY. 



Section 

1. Arrest and trial of officers. 

2. Report of arrest, etc. 

3. Order for, and composition of, courts-martial. 

4. Defendant officer to be served with order and 

charges. 



Section 

5. Oath of court and judge-advocate. 

6. Challenges to the court. 

7. Order of voting by court ; two-thirds neces- 

sary to convict. 

8. Sentences by court. 



252 



Chapter 117. — Part 10. 



[1878. 



Section 
9. Disturbing court, how punished. 

10. Charges must be preferred within the year. 

11. Non-appearance or standing mute equivalent to 

pleading not guilty. 

12. Oath to witnesses. 

13. Witnesses how summoned ; punishment for 

non-attendance ; fees. 

14. Judge-advocate to attend all courts ; special 

judge-advocate. 

15. To keep and transmit minutes of proceedings 

and evidence. 

16. Statement of parties, etc., to be in writing. 

17. Original records of courts-martial to be de- 

posited. 



Section 

18. Fees of president, members, etc. 

19. Fee-roll. 

20. Courts of inquiry. 

21. Oath of. 

22. Of judge-advocate. 

23. Parties interested may introduce witnesses. 

24. Court of inquiry not to give opinion upon the 

merits. 

25. Regimental court-martial. 

26. Officer wronged may have redress. 

27. Capital punishment not to be inflicted by 

court-martial in time of peace. 



Arrest and trial 
of officers. 



Report of arrest, 
etc. 



Order for, and 
composition of, 
courts-martial. 



Defendant offi- 
cer to be served 
with order and 
charges. 



Oath of court 
and judge-advo- 
cate. 



Sect. 1. Any officer who neglects to perform the duties of his 
office, or to obey the rightful orders of his superiors, or who is guilty 
of unofficer-like or un gentleman-like conduct, may be put under 
arrest by his superior officer, and tried by a court-martial ; and any 
officer so under arrest who exercises any command shall, on con- 
viction by a court-martial, be cashiered. 

Sect. 2. Every arrest and all charges and specifications relat- 
ing thereto shall be reported without delay, by the officer ordering 
the same, to the adjutant-general, to be laid before the commander- 
in-chief, who, on examination of the report, may discharge the 
officer from arrest, if, in his opinion, the case does not call for a 
court-martial, or may order a court-martial for his trial. 

Sect. 8. Courts-martial may be ordered, as occasion may re- 
quire, by the commander-in-chief, who, in such order, shall desig- 
nate the time and place of holding such court, and the names of 
the officers composing it, to consist of not less than three nor more 
than six in number. The senior officer named shall preside, and 
shall be of superior rank to the officer on trial. 

Sect. 4. The officer to be tried shall be served, at least fourteen 
days before the session of said court, with a copy of the order for 
the same for his appearance thereat, and a copy of the charges and 
specifications on which he is to be tried, attested by the adjutant- 
general, and served and returned to the judge-advocate by any per- 
son or officer designated by the adjutant-general. The charges 
shall specify the act or neglect constituting the alleged offense, and 
shall be signed by the person making them, and addressed -to the 
commander-in-chief. 

Sect. 5. Before proceeding to any trial, the judge-advocate shall 
administer to the president and each of the members, separately, 
the following oath : " You swear that, without partiality, favor, 
affection, prejudice, or hope of reward, you will well and truly try 
the cause now before you, between the state and the person to be 
tried, and that you will not divulge the sentence of the court until 
it is approved or disapproved, and that you will not, on any ac- 
count, at any time whatever, discover the vote or opinion of any 
member, unless required to give evidence thereof as a witness by a 
court of justice in a due course of law. So help you God.^^ And 
the president shall administer to the judge-advocate the following 
oath : " You swear that you will faithfully and impartially discharge 
your duties as judge-advocate on this occasion, as well to the state 
as to the accused, and that you will not, on any account, at any 



1878.] Chaptru 117. — Part 10. 253 

time whatever, divulge the vote or oi)iinon of any member of this 
court>martial, unless required to give evidence thereof as a witness 
by a court of justice in a due course of law. So help you God." 

Sect. 6. After the president, members, and judge-advocate ai'e [j|'j'|,'^"fj';'' *'° 
sworn, any member may l)e challenged, either on the part of the 
government or the accused, the cause of challenging being stated in 
writing ; and the validity thereof shall be determined by the court, 
the members objected to not voting. One member only can be 
challenged at once. 

Sect. 7. On all questions, the opinion of the youngest member {^^"^^fj^^^ .''^^'"_^ 
in commission shall be taken first, and so on, regularly, to the ti^irda necessary 
oldest ; and, unless two-thirds of the meml)ers agree that the ac- '^ 
cused is guilty, he is acquitted. 

Sect. 8. Courts-martial may sentence an officer convicted by ^^"Jj"*=®^ ''>" 
them to be cashiered, or reprimanded in orders, or may impose a 
fine not less than ten nor more than one hundred dollars, which 
may be recovered by the adjutant-general, in an action of debt, in 
the name of the state. If any officer is sentenced to be cashiered, 
the court shall adjudge him incapable of holding any military office 
for life or a term of years, according to the aggravation of the 
offense. 

Sect. 9. Courts-martial and courts of inquiry are authorized to ^J^*^""^'^"^ 
preserve order during their sessions; and, if any person in their punished, 
presence behaves in a disorderly manner, or makes any tumult in 
or disturbs the court, and does not, upon command of the marshal, 
desist therefrom, the court may confine him for a time not exceed- 
ing eight hours. 

Sect. 10. No officer shall be tried before a court-martial for any ch^^gM mus^t be 
offense committed more than one year before the complaint in writ- tue year, 
ing is made therefor, unless, by reason of absence or other manifest 
impediment, he shall not have been amenable to justice within that 
period. 

Sect. 11. If any officer for the trial of whom a court-martial is ^^^VauTn^"'' 
appointed does not appear, or withdraws in contempt of court, or, mute, equh-aient 
being arraigned, from obstinacy or deliberate design stands mute giuity.' 
or answers foreign from the purpose, the court shall proceed to 
trial as if he had pleaded not guilty. 

Sect. 12. The judge-advocate shall administer the following J^g*^'^^^**"^"- 
oath or affirmation to witnesses required to give evidence before a 
court-martial or court of inquiry: "You swear [or affirm], that 
the evidence you shall give, in relation to the charge now in hear- 
ing, shall be the truth, the whole truth, and nothing but the truth. 
So help you God;" [or, '■'■This you do binder the paius and penal- 
ties of perjury. "~\ 

Sect. 13. The judge-advocate shall cause the witnesses for the^j^^^^^^^^g^j.'^T 
prosecution to be summoned by any person by him directed, by punishment for 
subpcena signed by him. The accused shall be entitled to likefe^.* **" ^°'^®' 
process for witnesses in his defense, and depositions may be used as 
in civil courts. Any witness duly summoned who shall refuse to 
appear and testify may be, by warrant, signed by the president of 
the court, and directed to the sheriff of the county, his deputy, or 
either constable of the town in which such witness resides, com- 
mitted to the jail in such county, there to be held at his own ex- 
pense, until he shall be discharged by due course of law. The fees 



254 



Chapter 117. — Part 10. 



[1878. 



Judge-advocate 
to attend all 
courts ; special 
judge-advocate. 



To keep and ' 
transmit min- 
utes of proceed- 
ings and evi- 
dence. 



Statement of 
parties, etc., to 
be in writing. 



Original records 
of courts-mar- 
tial to be depos- 
ited. 



Fees of presi- 
dent, members, 
etc. 



Fee-roll. 



Courts of in- 
quiry. 



of all witnesses summoned on the part of the state, and of the 
judge-advocate for summoning them, shall be the same as are 
allowed in civil causes, to be taxed by the president of the court, 
and paid by the state to the judge-advocate, who shall pay the fees 
of witnesses, when received by him, to the persons to whom they 
are due ; and, if the sentence of the court be against the accused, 
and be duly approved, said fees shall, by warrant under the hand 
of the president of the court, directed in manner aforesaid, be col- 
lected of the delinquent and paid to the state. 

Sect. 14. The judge-advocate shall attend all courts-martial 
ordered in his brigade ; and, if he is unable to attend or any legal 
impediment exists to his acting, the commander-in-chief may 
appoint a special judge-advocate for such court. 

Sect. 15. The judge-advocate shall keep accurate minutes of the 
proceedings of the court and of the evidence, shall impartially state 
the evidence for and against the accused, and shall transmit his 
minutes, signed by the president and himself, with the papers used 
at the trial or certified copies, to the commander-in-chief, under 
seal. 

Sect. 16. The statement of the complainant and the defense of 
the accused, motions to the court, objections to evidence, and 
opinions of the judge-advocate, on questions of law, shall be in 
writing, and entered on the minutes or annexed thereto. 

Sect. 17. The original records of all courts-martial shall be 
deposited and kept in the adjutant-generars office, and the accused 
shall be entitled to a copy thereof, upon paying therefor the fees 
allowed to the secretary of state for copies. 

Sect. 18. The fees in courts-martial and courts of inquiry shall 
be as follows : To the president, members, marshal, and judge- 
advocate, each three dollars per day, and six cents per mile for 
travel to and from court ; to the judge-advocate, for drawing the 
necessary papers, and for copies and recording, twelve and a half 
cents for each page of two hundred and twenty-four words ; to the 
marshal, for notifying members and the accused of the time and 
place of trial, six cents per mile for actual and necessary travel out 
and in, and twenty-five cents for each notification, and for summon- 
ing witnesses, twenty-five cents each ; to the marshal or sheriff, for 
committing any person, the same fees as are allowed for like ser- 
vice on civil process ; and to witnesses, the same fees as are allowed 
witnesses in the supreme court. 

Sect. 19. A roll shall be made by the judge-advocate of all fees, 
charges, and expenses, specifying the services and to whom due ; 
and the president and judge-advocate shall certify that the fees 
and charges are legal, the contingent expenses necessary, and the 
charges reasonable ; and, the same being transmitted with the 
record to the governor, he shall draw his warrant therefor in favor 
of the president of the court. 

Sect. 20. Courts of inquiry, to consist of three officers and a 
judge-advocate, to be designated by the commander-in-chief, may 
be ordered by him to examine into any military transaction or any 
accusation or imputation against any officer, or for the purpose of 
settling a military question, or for establishing good order and 
discipline. 



1878.] 



Chapter 117. — Part 11. 



255 



Sect. 21. The judge-advocate shall administer to the officers oath of. 
composing the court the following oath or affirmation : " You 
swear [or affirm] that you will well and truly examine and inquire 
into the matter now before you, without partiality, favor, or 
prejudice, affection, or hope of reward. So help you God ; " [or, 
" This you do under the pains and penalties of perjury .''"'^ 

Sect. 22. Tlie president shall then administer to the judge- ^JJ»''ee-advo- 
advocate the following oath : " You swear [or affirm] that you 
will impartially record the proceedings of the court and the 
evidence to be given in the case in hearing. So help you God ; " 
[or, " This yon do under the pains and penalties of perjury y\ 

Sect. 23. Parties personally interested shall be notified, P^r- I'art^egjnter- 
mitted to cross-examine witnesses, and introduce evidence so as duoe witnesses. 
fairly to investigate the circumstances in question. 

Sect. 24. Such court shall not give their opinion ui)on the mer- court of inquiry 
its of the case unless specially required, but their proceedings shall ion upfnthe^"^' 
be signed by the president and judge-advocate, and transmitted to "'"'''"• 
the commander-in-chief. 

Sect. 25. Any inferior officer or 
wronged by the commanding officer of his troop, platoon, battery, 
or company, may complain to the regimental or battalion com- 
mander, who shall convene a regimental court-martial to try the 
cause ; and, from the decision of such court, either party may ap- 
peal to a general court-martial, and, if the appeal is vexatious, the 
party appealing may be punished at the discretion of the court. 

Sect. 26. Any officer who is wrono-ed by the commander of hisO*'^^,'''''"0'^se(i 

J o J may have re- 

regiment or battalion, and who, on application, is refused redress, dress. 
may complain to the commander-in-chief or commander of the 
forces in service, and he shall, by court of inquiry, court-martial, or 
otherwise, in his discretion, examine the case, and cause justice to 
be done. 

Sect. 27. No person shall suffer death, by sentence of court- ^apita^^punish- 
martial, for any offense committed in time of peace. inflicted by 

•^ court-martial in 

time of peace. 



soldier deemiuR- himself fjs^^^^^^^^J^j^ 



PART 11. 



general and miscellaneous. 



Section 

1. Regulations for government of militia ; an- 

nual expense limited. 

2. Commission for examination of officers. 



Section 

3. Company by-laws. 

4. Repealing clause ; this act takes effect, when. 



Sect. 1. The commander-in-chief is hereby authorized to estab-J^«^j,'^^°°^^°'' 
lish and prescribe such rules, reo-ulations, forms, and precedents asmiiitia; annual 

, ^-, c.i jT'j_j_' _c expense limited. 

he may deem proper for the use, government, and instruction oi 
the New Hampshire National Guard, and to carry into full effect 
the provisions of this act. The governor is hereby authorized to 
draw his warrant, from time to time, for a sum not to exceed twen- 
ty-five thousand dollars annually for the expense thereof. 

Sect. 2. The commander-in-chief is hereby authorized, as often CMwms^sion for 
as he may deem that the good of the service requires, to appoint a officers. 



256 



Chapter 117. — Part 11. 



[1878. 



military board or commission, to consist of three competent per- 
sons ; and it shall be the duty of the said board to examine in 
military tactics, physical ability, moral character, capacity, attain- 
ments, general fitness for the service, and efficiency, such commis- 
sioned officers as the commander-in-chief may order to be thus 
examined. And the commanders of brigades, regiments, or bat- 
talions may report to the commander-in-chief, through the adjutant- 
general, any of their subordinate officers for such examination. If 
the decision of said board be unfavorable to such officers and be ap- 
proved by the commander-in-chief, he shall thereupon suspend such 
officers from command for the term of six montlis ; and, upon the 
expiration of said six months, all such officers so suspended may 
present themselves for re-examination. The members of said board 
shall, before entering upon the duties of their position, be sworn to 
an honest and impartial performance of those duties ; provided, al- 
tvai/s, that no officer whose rank or promotion would in any way be 
affected by the decision of said board in any case that may come 
before it shall participate in the examination or decision of the 
board in such case, and that at least two of its members shall be of 
equal rank with the officer to be examined ; and no officer shall be 
examined on irrelevant subjects or in reference to military matters 
relating to a grade higher than that for which he is commissioned. 
The officers constituting such board shall receive the same pay and 
allowance for traveling expenses as members of courts-martial. 

Sect. 3. Any troop, platoon, battery, or company may make 
and adopt such by-laws as they see fit, subject to the approval of 
the judge-advocate of the brigade. 

Sect. 4. All acts and parts of acts the suljjects of which are 
takes^'ffect! ^* rcviscd aud re-enacted in this act shall be repealed on and after the 
first day of April, A. D. 1879 ; and this act shall take effect on 
and after that date, with the exceptions and limitations herein after 
expressed. All persons who are enlisted in the New Hampshire 
Volunteer Militia at the time when the said repeal shall take effect 
shall be held for the remainder of the term for which they are en- 
listed ; and all persons who, at the time when the said repeal shall 
take effect, shall liold any office under any of the acts hereby re- 
pealed, shall continue to hold the same, according to the tenure 
thereof, except those offices which have been abolished and those 
as to which a different provision shall have been made hy this act. 

[Approved August 9, 1878.] 



Company by- 
laws. 



Repealing 



when. 



PRIVATE ACTS. 



CHAPTER 118 



AN ACT TO INCORPORATE THE CONCORD HORSE-RAILROAD. 



Section 

1. Corporation constituted. 

2. Laying out ; how and by whom made. 

3. Tolls ; rights and privileges. 

4. Motive-power and rate of speed. 

5. Corporation liable for what damages. 

6. Penalty for obstructing it in the use of its 

road. 

7. Capital stock. 



Section 

8. Officers ; their duty and compensation. 

9. Real estate. 

10. Grade, by whom determined. 

11. Power of city over streets not restricted. 

12. By-laws ; annual meetings. 

13. First meeting. 

14. Subject to repeal ; takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 



Sect. 1. That Moses Humphrey, Joseph B. Walker, John H. corporation con- 
George, John Kimball, Daniel Holden, Samuel C. Eastman, Oscar ^*'''"**''' 
V. Pitman, and T. P. Ford, their associates, successors, and assigns 
are hereby made a body corporate and politic by the name of the 
Concord Horse-railroad, with power to construct, maintain, and use 
a railroad, with convenient single or double track, from any point 
on Main street, in Concord, over, along, and upon such of the streets 
in said Concord as may be necessary for the public accommodation, 
to West Concord, with branches and side tracks to other parts of 
the city, with the right to extend to Fisherville. 

Sect. 2. Said railroad shall be laid out l)y the mayor and alder- Laving out; how 
men of said Concord, in the like manner as highways are laid out, ^^de.^ ''^*"" 
and said mayor and aldermen shall give notice to all the land- 
owners abutting on the streets or highways through which such 
proposed railroad shall pass, of the time and place of hearing in 
reference to such laying out, by publication in such of the news- 
papers printed in said Concord as they shall direct, fifteen days at 
least before said hearing, and they sliall determine the distance at 
which the tracks shall be laid from the sidewalks. 

Sect. 3. Said corporation shall have the power to fix, from time xoiis; rights 
to time, such rates of compensation for transporting persons and*'^'^P"'"®ses. 
property on said railroad as they deem reasonable, and shall be 
subject to the duties and liabilities, and possess all the rights and 
privileges, by law incident to railroad corporations, so far as the 
same shall be applicable. 
15 



•258 



Chapter 118. 



[1878. 



Motive-power 
and rate of 
speed. 



Corporation li- 
able for what 
damages. 



Penalty for ob- 
structing it in 
the use of its 
road. 



Capital stock. 



Officers ; their 
duty and com- 
pensation. 



Real estate. 



Grade, by whom 
determined. 



Power of city 
over streets not 
restricted. 



By-laws ; an- 
nual meetings. 



First meeting. 



Suliject to re- 
peal ; takes 
ettect, when. 



Sect. 4. Said railroad may be operated by such horse or other 
motive power as may be authorized by the mayor and aldermen, 
who shall have the power to make all such regulations as to the 
rate of speed and the mode of use of said railroad as the public 
safety and convenience may require. 

Sect. 5. Said corporation shall keep in repair such portion of 
the streets or highways as are occupied by their tracks, and shall 
be liable to pay for any loss or damage arising by reason of the- 
negligence, carelessness or misconduct of their agents or servants ; 
and in case any recovery is had against said Concord for defect or 
want of repair in or use of said railroad, said corporation shall be 
liable to pay the same, together with all reasonable costs and ex- 
penses. 

Sect. 6. Any person willfully or maliciously obstructing said 
corporation in the use of said railroad, or the passage of any car- 
riages thereon, or who shall aid, abet, or counsel the same, shall be 
punished by fine not exceeding five hundred dollars, or by imprison- 
ment not exceeding six months ; and if said corporation, or its 
agents or servants, shall willfully or maliciously obstruct any high- 
way, they shall be punished by fine not exceeding five hundred 
dollars. 

Sect. 7. The capital stock of said corporation shall consist of 
twelve thousand dollars divided into shares of one hundred dol- 
lars each, and the same may be increased by a vote of the stock- 
holders to a sum not exceeding fifty thousand dollars. 

Sect. 8. The management of the affairs of the corporation shall 
be vested in a board of directors, not exceeding seven, to be chosen 
by the stockholders at the annual meetings, and who shall hold 
office till others are chosen in their places. Said board of directors 
shall elect a president, clerk, and treasurer, who shall give such 
bond as they may determine, and such other officers and agents as 
may be found necessary, and fix their duties and compensation. 

Sect. 9. Said corporation shall have power to hold such real 
estate as may be necessary. 

Sect. 10. Said railroad shall be constructed at such grade as 
may be determined by said mayor and aldermen, and if it shall be 
necessary to alter the grade of any street or highway, it shall be 
done at the expense of the railroad. 

Sect. 11. Said city shall have power to take up the streets 
through which the railroad may pass, for the same purposes and in 
the same manner they may now do, doing no unnecessary damage 
to the railroad. 

Sect. 12. Said corporation may make such by-laws as may be 
needed, not inconsistent with the laws of the state, and may fix the 
time and place of holding the annual meeting. 

Sect. 13. Any three of the first five persons named as grantees 
may call the first meeting by publication, or by giving personal no- 
tice to the other grantees, at least ten days prior to the time of 
meeting, at which first meeting or any adjournment thereof, by-laws 
may be adopted, and directors chosen who shall hold office till the 
first annual meeting after said first meeting. 

Sect. 14. The legislature may alter, amend, or repeal this act 
whenever in their opinion the public good may require, and this act 
shall take effect on its passage. 

[Approved June 26, 1878.] 



1878.] Chapters 119, 120. 259 



CHAPTER 119. 

AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO INCORPORATE THE 
PORTSMOUTH TEMPERANCE MUTUAL RELIEF ASSOCIATION," APPROVED 
JUNE 22, 1877. 

Section 1. Membership unlimited. 

Be it enacted by the Senate and House of Representatives in General 
Court convened: — 

Sect. 1. That the act to incorporate the Portsmouth Temper- Membership 
ance Mutual Relief Association, approved June 22, 1877, be and the '^'"''*®'^" 
same hereby is amended as follows ; that is to say, strike out of 
the first section of said act the words " twenty others " and in place 
thereof insert the words " such others as may be admitted members 
thereof." 

[Approved June 26, 1878.] 



CHAPTER 120. 

AN ACT IN ADDITION TO AN ACT APPROVED JUNE 27, 1827, ENTITLED, "AN 
ACT TO ESTABLISH A CORPORATION BY THE NA3IE OF THE COCHECO 
MANUFACTURING COMPANY." 



Section 
1. Corporation authorized to construct a private 
railway. 



Section 
2. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in Greneral 
Court convened : — 

Sect. 1. That the Cocheco Manufacturing Company be author- corporation au- 
ized and empowered to locate, build, and maintain a railroad for its stracfa private" 
private use for freighting coal, and for such other use as it may ''''""'^^' 
have occasion in connection with its mills and printery, from some 
point on the southerly side of the Cocheco River, opposite or nearly 
opposite said company's new mill, across the Cocheco River near 
said new mill, thence across said river to said company's printery. 

Sect. 2. This act shall take effect from and after the day of its Takes effect,, 
passage. ''^'^"' 

[Approved June 28, 1878.] 



260 



Chapters 121, 122. 



[1878. 



CHAPTER 121. 

AN ACT TO EXTEND THE CHARTER OF THE MERRIMACK Rn^ER SAVINGS 

BANK. 



Section 

1. Charter extended. 

2. Subject to repeal. 



Section 
3. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 



Charter ex- 
tended. 



Subject to 
repeal. 



Takes effect, 
when. 



Sect. 1. That the act incorporating the Manchester Five Cents 
Savings Institution at Manchester, approved June 26, 1858, as 
amended by an act changing the name of said Manchester Five 
Cents Savings Institution to the Merrimack River Savings Bank, 
approved June 30, 1865, shall continue and remain in force for and 
during the further term of twenty years from and after the time in 
said first above-named act limited for the continuance of the same, 
and during all said further time said Merrimack River Savings 
Bank shall continue to have and enjoy all the rights, privileges, and 
immunities granted to it by said acts, and not inconsistent with this 
act and the laws of this state, and shall be subject to all the laws 
of this state in relation to savings-banks. 

Sect. 2. The legislature may alter, amend, or repeal this act 
whenever in their opinion the public good shall require it. 

Sect. 3. This act shall take effect and be in force from and 
after its passage. 

[Approved July 2, 1878.] 



CHAPTER 122. 

AN ACT TO INCORPORATE THE GRANITE STATE DEAF MUTE MISSION. 



Section 

1. Corporation constituted ; its powers and pur- 

pose. 

2. First meeting. 



3. Subject to repeal. 

4. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 



Corporation Sect. 1. That Tliomas Brown, Archibald Allison, Wentworth 

powewand'pur-^i'aiit, Amos Smith, Willmr D. Pattee, Frank P. Blodgett, Charles 
P°«^' Hilton, Varnum B. Wright, Thomas N. Head, Franklin P. Bartlett, 

their associates and successors, be and they hereby are constituted 
a body politic by the name of " The Granite State Deaf Mute Mis- 
sion," for such religious, moral, charitable, and benevolent purposes 
as said corporation may from time to time designate, and by that 
name may sue and be sued, })rosecute and defend to final judgment 
and execution, and shall be vested with all the powers and privi- 
leges and subject to all the liabilities of corporations of a similar 



1878.] Chapters 122, 12B. 261 

nature, and may take and hold real and personal estate by deed, 
donation, bequest, or otherwise, for the purposes of said corpora- 
tion, and may sell, convey, or otherwise dispose of the same at 
pleasure. 

Sect. 2. That tlic said Thomas Brown, Archibald Allison, F'l-stmeetina. 
Wentwortli Grant, Amos Smith, Will)ur I). Pattee, Frank P. Blod- 
gett, Charles Hilton, Varnum B. Wright, Thomas N. Head, Frank- 
lin P. Bartlett, or any three of them, may call the first meeting* of 
said corporation by giving such notice and in such manner as may 
by them be deemed best, and that such meeting may adopt such by- 
laws as shall seem proper in accordance with this act of incorpora- 
tion. 

Sect. 3. The legislature may alter, amend, or repeal this act or ^I'^'jj^ct to re- 
any of its provisions, whenever in their opinion the public good 
may require it. 

Sect. 4. This act shall take effect from and after its passage, wh^n^^*^*^*' 

[Approved July 2, 1878.] 



CHAPTER 123. 

AN ACT TO EXTEND THE CHARTER OF THE MILFORD FIVE CENTS SAVINGS 

INSTITUTION. 

Section i Section 

1. Charter extended. i 2. Takes effect, when. 

Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. That the act to incorporate the Milford Five Cents ci'arter ex- 
Savings Institution at Milford, approved June 27, 1859, is hereby 
continued in force for the term of twenty years from and after the 
27th day of June, 1879 ; and said institution shall have and possess 
all the powers, rights, and privileges in said act granted, and is sub- 
ject to all the duties and liabilities thereby imposed, and also shall 
be subject to all such laws and regulations as the legislature may 
from time to time prescribe for the government of similar corpora- 
tions. 

Sect. 2. This act shall take effect from and after June 2.1.'^^}^^^^^'^^^ 
1879. 

[Approved July 2, 1878.] 



262 



Chapter 124. 



[1878. 



CHAPTER 124 



AN ACT TO INCORPORATE THE HOLDERNESS SCHOOL FOR BOYS. 



Section 

1. Corporation constituted. 

2. Object ; limitation as to property ; by-laws. 

3. Managers ; quorum. 

4. First meeting ; by-laws. 



Section 

5. Principal of the school, election and removal 

of. 

6. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in Creneral 
Court convened : — 



Corporation 
constituted. 



Object ; limita- 
tion as to prop- 
erty ; by-laws. 



Managers ; quo- 
rum. 



First meeting ; 
by-laws. 



Principal of tlie 
school, election 
and removal of. 



Takes effect, 
when. 



Sect. 1. That William W. Niles, William Heywood, George L. 
Balcom, Leonard Sears, George Olcott, Charles A. Holbrook, 
Edward A. Renouf, and Josiah Carpenter, their associates and suc- 
cessors, be and they are made a body politic and corporate, by the 
name of the Holderness School for Boys, and by that name may 
sue and be sued, and prosecute to final judgment and execution ; 
and shall have and enjoy all the powers and privileges, and be sub- 
ject to all the liabilities incident to corporations of a similar char- 
acter. 

Sect. 2. Said corporation is hereby empowered to establish and 
maintain, in the town of Holderness, in the county of Grafton, a 
school for the education of youth, and for that purpose may acquire 
and hold, by gift, bequest, or otherwise, real and personal estate to 
an amount not exceeding one hundred and fifty thousand dollars ; 
may erect suitable buildings, employ proper teachers and assistants, 
and establish all necessary by-laws and regulations for their govern- 
ment, and exercise any other powers proper to carry into effect the 
objects of this act ; provided, that said by-laws and regulations 
shall not be repugnant to the constitution and laws of this state. 

Sect. 3. Said corporators, their associates and successors, shall 
have the entire management and control of the affairs of said cor- 
poration, and shall by election fill all vacancies which may from 
time to time occur in their body, and have power to add to their 
number. At all meetings of the corporation duly called, three 
shall constitute a quorum for the transaction of all business, except 
it be the election or removal of the principal of said school, and the 
conveyance of real estate. 

Sect. 4. Said corporators, or any two of them, may call, in such 
manner and at such time as they may deem proper, the first meet- 
ing of said corporation, which shall he held at said Holderness, at 
which, or at any subsequent meeting duly held, said corporation 
may make or amend by-laws and regulations as aforesaid. 

Sect. 5. Tlie principal of the school shall be elected, and may 
at any time be removed, by the corporation ; but it shall require a 
majority of the members of the corporation either to elect or to re- 
move him, or to authorize the conveyance of real estate. 

Sect. 6. This act shall take effect upon its passaii'e. 

[Approved July 2, 1878.] 



1878.] Chapters 125, 126. 263 



CHAPTER 125. 

AN ACT TO LEGALIZE THE SCHOOL-HOUSE TAX ASSESSED FOR SCHOOI^ 
DISTRICT NO. 12, IN THE TOWN OF SUTTON, FOR THE YEAR 1877. 

Section i Section 

1. Tax legalized. I 2. Takes effect, when. 

Be it enacted by the Senate and House of Representatives in General 
Court convened: — 

Sect. 1. That the school-house tax assessed for school-district ^ax legalized. 
No. 12, ill the town of Sutton, for the year 1877, be and the 
same are hereby made legal ; and all doings of the officers of 
said district and said town of Sutton in relation to the assessment, 
inventory, and collection of said tax are hereby ratified, confirmed, 
•and legalized. 

Sect. 2. This act shall take effect upon its passage. xakea effect, 

[Approved July 2, 1878.] 



CHAPTER 126. 

AN ACT TO INCORPORATE THE CONFERENCE OF BAPTIST MINISTERS IN 

NEW HAMPSHIRE. 

:Section I Section 

1. Corporation constituted ; purpose and powers. 3. Takes effect, when. 

2. Limitation as to property. I 

Be it enacted by the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. Ebenezer E. Cummings, William H. Eaton, George W. ^^I'^^^l^//^'^. 
Nicholson, William Alden, Alden Sherwin, William Y. Garner, P'"po8e and 
King S. Hall, William Hurlin, Franklin Merriam, William B. Smith, ^''"''"' 
Jeremiah D. Tiltoii, Edmund E. Spinney, Harry 0. Walker, and 
Samuel C. Fletcher, their associates and successors, are hereby made 
a corporation by the name of " The Conference of Baptist Ministers 
in New Hampshire," for the purpose of relieving aged, disabled 
Baptist ministers who are indigent ; with all the powers and privi- 
leges, and subject to all the duties, liabilities, and restrictions of 
similar corporations under the laws of this state. 

Sect. 2. Said corporation may, for the purposes aforesaid, hold p™"^""*" *^ ** 
real and personal estate to an amount not exceeding seventy-five 
thousand dollars. 

Sect. 3. This act shall be in force from and after its passage, when^ *''^^°'' 

[Approved July 2, 1878.] 



264 



Chapters 127, 128. 



[1878. 



CHAPTER 127. 

AN ACT TO SEVER THE HOMESTEAD FARM OF JONATHAN B. FERRIN FROM 
WARD NO. 1, AND ANNEX THE SAME TO WARD NO. 3, IN THE CITY OF 
CONCORD. 



Section 

1. Farm severed and'annexed. 

2. Right to vote not affected. 



Section 
3. Taxes effect, when. 



Be it enacted hy the Senate and ITonse of Hepresentatives in General 
Court convened: — 



Farm severed 
and annexed. 



Right to vote 
not affected. 



Takes effect, 

when. 



Sect. 1. That the homestead farm of Jonathan B. Ferrin, with 
its inhabitants, be and the same is hereby severed from, ward No. 1, 
and annexed to ward No. 3, in the city of Concord. 

Sect. 2. Any person qualified to vote at any meeting held within 
six months from the passage of this act, in any ward as now con- 
stituted, shall have the right to vote in the ward in which he 
shall become an inhabitant by the provisions of this act. 

Sect. 3. This act shall take effect upon its passage. 

[Approved July 2, 1878.] 



CHAPTER 128. 

AN ACT TO INCORPORATE THE PROFILE AND FRANCONIA NOTCH RAILROAD. 



Section 

1. Corporation constituted. 

2. May construct a railroad ; lease ; connections. 

3. Capital stock and bonds. 

4. Tolls ; powers vested in directors. 



Section 

5. First meeting. 

6. Void, when ; takes effect, when. 

7. Right to intersect with reserved to other roads. 



Corporation 
constituted. 



May construct a 
railroad ; lease ; 
connections. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 

Sect. 1. That Richard Taft, Nathaniel White, Joseph A. Dodge, 
Charles H. Greenleaf, Josiah T. Vose, John H. George, Walter 
Aiken, Emmons Raymond, John G. Sinclair, John G. Eaton, and 
Warren F. Daniell, their associates, successors, and assigns, are 
hereby made a corporation by the name of the Profile and Fran- 
conia Notch Railroad, with all the rights, powers, and privileges, 
and subject to all the liabilities, duties, and restrictions set fortli in 
the general laws which are now or hereafter may be in force re- 
lating to railroad companies. 

Sect. 2. Said corporation is authorized and empowered to locate, 
construct, and maintain a railroad not exceeding six rods in width, 
with necessary additions for excavations and embankments, from 
some convenient point on the Mount Washington Branch of the 
Boston, Concord, and Montreal Railroad in Bethlehem to some 
convenient point near the Profile House in Franconia, with the 
right to connect with the Pemigewasset Valley Railroad, and with 
authority to maintain a narrow-gauge railroad, and to lease its 



1878.] Chapters 128, 129. 265 

railroad to the Boston, Concord, and Montreal Railroad on such 
terms and for such time as may ])C agreed upon by said corpora- 
tions. 

Sect. 3. The capital stock of said corporation shall consist of ^^p'*,*'^^^'^^*''' 
not more than two thousand shares of one hundred dollars each, 
and said corporation may issue its bonds, secured by mortgage of 
its road, to an amount not exceeding one-half of that amount of its 
capital stock which shall be actually expended at the time of the 
issue of such bonds. 

Sect. 4. A toll is hereby granted to said corporation upon all ^^^{'^ PJ'^?'"* 
persons and property which may be transported by said railroad at rectors. 
such rates as may be from time determined by its directors, and all 
the powers granted to the said corporation relating to the locating, 
constructing, and maintaining said railroad are hereby vested in 
the directors of said corporation for the time being. 

Sect. 5. The three persons first named in this act may call the First meeting. 
first meeting of the grantees of said corporation by publishing 
notice of the time and place of meeting, in some newspaper 
published in the county of Grafton, one week at least before the 
day of said meeting. 

Sect. 6. This act shall be void as to all parts of said railroad t\kes' relc"' 
which shall not be constructed within ten years from the passage "^^n. 
hereof ; and this act shall take effect on its passage. 

Sect. 7. The right to intersect and connect with said Profile fg^"t^,^ftV°re-'" 
and Franconia Notch Railroad is hereby reserved to any corpora- ""ved to'other 

v J 1. roads. 

tion which has been or which hereafter may be chartered to con- 
struct a railroad between some point on the Boston, Concord, and 
Montreal Railroad at or near Littleton and any point on said Pro- 
file and Franconia Notch Railroad. 
[Approved July 11, 1878.] 



CHAPTER 129. 

AN act IN amendment TO THE ACT ENTITLED "AN ACT TO INCORPORATE 
THE EASTERN RAILROAD IN NEW HAMPSHIRE," APPROVED JUNE 18, 1836. 



Section 

1. Government of corporation vested in directors. 

2. Treasurer to give bond. 

3. Special meetings ; quorum. 



Section 

4. Contracts existing or new, not valid unless 

approved and filed. 

5. Act repealed. 

6. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in G-eneral 
Court convened : — 

Sect. 1. The immediate government and direction of the affairs ^p°p^J7^'^^|J* °^ 
of the Eastern Railroad in New Hampshire, shall be vested in not nested in di- 

rectors. 

less than five, nor more than seven directors, as the stockholders 
may from year to year determine. 

Sect. 2. The treasurer of said corporation shall be required to J^^*g''*^JJ^^^J*^'* 
give bonds in such sum, and with such sureties, as may be satis- "^ 
factory to the directors of said corporation. 
16 



266 



Chapters 129, 130. 



[1878. 



Contracts exist- 
ing or new, not 
valid unless ap- 



speciaimeet- Sect. 3. The Said directoFs sliall call special meetings of said 
corporation, whenever a written request shall be presented to them 
for that purpose, signed by at least fifteen of the proprietors ; or 
whenever they shall be requested in writing so to do, by the 
holders of at least fifteen per cent of the capital stock ; and at all 
meetings of said corporation twenty per cent of the stock of the 
company, present in conformity with the laws of the state of New 
Hampshire, either in person, or by proxy, shall constitute a 
quorum for the transaction of business. 

Sect. 4. Section two of the act in amendment of the charter of 
the Eastern Railroad in New Hampsliire, approved July 2, 1839, 

proved and filed, ^j^^^j ^^ taken and deemed to authorize the renewal, modification, 
or extension of existing contracts, if any, for the use and operation 
of the Eastern Railroad in New Hampshire, and also to authorize 
the making of any new contract or contracts for the use and 
operation of said railroad upon such terms and for such time as 
may be deemed expedient ; provided, that nothing in this act con- 
tained shall be taken or deemed to approve or disapprove, or in 
any way affect the existence of any contract for the use and opera- 
tion of said railroad now claimed to exist and be in force ; and 
provided, also, that no such renewal, modification, or extension, or 
new contract, shall be valid until approved by a majority of the 
board of directors and of the stockholders present at any legal 
meeting called for that purpose and by the governor and council 
and railroad commissioners, as provided by existing laws, and a 
copy of such contract shall be placed on file in the office of the 
secretary of state. 

Sect. 5. So much of the act incorporating the Eastern Railroad 
in New Hampshire, as is inconsistent with the foregoing sections, 
is hereby repealed. 

Sect. 6. This act shall take effect upon its passage. 
[Approved July 11, 1878.] 



Act repealed. 



Takes effect 
■when. 



CHAPTER 130. 

AN ACT TO INCORPORATE THE WHITEFIELD AND JEFFERSON RAILROAD. 



Corporation 
constituted. 



Section 

1. Corporation constituted. 

2. May construct and lease railroad. 

3. Capital stock and bonds. 



Skction 

4. Tolls ; directors. 

5. First meeting. 

C. Act void and takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 

Sect. 1. That Aaron Ordway, Alson L. Brown, Warren G. 
Brown, Nathan R. Perkins, Josiah T. Yose, Samuel N. Bell, Joseph 
A. Dodge, and Warren F. Daniell, their associates, successors, and 
assigns, are hereby made a corporation by the name of the White- 
field and Jefferson Railroad, with all the rights, powers, and privi- 
leges, and subject to all the liabilities, duties, and restrictions set 
forth in the general laws, which are now, or hereafter may be, in 
force, relating to railroad corporations. 



1878.] Chapters 130, 131. 267 

Sect. 2. Said corporation is authorized and empowered to May construct 
locate, construct, and maintain a railroad, not exceeding six rods roa-i.**'* '^'^' 
in width, with necessary addition for excavations and embank- 
ments, from some convenient point on the Boston, Concord, and 
Montreal Railroad, in Dalton or Whitefield, to some convenient 
point in the town of Randolph, and with authority to extend a 
branch into Kilkenny and Berlin, and with authority to lease its 
railroad to any other road, on such terms and for such time as may 
be agreed upon by said corporation. 

Sect. 3. The capital stock of said corporation sliall consist of ^*?'^*^ ^*"''' 
not more than one thousand shares of one hundred dollars each, 
and said corporation may issue its bonds, secured by mortgage of 
its road, to an amount not exceeding one-half of that amount of 
its capital stock, which shall be actually expended at the time of 
the issue of such bonds. 

Sect. 4, A toll is hereby granted to said corporation upon all '^''"* ' directors, 
persons and property which may be transported by said railroad at 
such rates as may be from time to time determined by its directors ; 
and all the powers granted to said corporation relating to the locat- 
ing, constructing, and maintaining said railroad, are hereby vested 
in the directors of said corporation for the time being. 

Sect. 5. The three persons last named in this act may call the^irst meeting, 
first meeting of the grantees of said corporation by publishing no- 
tice of the time and place of meeting in some newspaper published 
in the county of Coos, one week, at least, before the day of said 
meeting. 

Sect. 6. This act shall be void as to all parts of said railroad ^kerjaect"*^ 
that shall not be constructed within ten years from the passage ^'>en- 
hereof, and this act shall take effect on its passage. 

[Approved July 11, 1878.] 



CHAPTER 131. 

AN ACT RELATING TO SCHOOL-DISTRICT NO. 12, IN THE TOWN OF HAVER- 
HILL. 

Section I Section 

1. County farm severed from school-district. 3. Takes effect, when. 

2. School tax on county property to be paid to 4 Tax to be expended for education of pauper 

county commissioners. I children. 

Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 

Sect. 1. All that portion of school-district No. 12, in the town county farm 
of Haverhill, embraced in the limits of the Grafton County farm, schooi-district. 
and owned by said county of Grafton, is hereby severed from said 
district ; and said county farm shall, for school purposes, be under 
the exclusive control and direction of the commissioners of said 
county, but shall not constitute a school-district nor l)e entitled to 
any rights or privileges as such, save as herein after stated. 



268 



Chapters 181, 132, 133. 



[1878. 



Takes effect, 
when. 



School tax on Sect. 2. The amount of the school tax, annually assessed upon 
to be pafd to" ^ the property of said county of Grafton in said Haverhill, shall be 
sionwi'^"™"''*' paid over to the commissioners of said county, by the proper offi- 
cers of the town, in the same manner that the same is paid to the 
prudential committee of the several .districts. 

Sect. 3. This act shall be in force and take effect upon pay- 
ment to the commissioners of the sum of two hundred dollars and 
sixteen cents, the amount of the school-house tax of the county of 
Grafton, in said district No. 12, for the year 1875. 
Tax to be ex- Sect. 4. All taxcs aunuallv assessed upon the property of the 

PBTlGGCi for 6G11- 1. i. *> 

cation of pauper couuty of Graftou for school purposes, and paid over to the com- 
chiidren. missioucrs as herein provided, shall be expended by said commis- 

sioners for the education of the poor children at the county farm. 
[Approved July 15, 1878.] 



CHAPTER 132. 

AN ACT TO SEVER THE H05IESTEAD FARJI AND TAXABLE PROPERTY OF 
ANDRUS PALMER AND ORREN A. PALMER FROM SCHOOI^DISTRICT NO. 6, 
IN NORTHWOOD, AND ANNEX THE SAME TO SCHOOL-DISTRICT NO- 11, 
IN DEERFIELD, FOR SCHOOL PURPOSES. 



Section 
1. Farm severed and annexed. 



Section 
2. Takes effect, when. 



Farm severed 
and annexed. 



Takes effect, 
when. 



Be it enacted hy the Senate and Souse of Representatives in General 
Court convened : — 

Sect. 1. That the homestead farm and taxable property there- 
on, of Andrus Palmer and Orren A. Palmer, are hereby severed 
from school-district No. 6, in the town of Northwood, and annexed 
to school-district No. 11, in the town of Deerfield, for school pur- 
poses. 

Sect. 2. This act shall take effect on its passage. 

[Approved July 15, 1878.] 



CHAPTER 133. 

AN ACT TO SEVER THE HOMESTEAD FARMS OF CHARLES SMITH AND FRANK 
PEVERLY FROM SCHOOI^DISTRICT NO. 1, IN THE TOWN OF CANTERBURY, 
AND ANNEX THE SAME TO SCHOOL-DISTRICT NO. 20, IN THE CITY OF 
CONCORD, FOR SCHOOL PURPOSES. 



Section 
1. Farms severed and annexed. 



Section 
2. Takes effect, when. 



Farms severed 
and annexed. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 

Sect. 1. The homestead farms of Charles Smith and Frank 
Peverly are hereby severed from school-district No. 1, in the town 



1878.] Chapters 133, 134, 135. 269 

of Canterbury, and annexed to school-district No. 20, in the city 
of Concord, for school purposes. 

Sect. 2. This act shall take effect from and after its passage. Takes effect, 

[Approved July 15, 1878.] 



CHAPTER 134. 

AN ACT TO CHANGE THE NAME OF THE NEW fLONDON LITERARY AND SCI- 
lENTIFIC INSTITUTION. 

Section I Sbctios 

1. Name changed. | 2. Takes effect,^when. 

Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. The name of the New London Literary and Scientific Name changed. 
Institution, situated at New London, in the county of Merrimack, 
is hereby changed to " The Colby Academy." 

Sect. 2. This act shall take effect from its passage. wh^n* ^*^^*'*' 

[Approved July 15, 1878.] 



CHAPTER 13 5. 



AN ACT IN AMENDMENT OF THE CHARTER OF THE HEDDING CAMP-MEET- 
ING ASSOCIATION. 

Section | Section 

1. Corporation may appoint police'oflacers . | 2. Takes effect, when. 

Be it enacted hy the Senate and House of Representatives in General 

Court convened : — 

Sect. 1. That said corporation is hereby invested with authority corporation may 
to appoint so many special agents to act as conservators of the officeV"! ^"*^^ 
peace, as it may be deemed necessary, who shall have the same 
power and authority in relation to the disturbance of any meeting 
or breach of the peace committed upon or about the grounds of said 
corporation, as is given by existing laws to police officers and 
watchmen. 

Sect. 2. This act shall take effect on its passage. Takes effect, 

[Approved July 15, 1878.] 



270 



Chapters 136, 137. 



[1878. 



CHAPTER 136. 

AN ACT TO AUTHORIZE THE CITY OF NASHUA TO TAKE THE SENSE OF ITS 
LEGAL VOTERS IN RELATION TO THE ABOLITION OF THE COMMON COUN- 
CIL OF SAID CITY. 



Section 

1. Sense of voters to be taken on the question of 
abolishing city council. 



Section 
2. To be taken by ballot. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 



Sense of voters 
to be taken on 
the question of 
abolishing city 
council. 



To be taken by 
ballot. 



Sect. 1. There shall be inserted in the warrants of the several 
wards of said city, warning the state election to be held in Novem- 
ber, 1878, the following article : " To take the sense of the legal 
voters of said wards upon the question. Shall the common council of 
the city be abolished ? " 

Sect. 2. At such meeting said question shall be voted upon by 
ballot, and the result shall be declared, returned, and certified, in. 
the same manner as is now required in the case of the election of 
mayor of said city. 

[Approved July 15, 1878.] 



CHAPTER 137. 

AN ACT IN RELATION TO SCHOOL-DISTRICT NO. 2, IN THE TOWN OF 

WEBSTER. 



Section 

1. Action of district confirmed. 

2. District may build new school-house. 



Section 
3. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 



Action of dis- 
trict confirmed. 



District may 
build new 
school-house. 



Takes effect, 
when. 



Sect. 1. The action of school-district No. 2, in the town of 
Webster, at its meetings duly liolden in March, A. D. 1878, is 
hereby ratified and confirmed. 

Sect. 2. Said district may, at a meeting duly warned and 
holden for the purpose, appropriate any money in its treasury here- 
tofore raised for the repair of the school-house in said district, and 
apply the same to the purchase of land and the building of a new 
school-house thereon, and may raise such additional sums of money 
as may be necessary to build and furnish the same. 

Sect. 3. This act shall take effect from its passage. 

[Approved July 15, 1878.] 



1878.] Chapters 138, 139. 271 



CHAPTER 138. 

AX ACT TO SEVER THE HOMESTEAD FARM OF WH.LIAM 0. CHASE FROM 
SCHOOI^DISTRICT NO. 11, IN THE TOWN OF WENTWORTH, AND ANNEX 
THE SAME TO SCHOOL- DISTRICTS NOS. 2 AND 9 IN SAID TOWN, FOR 
SCHOOL PURPOSES. 

Section i Section 

1. Farm severed and annexed. | 2. Takes effect, when. 

Be it enacted by the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. The homestead farm of William 0. Chase is hereby Farm severed 
severed from school-district No. 11, in the town of Wentworth, 
and annexed to school-districts Nos. 2 and 9 in said town, for 
school purposes. 

Sect. 2. This act shall take effect on and after its passage. Takes effect, 

[Approved July 18, 1878.] 



CHAPTER 139. 

AN ACT TO ANNEX THOMAS J. LARY'S HOMESTEAD FARM AND ESTATE, IN 
SCHOOL-DISTRICT NO. 1, IN THE TOWN OF DUMMER, TO SCHOOL-DISTRICT 
NO. 1 IN THE TOWN OF MILAN, IN COOS COUNTY, FOR SCHOOLING PURPOSES. 

Section | Section 

1. Farm severed and annexed. | 2. Takes effect, when. 

Be it enacted by the Senate and House of Representatives in General 
Court convened: — 

Sect. 1. That the homestead farm and estate of Thomas J. Farm severed 

T • iiT'-nT-i-i (>T\ 1 11 ^^^ aonexea. 

Lary, in school-district No. 1 in the town of Diimmer, be and the 
same is hereby annexed to school-district No. 1 in the town of Mi- 
lan, for schooling purposes. 

Sect. 2. All acts and parts of acts inconsistent with this act ^.^^* ^*f^*' 
are hereby repealed. 

[Approved July 18, 1878.] 



272 



Chapters 140, 141. 



[1878. 



CHAPTER 140. 

AN ACT TO RESTORE TO DISTRICT NO. 8, IN , BRISTOL, SO l^WCH. OF THE 
HOMESTEAD FARMS OF MOSES PETERS AND THOMAS WYCOM AS ARE NOW 
IN DISTRICT NO. 8 IN BRIDGEWATER, FOR SCHOOL PURPOSES. 



Section 
1. Part of farm severed and annexed. 



Section 
2. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in Greneral 
Court convened: — 



Part of farm 
severed and an- 
nexed. 



Takes effect, 
when. 



Sect. 1. That so much of the homestead farms of Moses Pe- 
ters and Thomas Wycom, now in Bridge water, for school purposes, 
be disannexed from district No. 8 in Bridgewater and re-annexed to 
district No. 8 in Bristol. 

Sect. 2. This act shall take effect upon its passage. 

[Approved July 18, 1878.] 



CHAPTER 141. 



AN ACT TO INCORPORATE THE CRYSTAL SPRINGS WATER COMPANY. 



Section 

1. Corporation constituted. 

2. Capital stock. 

3. Meetings. 

4. Limitation as to property, etc. 



Section 

5. May enter and take land and springs ; dam- 
ages. 
C. First meeting, etc. 
7. Subject to repeal ; takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 



Corporation 
constituted. 



Capital stock. 



Meetings. 



Sect. 1. That John A. Durgin, John G. Sinclair, Cyrus E. 
Bunker, Charles H. Clark, Daniel F. Davis, James H. Clark, John 
S. Blandin, and John Pierce, jr., and their associates, successors, 
and assigns, shall be, and hereby are, made a body politic and cor- 
porate by the name of the Crystal Springs Water Company, for the 
purpose of bringing water into the compact part of Bethlehem vil- 
lage, in the town of Bethlehem, in subterranean pipes, and by that 
name may sue and be sued, prosecute and defend to final judgment 
and execution, and are hereby vested with all the powers, and sub- 
ject to all liabilities incident to corporations of a similar nature. 

Sect. 2. The capital stock of said corporation shall consist of 
such number of shares not exceeding one hundred dollars each, as 
may be from time to time determined by the directors of said cor- 
poration, not exceeding in the whole the sum of ten thousand 
dollars. 

Sect. 3. The annual meeting of said corporation shall be liolden 
at such time and place as may be prescribed by the by-laws or ajv 
pointed by the directors, at which meeting not less than three nor 
more than seven directors shall be chosen by ballot. The directors 



1878.] Chaptkr 141. 273 

.may call special meetings of the corporation whenever they shall 
•deem it necessary, giving such notice as the by-laws may prescribe. 

Sect. 4. Said corporation is empowered to purchase and hold, Limjution^MtB 
in fee-simple or otherwise, any real and personal estate necessary 
for the carrying into effect the })urposes of this act, not exceeding 
in value, at the time of its purchase, ten tliousand dollars ; and 
said corporation is authorized to enter upon and break up ground, 
dig ditches and make excavations in any street, ])lace, square, pass- 
way, or highway, through which it may be deemed necessary for 
said pipes and water-works to pass, be, or exist, for the purpose of 
placing said pipes and other material as may be deemed necessary 
for building said water-works, and relay and repair the same, subject 
to such regulations as to the safety of the citizens and security of 
the public travel as may be prescribed l)y the selectmen of the town 
of Bethlehem. 

Sect. 5. Said corporation is authorized to enter upon and ap- ^^*>^ ^nter^ami 
propriate any springs, streams, or ponds, not belonging to any springs ; uam- 
aqueduct company, or to the Harris Manufacturing Company, and'^^**' 
to secure, by fences or otherwise, such springs, streams, or ponds, 
and dig ditches, make excavations or reservoirs through, over, in, or 
upon any land or enclosure through which it may be necessary for 
said pipes and water to pass, or said excavations, reservoirs, or wa- 
ter-works to be or exist for the purpose of obtaining, holding, pre- 
serving, or conducting said water and placing such pipes, other ma- 
terial, or works as may be necessary for building and operating such 
water-works or repairing the same ; provided^ it shall be necessary 
to enter upon and appropriate any springs, streams, or ponds, or any 
land for the purpose aforesaid, or to raise or lower the level of the 
same, and said corporation shall not agrea with the owners thereof 
for the damages that may be done by said corporation, or such 
owners shall be unknown, either party may apply to the supreme 
court, at the trial term thereof, to have the same laid out and dam- 
ages determined ; and the said court shall refer the same to the 
county commissioners for the county, who shall appoint a time and 
place of hearing and give notice thereof in the same manner as 
now provided by law for laying out highways, and said commission- 
ers shall make report to said court, and said court may issue execu- 
tion accordingly. If either party shall desire, upon application to 
said court before reference to said commissioners, they shall be en- 
titled to a trial by jury, in such manner and under such regulations 
as said court may prescri])e. 

Sect. 6. Any two of the corporators named in this act may call ^st meeting, 
the first meeting of the corporation by giving a notice in writing to 
each of the corporators of the time and place of meeting, at least 
six days before the day of meeting, or by notice printed in some 
paper published at Littleton, in the county of Grafton, at least four- 
teen days before said meeting, and at said meeting or any adjourn- 
ment thereof, or at any subsequent meeting duly called, associates 
may be admitted, and all proper officers chosen, the number and 
par value of shares fixed, and such by-laws and regulations adopted 
as may be deemed necessary to carry into effect the business of the 
corporation, not inconsistent with the constitution and laws of the 
state. 

17 



274 



Chapters 141, 142. 



[1878. 



Subject to re- Sect. 7. The legislature may amend, alter, or repeal this act 
effect, when, wheii it is made to appear that the public good requires it, and this 
act shall take effect upon its passage. 
[Approved July 18, 1878.] 



CHAPTER 142 



AN ACT TO INCORPORATE THE NEW ZEALAND RIVER RAILROAD. 



Section 

1. Corporation constituted. 

2. May construct railway ; its termini. 

3. Capital stock ; bonds. 

4. Tolls ; management. 

5. Directors and'officers. 



Section 

6. Annual meetings ; by-laws. 

7. First meeting. 

8. Subject to repeal. 

9. Void, and takes effect, when. 



Be it enacted by the Senate and House of Representatives in General 
Court convened : — 



Corporation 
constituted. 



May construct 
railway ; its 
termini. 



Capital stock ; 
bonds. 



Tolls ; manage- 
ment. 



Directors and 
officers. 



Sect. 1. J. Thomas Vose, Joseph P. Pittman, Joseph A. Dodge, 
Samuel N. Bell, Henry L. Tilton, and Charles D. Tarbell, their 
associates, successors, and assigns, are hereby made a body cor- 
porate by the name of the New Zealand River Railroad, with all 
tlie rights, powers, and privileges, and subject to all the liabilities, 
duties, and restrictions, set forth in the general laws which now 
are or hereafter may be in force relating to railroad corporations. 

Sect. 2. Said corporation is authorized and empowered to locate, 
construct, and maintain a railroad not exceeding six rods in width, 
with the necessary additions for excavations and embankments, 
from some convenient point on the line of the Boston, Concord, 
and Montreal Railroad, in Carroll, in the county of Coos, southerly 
up the valley of the New Zealand River, so called, to the head 
waters of said New Zealand River, with the right to connect said 
railroad with any other in this state within the termini aforesaid. 

Sect. 3. The capital stock of said corporation shall consist of 
not more than two hundred and fifty shares of the par value of one 
hundred dollars per share ; and said corporation may issue its bonds, 
secured by mortgage of its road and franchise, to an amount not 
exceeding its capital stock. 

Sect. 4. A toll is hereby granted to said corporation upon all 
persons and property which may be transported by it at such rates 
as may be fixed and determined by its directors from time to time ; 
and all the powers granted to said corporation relating to the 
locating, constructing, and maintaining said road are herel)y vested 
in the directors of said corporation for the time being. 

Sect. 5. The immediate government and direction of the affairs 
of said corporation shall be vested in five directors, who shall be 
chosen by the stockholders or members annually, by ballot, and 
shall hold their offices until others shall be duly elected and quali- 
fied in their stead ; and said directors, a majority of whom shall be 
a (piorum for the transaction of business, shall elect one of their 
number to ha president of the board and of the corporation : they 



1878.] • Chapters 142, 143. 275 

shall also choose a clerk, who shall also be clerk of the corporation, 
and sworn to the faithful discharge of his duties ; a treasurer, who 
shall give bond with sureties to their satisfaction for the faithful 
performance of his trust ; and such otlier officers, agents, and ser- 
vants as thej may deem expedient, fix their salaries, and generally 
shall have and exercise all the powers of the cor})oration for carry- 
ing into effect the objects and purposes of this act. 

Sect. 6. The annual meeting of the members of said corpora- A°n';'»'"^««t; 
tion shall be holden at such time and place in this state as said '"^*' ^ *'^*" 
corporation by its by-laws, or the directors for the time being, may 
appoint, and said corporation shall have power to make, ordain, 
and establish all such by-laws, rules, and regulations as they shall 
deem expedient and necessary, not repugnant to tlie constitution 
and laws of this state. 

Sect. 7. Any three of the persons named in this act may call First meeting, 
the first meeting of the grantees of said corporation, by publishing 
notice of the time and place of said meeting, in some newspaper 
published in the county of Grafton, at least two weeks before the 
day of said meeting. 

Sect. 8. The legislature may alter, amend, or repeal this act subject to 
whenever the public good shall require. ^^'^^^' 

Sect. 9. This act shall be void as to all parts of the railroad '^'o'«'' a"*! '^''^^i 
line herein named not constructed and completed within five years'^ "'' '" 
from the passage hereof, and this act shall take effect from its 
passage. 

[Approved July 18, 1878.] 



CHAPTER 143. 

AN ACT TO SET OFF THE HOMESTEAD FARMS OF J. DOW CLEMENT AND 
JAMES M. TUTTLE, OF THE TOWN OF ANTRIM, FEOM DISTRICT NO. 13, AND 
ANNEX THEM TO DISTICT NO. 3, FOR SCHOOL PURPOSES. 

Section i Section 

1. Farms severed and annexed. | 2. School tax, how applied. ' 

Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 

Sect. 1. That the homestead farms of J. Dow Clement and Farms severed 
James M. Tuttle be set off from school-district No. 13, in the town ''"'^ ^'"''■^"^" 
of Antrim, and be annexed to school-district No. 3, in said town. 

Sect. 2. That all money assessed against J. Dow Clement and schooi tax, how 
James M. Tuttle for school purposes in 1878 be applied to district ''''^^'^''' 
No. 3. 

[Approved July 18, 1878.] 



276 



Chapters 14-4, 145. 



[1878. 



CHAPTER 144. 

AN ACT TO INCORPORATE WINNICUT LODGE NO. 92, OF ANCIENT, FREE, AND 
ACCEPTED MASONS. LOCATED AT GREENLAND. 

Sfxtiox I Section 

1. Corporation constituted ; name ; purpose ; 2. First meeting. 

powers ; limitation of property. 3. Takes effect, when. 

Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 



Corporation 
constituted ; 
name ; purpose 
powers ; limita- 
tion of property 



First meeting 



Takes effect, 
when. 



Sect. 1. That Edgar S. Taft, W. 0. Jenkins, N. P. Ordway, 
"William H. L. Brackett, James Drew, tlieir associates and succes- 
sors, be and they hereby are made a body politic and corporate by 
the name of Winnicut Lodge No. 92, of Ancient, Free, and Accept- 
ed Masons, at Greenland, for such charitable and benevolent pur- 
poses as said corporation may from time to time designate ; and by 
that name may sue and be sued, prosecute and defend to final judg- 
ment and execution ; and shall be vested with all the powers and 
privileges and subject to all the liabilities of corporations of a 
similar nature, and may take and hold real and personal estate, ])y 
donation or otherwise, for the purpose of said corporation, to an 
amount not exceeding twenty-five hundred dollars, and the same 
may sell, use, or dispose of at pleasure. 

Sect. 2, The first two members named, or either of them, may 
call the first meeting of said corporation by giving notice to each 
of the others named in said act, and to said lodge in open meeting, 
at least five days prior to said meeting. 

Sect. 3. This act shall take effect from and after its passage. 

[Approved Julv 18, 1878.] 



CHAPTER 145. 

AX ACT TO INCORPORATE ST. jMARY'S BENEVOLENT ASSOCIATION. 

Section i Section 

1. Corporation constituted ; name ; jjurpose ; 2. First meeting, 

location. ' 

Be it enacted hy the Senate and JTouse of Representatives in General 
Court convened : — 



Corporation Sect. 1. That Daniel Lynch, Daniel Hurley, Thomas J. She- 

name; purpose ;han, William Morrissey, William Canty, John Dixon, John Conlon, 
location. Dennis Lynch, all of Portsmouth, are hereby incorporated and 

made a body politic, by the name of the St. Mary's Benevolent 
Association of Portsmouth, as a charitable society, to afford relief 
to its members when afflicted by sickness, to bury the dead, and to 
render such charitable services to its members and others as oppor- 
tunity and the means of the association may permit, and for these 
purposes said corporation may hold real or personal estate not ex- 



1878.] Chapters 145, 146. 277 

ceeding ten thousand dollars, may sue and be sued, and have all 
other civil rights which ordinarily belong to such corporations ; and 
the location and place of business of the corporation shall be at 
Portsmouth. 

Sect. 2. That Daniel Lynch, Daniel Hurley, John Dixon, John I'i^t meeting. 
Conlon, or the major part of them, may call the first meeting of 
the corporation at Portsmouth by publishing a notice of the time, 
place, and purposes of the meeting in some newspaper printed in 
Portsmouth at least seven days before the time of the meeting ; and 
at that or any subsequent meeting said corporation may admit 
associates, establish by-laws, elect officers, and fix the time of their 
regular meetings, and the same thereafter alter and amend as may 
be found expedient. 

[Approved July 18, 1878.] 



CHAPTER 146. 

AN ACT TO INCORPORATE THE TRUSTEES OF THE SOLDIERS' HOME IN 

NEW HAMPSHIRE. 



Sf-ction 
3. Takes effect, when. 



Section 

1. Corporation constituted. 

2. Limitation of property ; powers and duties. 

Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 

Sect. 1. Charles J. Richards, Frederick Smyth, Ai B. Thorai> corporators, 
son, Thomas J. Whipple, William R. Patten, Natt Head, Daniel 
M. White, Ichabod Goodwin, Paul S. Adams, William H. D. 
Cochrane, Evarts W. Farr, and William H. Trickey, their associates 
and successors, chosen as hereinafter provided, are hereby made a 
corporation by the name of " The Trustees of the Soldiers' Home jfame. 
in New Hampshire," and said trustees shall from time to time, as 
they may by the by-laws prescribe, elect such officers as they may officers, 
judge necessary, and prescribe the terms and duties of such officers, 
and they shall fill by elections all vacancies in said trustees as they Trustees. 
may occur ; but the whole number of said trustees shall never ex- 
ceed twelve, eight of whom shall be members of the voluntary asso- 
ciation known as the Department of New Hami)shire, Grand Army 
of the Republic ; and whenever any vacancy shall occur among said 
eight, the remaining trustees shall select from the persons compos- 
ing for the time being the council of administration of said Depart- 
ment of New Hampshire, Grand Army of the Republic, a trustee to 
fill said vacancy. 

Sect. 2. Said trustees may receive, hold, manage, and convey Limitation of 
such real and personal estate, not exceeding in all twenty thousand ^'^°^'"'^' 
dollars, as they may acquire by gift, grant, purchase, or otherwise, 
for the purpose of maintaining in this state a home for deserving- 
soldiers and sailors, and such members of their families as said 
trustees may deem proper, and under such conditions and regula- 
tions as said trustees may from time to time prescribe, ^^i*^ ^utlef *'^'* 
trustees shall be subject to the duties and liabilities and shall have 



278 



Chapters 146, 147. 



[1878. 



Takes effect, 
when. 



the powers and privileges set forth in all general laws which now 
are or hereafter may be in force applicable to such corporations, so 
far as they are not inconsistent with this act. 

Sect. 3. This act shall take effect upon its passage. 

[Approved July 18, 1878.] 



CHAPTER 147. 

AN ACT TO INCORPORATE PHILLIPS BROOK IMPROVEMENT COMPANY. 



Section 

1. Corporation constituted. 

2. May erect dama and make improvements ; ad- 

justment of damages. 

3. Tolls. 

4. Rates of toll to be published. 



Section 

5. First meeting. 

6. Improvements already made approved. 

7. Former act repealed. 

8. Tliis a<'t subject to repeal. 

9. Takes effect,Jwhen. 



Be it enacted hy the Senate and House of Representatives in Greneral 
Court convened : — 



Corporators 

Name. 
Purpose. 



Powers and 
duties. 



Limitation of 
property. 

Corporation 
may erect dams 
and make im- 
provements. 

Adjustment of 
damages. 



Sect. 1. That Sumner W. Thompson, George T. Roberts, 
Daniel Roberts, their associates, successors, and assigns be and they 
hereby are made a body politic and corporate by the name of the 
Phillips Brook Improvement Company, for the purpose of erecting 
dams and sluices, and making such other improvements as may be 
proper and necessary on Phillips Brook, so-called, in the towns of 
Stark, Dummer, Odell and Millsfield, and its tributaries in the 
towns of Odell and Millsfield, in Coos County, to improve said brook 
for the purpose of driving logs and lumber therein, and driving logs 
and lumber over and through said dams and sluices, and of establish- 
ing rates of toll on logs and lumber so driven and sluiced ; and shall 
be invested with all the rights and privileges and subjected to all 
the liabilities of corporations of similar nature, and may purchase 
and hold real estate and other property not exceeding in value the 
sum of fifty thousand dollars, said sum to be held in shares of one 
hundred dollars each. 

Sect. 2. Said corporation may erect and maintain such and so 
many dams, sluices, and booms on said brook, and may clear, deepen, 
and improve the same to such extent as shall by it be deemed 
necessary for the proper driving of logs and lumber through said 
improvements, and should the owner or owners of any property 
situated within said towns feel that his or their property was dam- 
aged by said improvements, he or they may apply to the supreme 
court for said county, and said court shall, on application of the 
party aggrieved, cause said damage to be estimated by a committee 
of three disinterested freeholders of said county ; provided, how- 
ever, that if either party be dissatisfied with the award of said com- 
mittee, he may, at the term of court when the award is presented, 
apply to the said court for trial by jury, in the same manner as 
other like cases are determined, and the said court shall by jury de- 
termine the amount of said damages accordingly ; and in addition 
to the foregoing remedy, the supreme court, or any justice thereof. 



1878.] Chapter 147. 279 

shall have the power to grant an injunction against said corpora- 
tion, its agents or servants, upon the application of any land-owner, 
if, in the opinion of tlie court or justice, said corporation is improi> 
erly injuring the land of such owners, or if justice sliall re([uire it. 

Sect. 8. Said corporation may make and establish such rates of toii». 
toll for driving lumber or timber over or through said dams or 
sluices as may be deemed by them expedient, and shall have power 
to sue for and collect such toll in the same manner as corporations 
are by law allowed to collect debts due them ; provided, that the 
rates of toll shall not exceed one dollar per thousand ; but if any 
parties having logs and lumber to be driven through said brook as 
so improved shall be dissatisfied with the rates of toll so established 
by said company, the same shall be determined and fixed by the 
county commissioners of the county of Coos for the time being, 
upon due application, notice to the parties, and a hearing before 
them for that purpose ; and that said company shall not be ex- 
pected in any degree to drive or forward logs or timber at said 
rates, but such driving shall be done by the parties themselves at 
the rates established ; and said corporation shall have a lien on all 
logs or timber which may pass over or through said dams or sluices, 
and may hold possession of the same until said tolls are paid or 
satisfactorily secured. 

Sect. 4. The said corporation shall make and establisli rates of j^ates of toij t^, 
toll, and shall publish the same, duly attested, in some newspaper 
printed in said county of Coos, and the rates so established and 
designated in the manner aforesaid shall be taken and considered 
legal notice to all parties concerned of the usage of said company. 

Sect. 5. Sumner W. Thompson, George T. Roberts, and Daniel First meeting. 
Roberts, or any one of them, may call the first meeting of said cor- 
poration, by ])ublishing notice thereof two weeks prior to said meet- 
ing in the Mountaineer, a newspaper printed in said county of 
Coos, and said corporation when so met may elect associates, estab- 
lish rules and regulations, elect officers, and transact such business 
as may pertain to corporations of a similar nature. 

Sect. 6. The action of said corporators, or either of them, in improvements 
making improvements on said Phillips Brook, is hereby ratified and L^iiro^ed"* **' 
approved ; provided, however, it shall have been done in conform- 
ity to the meaning of this charter. 

Sect. 7. The act entitled, "An act to incorporate Phillips former act 
Brook Improvement Company," approved July 7, 1871, is hereby '^''^*'' ^ ' 
repealed. 

Sect. 8. The legislature may alter, amend, or repeal this act, tws act subject 
when, in their judgment, the public good may require it. orepea. 

Sect. 9. This act shall take effect from and after its passage. Takes effect, 

[Approved July 25, 1878.] 



280 



Chapters 148, 149. 



[1878. 



CHAPTER 148. 

AN ACT TO SEVER THE HOSfESTEAD FARM OF JOHN G. TEBBETTS FROM 
SCHOOL-DISTRICT NO. 15, IN OSSIPEE, AND ANNEX THE SAjVIE TO SCHOOL- 
DISTRICT NO. 18, IN OSSIPEE. 



Section 
1 Farm severed and annexed. 



Section 
2. Takes effect, when. 



Be it enacted ly the Senate and House of Representatives in General' 
Court convened : — 



Farm severed 
and annexed. 



Takes effect, 
when. 



Sect. 1. The homestead farm of John G. Tebbetts is hereby 
severed from school-district No. 15, in Ossipee, and annexed to^ 
school-district No. 18, in said Ossipee, for school purposes. 

Sect. 2. This act shall take effect from and after its passage. 

[Approved July 25, 1878.] 



CHAPTER 149. 

AN ACT TO INCORPORATE UNIQUE LODGE, INDEPENDENT ORDER OF SUB- 

STANTIALS. 

Section | Section 

1. Corporation constituted ; its purposes and I 2. First meeting. 

powers. I 3. Takes effect, when ; subject to repeal. 

Be it enacted hy the Senate and House of Representatives in Crenerah 
Court convened : — 



Corporation 
constituted ; its 
purposes and 



First meeting. 



Takes effect, 
wiien ; subject 
to repeal. 



Sect. 1. That William T. Meloon, William W. Martin, Silas H. 
Harding, John Q. A. Martin, Frank P. Locke, and Oliver Y. Ran- 
dall, their associates and successors, are hereby made a body cor- 
porate and politic, by the name of Unique Lodge, Independent 
Order of Substantials, for such charitable and benevolent purposes 
as said corporation may, from time to time, designate, and to be- 
located at Newcastle, in this state, and by that name may sue and 
be sued, prosecute and defend to final judgment and execution, 
may have and use a common seal, may take and hold real and per- 
sonal estate by donation, bequest, or otherwise to an amount not 
exceeding twelve thousand dollars, and the same may sell, convey, 
or otherwise dispose of at pleasure ; and may make and establish 
such by-laws and regulations as may be necessary to carry out the 
purposes of this act, and shall be vested with all the powers and 
privileges, and subject to all the liabilities incident to corporations 
of a like nature. 

Sect. 2. Any three of the above-named grantees may call the 
first meeting of this corporation, at such time and place, in said 
Newcastle, as they may deem expedient, and in such manner as 
they may tliink proper. 

Sect. 3. This act shall take effect on its passage, and the legis- 
lature may, at any time, alter, amend, or repeal the same, when- 
ever, in their opinion, the public good shall re(piire it. 

[Approved July 25, 1878.] 



1878.] 



Chapter 150. 



281 



CHAPTER 150. 

AN ACT TO INCORPORATE THE ELLIOT BRIDGE COMPANY. 



Sectiok 

1. Corporation constituted. 

2. May erect a bridge. 

3. Justices of supreme court to fix rates of toll. 

4. Tolls may be demanded. 



Section 
5. Draw to be constructeil in bridge. 
C. Act takes effect, when. 

7. First meeting. 

8. Subject to repeal. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 



May erect a 
bridge. 



iTustices of su- 
' preme court to 



Sect. 1. That John Bracewell, Charles H. Sawyer, George W. Jj^'^^p'^J^'/^^J^ 
Colbath, Oliver Wyatt, Benjamin Collins, William Flynn, with 
their associates, who are or shall become proprietors in said com- 
pany, so long as they shall continne proprietors thereof, shall be a 
body politic and corporate, by the name of the Elliot Bridge Com- 
pany, with power to purchase and hold such estate as may be 
necessary to carry into effect the object of said corporation, with 
all the powers and privileges, and subject to all the liabilities inci- 
dent to corporations of a similar nature. 

Sect. 2. The said corporation is hereby permitted and em 
powered to erect a bridge over the Salmon Falls River, between the 
town of Rollinsford, in this state, and the town of Elliot, in the 
State of Maine, commencing at any point between the mouth 
of Fresh Creek and the northerly line of the farm of David 0. 
Cate. 

Sect. 3. When said bridge shall be made passable for travelers 
the said company shall exhibit to the justices of the supreme court ^^ rates of toii 
an account of the sums expended for the same, upon the exhibition 
of which the said justices shall be authorized and required to estab- 
lish the rates of toll to be received by said company for the use of 
said bridge, which rates of toll the said justices may alter at such 
times as they may deem expedient. 

Sect. 4. The said company shall be authorized to demand andT""''"^'*^''^ 

1 1 1 n demanded. 

receive irom each and every person who shall pass over or upon 
said bridge, such toll as shall be established by said justices, and 
shall be empowered to erect gates and detain persons at said bridge 
Until the tolls shall be paid for which they may be liable. 

Sect. 5. A draw or hoist in said bridge 
over the channel of said river, of sufficient 
pass and repass freely ; and the said company shall cause the same 
to be opened or hoisted, without delay, for the accommodation of 
all vessels as may have occasion to pass through the same, and for 
which the opening or hoisting of said draw may be necessary. 

Sect. 6. This act shall be in force and take effect when the ^.^^'^J^^'^^* eft^*^'' 
State of Maine shall grant an act of incorporation for the same 
purpose ; and unless said bridge shall be erected within ten years 
after the passage of such an act by the State of Maine, then this 
grant shall be void. 

Sect. 7. Any three of the before-named grantees may call a ^'''*f ""^^'"s- 
meeting of said company by advertisement in the Dover Enquirer 
and Dover Press, to be holden at any suitable time and place after 
IS 



shall be constructed fjf;;^^^ \^ «°n- 
width for vessels tob"Jse. 



282 



Chapters 150, 151. 



[1878. 



Subject to 
repeal. 



seven days from the first publication of said advertisement, and 
said grantees, Ijy a vote of a majority of tliose present at such 
meeting, shall choose a clerk, and at the same time or a subsequent 
meeting, may elect such other officers, and establish such rules and 
by-laws as may be deemed necessary for the regulation and govern- 
ment of said company, and for carrying into effect the objects of 
the same ; provided, said rules and by-laws be not repugnant to 
the constitution and laws of the state. 

Sect. 8. Any future legislature may alter, amend, or repeal this 
charter whenever, in their opinion, the public good shall require it. 

[Approved July 25, 1878.] 



CHAPTER 151. 

AN ACT IX AMENDMENT OF AN ACT ENTITLED, "AN ACT TO GRANT A 
RIGHT OF WAY THROUGH THIS STATE TO THE PORTLAND AND OGDENS- 
BURG RAILROAD CORPORATION." 



SECTION 

1. Act amended. 

2. Time extended. 



Section 
3. Takes'effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Coui't convened : — 



Act amended. 



Time extended. 



•Takes effect, 
when. 



Sect. 1. Section two of said act is hereby amended by striking 
out in the fifth, sixth, seventh, eighth, and ninth lines all the words 
between " Crawford's Grant," in the fourth and fifth lines, and " Car- 
roll," in the ninth line, so that said section shall read as follows : 
" Said corporation is hereby authorized and empowered to continue 
and prolong its railroad agreeably to the provision of its charter, and 
to locate the same from the west line of the State of Maine, through 
Conway, Bartlett, Hart's Location, Crawford's Grant, Carroll, 
Whitefield, and Dalton, to the easterly line of the State of Vermont, 
in accordance with the provisions of chapter one hundred and forty- 
six of the General Statutes, except as herein after provided. 

Sect. 2. Section seven of said act is also hereby amended l)y 
striking out in the sixth line the figures " 1880," and substituting 
therefor the figures " 1890," so that the time for the construction 
and completion of the said railroad through the State of New 
Hampshire shall be and herebv is extended to the first day of 
January, A. D. 1890. 

Sect. 3. This act shall take effect upon its passage. 

[Approved July 25, 1878.] 



1878.] Chapters 152, 153. 283 

CHAPTER 152. 

AX ACT TO INCORPORATE THE PROVIDENT MUTUAL RELIEF ASSOCIATION. 



Section 

1. Corporation constituted ; its purposes and 

powers. 

2. Limitation as to property. 



Section 

3. First meeting. 

4. Subject to repeal. 

5. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 

Sect. 1. That Anthony C. Hardy, J. H. Gallinger, Benjamin ^S:f;°'?,^'^"- 
F. Prescott, Natt Head, William E. Stevens, H. E. Chamberlin,p"n>o«esand 
James W. Johnson, Joseph A. Dodge, George E. Todd, A. H. 
Crosby, A. M. Shaw, Daniel Barnard, James E. Larkin, Frank 
Jones, J. W. Sturtevant, Charles H. Amsden, John C. Linehan, and 
Lewis W. Clark, their associates, successors, and assigns, be and 
hereby are made a body politic and corporate by the name of the 
Provident Mutual Relief Association, for charitable and benevolent 
purposes, and furnishing relief and assistance by means of mutual 
agreements and the payment of funds, and said corporation may 
sue and be sued, defend and be defended, have and use a common 
seal, and establish all by-laws and regulations which may be neces- 
sary 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, l)y property'!" '*' *** 
deed, gift, bequest, devise, or otherwise, real and personal estate, 
for the purpose of said corporation, to an amount not exceeding 
at any one time five thousand dollars, and may improve, use, sell, 
and convey or otherwise dispose of the same at pleasure. 

Sect. 3. The five first-named persons in this act may call the First meeting, 
first meeting of this corporation l)y publishing a notice, in some 
paper printed in Concord, two weeks before the time of meeting. 

Sect. 4. The legislature may at any time alter, amend, or repeal ^^^^•''=* *° '■®- 
this act whenever the public good may require it. 

Sect. 5. This act shall take effect from and after its passage. wtJ^tf °*^^'^*' 

[Approved July 26, 1878.] 



CHAPTER 153. 

AN ACT IN AMENDMENT OF AN ACT TO INCORPORATE THE BLAZING STAR 
LODGE, FREE AND ACCEPTED MASONS, APPROVED DECEMBER 17, 1808. 

Section I Section 

1. Limitation of property extended. I 2. Takes effect, when. 

Be it enacted hy the Senate and House of Representatives in Creneral 
Court conveyied : — 

Sect. 1. That the Blazing Star Lodge, Free and Accepted Ma- J'*^''p'^^*J*°^^^ 
sons, may hold real and personal estate, by deed, donation, bequest, tended. 



284 



Chapters 153, 154. 



[1878. 



Takes effect, 
wlien. 



or otherwise, for the purposes of said corporation, to an amount 
not exceeding ten thousand dollars, instead of five thousand dol- 
lars, as now provided for in the original act of incorporation. 

Sect. 2. This act shall take effect upon its passage. 

[Approved July 26, 1878.] 



CHAPTER 154 



AN ACT TO AMEND THE CHARTER OF THE CITY OF PORTSMOUTH. 



Section 

1. City divided into four wards ; ward one, two, 

three, four. 

2. Ward officers ; time of choosuig, and term of 

office. 

3. Supervisors of check-lists, their powers and 

duties. 



Section 

4. Penalties for interfering with them. 

5. Warrants and check-lists now posted not in- 

validated by this act. 
C. Acts repealed. 
7. Takes effect, wlien. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 



City divided 
into four wards. 

Ward one. 



Wai'd two. 



Sect. 1. The city of Portsmouth hereby is and shall continue 
to be divided into four wards, which shall be constituted as fol- 
lows : ward one shall contain all that part of said city included 
within a line beginning at the Piscataqua River, at the Spring 
Market, and running to and through the center of Bow and Market 
Streets, through Market Square and the center of Congress Street 
and Islington Street to a point opposite the south-eastern corner 
of land of Justin V. Hanscom ; thence northerly in a direct line to 
the north-westerly corner of land of Charles E. Walker on McDon- 
ough Street ; thence continuing the same course across McDonough 
Street to the north mill-pond ; thence northerly by a direct line to 
the easterly end of North Street at the north mill bridge ; thence 
through the center of North Street to Dennett Street ; thence through 
the center of Dennett Street to Creek Street ; thence through the 
center of Creek Street and Newington Road to Dodge's Lane ; 
thence through the center of said lane to the westerly end thereof ; 
thence by a direct line to the junction of Sherburne Road with the 
new road leading from Myrtle Street to Newington ; thence through 
the center of said new road to the line between Portsmouth and 
Newington ; thence northerly by said line to Gosling Road ; thence 
easterly through Gosling Road to the river, and by the river east- 
erly of Noble's Island to the point begun at. 

Ward two shall contain all that part of said city included within 
a line beginning at the Spring Market and running through the 
center of Bow Street and Market Street, through Market Square 
and the center of Congress Street and Islington Street to a point 
opposite the easterly end of the house now occupied by Charles C. 
Jones ; thence southerly by the easterly end of said house ; thence 
by a direct line to the center of Cass Street opposite the center of 
State Street ; thence by a direct line to the junction of Middle 
Road and Lafayette Road ; thence through the center of Lafayette 
Road and South Road to Richards Avenue ; thence by a direct line 



1878.] Chapter 154. 285 

to Wentvvorth Street ; thence tli rough the center of Wentworth 
Street to the center of Pleasant Street ; thence to and through the 
center of Washington Street to Puddle Dock ; thence through the 
said dock to the river, and by the river to the point begun at. 

Ward three shall contain all that part of said city lying westerly ward three. 
of wards one and two and the center of Lafayette Road. 

Ward four shall contain all that part of said city not included ward four, 
in the above-described wards, including all the islands except 
Noble's Island. 

Sect. 2. The inspectors of check-lists and all ward officers in the ^"''•^ 9®f"' i „ 

1 ,■,..■,, time of choosing 

City of Portsmouth shall hereafter be elected biennially, or once in and term of 
two years only, on the Tuesday next following the first Monday in" 
November, and shall hold their respective offices for and during 
the term of two years, and until others are elected and qualified in 
their stead ; that the first election of inspectors of check-lists and 
ward officers under this law shall be held in November, A. D. 1878, 
and the second in November, A. D. 1880, and so every two years 
thereafter in every alternate November and upon the day herein 
before designated. 

The inspectors of check-lists and all ward officers now in office fh^^^-ifstf; "^^ 
in said city shall hold their respective offices until the Tuesday ^'^'^^^l^po'^^" *"* 
next following the first Monday in November, A. D. 1878, and 
until others are chosen and qualified in their stead. 

Sect. 3. At every election held in said city, there shall be ap- 
pointed and commissioned by the mayor two supervisors of check- 
lists and elections for each ward, who shall be, at the time of their 
appointment, voters in the ward in which their duties are to be 
performed, to be stationed on duty at the ward-room in their re- 
spective wards at every election, one of whom shall represent the 
leading minority political party of said city, one for each ward to 
be chosen by the majority political party of the board of aldermen 
of said city, and the other by the leading minority political party 
of said board of aldermen, who, before entering upon such office, 
shall be sworn to the faithful discharge of the duties thereof by the 
city clerk, and their term of office shall continue for the election 
to which they shall be chosen ; and they shall have the power of 
constables and police officers, and shall receive from said city the 
same compensation as is paid to moderators. Said supervisors 
shall attend the ward-room, or place of election to wliich desig- 
nated on election days ; shall have access to the desk or place 
where the check-list and ballot-box are kept ; shall see that no 
fraudulent vote is cast by parties personating others or in any other 
way ; and that voters have proper access to the polls. They shall 
be entitled to such a position in the desk or room where the ballot- 
ing is done as shall give them an opportunity at all times to examine 
the check-list and witness the checking ; and they shall also l)e 
entitled to have the ballot-box or boxes in which the ballots are 
deposited kept in such place and position that they may see and 
protect it from any fraud during the balloting, and until the votes 
are counted and declared, and neither said ballot-box or boxes, 
or the votes contained therein, shall be carried from the presence 
of such supervisors from the time the polls are opened until the 
polls are closed and the votes declared. They shall see that the 
moderator, in receiving votes and in counting the same in presence 



286 



Chapters 154, 155. 



[1878. 



Penalty for in- 
terfering witii 
them. 



Warrants and 
check-lists now 
posted, not in 



of the selectmen, and the clerk, in checking names, are not inter- 
fered with or molested. Nothing in this act shall be construed 
to authorize said supervisors to assume or exercise the authority 
of selectmen, moderator, or ward clerk, or to interfere with said 
officers in the discharge of their respective duties. 

Sect. 4. Any person interfering with said supervisors in the 
execution of the duties of their office shall be fined not less than 
fifty dollars nor more than one hundred dollars, or be imprisoned 
not more than six months, or both. On the request of the board 
of inspectors, the mayor shall detail such police force as may be 
necessary to preserve order and enable such supervisors to dis- 
charge their duties. In all elections in said city the polls in the 
several wards shall not l^e kept open later than six o'clock in the 
afternoon. 

Sect. 5. Nothing in this act shall invalidate the warrants and 
check-lists now posted in the several wards, as constituted prior ta 
validated by this i-i^jg act, for tlic elcctiou to be held on the first Tuesday of August, 
A. D. 1878, and said warrants shall be a sufficient and legal notice 
of said election in all the wards as constituted by this act ; and all 
business transacted at said election shall be legal and valid. And 
said check-lists, when corrected by the board of inspectors of check- 
lists to conform to the boundaries of the several wards as estab- 
lished by this act, shall be the check-lists to be used at said election. 
And all the inhabitants of that part of the city of Portsmouth 
which by this act is disannexed from wards one and two and an- 
nexed to ward three, who would have been entitled to vote in said 
wards one and two except for the provisions of this act, shall be legal 
voters in said ward three at said election, and their names shall be 
placed upon the check-list of that ward, but inspectors of check-lists 
and ward officers shall not, however, be then chosen. 

Sect. 6. All acts and parts of acts inconsistent with this act 
are hereby repealed. 

Sect. 7. This act shall take effect upon its passage. 

[Approved August 1, 1878.] 



Acts repealed. 



Takes effect, 
when. 



CHAPTER 155. 

AN ACT TO AMEND THE CHARTER OF THE PETERBOROUGH COMPANY 



Section 

1. Name changed. 

2. Each share of stock entitles to one vote. 



Section 

3. Powers enlarged. 

4. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened : — 



Name changed. Sect. 1. The uauie of Said corporatioii is hereby changed to the 

" P. C. Cheney Company," and by said name shall hereafter sue 

and be sued, and transact all its business. 

Each share of Sect. 2. The Stockholders of said corporation shall have one 

one vo^te*'*^*"* *° votc f or cvcry share of its capital stock owned by such stockholder, 

at all meetings of said corporation. 



1878.] Chapters 155, 156. 287 

Sect. 3. Said corporation may manufacture paper, paper-pulp, i'o'^<^r» enlarged, 
and leather-board, in addition to the g-oods now authorized, at Pe- 
terborough, or elsewhere in the State of New Hampshire. 

Sect. 4. This act shall take effect from and after its passage, wh'^n' **^^*^'' 

[Approved August 1, 1878.] 



CHAPTER 156. 

AN ACT TO INCORPORATE THE AMMONOOSUC TELEGRAPHIC COMPANY. 



Section 

1. Corporation constituted, 

2. Capital stock. 

3. May erect a telegraph line. 



Section 

4. First meeting. 

5. By-laws ; ofBcers. 
G. Takes effect, when. 



Be it enacted by the Senate and House of Mepreseyitatives in General 
Court convened : — 

Sect. 1. That A. P. Carpenter, William Child, James H. Fos- corp9''»t'op 

coustitut6d 

ter, F. P. Moulton, James T. Moulton, and Philip Carpenter, their 
associates and successors, are hereby created a body corporate by 
the name of the Ammonoosuc Telegraphic Company, with the 
power to construct, maintain, and operate a magnetic telegraph 
line in the^town of Bath, N. H., with all the rights, powers, and priv- 
ileges, and subject to the liabilities of corporations of a similar na- 
ture. 

Sect. 2. The capital stock of said corporation shall not exceed ^*p"*^ ^'<>^'^- 
the sum of five thousand dollars. 

Sect. 3. The said company is authorized to locate and construct g^*^"j|^g*'®'^ 
its line aforesaid in said town of Bath, over any highway, and over 
private property for which permission shall have been obtained, and 
if permission cannot be obtained, compensation shall be determined 
in the same manner as damages for land taken for highways ; pi'o- 
I'ided, that said company shall comply with such regulations as the 
public safety may require. 

Sect. 4. Any two of the persons named in this act may call the First meeting, 
first meeting of this corporation by giving written notice to the 
other persons therein named. 

Sect. 5. This corporation shall have the right to make by-laws ^^y-J-^'^* ^ ^^' 
for its government, choose officers, and do all other things neces- 
sary for the management of its affairs not inconsistent with the 
constitution and laws of this state. 

Sect. 6. This act shall take effect from its passage, and the leg- ^^,^„! ^*^^^' 
islature may, at any time, alter, amend, or repeal the same. 

[Approved August 1, 1878.] 



Chapter 157. 



[1878. 



CHAPTER 157. 

AN ACT TO AUTHORIZE THE TOWN OF HAMPTON TO PURCHASE CERTAIN 
MILL PROPERTY IN SAID TOWN, AND REMOVE THE SAME TO PREVENT THE 
FLOW AGE OF CERTAIN LANDS, AND ALSO TO ASSESS SAID LANDS TO PAY 
FOR SUCH PURCHASE AND REMOVAL. 



Section 

1. Town authorized to purchase and remove cer- 

tain property. 

2. Board of assessors. 

3. Selectmen to purchase and remove mill and 

dam. 



Section 

4. Town may authorize selectmen to borrow mon- 

ey to pay expense of purchase and removal. 

5. Flowage tax to be levied. 

6. Land subject to flowage tax exempt from other 

taxes. 

7. Takes effect, when. 



Be it enacted hy the Senate and House of Representatives in Greneral 
Court convened : — 



Town author- 
ized to purchase 
and remove cer- 
tain property. 



Board of assess- 
ors. 



Selectmen to 
purchase mill 
and dam. 



Town may au- 
thorize select- 
men to borrow 
money to pay 
expense of pur- 
chase and re- 
moval. 

Flowage tax to 
belevied. 



Sect. 1. The town of Hampton is hereby authorized to pur- 
chase certain property in said town, known as Perkins's tide-mill, 
and to remove the same and the dam connected therewith, and do 
all things necessary to give the waters in the Meadows Plantation 
and Spring Marsh Lands their natural flow into Hampton River. 

Sect. 2. The selectmen of Hampton shall, within thirty days 
after this act shall have been adopted by said town, notify all per- 
sons interested in said Meadows Plantation and Spring Marsh 
Lands, by posting notices in two or more public places in said town, 
and in two or more public places in the adjoining town of North 
Hampton, to appear at the time named therein, at the town hall 
in said Hampton, then and there to choose two suitable persons to 
represent the owners of said land in a board of assessors ; the per- 
sons so chosen, together with the selectmen of the said town of Hamp- 
ton, shall constitute a board of assessors whose duty it shall be, af- 
ter having been sworn, to examine all the lands in the Meadows 
Plantation and Spring Marsh in said Hampton, and appraise the 
same at their true value in money ; they shall receive and consider 
all such evidence as may be offered relative to the value of said 
lands. Said board of assessors shall make an inventory of said 
land, giving the name of each owner, or the person to whom the 
same is taxed, and such further description as they shall deem nec- 
essary, and return the same under their hands to the clerk of said 
town, who shall record the same in the records of said town. 

Sect. 3. The selectmen of said town of Hampton are hereby 
authorized to purchase for said town said Perkins's tide-mill and 
the dam connected therewith, and remove the same so as to give 
the waters running through said Meadows Plantations and Spring 
Marsh Lands free and unobstructed flow into Hampton River. 

Sect. 4. The said town of Hampton may authorize its select- 
men to borrow money and give the notes of the town for the amount 
of the purchase money of said Perkins's mill and the dam connected 
with said mill and the expenses of removing the same. 

Sect. 5. The selectmen of the said town of Hampton are here- 
l)y authorized to assess a tax in one or more years, as the town may 
direct, on all the lands returned by said board of assessors as here- 
in before provided, sufficient to pay the costs of the purchase and 



1878.] Chapters 157, 158. 289 

removal of said iiiill and dam, and the interest that may accrue up- 
on the costs of said purchase and removal, and five per cent addi- 
tional for abatements and expenses. Said tax shall be called the 
flowage tax, and the land so taxed shall l)e holden for tlie payment 
of such tax, and the collector of said town shall have the same au- 
thority to collect the same as in the collection of taxes for school 
and town puri)oses. 

Sect. 6. The said town of Hampton may, by vote, exempt the ^^*j;.^g*^'^f ^^'* 
lands subject to said flowage tax from all other taxes, so long as empt from ouier 
said flowage tax shall be assessed. 

Sect. 7. This act shall not take effect until adopted by the townTaVeseSfect, 
of Hampton at a legal meeting held for that purpose. 

[Approved August 1, 1878.] 



CHAPTER 158. 

AN ACT TO INCORPORATE THE YOUNG LADIES' LIBRARY ASSOCIATION OF 

PLYMOUTH. 

Section i Section 

1. Corporation constituted. 4. First meeting. 

2. Limitation of property. 5. Takes effect, when. 

3. By-laws. | 

Be it enacted hy the Senate and House of Representatives in Cieneral 

Court convened : — 

Sect. 1. That Caroline R. Leverett, Winifred A. Webster, Corporation 
Annie M. Dearborn, Clara T. Clark, Ida M. Payne, Lizzie A. Dodge, 
Carrie E. Hall, Julia E. Hobart, Carrie E. Cummings, Ada E. 
Keniston, Lillie Bulfinch, Eliza A. Cummings, M. Ella Calley, 
Margaret C. Webster, Belle B. Leighton, M. Emma Merrill, Bessie 
S. Council, Hattie C. Russell, Lena M. Cutler, Martha H. Leverett, 
Jennie Parke, Blanche Farnsworth, Carrie E. Baker, Mary M. Bar- 
rows, May E. Connell, Grace G. Robinson, Lilla M. Tenney, 
Harriet W. Rogers, Kate H. Balch, Emily Balch, and Kate Mc- 
Questen, their associates, successors, and assigns, be and hereby are 
constituted a corporation by the name of the Young Ladies' Library 
Association of Plymouth, for the purpose of promoting knowledge 
and skill among the members and the community at large by the 
establishment of a library, with all the powers and privileges, and 
subject to all the duties, liabilities, and restrictions common to 
corporations of a similar nature. 

Sect. 2. Said corporation shall have power to hold, by gift,i'jjj^'*^*'<"*°^ 
grant, devise, bequest, purchase, or otherwise, real and personal 
estate not exceeding the value of twenty thousand dollars. 

Sect. 3. Said corporation may adopt such rules and by-laws, By-iaws. 
not repugnant to the laws of this state, as they may deem proper. 

Sect. 4. Any three of the grantees may call the first meeting First meeting, 
of the corporation by posting notices of the same in two public 
places in Plymouth, at least one week before the day of the meeting. 

Sect. 5. This act shall take effect on its passage. wi«!^^*^'^'^' 

[Approved August 1, 1878.] 
19 



2P0 



Chapter 159. 



[1878^ 



CHAPTER 150 



AN ACT TO INCORPORATE THE FOREST FIBER COMPANY, 



Section 

1. Corporation constituted. 

2. Purpose ; limitation of property. 

3. Capital stock. 



Section 

4. First meeting ; officers. 

5. Subject to repeal ; takes effect, whci: 



Be it eiiacted hy the Senate and House of Represejitatives in General 
Court convened : — 



Corporation 
constituted. 



tion of property. 



Sect. 1. That Henry H. Furbish, Robert J. Carpenter, William 
W. Brown, and Charles R. Milliken, their associates, successors, 
and assigns, be and they hereby are made a body politic and corpo- 
rate by the name of the Forest Fiber 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 made subject to all the liabilities by law incident 
to corporations of a similar nature. 
Purpose ; limita- Sect. 2. Said corporatiou is hereby authorized and empowered 
to establish, maintain, manage, and carry on in the town of Berlin^ 
in this state, the business of manufacturing wood-pulp and paper, 
and the products of them, and to acquire and hold all personal and 
real estate necessary or convenient for conducting the business of 
said corporation, not exceeding in value one hundred thousand dol- 
lars, and may sell, convey, and dispose of the same at pleasure. 

Sect. 3. The capital or joint stock of said corporation shall not 
exceed in amount the sum of one hundred thousand dollars, nor 
less than forty thousand dollars, and shall be divided into shares 
of one hundred dollars each. 

Sect. 4. Either of the persons named in this act may call the 
first meeting of said corporation by giving, in writing, at least 
seven days' previous notice to each of the persons named herein, at 
which meeting, or at an adjournment thereof, all necessary officers 
and agents may be chosen, by-laws for the regulation and govern- 
ment of said corporation not inconsistent with the constitution and 
laws of the state may be established, and any other business trans- 
acted as may be necessary to carry into effect the purposes of said 
corporation. 

Sect. 5. The legislature may at any time alter, amend, or re- 
peal this act, and this act shall take effect from its passage. 

[Approved August 1, 1878.] 



Capital stock. 



First meetin 
officers. 



Subject to re- 
peal ; takes ef- 
fect, when. 



1878.] Chapter 160. 291 



CHAPTER 160. 

AN ACT IN ADDITION TO THE ACTS TO INCOIIPOIJATE THE PORTSMOUTH, 
GHEAT FALLS, AND CONWAY KAILKOAD. 



Section 

1. Corporation authorized to secure indebtedness 

by mortgage. 

2. Authorized to lease its road. 



Section 

3. Existing contraot not affected by tliis act. 

4. Takes effect, when. 



Be it enacted ly the Senate and House of Representatives in Creneral 
Court convened : — 

Sect. 1. The Portsinoutli, Great Falls, and Conway Railroad corporation au- 
are liereby authorized to mortgage their franchise, railroad, and all cu?e indebted- 
other property* to secure their existing indebtedness in such manner glll!'^ "^°^^ 
and on such terms as they may deem expedient ; provided^ that the 
terms of said mortgage shall be first assented to by the holders of 
at least ninety per cent of the one million of dollars in bonds 
already issued by said corporation. 

Sect. 2. The fourth section of chapter four thousand three A^t^"?[^^e^J,o 
hundred and thirty-six of the statutes of this state, approved 
the third day of July, A. D. 1866, entitled, " An act in addition 
to an act to incorporate the Portsmouth, Great Falls, and Conway 
Railroad," is hereby amended by striking out of said fourth section 
the words " in this state," " or to sell," so that the same shall read 
as follows: "And said Portsmouth, Great Falls, and Conway 
Railroad are hereby authorized and empowered to lease for any 
period of time their said railroad and franchise and property to 
any railroad corporation upon such terms and conditions as may 
be agreed on, and approved by the railroad commissioners and the 
governor and council, the provision of any other act to the con- 
trary notwithstanding." 

Sect. 3. Nothing in this act contained shall be taken or deemed Existing co"!- 

^^ ^ . . fr. 1 , , tract not af - 

to affirm or disamrm, or m any wise anect any lease or contract feeted by tins 
for the use and operation of the railroad and railroad property of *'''■ 
the Portsmouth, Great Falls, and Conway Railroad, now claimed to 
exist and be in force. 

Sect. 4. This act shall take effect when accepted by a majority Takes effect, 
vote of said corporation at any meeting called for that purpose. 

[Approved August 9, 1878.] 



292 



Chapter 161. 



[1878. 



CHAPTER 161. 

AN ACT IN AMENDMENT OF AN ACT ENTITLED, " AN ACT TO ESTABLISH 
THE CITY OF CONCORD," APPROVED JULY 6, 1849. 



Section 

1. Elections to be held biennially in November, 

etc. 

2. Aldermen and common councilmen to be 

chosen biennially. 

3. Biennial meeting. 

4. Time of qualification of officers. 

5. Police justice to exhibit account of fees an- 

nually in September. 

6. City council to publish annually in October 

account of expenditures. 



Section 

7. City clerk to be chosen biennially in November. 

8. City treasurer and subordinate officers to be 

chosen in November biennially. 

9. Assessors to be chosen biennially in Novem- 

ber. 

10. Special justice of police court to exhibit ac- 

count of fees in September annually. 

11. Tenure of offices. 

12. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in General 
Court convened: — 



Elections to he Sect. 1. That the act entitled, "An act to establish the city of 
in November,^ Coiicord," approvcd Jiilj 6, 1849, be and the same is hereby amend- 
*'^"^" ed by striking out section six of said act and substituting in the 

place thereof the following : — 

" Sect. 6. The meetings of the inhabitants for the choice of 
city and ward officers shall be holden on the Tuesday next after 
the first Monday in November, biennially, the first meeting to be 
holden in November, 1878 ; and all city, ward, and town officers 
who are chosen by the people shall be chosen by ballot and shall 
hold their respective offices for two years and until others are 
chosen and qualified to act in their stead. 

" The clerk shall record the votes and proceedings of all town 
and ward meetings, shall enter on the records the names of all 
persons voted for and the number of votes given for each in words 
at length. 

" The clerk shall deliver to his successor in office all the records, 
books, journals, documents, and other things held by him in his 
capacity as clerk." 

Sect. 2. That section seven of said act be amended by striking 
out the word " annual " in the first line thereof, and inserting in- 
stead thereof the word " biennial." 

Sect. 3. That section eight of said act be amended by striking 
out the word " annual" in the first line, and inserting the word 
" biennial " instead thereof. 

Sect. 4. That section nine of said act l)e amended by striking 
out the words " third Tuesday of March in each year " in the 
fourth and fifth lines, and inserting instead thereof the words " on 
the Tuesday next after the day of their election ; " and by striking 
out the words " third Tuesday in March " in the fifteenth line, and 
inserting instead thereof the words " on the Tuesday next after the 
day of their election." 
exhibit "^count ^^^"^- 5. That scctiou sixteen of said act be amended by striking 
of fees annu.aiiy out the woi'd " Jaiiuarv, " aiid inserting in the place thereof the 

in September. i tt o j. i )? 

word " September. 
SwishTnnuiny Sect. 6. That section eighteen of said act be amended by in- 
rou^'t*of'"x''*^n serting after the words "once in every year at least, " the words 
ditmes. ^'''^^"" " in the month of October." 



Aldermen and 
common council- 
men to be 
»'hosen bien- 
nially. 

Biennial meet- 
ing. 



Time of qualifi- 
cation of officers 



1878.] 



Chapters 161, 162. 



293 



Sect. 7. That section twenty-two of said act ])e amended by ^///J^*'^!'^,',;.' ^<' 
striking out the words " annually on the third Tuesday of March," jj'a"y '« ^'o- 
and inserting instead thereof the words " biennially on the Tuesday 
next after the day of their election." 

Sect. 8. That section twenty-three of said act be 'amended Ijy amuubmunlte 
striking out the words " April annually, " and inserting instead o^-^ers to be 
thereof the words "November biennially." vemberbien- 

Sect. 9, That section twenty-four of said act be ^iifi^nded by °'^^J^Jj^^^ ^^ ^^ 
striking out the word " annual, " and inserting instead thereof the chosen wen- 

1 ,. , . . 1 ,, nially in Novem- 

word " biennial. ber. 

Sect. 10. That section two of an act entitled, "An act in amend- ^Pfi^4^',.j,ur*t*to"' 
raent of the charter of the city of Concord," approved June 24, exhibit account 
1858, be amended by striking out the word "January" and sub- tJ,nber,'annT 
stituting instead thereof the word "September." *">• 

Sect. 11. All city officers elected in March last shall hold their Tenure of offires. 
offices for one year; and the officers elected in November next 
shall take their places on the third Tuesday of March next, and 
hold till the Tuesday next after the election in November, 1880. 

Sect. 12. This act shall take effect on its passage. t^*'^ effect, 

[Approved August 16, 1878.] 



CHAPTER 162. 

AN ACT IN AMENDMENT OF THE CHARTER OF THE CITY OF KEENE. 



Section 

1. Supervisors of check-lists to be chosen bien- 

nially in November. 

2. Meetings for correction of check-lists. 

3. Check-lists to be used at elections and be pre- 

served. 

4. Organization of board. 

5. Supervisors to be police officers on election 

days. 

6. Supervisors have powers and privileges of se- 

lectmen. 



Sectiok 

7. Vacancy in board. 

8. Ward canvassers. 

9. Compensation of supervisors. 

10. Five supervisors to be appointed to serve until 

others are elected. 

11. To be sworn. 

12. Not to hold ofBce of selectman. 

13. Acts repealed ; takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 



Sect. 1. There shall be elected in each ward, on the first Tues- supervisors of 



check-lists to be 



day after the first Monday in November next, by major vote, and chosen wen- 
at each biennial state election thereafter, one supervisor of check- "ember" 
lists, and the supervisors thus elected shall constitute a joint board 
whose duty it shall be to canvass each ward, at least twenty days 
preceding the posting of the check-lists, as now prescribed by law, 
to obtain as near as possible a list of the legal voters, from which 
they shall make up an alphabetical list of all the legal voters of 
each ward. Certified copies of said lists shall be given into the 
hands of the selectmen of the several wards seventeen days pre- 
vious to every election, which copies shall be posted by the select- 
men as now required by law. 



294 Chapter 162. [1878. 

Meetings for cor- Sect. 2. Said siipervisoi's shall publish in the newspapers of the 

rection of clieck- . i . i -, , • ^. p.i 

lists. City, at least niteen days previous to every election, a notice oi the 

time and place of meeting for the correction of said check-lists, and 
also give notice of the same on the aforesaid copies in the same man- 
ner as now provided ]3y law for selectmen, which meetings shall be : 
the first, not less than five days previous to election (exclusive of 
Sunday), and the last meeting on the day preceding every election, 
from the hours of two p. m. to six p. m. and from seven p. m. to ten 
p. M., on each of said days, and no name shall be added to said 
check-lists after the last meeting, except such name as may have 
been left off through mistake ; and not then, unless the supervisor 
in attendance, in any ward where such omission occurs, shall 
have positive knowledge or information that said person has been a 
resident of the city for the period of one year, and in the ward six 
months. 

Swiatdect'ions Sect. 3. Tlic scvcral check-lists, as finally corrected by the 

and be pre- supci'visors, sliall bc retumcd to the selectmen of their respective 
wards before the hour of meeting, and shall be used in voting at 
every election ; and the clerk of each ward shall, within ten days 
after every election, leave said lists with the city clerk to be pre- 
served. 

bofrd"'''''''" °' Sect. 4. Said supervisors shall meet and organize by electing 
one of the board as chairman, said chairman selecting, with advice 
and consent of the other members, one of their number to serve 
in each ward at all elections, said supervisor to serve in another 
ward than the one in which he was elected, or is a voter, whose 
duty it shall be to decide all contested cases which may arise by 
reason of omission as herein before mentioned. 

supervi^rstobe ^ect. 5. Said sui^crvisors shall be commissioned by the mayor 

police ofticers on K-i>v,j-.^. r-n i-iini o ^ • t i i 

election days, to act as policc officers, whicli shall be for election days only; and 
they shall remain in attendance at the poUs'during every election 
day, unless necessarily absent. 

Supervisors have Sect. 6. Said supciwisors shall have the same powers and be 

powers and priv- i i i • i r r 

iiegesof select- entitled to the same protection by law, while in the performance oi 
their duties, as is now afforded to selectmen while in attendance 
correcting the check-lists, or otherwise in the performance of their 
duties, and may require the presence of policemen to preserve order, 
if necessary. 

Vacancy in Sect. 7. Tlic 'mavor aud board of aldermeu sliall liavc powcr to 

board. " 1.1 •niic • 

fill any vacancy which may occur m the board of supervisors. 

Ward assessors. Sect. 8. Tlic cliairiiian of the board of supervisors shall select 

the ward canvassers, which shall be not less than two for each 

ward. 

Compensation of Sect. 9. The iiiayor and board of aldermen shall fix the com- 

supeivis as. pgi;jgr^tion of the board of supervisors, which shall not be over two 

dollars and fifty cents per day for actual service. 
?clb?appoiited Sect. 10. The board of aldermen shall, on or before the first 
to serve until oth- (lay of Octobcr iicxt, appoint live supervisors, one from each ward, 
and the persons so appointed shall, upon taking the oath of office 
])y law prescribed, have and shall possess and enjoy all the power 
vested by law to l)e performed l^y such ofticers for the first meeting 
held for the election of such supervisors, who sliall perform all the 
duties thereof until others are elected in their places as provided 
l)y section first of this amendment. 



1878.] 



Chapters 162, 163. 



295 



Sect. 11. Said board of supervisors sliall, before enteriii;^- upon Toi>e sworn, 
the duties of their oflice, l)e sworn to the faithful discharge of their 
duties. 

Sect. 12. No member of the board of supervisors during his j!;|^''^^ ^'^/^^^.j^' 
term of office shall hold the office of selectman. »'a°- 

Sect. 13. All acts and parts of acts inconsistent with the pro- A'j^t«^i-epea|ed 
visions of this act are hereby repealed, and this act sliall take effect when, 
from its passage. 

[Approved August 10, 1878.] 



CHAPTER 163 



AN ACT IN RELATION TO THE CITY OF MANCHESTER. 



.Section 

1. City divided into eight wards. 

2. Biennial elections. 

3. What officers to be elected. 

4. Present officers to hold until January, 1879. 

5. Inspectors of fcheck-lists, organization and 

compensation. 

6. Their duties. 

7. Meetings for correcting check-lists. 

S. Ward clerks to preserve ballots and check- 
lists. 

9. Penalty for procuring name to be illegally put 
on list. 

10. Penalty for wrongfully altering check-lists. 

11. Supervisors of check-lists. 



Section 

12. Their powers and duties. 

13. Penalty for interfering with tliem in the dis- 

charge of their duties. 

14. Oath to be taken by inspectors. 

15. Time of opening and closing polls. 
IG. Punishment for official misconduct. 

17. Police court a court of record ; clerk. 

18. Justice and clerk to account to treasurer. 

19. Salaries of justice and clerk. 

20. School committee. 

21. Powers and duties. 

22. Superintendent of schools ; his duties and 

compensation. 

23. Acts repealed ; takes effect, when. 



Be it enncted by the Senate and House of Pteprescntatives in General 
Court convened : — 



Sect. 1. The city of Manchester herel)y is, and shall continue city divided into- 
to be, divided into eight wards, which shall be constructed as fol- ° 
lows : — 

Ward Xo. 1 shall include that part of said city bounded west by ward one. 
the Merrimack River, north by the center line of Brook street and 
Brook street produced west to Merrimack River, east by the center 
line of Elm street, and south by the center line of Market street 
and Market street produced to the Merrimack River. 

Ward No. 2 shall include that part of said city bounded on theWarJtwo. 
north by Hooksett, east by the Mammoth road, south by the center 
line of Orange street produced to Mammoth road, and center line 
of Orange street to center line of Elm street ; thence on the west 
by center line of Elm street to center line of Brook street ; thence 
on the south by center line of Brook street and center line of Brook 
street produced across the Merrimack River to Goffstown ; thence 
on the west by Goffstown to Hooksett. 

Ward No. 3 shall include that part of said city bounded north ward tiu-ee. 
by center line of Orange street and center line of Orange street 
produced to Mammoth road, east by the Mammoth road, south l)y 
center line of Concord street and center line of Concord street pro- 
duced to the Mammoth road, and w^est by center line of Elm street. 



290 



Chapter 163. 



[1878v 



Ward five. 



Ward six. 



Ward seven. 



Ward eight. 



Biennial elec- 
tions. 



What oflScers to 
be elected. 



Present officers 
to hold until 
January, 1879. 



Inspectors of 
<-heck-list8 ; or- 
ganization and 
compensation. 



"Ward No. 4 shall include that part of said city bounded north 
by center line of Concord street and that line produced to the 
Mammotli road ; thence on the east by the Mammoth road to cen- 
ter line of Laurel street produced to the Mammoth road ; thence 
on the south by the center line of Laurel street produced to the 
Mammoth road, and Laurel street to center line of Chestnut street ; 
thence on the west by center line of Chestnut street to Manchester 
street ; thence on the south by center line of Manchester street to 
center line of Elm street ; thence on the west by center line of 
Elm street to center line of Concord street. 

Ward No. 5 shall include that part of said city bounded as fol- 
lows : south by center line of Auburn street from center line of 
Beech to center line of Elm street ; thence on the west by center 
line of Elm street to center line of Manchester street ; thence on 
center line of Manchester street east to center line of Chestnut 
street ; tlience on center line of Chestnut street south to center 
line of Laurel street ; thence on center line of Laurel street east to 
center line of Beech street ; thence on center line of Beech street 
south to center line of Auburn street. 

Ward No. 6 shall include all that part of said city lying east of 
the Merrimack river, not included in wards Nos. 1, 2, 3, 4, 5, and 
7, as constituted by this act. 

Ward No. 7 shall include that part of said city bounded north by 
the center line of Market street and that line produced to the Mer- 
rimack River, east by the center line of Elm street, south by the- 
center line of Cove street and that line produced to the Merrimack 
river, and west by the Merrimacl?; River. 

Ward No. 8 shall include all that part of said city lying west of 
the Merrimack River not included in Ward No. 2, as constituted by 
this act. 

Sect. 2. The first meeting under this act of the inhabitants of 
said city, for the choice of city and ward officers, shall be holden 
on the Tuesday next following the first Monday in November, 1878, 
and thereafter biennially, on the Tuesday next following the first 
Monday in November ; and all city and ward officers who are chosen 
by the people shall be chosen by ballot, and shall hold their respect- 
ive offices for two years from the first Tuesday of January next fol- 
lowing, and until others are chosen and qualified in their stead. 

Sect. 3. Each ward shall, at the biennial meeting, in addition 
to the other officers required by law, choose one alderman and three 
members of the common council, one assessor, one member of 
school committee, one overseer of the poor, and one inspector of 
check-lists ; and the clerk shall, within twenty-four hours after 
such choice, deliver to each person elected to either of said offices a 
certificate of his election, signed by himself, the moderator, and a 
majority of the selectmen. 

Sect. 4. All city and ward officers of said city, chosen by the 
people, now in office, shall hold their respective offices until the first 
Tuesday of January, 1879, and until others are chosen and quali- 
fied in their stead. 

Sect. 5. The inspectors of check-lists of the several wards 
shall be a board of inspectors of the check-lists of the wards in 
said city. They shall, before entering upon the duties of their of- 
fice, be sworn to the faithful discharge of the duties of said office, 



1878.] Chapter 163. • 297 

and a certificate thereof be recorded by the city clerk, in the rec- 
ords of said city. Any vacancy occurring in said board of inspect- 
ors, by death, resignation, or otherwise, shall be filled by the city 
councils in convention, by electing a person, in the ward in which 
such vacancy occurs, to perforin the duties of that office. .Said in- 
spectors shall receive such compensation as the city councils may 
determine. A majority of said inspectors shall be a quorum for 
the performance of the duties required by this act. Said inspectors 
shall choose a chairman and clerk from their own number. The 
clerk shall keep a record of the proceedings of said board in a book 
to be provided by the city for that purpose, and shall file the same 
with the city clerk. 

Sect. 6. Said inspectors shall prepare, revise, correct, and put Their duties, 
up, as provided by law for supervisors of check-lists in towns to do, 
an alphabetical list of the legal voters in each ward ; and for 
that purpose shall have access to any books or lists belonging to 
said city, or to any ward in said city, and shall be entitled to the 
assistance of any of the city or ward officers they may require, and 
they shall deliver an attested copy of the lists so prepared and cor- 
rected to the clerks of the respective wards, before the opening of 
the polls for elections in said wards ; and the said ward clerks shall 
use the lists so prepared and corrected, and no others, at the elec- 
tions in said wards. In preparing the lists of voters, said inspect- 
ors shall record the first or Christian name of each voter in full, 
but may use the 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 voters. 

Sect. 7. The said board of inspectors shall be in session at the Meetings for 
city hall, or such other place as they shall designate, for the pur- cueckMufs. 
pose of revising and correcting the check-lists, six days next pre- 
ceding the day of election (not including Sunday), from nine a. m. 
to twelve M., and from two p. m. to five P. M., and on the evenings 
of the last three of said days from seven to nine o'clock, and on 
the days of election from eight a. m. until six o'clock p. m., and 
any person may then and there appear and be heard with regard to 
his right to be registered and to vote, and the said board may re- 
quire the oath of such person so claiming the right to vote, and cor- 
roborating evidence, if not otherwise fully satisfied of the truth of 
his declaration. They may prescribe such regulations, and require 
the aid of such police, as shall secure order and the right of eacli 
man to be heard ; and there shall be no abridgment of the elective 
franchise, or other qualifications required than those now required 
by the laws of the state. 

Sect. 8. The clerks of the several wards shall preserve the wa"i fieri^^ to 

. 11,. TiTii preserve ballots 

ballots cast and counted at each election, and deliver the same, ami check-usts. 
together with the check-lists used at such elections, immediately 
after the adjournment of such meeting, to the supervisors of 
elections appointed for said ward. 

Sect. 9. Any person procuring; his name to be illegallv placed P«'".a'f>f'''^p^o- 

-'1 i o _ r- .. 1 curing name to 

on the check-list, by any false representation or statement, upon be megaiiy put 
conviction thereof shall be punished by a fine not exceeding fifty °" 
20 



298 



Chapter 163. 



[1878. 



Penalty for 
wrongfully al- 
tering check- 
lists. 



Supervisors of 
check-lists. 



Tlieir powers 
and duties. 



dollars, or by imprisonment in the county jail not exceeding sixty 
days. 

Sect. 10. If the moderator, selectmen, ward clerk, or any other 
person, shall alter any check-list after the same sliall have been 
delivered by tlie inspectors to the ward clerk, by adding any name 
or names thereto, or erasing any name or names therefrom, or in 
any way changing the lists, such officers or person so offending shall 
be punished by a fine not exceeding five hundred dollars, or im- 
prisonment in the county jail not exceeding six months ; provided, 
hoiuever, that in case the name of any person has been accidentally 
omitted from such list, and who, the inspectors are satisfied, is a 
legal voter, the said inspectors may certify the same to the moder- 
ator, who shall receive his vote, and the clerk shall check the name 
of such person so voting on the back of said certificate, and shall 
return the same to the inspectors. 

Sect. 11. At every election held hereafter in said city, there 
shall be appointed and commissioned by the mayor, two super- 
visors of check-list and elections for each ward, wlio shall be at 
the time of their appointment voters in the ward in which their 
duties are to be performed, stationed on duty at the ward room in 
their respective wards at every election, one of whom, at least, 
shall represent tlic leading minority political party of said city ; 
one for each ward to be chosen by the majority political party of 
the board of aldermen, and the other by the leading minority 
political party of the board of aldermen for said city, who, before 
entering upon such office, shall be sworn to the faithful discharge 
of the duties thereof, and their term of office shall continue for the 
election to which tliey shall be appointed ; and for the purposes 
of this act they shall have the power and authority of constables 
and police officers, and shall receive from said city the same com- 
pensation as is paid to special policemen. 

Sect. 12. Said supervisors shall attend the ward-room or place 
of election to which designated, on election days ; shall have access 
to the desk or place where the check-list and ballot-box are kept ; 
shall see that no fraudulent vote is cast by parties personating 
others ; that voters have proper access to the polls. They shall be 
entitled to such a position in the desk or room where the balloting 
is done as shall give them an opportunity at all times to examine 
the check-lists and witness the checking ; and they shall also Ije 
entitled to have the ballot-box, or boxes in which the ballots are 
deposited, kept in such place and position that they may see and 
protect it from any fraud during the balloting, and until the votes 
are counted and declared ; and neither said ballot-box or boxes, or 
the votes contained therein, shall be carried from the presence of 
such supervisors from the time the polls are opened until the polls 
are closed and the votes declared. They shall see that the moder- 
ator, in receiving votes and in counting the same in presence of 
the selectmen, and the clerk, in checking names, are not inter- 
fered with or molested. Immediately after the declaration of the 
votes by the moderator, the said sui)ervisors shall receive the ballots 
and check-list, carefully seal the same, and return them to the 
board of inspectors ; and the said inspectors shall, within two days 
thereafter, in presence of such supervisors, count the votes and 



1878.] Chapter 163. 299 

make a record thereof, and examine the clieck-lists, counting tliosc 
names checked and those not checked, and recording tlie number 
of each, and shall furnish the city clerk with an attested coi)y of 
said record, and said lists and votes shall remain in tlie custody of 
said inspectors. Nothing in this act shall l^e construed to authorize 
said supervisors to assume or exercise the authority of selectmen, 
moderator, or ward clerk, or to interfere with said ofificers in the 
discharge of their respective duties, from the opening to the closing 
of the polls. 

Sect. 13. Any person interfering with said supervisors in the due Penalty for in- 
execution of the duties of their office, shall be fined not loss than them in the dis- 
fifty dollars nor more than one hundred dollars, or be imprisoned in dutL^s*!"^ *''^"^ 
the county jail not more than six months. On the request of said 
supervisors, the mayor shall detail such police force as may be 
necessary to preserve order, and enable such supervisors to dis- 
charge their duties. 

Sect. 14. The inspectors of check-lists shall, before the check- !-'**.'' *<* ''f t*'^"' 
lists are delivered to the clerks of the several wards, take and sul)- 
scribe the oath required to be taken Ijy supervisors of check-lists of 
towns. 

Sect. 15. In all elections in said city, the polls shall be opened ^j^™^^°^^p®"'°" 
at nine o'clock in the forenoon, and lie kept open until six o'clock poiu. 
in the afternoon and not later. 

Sect. 16. Any supervisor, inspector, or other officer of election, P^i^h™?"*^"'' 
whose duty it is to guard the ballot-box, or to receive, count, cer-duct. 
tify, register, report, or give effect to the vote of any citizen of any 
ward in [said] any city, shall forfeit the sum of five hundred dollars 
to the party aggrieved by any arrest, refusal, or omission, contrary to 
the provisions of this act, to be recovered by an action on the case 
with costs, and any officer or other person neglecting or refusing to 
comply with the terms of this act, or offending against the provis- 
ions hereof, shall, upon conviction thereof, be punished by impris- 
onment in the county jail not more than six months, or be fined 
not exceeding five hundred dollars, to be paid for the use of the 
county of Hillsborough. 

Sect. 17. The police court of said city, as heretofore constituted, ^^^|fj.«^o"»"t^ 
shall be a court of record, and the justice thereof shall, from andciert. 
after the passage of tliis act, appoint some suitable person to be 
clerk thereof, who shall perform all duties pertaining to the office 
of clerk of said court. He shall hold his office during the pleasure 
of the justice of said court, and until some other person shall be 
appointed and qualified in his stead ; he shall give a bond for the 
faithful performance of the duties of his office, to the satisfaction 
of the mayor and aldermen. 

Sect. 18. The justice and clerk of said court shall, once in -Justice and cierk 

J . 1 1 p *° account to 

three months, render to the city treasurer an account under oatli ot treasurer. 
all fees and costs by them received, and shall, at the time afore- 
said, pay over to said treasurer all such fees and costs. 

Sect. 19. The salary of the justice of said court shall be fifteen ^.'^'-'^'''^.^tJV^- 

Ti I'l iir-T ''"^^ **"" clerk. 

hundred dollars per annum, and the salary ot the clerk ot said court 
shall be four hundred dollars per annum, which said salaries shall be 
paid in quarterly payments out of the city treasury, and the salaries 
so received shall lie in full for services of every kind rendered by 
them in the discharge of all the duties pertaining to their office. 



300 



Chapter 163. 



[1878. 



School commit- 
tee. 



Powers and 
duties. 



Superintendent 
of schools ; liis 
duties and com- 
pensation. 



Acts repealed ; 
takes effect, 
■when. 



Sect. 20. The school committee elected by the several wards in 
said city shall compose a board and shall sit and act together as 
one body. The mayor and president of the common council shall 
be ex-officio members of said board, and shall have all the powers 
and privileges to which the other members of said school committee 
are by law entitled, and the mayor shall be chairman of the board. 

Sect. 21. Said board of school committee shall have the power 
to provide for the care of, and make such occasional repairs upon 
school-houses and furniture as may be necessary, not exceeding in 
amount the sum appropriated therefor by the city councils of said 
city ; to regulate the time and manner of tlie payment of the sala- 
ries of teachers ; and shall possess such of the powers and perform 
such of the duties of superintending and prudential committees not 
by law conferred upon said city. 

Sect. 22. Said school committee shall, in the month of June, 
1880, and biennially in the month of June tliereafter, elect some 
suitable person to be superintendent of public instruction in said 
city, who shall hold his office for two years from July first next en- 
suing after his election. If any vacancy shall occur in said office, 
by resignation or otherwise, said committee shall fill the same. 
Said superintendent shall exercise the general supervision of the 
public schools in said city under the direction of the school com- 
mittee, and shall perform such duties, now required of the superin- 
tending school committee of towns, as relate to visiting schools,- 
and shall assist in the examination of teachers and scholars. He 
shall make an annual report to the board of school committee, at 
such time as said committee shall determine, and shall report his 
proceedings and the condition and progress of the schools to the 
said school committee as often and in such manner as they may 
require, and shall perform such other duties as may be required of 
him by said board of school committee as are not repugnant to the 
laws of the state, and shall receive such compensation as said board 
of school committee may determine ; but such compensation shall 
not be diminished during his continuance in office. 

Sect. 23. All acts and parts of acts inconsistent with the pro- 
visions of this act are hereby repealed, and this act shall take effect 
upon its passage. 

[Approved August 16, 1878.] 



\ 



1878.] 



Chaptkr 1G4. 



CHAPTER 164 



301 



AN ACT Tt) AJIKND THE CIIAKTKR OF TIIK CITY OF DOVEK. 



Section 

1. Bover divideil into five wards. 

2. Ward one. 

3. Wards two, three, and four. 

4. Ward five. 

5. Election of aldermen and common council- 

men. 
C. Board of assessors. 

7. Salary of police justice. 

8. Supervisors of elections. 

9. Their duties. 

10. Meetings for correcting check-lists. 

11. Ballots and check-lists to be delivered to 

supervisors. 

12. Penalty for procuring name to be illegally put 

on list. 



Section 

13. Punishment for wrongfully altering check-list. 

14. Representatives' credentials. 

l.^. Oath to be taken by supervisors. 

16. Punishment for swearing falsely. 

17. Clerk to certify that oath was taken. 

18. Selectmen of ward five ; vacancy _in board of 

selectmen. 
10. Punishment of official misconduct. 

20. Special tax appropriated to discharge of any 

existing debt. 

21. Inspectors of voting. 

22. Acts repealed. 

23. Takes effect, when. 



Be it enacted by the Senate and House of Representatives in General 
Court convened: — 



Sect. 1. The city of Dover hereby is and sliall coiitiiiue to be po^er fiivnded 
divided into five wards, which shall be constituted as follows : — m o vewar s. 

Sect. 2. Ward one shall include all the territory now embraced ward one. 
in said ward as heretofore established by act of June session, A. D. 
1876, entitled, "An act in amendment of the charter of the city of 
Dover." 

Sect. 3. The boundaries of wards two, three, and four shall wards two, 
remain the same as established by said act of 1876, except as ly^odi- *^''®®' '*'**^ ^''"''' 
fied in the following section ; and said several wards shall here- 
after include and contain all the territory assigned them by said act, 
except such portions of said several wards as are in the following 
section included in ward five. 

Sect. 4. Ward five shall consist of and include all that portion of ward fiv«. 
said city contained within the following boundaries, to wit : Begin- 
ning on Cochecho River at tlie foot of Chestnut street at the divis- 
ion line between wards one and two ; thence running easterly by said 
river to the center of the Central-street bridge ; thence by Central 
street to Main street ; thence to the junction of JNIain street with 
School street ; thence by the line of School street to Cochecho 
street ; thence by Cochecho street to Rogers street ; thence in a 
direct line to the junction of Payne street with the lane leading to 
the Hale farm ; thence westerly by Payne street to Hanson street ; 
thence by Hanson street to Sonnet street ; thence by the southerly 
line of Sonnet street to George street ; thence in the same direct 
line to the westerly side of George street ; thence in a direct line 
to the north-easterly corner of land of Jonas D. Towmsend; thence 
to the junction of Kirkland street with Central street ; thence by 
Central street to Orchard street ; thence by Orchard street to Wal- 
nut street ; thence by Walnut street to Waldron street ; thence to 
the point of beginning ; and all the territory included within the 
above-described boundaries is hereby severed from wards two, three, 
and four and made parts of ward five. 



302 



Chapter 164. 



[1878. 



Election of al- 
(lermen and com 
men couneil- 
men. 



Board of asses- 
sors. 



Salary of police 
justice. 



Supervisors of 
elections. 



Their duties. 



Meetings for 

correcting 

check-lists. 



Sect. 5. At the next annual election of the city officers each of 
said wards shall choose two aldermen and three members of the 
common council. One alderman from each ward shall be elected 
for the term of one year, and one alderman for the term of two 
years ; and at each succeeding annual election one alderman shall 
be chosen from each ward for the term of two years. 

Sect. 6. Each ward of said city shall, at the annual municipal 
election, choose one member of the board of assessors, who, with 
the additional one elected by the city council, shall constitute said 
board. The assessors chosen at the next election from wards one, 
three, and five shall hold their office for the term of one year, and 
those chosen from wards two and four, and by the city council, shall 
hold their office for the term of two years ; and at all subsequent 
elections in place of those whose terms shall expire, their succes- 
sors shall be elected for the term of two years each. 

Sect. 7. The salary of the justice of the police court of said 
city shall be six hundred dollars per annum, to be paid in quarterly 
payments out of the city treasury ; and the salary so received shall 
be in full for services of every kind rendered by him as justice of 
said court. 

Sect. 8. The city council of Dover shall, before the first day 
of September next, choose one inhabitant in each ward of said city, 
who together shall constitute a board of supervisors of elections, 
and shall hold tlieir office until others are chosen and qualified in 
their stead. At the next election for state officers, and at every 
such election thereafter, there shall be chosen in each ward of said 
city, by a plurality vote of the legal voters thereof, a supervisor of 
elections, who shall hold their office for two years and until others 
are chosen and qualified in their stead, and who shall constitute a 
board of supervisors of elections for all the wards in said city. The 
board of supervisors of elections shall choose a chairman and clerk 
from their own number. 

Sect. 9. Said supervisors shall prepare, revise, correct, and post 
up in the manner the selectmen of towns are required to do, an 
alphabetical list of all the legal voters in each ward, and for that 
purpose shall have access to any books or lists belonging to said 
city, 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 cor- 
rected 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 supervisors shall record the first or Christian name of each 
voter in full, but may use initial letters to designate the middle 
name of any voter. 

Sect. 10. The said board of supervisors shall be in session at 
the city hall building, or such other place as they shall designate, 
for the purpose of revising and correcting the lists of voters, six 
days at least before the state elections, and three days before other 
elections, within six months next preceding the day of election, the 
last two sessions to be held within one week of said election from 
nine o'clock a. m. to noon, and from two o'clock till five o'clock p. m. 
on each of said days ; and any person may then and there appear 
and be lieard with regard to his right to have his name placed upon 



1878.] Chapter 164. 303 

the check-list and to vote, and said board of supervisors may reijuire 
the oath of such })ersons so claimin<^ the right to vote, and cor- 
roborating evidence, if not otherwise fully satisfied of liis right to 
have liis name placed upon the check-list ; and said })oard of super- 
visors shall be in session on election days from eight o'clock a. m. 
to noon, and from two o'clock to three o'clock p. m., so that, in case 
the name of any person has been omitted from the check-list, and 
•who the supervisors are satisfied is a legal voter agreeably to the 
provisions of section five of chapter twenty-eight of the CJeneral 
Statutes, the supervisors shall certify the same to the moderator, 
who shall receive his vote ; and the ward clerk shall check the 
name of sucli person so voting on the back of said certificate, and 
shall return the same to the supervisors, with the check-list. 

Sect. 11. All the ballots cast at each election in the several R^i'^'ts and 
wards shall be preserved, and after they shall have been counted, ciHiheied to su- 
the moderator shall deliver all the ballots given in to the clerk of ''"'""**'■*• 
the ward, and the clerk shall seal up said ballots, direct and deliver 
the same, together with the list of voters used at such election, 
within one hour after the adjournment of such meeting, to the 
board of supervisors, who shall be in session to receive the same. 

Sect. 12. Any person procuring his name to be illegally placed Pen-iity for pro- 
upon the check-list by a false representation or statement, under beWifgauy put 
oath, shall be taken and deemed guilty of willful and corrupt per-*'"^'*^- 
jury, and be liable to the punishment prescribed therefor. 

Sect. 13. If the moderator, selectmen, ward clerk, or any other Punishment for 
person shall alter any check-list after the same shall have been Terinf "heck-" 
delivered by the supervisors to the ward clerk, by adding any name ''®*" 
or names thereto, or by erasing any name or names therefrom, or 
in any way changing the list, such officer or person so offending 
shall be punished by a fine not exceeding five hundred dollars, or 
imprisonment in the county jail not exceeding six months. 

Sect. 14. The certificates of election of representatives to the P^p^^^^^^*- 
general court from the several vf^ards shall be made, certified, and tiau. 
signed by the clerk of the board of supervisors of check-lists, and 
the clerk of such board shall certify that the check-list of the ward 
was duty posted and used during the balloting on which representa- 
tives were chosen, and the number of votes 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 same is 
a true copy of said record, and shall seal said copy, direct, and de- 
liver the same to the clerk of the board of supervisors of elections, 
with a superscription upon the same, expressing the purport thereof, 
within twenty-four hours after such meeting. 

Sect. 15. The board of supervisors of elections in said city, at oath to be taken 
every meeting of the legal voters of each ward in said city for the ^ ''"i'®'"^'''''- 
choice of state and county officers, representatives in congress, or 
electors of president and vice-president of the United States, shall, 
before the check-lists are delivered to the clerks of the several 
wards, take and subscribe on the back of the check-lists to be used 
at such meetings the following oath, before the city clerk or a jus- 
tice of the peace or notary public, the blank in the same being first 
properly filled : " We, the supervisors of elections in the city of 



304 Chapter 164. [1878. 

Dover, do swear that, according to our best knowledge, the within 
list contains the names of those persons only who are, bj 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. 
Punishment for Sect. 16. Any supcrvisor wlio sliall kuowiugly swcar falscly, iu 
^.wearing se y. j.j^|^-j^g ^^^^ ^^^j^ prcscribcd by this act, shall be taken and deemed 
to be guilty of willful and corrupt perjury, and be liable to the 
punishment prescribed therefor, 
that'oath'^wa"^ Sect. 17. lu making out the certificate of any representative 
taken. from any ward in said city, the clerk of the board of supervisors 

shall certify whether or not the foregoing oath, prescribed by this 
act, was taken and subscribed by the supervisors on the back of 
the check-list used in each ward at the annual meeting. 
Selectmen of Sect. 18. The mayor and aldermen of said city shall, before 

rMcyi^wd the first day of September next, appoint from the inhabitants of 
of selectmen, -^rg^pj^ fjyg jjj gg^[^ ^[^j^ tlircc Selectmen, a clerk, and moderator, who, 
being duly sworn, shall perform and discharge respectively the 
duties of said offices for said ward until others are duly chosen and 
qualified to act in their stead. In case of any vacancy in the board 
of selectmen of any ward in said city, the city council in conven- 
tion shall fill such vacancy at their first regular meeting after such 
vacancy shall occur. 
Punishment of Sect. 19. Auv officcr Or otlicr person neglecting or refusing to 

•oflBcial miscon- • t ■, n ^ • w? • i • 

duct. comply with the terms of this act, or ortending against the provis- 

ions hereof, where punishment is not already provided by this act, 
shall, upon conviction thereof, be punished by imprisonment in the 
county jail not more than six months, or by fine not exceeding five 
hundred dollars, to be paid to the use of the county of Strafford. 

Special tax ap- Sect. 20. Tlic mayor and aldermen of Dover are authorized to 

propriated to "^ _____ 

discharge of a 

«xisting debt, eigiiteen, chapter thirty-four of the General Statutes, in respect to 
the Portsmouth and Dover Railroad, to the payment of any other 



discharge of any apply tlic thrcc pcr ccutum to be raised annually under section 
eighteen, chapter thirty-four 
the Portsmouth and Dover 
existing debt from said city. 

votfn^**''^^ °^ Sect. 21. Said supervisors shall at and for every election ap- 

point two inspectors of voting, one from each of the two leading 
political parties in each ward, who may attend the ward-room, or 
place of election to which designated on election days ; shall have 
access to the desk or place where the check-list and ballot-box are 
kept ; shall see that no fraudulent vote is cast by parties person- 
ating others or in any other way ; that voters have proper access to 
the polls. They shall be entitled to such a position in the desk or 
room where the balloting is done as sliall give them an opportunity 
at all times to examine the check-list and witness the checking ; 
and tliey shall also be entitled to have the ballot-box or boxes in 
which the ballots are deposited kept in such place and position that 
they may see and protect it from any fraud during the balloting, 
and until the votes are counted and declared, and neither said bal- 
lot-box or boxes, or the votes contained therein, shall be carried 
from the presence of such inspectors from the time the polls are 
opened until the polls are closed and the votes declared. They 
shall see that the moderator, in receiving votes and in counting the 
.same in presence of the selectmen, and the clerk, in checking 
names, are not interfered with or molested. 



1878.] 



Chapters 164, 1G5. 



305 



Sect. 22. All acts and i)arts of acts in the cliartcr of said city Actg repealed, 
or laws of the state inconsistent with the provisions of this act are 
hereby repealed. 

Sect. 23. This act shall take effect fi-om its passage. 

[Approved August IG, 1878.] 



Takes effect, 
when. 



CHAPTER 16 5. 

AN ACT TO AMEXD THE CHARTER OF THE CITY OF NASHUA, CHANGING 
THE TIME OF THE CITY ELECTION. 



Section 

1. City and ward officers to be elected annually 

in November. 

2. Board of assessors, and overseers of the poor. 

3. Board of education. 

4. Inspectors of check-lists ; their duties. 

5. Meetings for correcting check-lists. 

6. Penalty for procuring name to be illegally put 

on list. 

7. Punishment for wrongfully altering check- 

list. 

S. Ballots and check-lists to be delivered to in- 
spectors. 

9. Representatives' credentials. 
10. Time for qualifying officers ; election of city 
clerk. 



Section 

11. Officers appointed by mayor and aldermen ; 

by city council in convention ; financial 
year. 

12. Supervisors of check-lists, their powers and 

duties. 

13. Penalty for interfering with them ; time of 

closing polls. 

14. Nashua divided into eight wards. 

15. Tenure of office regulated. 

16. Punishment for official misconduct. 

17. Right to vote not affected by this act. 

18. A'acancy in board of selectmen. 

19. Acts repealed ; takes effect, when. 



Be it enacted hy the Senate and House of Representatives in General 
Court convened: — 



Sect. 1. That the meeting of the inhabitants of the city of ci^y ^n^ ward 

ofticcrs to b© 

Nashua, for the choice of city and ward ofiicers, shall be held an- elected annually 
iiually on the Tuesday next after the first Monday in November ; "^ ^^°''«"'''^'"- 
that the first election under this act shall be held in November, 
A. D. 1878 ; and all city and ward officers who are chosen by the 
people shall be chosen by ballot, and shall hold their respective 
offices for one year from the second Monday in November, and 
until others are elected and qualified, unless a different intention 
appears. 

Sect. 2. At the election in November, 1878, and at every Board of asses- 
annual election thereafter, there shall be chosen by the people, geewof'^hr'^' 
and by general ticket, five persons, who shall constitute a board p°''''- 
of assessors for said city ; and also there shall be chosen by 
the people, and by general ticket, a board of overseers for 
the poor of said city, consisting of three persons ; and the ballots 
for said boards of assessors and overseers of the poor shall be 
received, sorted, counted, and declared, and a record thereof 
made, delivered, and examined, and the persons elected be 
notified in the same manner as is now provided in the election of 
mayor of said city ; and each of said boards sliall choose a chair- 
man and clerk from their own number. 

Sect. 3. The school committee of said city shall be styled aBoardofedu- 
board of education. Cornelius V. Dearborn, William W. Bailey,*^*'""' 



S06 Chapter 165. [1878. 

Chester Bullard, and Frederick Kelsey shall hold their offices until 
the second Monday of November next ; Edward Spalding, John 
O'Donnell, Edward E. Parker, and Solomon Spalding shall hold 
their offices until the second Monday in November, 1879 ; and John 
K. Hosmer, Charles W. Hoitt, Caleb Richardson, and John C. 
Knowles shall hold their offices until the second Monday in No- 
vember, 1880 ; and said board of education shall continue to be 
composed of twelve persons, four of Avhom shall be chosen at every 
annual election, and by general ticket, and hold their offices for 
three years, and until others are elected and qualified ; said board 
of education shall choose a president and clerk from their own 
number, and any vacancy in said board occurring from any cause 
shall be filled by the city councils, in convention with said lioard of 
education, by joint ballot and by major vote. 
Inspectors of Sect. 4. Tlicrc hereby is established in said city a board of in- 

their duties'. spectors of chcck-lists, consisting of one person to be chosen by 
each ward at every state biennial election, who shall hold their 
office for two years, or until others are elected and qualified in their 
stead. The persons thus chosen, having been first sworn in the 
manner herein prescribed, shall choose a chairman and clerk from 
their own number. Said inspectors shall prepare, post up, revise, 
and correct, in the manner selectmen of towns are required to do, 
an alphabetical list of the legal voters in each ward ; and they shall 
deliver an attested copy of the lists of voters, so prepared and cor- 
rected, to the clerks of the respective wards before the time for 
opening of any meeting of the voters ; and the said ward clerks 
shall use the lists of voters, prepared and corrected as aforesaid, 
and no others, at the elections in said wards. In preparing the lists 
of voters, said inspectors shall record the first 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 the street, and number of dwelling, if numbered, 
in which said voter resides ; if not numbered, then such description 
as shall indicate as nearly as possible the residence of such voter. 
Meetings for cor- Sect. 5. The Said board of inspectors shall be in session at the 
iTsts"'^'' *"' " city hall Iniilding, or such other place as they shall designate, for 
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 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 p. m. 
till five o'clock p. m., on each of said days. Due notice of such ses- 
sions shall be given. The inspectors shall hear all applications for 
the insertion of any name upon said lists, or the erasure of any name 
therefrom, and may examine the party or any witnesses thereto 
upon oath, which may be administered by any member of the board. 
They shall insert the name of every legal voter omitted, and erase 
the name of every person not a legal voter. The inspectors may 
])rescribe such regulations, and require the aid of such police as 
shall secure order and the right of each person to be heard, and 
said board shall be in session on the day of election from eight to 
eleven o'clock a. m., and from one to three o'clock p. m., and in case 
the name of any legal voter has been omitted from the check-lists, 
and it is within the knowledge of the board of inspectors that his 
residence has been the entire year next preceding the day of elec 



1878.] Chapter 165. 307 

tion in the ward where he claims tlie right to vote, said inspectors 
may certify the same to the moderator of tlie ward in which he k 
entitled to vote, who shall receive his vote, and the ward clerk shall 
check the name of such person so voting on the back of said certifi- 
cate, and shall return the same to the inspectors with the check- 
list. Any vacancy occurring in said board of inspectors, from any 
cause, shall be fdled by the city councils, in convention with said 
board of inspectors, by electing a person resident in the ward in 
which such vacancy occurs, by joint ballot and by major vote. 

Sect. 6. Any person procuring his own name or the name of any rf'naity for pro- 
other person to be illegally placed upon the check-list by any false bem'fgany put 
representation or statement, upon conviction thereof, shall be pun- °" ''**'■ 
ished by a fine of fifty dollars, or by imprisonment sixty days, or 
both. 

Sect. 7. If the moderator, selectmen, ward clerk or any other P»nisi"nent for 
person shall alter any check-list after the same shall have been de- T^g^'ch^ck-Hst!*'^" 
livered by the inspectors to the ward clerk, l)y adding any name or 
names thereto, or by erasing any name or names therefrom, or in 
any way changing the check-lists, such officer or person so offend- 
ing shall be punished by a fine not exceeding five hundred dollars, 
or imprisonment not exceeding six months. 

Sect. 8. As soon as a declaration of votes shall have been made Baiiots and 
at any election, the moderator shall deliver all the ballots given indeWedto^''* 
to the clerk of the ward, and the said clerk shall seal up said ]jal- '"^i'^'^'^°"- 
lots, and direct and deliver the same, together with the lists of 
voters used at said election, and a copy of the declaration of votes 
for representatives to the general court, attested by himself, within 
one hour after the adjournment of such meeting, to the board of 
inspectors, who shall be in session to receive the same, and they 
shall preserve the ballots for eight months ; provided, however, 
that such parts only of sections four, five, and eight of this act as 
the board of inspectors shall deem necessary shall apply in special 
elections. 

Sect. 9. The certificates of election of representatives to the Representatives' 
general court from the several wards in said city shall be made out,"^ ^"^^ 
certified, and signed by the clerk of said board of inspectors ; and 
the clerk of said board shall also certify that the check-list of the 
ward was duly posted and used during the balloting on which such 
representative was chosen, and the number of voters upon the 
check-list as corrected on the day of the biennial meeting. The 
clerk of said board shall deliver such certificates to the persons 
elected representatives, within two days after their election. The 
clerk of each ward shall make out a fair and exact copy of the 
record of all votes given in at the meeting for the election of repre- 
sentatives to the general court, and shall certify upon said copy 
that the check-list was used during the balloting on which such 
representatives were chosen, and that the same is a true copy of 
said record, and shall seal said copy, and direct and deliver the 
same to the clerk of the board of inspectors, with a superscription 
upon the same, expressing the purport thereof, within twenty-four 
hours after such meeting. 

Sect. 10. The mayor, aldermen, common councilmen, board of Time for quai- 
education, board of assessors, board of overseers of the poor, and 'ell"tfon^fd1:y 
board of inspectors of check-lists shall meet in convention, for the '^^^^^' 



308 



Chapter 165. 



[187: 



Officers appoint- 
ed by mayor and 
aldermen. 



])urpose of taking the oatlis of their respective offices, on the second 
Monday in November, 1878, and on the second Monday of No- 
vember in every year thereafter, at ten o'clock of Ihe forenoon; 
and on said day the city councils, when they are so met in conven- 
tion, shall, by joint ballot and by major vote, elect a city clerk, who 
shall hold his office for one year and until another is elected and 
qualified, removable, however, at the pleasure of the city councils. 

Sect. 11. The mayor and aldermen of said city shall have full 
and exclusive power to appoint a city marshal, and an assistant 
city marshal, constables, city messenger, police officers, watchmen, 
surveyors of wood, bark, and lumber, city weighers, cullers of brick, 
measurers of brick, stone, painting, and plastering, city sealer of 
weights and measures, fence viewers, pound-keeper, and liquor 
Bycity councils, agent. The city councils of said city in convention shall elect, by 
joint ballot and by major vote, a city solicitor, collector of taxes, 
city treasurer, city physician, street commissioners, a board of health 
officers consisting of three persons, a chief engineer and assistant 
engineers of the fire department. All of said officers shall be so elected 
and appointed in the month of November, 1878, and in every year 
thereafter in every November, and shall hold their respective offices 
for one year from the second Monday of November, unless sooner 
removed for sufficient cause, and until others are chosen, appointed, 
and qualified ; and if any vacancy shall occur in any of said offices, 
the same may be filled by an election or appointment. The finan- 
cial year of said city shall close on the last day of December in each 
year, and begin on the first day of January. 

Sect. 12. At every election held in said city, there shall be 
commissioned by the mayor two supervisors of check-lists and elec- 
tions for each ward, who shall be, at the time of their appointment, 
voters in the ward in which their duties are to be performed, to be 
stationed on duty at the ward-room in their respective wards at 
every election, one of whom shall represent the leading minority 
political party of said city, one for each ward to be chosen by the 
majority political party of the board of aldermen of said city, and 
the other by the leading minority political party of said board of 
aldermen, who, before entering upon such office, shall be sworn to 
the faithful discharge of the duties thereof by the city clerk, and 
their term of office shall continue for the election to which they 
shall be chosen ; and they shall have the power of constables and 
police officers, and shall receive from said city the same compen- 
sation as is paid to moderators. Said supervisors shall attend the 
ward-room, or place of election to which designated on election 
days ; shall have access to the desk or place where the check-list 
and ballot-box are kept ; shall see that no fraudulent vote is cast 
by parties personating others or in any other way ; and that voters 
have proper access to the polls. They shall be entitled to such a 
position in the desk or room where the balloting is done as shall 
give them an opportunity at all times to examine the check-list and 
witness the checking ; and they shall also be entitled to have the 
ballot-box or boxes in which the ballots are deposited kept in such 
place and position that they may see and protect it from any fraud 
during the balloting, and until the votes are counted and declared, 
and neither said ballot-box or boxes, or the votes contained therein, 
shall he carried from the presence of such supervisors from the 



Financial year. 



Supervisors of 
check-lists ; 
their powers 
and duties. 



1878.] Chapter 165. 309 

time the polls are opened until the polls are closed and the votes 
declared. They sliall see that the moderator, in receiving- votes 
and in counting the same in presence of the selectmen, and the 
clerk, in checking names, are not interfered with or molested. 
Nothing in this act shall 1)C construed to authorize said supervisors 
to assume or exercise the authority of selectmen, moderator, or -ward 
clerk, or to interfere with said officers in the discharge of their 
respective duties. 

Sect. 13. Any person interfering with said su])ervisors in the I'enaity for in- 
execution of the duties of their office shall be fined not less than them""^ ^" 
fifty dollars nor more than one hundred dollars, or be imprisoned 
not more tlian six months, or both. On the request of the board 
of inspectors, the mayor shall detail such police force as may lie 
necessary to preserve order, and enal)le such supervisors to dis- 
charge their duties. In all elections in said city the polls in the T^e of dosing 
several wards shall not be kept open later than six o'clock in the 
afternoon. 

Sect. 14. The city of Nashua is hereby divided into eight Nashua divided 
wards, which shall be constituted as follows : — 

Ward one shall include all that part of said city now included in waid one. 
the boundaries of ward one, as at present constituted. 

Ward two, all that part now included in the boundaries of ward ^'a^d two. 
two as at present constituted. 

Ward three, all that part now included in the boundaries of ward ward three, 
three as at present constituted. 

Ward four, of all that portion of said city lying east of Main street, ward four, 
south of the Nashua River, south-westerly of the Nashna and Low- 
ell Railroad, and northerly and easterly of the lines of ward seven, 
as herein after described. 

Ward five shall include all that part of said city now included in ward five, 
the boundaries of ward five as at present constituted. 

Ward six, all that part now included in the boundaries of ward ^'ard si-^- 
six as at present constituted. 

Ward seven, of all that portion of said city included in the follow- ward seven, 
ing boundaries : Beginning at the intersection of Main with East 
Pearl street, thence easterly by East Pearl street to the center line 
of Soutli street, thence southerly by South street to Worcester 
street ; thence easterly up Worcester street to Spruce street ; thence 
southerly by Spruce street to the main track of the Worcester and 
Nashua Railroad ; thence easterly by said main track to the Nashua 
and Lowell Railroad ; thence southerly and easterly by the boundary 
of ward three aforesaid, to the Merrimack River ; thence down said 
river to Salmon Brook ; thence westerly up said Salmon Brook to 
Main street ; thence northerly by Main street to the place of begin- 
ning. 

Ward eight, all that part of said city now included in the boun- ward eight. 
daries of ward eight as at present constituted. 

Sect. 15. The mayor, aldermen, common councilmen, assessors T«mre^o^f office 
of taxes, and overseers of the poor now in office in said city, shall 
hold their respective offices until the second Monday in November 
next, and until others are chosen and qualified ; the ward officers 
now in office in ward two in said city shall hold their office until 
this act takes effect, and no longer ; and the ward officers now in 
office in ward one shall perform the duties of their respective offices 



310 



Chapter 165. 



[1878. 



Punishment for 
official miscon- 
duct. 



Right to vote 
not affected by 
this act. 



Vacancy in 
board of select- 
ihen. 



Acts repealed ; 
takes effect, 
when. 



for ward one as constituted by this act ; and all ward officers who 
are in office in the several wards in said city when this act shall 
have taken effect, shall hold their respective offices until others are 
elected and qualified, and no longer ; and all officers now in office 
in said city, elected by the city councils or appointed by the board 
of mayor and aldermen, shall hold their respective offices until oth- 
ers are elected and appointed and qualified, and no longer. 

Sect. 16. Any officer or other person neglecting or refusing to 
comply with the terms of this act, or offending against the provis- 
ions hereof, where punishment is not already provided by this act, 
shall, upon conviction thereof, be punished by imprisonment not 
more than six months, or by fine not exceeding five hundred dol- 
lars, to be paid for the use of the county of Hillsborough, 

Sect. 17. Any person qualified to vote at any meeting held 
within six months from the passage of this act, in any ward as now 
constituted, shall have the right to vote in the ward in which he 
shall become an inhabitant by the provisions of this act. 

Sect. 18. In case a vacancy shall occur in the board of select- 
men of any ward in said city, by removal from the ward or from 
any other cause, the city councils in convention shall fill the same, 
by joint ballot and by major vote, at their first meeting after such 
vacancy shall occur. 

Sect. 19. All acts and parts of acts in conflict with this act are 
hereby repealed, and this act shall take effect on the first day of 
October, 1878. 

[Approved August 17, 1878.] 



STATE OF NEW HAMPSHIRE. 



Office of Secretary op State, 

Concord, October 15, 1878. 

I hereby certify that the acts and resolves contained in this 

pamphlet have been compared with the originals in this office, and 

found to be correctly printed. 

A. B. THOMPSON, 

Secretary of State. 



INDEX 



PUBLIC ACTS AND RESOLUTIONS, 



PASSED JUNE SESSION, 1878. 



[For index to Militia Law, see page 319.] 



Actions in suits before police courts and justices of the peace, retiu'iiable 

when 

for damages from defective highways 

Adams, James O., claim of, allowed 

-Address for removal of T. B. Crowley .... 
Adjutant-general's department, appropriation for clerk hire in 

Aldrich, H. H., claim of 

Allen, C. B., claim of ....... . 

Antietam National Cemetery ceded to United States . 
Appropriation to the state normal school .... 

asylum for the insane 
contingent expenses of governor 
state-prison library .... 

state library ..... 

blind, deaf, and feeble-minded . 
adjutant-general's department . 
road from Dummer to Errol 
chaplain to state-prison 
State-house and yard 
fish commission ..... 

road through Randolph 
road between the Fabyan and Crawford H 
road through the White Mountain Notch 
Franconia Notch . 
town of Dixville 
engrossing clerk .... 

pay expenses of tax commission 

commission to revise the laws 
militaiy commission 
pay claims of individuals . 21l>, 213, 21G, 217, 218, 219 



Assignments of wages, alphabetical list of 
Asylum for the insane, appropriation to 
Attachment to secure lumbermen's lien 



Babbitt, John W., claim of . 
Baker, Alpheus W., claim of 
Barron, A. T. and O. F., claim of allowed 



1, 



154 
168 
212 
224- 
210 
221 
217 
173 
158 
171 
207 
207 
208 
209 
210 
210 
210 
211 
213 
215 
215 
215 
216 
220 
222 
2ia 
223 
219 
220, 
,223 
150 
171 
169 

222 
220 
213 



su 



Index. 



[1878. 



Bartlett, George H., claim of 

Bartlett, the town of, territory annexed to . 

Barton, L. W., claim of ...... . 

Belknap County, salaries of judge and register of probate of 
Benton, the town of, proceedings of town-meeting of 1878 ratified 
Billiard-tables to pay license ..... 

Birds, protection of, extended 

cruelty to, prohibited ..... 

Blind, indigent, appropriation to support 
Board of equalization, by whom apiDointed, and duties 
to assess tax on telegraph lines 
railroads 
Bonds, state treasurer authorized to issue . 
Bow'ers, S. L., claim of . , . ^ . 

Bowling-alleys to pay license 

Brown, C. T., claim of 

Buckminster, D. W., claim of 



Campbell, Henry F., claim of 

Carter, Hosea B., claim of . 

Carter, S. A., claim of 

Carroll County Five Cents Savings Bank, tax remitted to 
Carroll, the town of, territory annexed to . 

Caswell, William A., claim of 

Chaplain to state-prison, salary of ... . 

Check-lists, by wdiom made, posted and corrected 
Cheney, Fred C, claim of ..... . 

City Savings Bank, tax remitted to ... . 

Claremont, the towai of, state and county taxes of, abated 
Clarke, J. B., claim of . 

Clerks of supreme court to attend law terms, when . 
Clifford, Samuel E., claim of .... . 

Coast-survey signals may be set up, where . 
Cobb, John O., part of farm of annexed to Bartlett . 
Collector of taxes to give notice of sale of real estate 
Commissioners, county, election of ... . 

to revise Statutes, to prepare General Laws 

report of, how distributed . 
Comi>laints against sellers of malt liquors . 
Contingent expenses of governor .... 

Copeland, X. A., claim of . 
County commissioners, duties of respecting assessment and 

property for taxation ..... 

County officers, election of . 

returns of votes for .... 

term of office of . 

annual reports of ... . 

jHirchases by, record of . 
tax, the, to be assessed annually 
Crowley, T. B., address for removal of ... 
Croydon annexed to senatorial district No. 7 
Cmnmings, Charles E., claim of . 
•Cummings, W. H., claim of 



Damages from defective highways, actions for, how brought 

Danbury, the town of, lot annexed to 

Danforth, Charles C, claim of . . . 

Deaf, indigent, appropriation to support 

Deer may be killed in Coos County, when . 

Diedrich, Charles W., claim of . 

Dinsmore, D. S., claim of . 

Dodge, James E., claim of . 

Dogs, selectmen may make by-laws regulating the licensing of 

Durgin, W. M., claim of 

East Kingston, claim of to be audited by governor and council 
Easton, the town of, assessment of taxes of 1878 legalized 



for publication 



equalization of 



221 
153 
223 
186 
152 
186 
155 
166 
209 
198 
182 
196 
173 
217 
186 
218 
217 

219 
223 
217 
211 
151 
221 
210 
188 
222 
212 
182 
222 
150 
219 
162 
153 
153 
161 
184 
208 
157 
207 
221 

199 
161 
161 
161 
174 
175 
161 
224 
191 
221 
218 

168 
165 
218 
209 
198 
222 
217 
220 
149 
223 

218 
156 



1878.] 



Index. 



315 



Election of railroad commissioners .... 

county officers 

Elliot Bridge Company, time of payment of charter-tax extended 

Emmons, Charles (i., claim of 

Engrossing clerk, claim of 

Express companies, taxation of . 



out . 



Pees of justices of the peace .... 
police justices ..... 

Fines, minimum, wherever prescribed in statutes stricken 
Fish commission, appropriation to pay expenses of . 

Fisher, Samuel C, claim of 

Fish, the taking of from private ponds, etc., regulated 
Franklin, the town of, jiart of state and county taxes of, abated 
Furnald, William II., claim of 



Ciardiner, William H., claim of 

General Laws, publication and distribution of, regulated 

act revising, etc., not to be engrossed . 
Geology, state, distribution of 



Hammond, I. W., claim of 

Hart's Location, the town of, territory severed from 
Hayes, Joseph, claim of .... . 
Hearings affecting school-districts, notice of 

Hill. WiUiam W., claim of 

Homestead, right of, vested in husband, when . 

exempted to unmarried j)erson 
Hubbard, George H., claim of ... . 
Hubbard, John, claim of 



Ice. penalty for damaging 

Idiots and feeble-minded persons, appropriation to support 

Inheritances, taxation of ..... . 

Inventory of polls and taxable property, how made, etc. 
to be returned to secretary of state, annually 

county commissioners once in four years 
blank, for return of taxable property, by whom prepared 
to be laid by secretary of state before board of equalization 
abstracts of, to be printed and laid before legislature 

Jenkins, Frank S., claim of 

Jenkins. Lewis, claim of ...... . 

Judge of probate, Belknap County, salary of . . . 
Justices of the peace, fees of, in criminal cases . 

actions in suits before, where returnable 
Juryman, petit, person having cause pending not to act as, at that ter 

Lager beer, the sale of regulated 

Laws, session, publication of in newspapers 

Lebanon, the town of, state and county taxes of, abated 

Legacies, taxation of ....... • 

Libbey, C. O., claim of _ . 

License for selling lightning-rods, fee for, and by whom issued 
to express companies, by whom issued . 

peddlers, hawkers, etc 

Lien of lumbermen 

Lightning-rods, penalty for selling without license 
Lisbon, the town of, state and county taxes of, abated 
Local option ......... 

Lumber, logs, etc., taxation of, regulated .... 

Lumbermen's lien 



Map of New Hampshire may be purchased for the use of schools 
Llaryland, the state of, authorized to cede Antietam national cemetery to 

the United States . 

!Mason. the town of, state and county taxes of, abated 



161 
161 
214 
220 
222 
180 

151 
151 
160 
218 
217 
158 
159 
217 

221 
184 
214 
197 

218 
1.53 
217 
152 
222 
160 
160 
222 
212 



1.59 
209 
201 
195 
199 
199 
194 
199 
200 

222 
222 

186 
151 
154 
155 

157 
220 
190 
201 
217 
179 
180 
164 
169 
179 
189 
157 
178 
169 

168 

173 
185 



316 



Index. 



[1878. 



Mason, W. H, H., claim of 

Military commission, expenses of .... 

Milton, the town of, part of state and county taxes of, abated 

Moore, O. C, claim of 

Morrill and Silsby, claim of 



Xames changed ........ 

Natural scenery, penalty for defacing 

Nelson, N. C, claim of 

New Hampshire Patriot, the, claim of . . . 

Newport, the town of, state and county taxes of, abated 
Normal school, the state, appropriation to . 
Notice of hearings aifecting school-districts 

sale of real estate for taxes 
Nutter, John P., claim of 



Ordway, N. G., claim of 
Oysters, the taking of, regulated 



Pearson, C. C. & Co., claim of .... . 
Peddlers, hawkers, and auctioneer-merchants 

Perkins, George A,, claun of 

Peterborough, the town of, state and count}^ taxes of, abated 
Police justices, fees of, in criminal cases 

actions in suits before, where returnable 
Probate courts, costs of, provided for 

regular term of, happening on holiday may be 
secular day ..... 

for the county of Strafford, additional terms of, 

judges of, may hold terms on other than re 
Public printer, compensation of 



Railroad commissioners, election of ... . 

corporations authorized to take gravel . 
taxation of, regulated ..... 

Rand, David H., claim of ..... . 

Registers of deeds and probate, election of 
Register of probate, Belknap County, salary of . 
Report of commission to revise the statutes, distribution of 
annual, of county officers .... 

Representatives apportioned to towns 

^roU of, by whom made 
Republican Press Association, claim of . . . 
Revenue, the state, act to increase amended 
Review, right of, in civil actions abrogated 
Rindge, the town of, state and county taxes of, abated 
Road from Dummer to Errol, aj)propriation to repair 
the Fabyan to the Crawford House . 
through Randolph ...... 

the White IMountain Notch 
Franconia Notch .... 

Dixville ...... 

Rolfe, Fred P., claim of 

Rye, the town of, taxes of, for 1877 legalized 



Sanborn, B. W. & Co., claim of . 

Sanders, Calvin, claim of .... . 

Sargent, J. E., claim of .... . 

School children may be conveyed to school at the expense of 
districts in certain cases .... 
committee may purchase map of New Hampshire 
districts having less than twelve scholars may 

other districts 

districts, notices of hearings affecting 

Secomb, D. F., claim of, allowed .... 



ular 



send 



held next 



when held 
days 



. 161 

. 186 

. 208 

. 174 

. 191 

. 193 

210, 222 

. 165 

. 190 

. 179 

. 210 

. 215 

. 215 

. 215 

. 216 

. 221 



towns and 
children to 



216 
220 
223 

183^ 
168 

183' 
152' 
212 



1878.] 



Index. 



317 



Secretary of state to prepare blank inventories 

lay returns of property before the board of equaliza- 
tion 

prepare alistracts of inventories and lay them before 
legislature ..... 
Selectmen may purchase map of New Hampshire 

to return inventories to secretary of state, annually 
Senatorial districts Nos. 3 and 7 changed .... 
Sheriff, county, election of ...... . 

Sinclaii', Frank B., claim of 

Skillings, Oliver F., part of farm of, annexed to Bartlett . 

Solicitor, county, election of 

Spalding, George B., claim of 

State geology, distribution of 

house and yard, repairs of . 

library, appropriation to 

normal school, the, appropriation to . 
prison, the new, enlargement of .... 

library, appropriation to .... 

tax to be assessed annually 

provided for 

Stokes, John K., claim of 221, 2 

Strafford county probate court, additional terms of . 
Sunapee, annexed to senatorial district No. 7 . . . 
Supervisors of check-lists, election of, and their duties 
Supreme court, judges of, not to publish abstract of opinions 

law terms of, when held 
Swamp lands exempted from taxation 



Savings Bank 



Taxation of acts of incorporation 
unreclaimed lands . 
lumber regulated 
express companies . 
railroads .... 
inlaeritances 
board of equalization of 
Tax commissioners, claims of 
Taxes, state and county, abated . 159, 162, 172, 179, 181, 182, 18. 

selectmen may re-assess in certain cases 
Tax, the state, to be assessed annually 
the county, to be assessed annually 
remitted to Carroll County Five Cents 
City Savings Bank . 
Telegraph lines, taxation of 
Town officers to be elected annually . 
Towns classed for election of representative 
Tramp defined and punished 
Treasurers, county, election of 
Trespass by animals, owner liable for 
Treasurer, state, authorized to issue bonds 

to issue license for selling lightning-i 
to issue license to express companies 

Varney, Ivory, claim of 

Varney, John B,., claim of 



ods 



AVages, assignments of, alphabetical list of . . . 

Westgate, Tyler, claim of 

Wiggin, Joseph F., claim of 

Wiggin, S. B., claim of 

Wilmot, the town of, lot severed from .... 

Winnipesaukee Lake Cotton and Woolen Manufacturing Company, 
mission on extended ....... 

Women may vote in school-meetings 



200 

199 

200 
168 
199 
191 
161 
222 
15:3 
161 
222 
197 
211 
20s 
158 
156 
207 
161 
189 
222 
168 
191 
187 
191 
209 
175 



165 

175 

178 

180 

196 

201 

198 

217 

5, 189, 190 

194 

161 

161 

211 

212 

182 

187 

. 191 

, 170 

, 161 

, 170 

, 173 

, 179 

, 180 

. 223 
, 217 



. 150 
217, 218 
. 223 
. 217 
. 165 
com- 
. 213 
. 176 



INDEX 

TO THE 

MILITIA LAW, 

PASSED 1878. 



Active militia, name of 229' 

composition of 229 

enlistments in ........ . 229 

l^avt of enrolled militia ....... 230 

Adjixtant-general to furnish enlistment-books 230 

appointment and duties of ... . 233, 234, 235 

otficial bond ......... 233- 

to record and forward brigade returns .... 240 

to record returns of assistant quartermaster-general . 240 

to act as paymaster-general ...... 246 

salary of 247 

Annual return of enrolled men ......... 239 

public property ........ 239 

Armories and gun-houses .......... 241 

Arms to be issued, when . 241 

Arrest and trial of officers 252 

Band, regimental 231 

how warned 245 

pay-roll of, by whom made ........ 248 

Battalion field and staff officers 237 

Bond, official, of adjutant-general ........ 233 

Brigade organization ........... 231 

Brigadier-general and staff 236 

Charges must be made within the year 253 

Clerk, company, duties of 239, 249 

fees, etc., for serving warrants 250 

Commander-in-chief may order out reserved militia, when .... 227 

to organize militia ....... 228 

to call out active militia first 229 

to order enlistment in deficient counties . . . 230 

may order companies to be raised, when . . . 230 

to approve enlistment-books .... 229, 230 

to issue order for meeting for nomination of officers . 230 

to organize brigade, etc. ...... 231 

may grant discharges, when ..... 232 

may order companies disbanded, when . , . 232 

to order annual encampments ..... 242 

may order target practice ^ 243 

courts-martial ...... 252 

may appoint special judge-advocate, when . . . 254 

may order courts of inquiry ..... 254 

to appoint commission to examine officers . . . 255 



320 



Index. 



[1878. 



Comuiissary-general, election of . 

duties of ... . 
salary of . 
Companies to be raised on petition 

number of men to ... . 
rank and designation of . 
assignment of . 
number of to a regiment 
to be disbanded, when 
independent, may be attached to militia 
commissioned and warrant officers of 
clerks of, duties of . 
annual parade of . . . 
commanders of to pay companies 
by-laws of ... . 
Courts-martial, pay of members of . 

order for and composition of 
oath to be taken by members of 
any member of may be challenged 
order of voting by . 
sentences by ... . 
disturbing, how punished . 
statements of parties to be in writing 
original records to be deposited 
fees of officers and members 
not to inflict capital punishments, when 
Courts of inquiry may be ordered, when . 

fees of officers and members of 

Damages from use of land for encampments 
Disability, evidence of .... . 
Discharge of enlisted men .... 

dishonorable, of officers and privates 
Draft of reserved militia may be ordered, when 



al 



Encampments, annual ..... 

authority of officers commanding 
Enlistment-books to be furnished by adjutant-general 

attested copy to be sent to the adjutant-gener 
Enlistments in active force ..... 
to be made by counties . 
what constitutes valid 
term of ..... . 

Enrolling officers, who are 

fine of,Jfor neglect of duty 
* Enrollment lists, to be made annually in April . 

to be filed in office of town and city clerks 
clerks to record and send certified copy to adjutant 
general .... 

Examination of officers ..... 

Excuses for non-appearance .... 

Exempts ........ 

Expense, annual, of militia limited 



Fees of witnesses 

officers and members of courts-martial . 
Fine for giving false information to enrolling officer 

of enrolling officer for neglect of duty 

for not attending school of instruction 

for neglect to warn band .... 

for failure of member of band to report for duty 

for neglect to make return of order 

for non-appearance for duty 

for absence without leave .... 

for appearing without uniform . 
with loaded firearms 

for refusal to obey orders .... 



. 233 

. 236 

. 247 

. 230 

. 231 

. 231 

. 231 

. 231 

. 232 

. 232 
237, 238 

. 239 

. 242 

. 248 

. 256 

. 247 

. 252 

. 252 

. 253 

. 253 

. 253 

. 253 

. 254 

. 254 

. 254 

. 255 

. 254 

. 254 

. 243 

245, 246 

231, 232 

. 251 

. 227 



242 

'. 243 

229, 230 

229, 230 
. 229 
. 230 
. 230 

230, 231 
. 226 
. 228 

226, 239 
. 226 



. 226 
. 255 
. 245 
226, 227 
. 255 



254 
254 
228 
228 
244 
245 
245 
245 
249 
249 
249 
249 
249 



1878.] Index. 321 

Fine, clerk to record 249 

how levied 249 

form of warrant for levying 250 

to be paid to state treasurer 250 

of wards and minors 250 

Government of militia 228,243,255 

Gun-houses and armories 241 

Horses, by whom furnished 240 

Independent companies may be attached to militia 232 

Inspector-general, appointment and term of office 233 

duties of 236 

pay of 246 

Judge-advocate-general, appointment of 233 

duties of 236 

Judge-advocate, pay of 247 

oath to be taken by 252 

to attend all courts 254 

special may be appointed, when 254 

to keep and transmit minutes 254 

Meetings for nomination of officers 230 

Militia, government and pay of, in active service . . . 228, 243, 255 

annual expense of, limited 255 

Minor not to be enlisted without consent of parent, etc 230 

JTame of reserved militia 226 

active force 229 

Nomination of officers, how made 230 

Notice of meeting for nomination of officers 230 

Oath of members of court-martial and judge-advocate .... 252 

court of inquiry 255 

witnesses . * . . 253 

Officers, commissioned, to furnish their own swords 228 

meetings for nomination of 230 

what, to a company . . . . . . . . • 237 

by whom appointed 237, 238 

arrest, resignation and removal of 238 

by whom commissioned . 238 

what persons shall not be 238 

to furnish their own uniforms 240 

state to furnish with belt, side-arms, etc 240 

arrest, and trial of * 252 

dishonorable discharge of 251 

non-commissioned, state to arm and equip 228 

to be appointed by regimental commandant, when . . . 237 

and privates of cavaliy to fm-nish their own horses . . . 240 

Ordnance and stores to be issued, when 241 

Orderly-book, by whom kept 238 

permits and surgeon's certificates to be recorded in . . 239 

Parades, annual company 242 

Pay of militia in active service 228, 246, 247 

of officers attending school of instruction 244 

of regimental band 247 

for use of horses 247 

of inspector-general 246 

Pay-rolls, when and by whom made 247, 248 

of brigade officers 248 

of field and staff _ 248 

Postage and other incidental expenses, by whom paid .... 248 

Powder, allowance for 241 

23 



322 



Index. 



[1878. 



Punishment for non-appearance of volunteers or drafted men 
for breaking and entering armories 
for larceny of or ti-espass on state property . 
for selling arms, equipments, etc. . 



Quartei-master-general, appointment and term of office 

duties of. . . . . . 

Regimental field and staff officers 

Rent of armories and gun-liouses ..... 
ReseiTed Militia of New Hampshire .... 

when and how called out 
each town to furnish its quota 

Return, annual, of enrolled men 

of public property 

regimental and brigade ." 

quartermaster's ....... 

Roster of officers and non-commissioned officers 



Salary of adjutant-general 

commissary-general . 
School of instruction for officers 
Staff of commander-in-chief 

regimental 
Surgeon-general, appointment of 
duties of . 



Transportation, by A\'hom furnished 
vouchers for 



Uniforms, officers to furnish their own 

majority of officers may adopt 
to be issued, when 



Vacant office, how filled 



Warnings, how and by whom 
Warrant for le\ying fines, form of 
Witnesses before courts-martial, pay of 

oath of 
how summoned 
fees of 



22T 
241 
241 
242 

233 
236 
236 
241 
226 
227 
227 
239 
239 
239 
239 
238 

247 
247 
244 
233 
236 
233 
233 

247 
248 

240 
240 
241 



237 



244 
250 
247 
253 
253 
254 



INDEX 



PRIVATE ACTS AND RESOLUTIONS, 



PASSED JUNE SESSION, 1878. 



Act to incorporate Concord Horse-railroad 

Granite State Deaf ]Mute Mission 

Holderness School for Boys .... 

Conference of Baptist Ministers in New Hampsh 

Profile and Franconia Notch Railroad 

Whitefield and Jefferson Railroad 

Crystal Springs "Water Company 

New Zealand River Railroad 

Winnicut Lodge, Freemasons 

St. Mary's Benevolent Association 

Trustees of Soldiers' Home 

Phillips Brook Improvement Company 

Unique Lodge, Independent Order of Substantial 

Elliot Bridge Company 

Provident Mutual Relief Association 

Ammonoosuc Telegraph Company 

Young Ladies' Library Association 

Forest Fiber Company 

Ammonoosuc Telegraph Company incorporated 

Baptist Ministers' Conference incorporated 
Blazing Star Lodge, charter amended 



Charter amended, city of Portsmouth 

Peterborough Company 

Portsmouth Temperance INIutual Relief Association 

Cocheco Manufacturing Company 

INIerrimack Ri-\-er Savings Bank . 

]\Iilford Five Cents Savings Institution . 

Eastern Railroad in New Hampshire . _ . 

New London Literary and Scientific Institution 

Hedding Camp-meeting Association 

Blazing Star Lodge, Freemasons . 

city of Nashua ...... 

Portsmouth, Great Falls, and Conway Raih'oad 

city of Concord 

city of Keene ...... 

city of Manchester ..... 

city of Dover 

Chase, William O., homestead changed for school purposes 
Crystal Springs Water Company 



257 
260 
262 
263. 
264 
266 
272 
274 
276 
276 
277 
278 
280 
281 
28a 
287 
289 
290 
287 

263 
283 



284 
286 
259 
259 
260 
261 
265 
269 
269 
283 
305 
291 
292 
293 
295 
301 
271 



324 



Index. 



[1878. 



Clement, J. Dow, homestead changed for school purposes . . . . 275 

Cocheco Maniifactiu-ing Company, charter amended .... 259 

Colby Academy 269 

Concord Horse-railroad incorporated ....... 252 

Concord, city of, charter amended 292 

Deaf Mute Mission incorporated 260 

Dover, city of, charter amended 301 

Eastern Railroad in New Hampshire, charter amended .... 265 

Elliot Bridge Company incorporated 281 

Ferrin, Jonathan B., homestead changed for school pvirposes . . . 264 

Forest Fiber Company incorporated 290 

Hampton, town of, authorized to purchase mill property .... 288 

Haverhill, school-district No. 12, act relating to 267 

Hedding Camp-meeting Association, charter amended .... 269 

Holderness School for Boys incorporated 262 

Keene, city of, charter amended ........ 293 

Lary, Thomas J., homestead changed for school purposes . . . 271 

Manchester, city of, charter amended ....... 295 

Merrimack River Savings Bank, charter amended ..... 260 

Milford Five Cents Savings Institution 261 

Nashua, charter amended .......... 305 

Nashua, relating to abolishing common council 270 

New London Literary and Scientific Institution, name changed . * 269 

New Zealand River Railroad incorporated 274" 

Pahner, Andrus and Orren A., homesteads changed for school pm'poses . 268 

Peters, Moses, homestead changed for school pui-poses .... 272 

Peterborough Company, charter amended 286 

Peverly, Frank, homestead changed for school purposes .... 268 

Phillips Brook Improvement Company 278 

Portland and Ogdeusburg Railroad, amendment 282 

Portsmouth, charter amended 284 

Portsmouth Temperance ]\Iutual Relief Association, charter amended . 259 

Profile and Franconia Notch Railroad incoi-porated 264 

Provident INIutual Relief Association incorporated . . ' . . . 283 

Railroad incorporated, Concord Horse 257 

Profile and Franconia Notch 264 

Whitefield and Jefferson 266 

New Zealand River 274 

charter amended. Eastern in New Hampshire .... 265 

Portland and Ogdensburg, right of way granted .... 282 

Smith, Charles, homestead changed for school purposes .... 268 

Soldiers' Home, Trustees of 277 

St. ]\Iary's Benevolent Association incorporated 276 

Substantials, fniqxie Lodge ......... 280 

Sutton, district No. 12, tax legalized 263 

Tebbetts, John G., homestead changed for school purposes . . . 280 

Telegraph Company, Ammonoosuc, incorporated ..... 287 

Tuttle, James M., homestead changed for school purposes . . . 275 

Webster, school-district No. 2, in town of . . . .... 270 

Whitefield and Jefferson Railroad incorporated 266 

Winnicut Lodge, Freemasons, incorporated 276 

Wycom, Thomas, homestead changed for school pui-poses . . . 272 



Young Ladies' Libraiy Association incorporated 



289 



I