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



L AAY S 



STATE OF NEW HAMPSHIRE 



PASSED JUNE SESSIOISr, 1870. 




MANCHESTER: 

JOTIK H. CLARKi:, STATE P lU N T K R 

18 7 9. 



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L AW S 



STATE OF NEW HAMPSHIRE 



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- FUSSED JUK^E SESSIOIs^, 1879. 



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JOSHUA B. SMITH. 




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MANCHESTER : 

JOHN B. CLARKE, STATE PRINTER 
1879. 




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STATE OFFICERS. 



NATT HEAD, Governor. 

AI B. THOMPSON, Secretary of State. 

ISAAC W. HAMMOND, Deputy Secretary of State. 

SOLON A. CARTER, State Treasurer. 

JOHN B. CLARKE, Public Printer. 

JACOB H. GAIAA^G^U, President of the Senate. 

JAMES E. DODGE, Clerk of the Senate. 

HENRY H. HUSE, Speaker of the House. 
Z ALPHEUS W. BAKER, Clerk of the House. 

t^ AUGUSTUS D. AYLING, Adjutant- General. 

'^ JOHN C. PILSBURY, Warden of State Prison. 

f^ OLIVER PILLSBURY,. /«5wra?2ce Commissioner. 

CHARLES A. DOWNS, Superintendent of Public Instruction. 

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

WILLIAM H. KIMBALL, State Librarian. 



SUPREME COURT. 



)> Associate Justices. 



CHARLES DOE, Chief Justice. 

WILLIAM L. FOSTER, ^ 

CLINTON W. STANLEY, 

GEORGE A. BINGHAM, 

WILLIAM H. H. ALLEN, 

ISAAC W. SMITH, 

LEWIS W. CLARK, 

MASON W. TAPPAN, Attorney- General. 

EDWARD A. JENKS, Law Reporter. 



Qo\-^ 



LAWS 



STATE OF NEW HAMPSHIRE 



PASSED JUNE SESSION, 1879. 



CHAPTER 1. 

AN ACT RELATING TO THE TENURE OF OFFICE OF SHERIFFS AND 
OTHER COUNTY OFFICERS. 

Sect. 1. Tenure of oflBce of elective county officers. 

Be it enacted by the Senate and House of Representatives in 
General Cour^. convened : — 

Sect. 1. The persons who were elected to the several offices of tenure of office^ 
sheriff, county solicitor, county treasurer, register of deeds, regis- ty officers. 
ter of probate, and county commissioners, at the election in 
November last, in the several counties in this state, shall hold 
their respective offices until the thirtieth day of June in the year 
of our Lord one thousand eight hundred and eighty-one and until 
others are chosen and qualified in their stead ; and those who shall 
be hereafter chosen at any biennial election shall take their places 
on the first day of July next succeeding their election, and shall 
hold their offices two years and until others shall be chosen and 
qualified in their stead. 

[Approved June 25, 1879.] 



330 



Chapters 2, 3. 



[1879. 



CHAPTER 2. 

AN ACT IN AMENDMENT OF SECTION TEN, CHAPTER EIGHTY-FOUR OF 
THE GENERAL LAWS, RELATING TO THE MAINTENANCE OP BASTARD 
CHILDREN. 



Sect. 

1. Respondent in bastardy, how discharged 
from imprisonment. 



Sect. 
2. Repealing clause ; takes effect, when. 



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

Respondent in Sect. 1. Sectlon tcii of chapter eighty-four of the General 

dfsdiarged from Laws is hereby amended, so that said section, as amended, shall 

imprisonment. ^.^^^ ^^ follows : " Scct. 10. If any person committed to prison 

by virtue of this chapter is poor, and unable to pay such sum or to 

procure such security as may be ordered, any justice of the 

supreme court, on application in term time or vacation for that 

purpose, may discharge such person from imprisonment at such 

time and upon such terms as he thinks expedient." 

^i^uf"°tikes Sect. 2. All acts and parts of acts inconsistent with this act 

effect, 'when, are hereby repealed, and this act shall take effect upon its passage. 

[Approved June 25, 1879.] 



CHAPTER 3 



AN ACT TO LEGALIZE THE VOTES AND ALL PROCEEDINGS OF THE TOWN 
OF LONDONDERRY AT THE ANNUAL MEETING OF THE INHABITANTS 
OF SAID TOWN HOLDEN MARCH 11, 1879. 



Sect. 



Proceedings of town meeting and acts of 
town officers legalized. 



Sect. 
2. Takes effect, when. 



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



Proceedings of Sect. 1. That all the votes, doings, and proceedings of the 
andl^rof totn towu of Loiidondcrry at the annual meeting of the inhabitants 
officers legalized, ^i^ercof holdcii March 11, 1879, are hereby made legal ; and all 
doings of the officers of said town in pursuance of the votes and 
resolutions of said town at said meeting are hereby ratified, con- 
firmed, and legalized. 
Takes effect, Sect. 2, This act shall take effect upon its passage. 

[Approved June 27, 1879.] 



1879.] Chapters 4, 5. 331 



CHAPTER 4. 

AN ACT AMENDING SECTION SIXTEEN OF CHAPTER ONE HUNDRED AND 
SEVENTY-NINE OF THE GENERAL LAWS, IN REGARD TO THE PROTEC- 
TION OF LOBSTERS. 

Sect. 1. Lobsters protected. 

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

Sect. 1. That all of section sixteen in chapter one hundred Lobsters pro- 
and seventy-nine of the General Laws, between the word "lobster," 
in the second line of said section, and the word "and," in the 
tenth line of said section, shall be stricken therefrom, and the 
following inserted in place thereof : " Less than ten and one-half 
inches in length, measuring from one extreme of the body, extend- 
ed, to the other, exclusive of claws or feelers." 

[Approved June 27, 1879.] 



CHAPTER 5. 

AN ACT IN RELATION TO SAVINGS BANKS. 



Sect. 
2. Takes effect, when. 



Sect. 
1. Closing up of insolvent savings banks regu- 
lated. 

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

Sect. 1. Whenever any savings bank which has heretofore had, closing up of in. 

•' • -\ -\ 1 J.1 • • X solvent savings 

or may hereafter have, its deposits reduced, under the provisions oi banks regulated, 
sections twenty and twenty-one of chapter one hundred and 
seventy of the General Laws, and which has kept or shall keep all 
moneys deposited after such reduction, together with the interest 
or dividends accruing therefrom, separate and distinct from those 
previously deposited, and has kept or shall keep the securities in 
which the same are invested, separate and distinct from those 
pertaining to the reduced deposits, and whenever in such cases 
there shall be occasion for the supreme court or any justice 
thereof, on application of the bank commissioners, to enjoin such 
bank from doing business, and to appoint an assignee or assignees, 
under existing laws, such injunction, the appointment of an 
assignee or assignees, and all other proceedings therein may, in 
the discretion of the court or such justice, be made applicable only 
to the deposits so reduced, the interest or dividends thereon, the 
securities, income, and assets thereof, and all else pertaining 
thereto, or applicable only to the deposits made after such reduc- 
tion, the interest or dividends thereon, the securities, income, and 
assets thereof, and all other matters pertaining thereto, or to both 



r: 



332 



Takes effect, 
when. 



Chapters 5, 6, 7. 



[1879. 



of such classes of deposits, the securities, income, and assets 
thereof, and all other matters pertaining thereto. Provided^ 
however^ that all applications of the bank commissioners to the 
court for the appointment of assignees to close up either the old or 
new accounts shall be pulilished in one or more newspapers printed 
in the county where the bank is situated, for the space of fifteen 
days previous to the hearing of such application by the court. 

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

[Approved June 28, 1879.] 



CHAPTER 6. 

AN ACT TO AMEND SECTION TWELVE, CHAPTER FORTY OF THE GENERAL 
LAWS, RELATING TO TOWN OFFICERS. 

Sect. 1. Measurers of bark may be chosen. 

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



Measurers of 
bark may be 
chosen. 



Sect. 1. That section twelve of chapter forty of the General 
Laws be amended by adding the words " and bark," after the word 
" wood," in the fourth line, so that this part of the section, as 
amended, shall read " measurers of wood and bark." 

[Approved July 1, 1879.] 



CHAPTER 7 



AN ACT IN RELATION TO AMENDMENTS IN CIVIL CASES. 



Sect. 
1. Amendments in civil cases. 



Sect. 
2. Takes effect, when. 



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



Amendments in 
civil cases. 



Takes effect, 
when. 



Sect. 1. In civil cases, section nine of chapter two hundred 
and twenty-six of the General Laws is so amended as to permit 
any amendment to be made when it shall appear to the court that 
it is necessary for the prevention of gross injustice. 

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

[Approved July 1, 1879.] 



1879.] Chapters 8, 9. - 333 



CHAPTER 8. 

AN ACT RELATING TO POLICE OFFICERS AND CONSTABLES IN WARD ONE, 
CONCORD, AND SCHOOL-DISTRICT NUMBER SEVEN IN BOSCAWEN. 



Sect. 

1. Jurisdiction of police ofBcers defined. 

2. Jurisdiction of police officers defined. 



Sect. 
3. Takes effect, when. 



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

Sect. 1. Police officers or constables elected or appointed by Jurisdiction of 
the city of Concord, and residing in ward number one of said city, defined^.**^^" 
shall have the same authority and powers within the limits of 
school-district number seven in the town of Boscawen, by virtue of 
their offices, as they have in said city of Concord. 

Sect. 2. Police officers and constables elected or duly appoint- Jurisdiction of 
ed in the town of Boscawen, and residing in school-district number defined*! 
seven in said town, shall have the same authority and powers 
within the limits of ward number one in the' city of Concord, by 
virtue of their offices, as they have in said town of Boscawen. 

Sect. 3. This act shall be in force from and after its passage. Takes effect, 

[Approved July 1, 1879.] '''''''■ 



CHAPTER 9. 

AN ACT IN AMENDMENT OF SECTION THREE, CHAPTER TWO HUNDRED 
AND TWELVE OF THE GENERAL LAWS, IN RELATION TO THE ATTEND- 
ANCE OP CLERKS OF COURT AT THE LAW TERMS OF THE SUPREME 
COURT. 

Sect. I Sect. 

1. Clerk for each county to attend law terms. | 2. Repealing clause. 

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

Sect. 1, Section three of chapter two hundred and twelve of cieru for each 
the General Laws is hereby amended by striking out in the second uw'terms.^"^" 
line of said section the words following, to wit : " when required 
by said court," so that said section, as amended, shall read as 
follows, to wit : " Sect. 3. The clerk for each county shall 
attend at each law term of said court, and discharge the duties of 
his office in relation to the business of his county, as if the court 
were sitting therein ; and, for said service, he shall receive from 
the state treasury five dollars per day for his attendance, and ten 
cents per mile for his travel to and from said court." 

Sect. 2. All acts and parts of acts inconsistent with the pro- Repealing 
visions of this act are hereby repealed. 

[Approved July 3, 1879.] 



334 



Chapters 10, 11. 



[1879. 



CHAPTER 10. 

AN ACT TO CHANGE THE TIMES FOR HOLDING THE TRIAL TERMS OF THE 
SUPREME COURT FOR THE SOUTHERN DISTRICT OF COOS COUNTY. 



Sect. 
1. Trial terms, southern district of Coos, when 
held. 



Sect. 

2. Return day changed. 

3. Takes effect, when. 



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



Return day 
changed. 



Trial terms, Sect. 1. That tliG last clausG of sectioii three, chapter two 

of coos™when'° hunclred and ten of the General Laws shall be changed so as to 

^^^^- read as follows : " For the southern district of the county of Coos, 

— at Lancaster, on the second Tuesday of April and the second 

Tuesday of October." 

Sect. 2. That all writs and other processes made returnable 
before said court on the first Tuesday of November next shall be 
entered in said court at the term thereof to be held on the second 
Tuesday of October next, the same as though the return day 
named in such writ or other process were the second Tuesday of 
October next. 

Sect. 3. This act shall take effect from its passage. 
[Approved July 3, 1879.] 



Takes effect, 
when. 



CHAPTER 11. 

AN ACT IN AMENDMENT OF SECTION FOUR, CHAPTER ONE HUNDRED AND 
FIFTEEN OF THE GENERAL LAWS, RELATING TO BOUNTIES FOR THE 
DESTRUCTION OF WILD ANIMALS. 



Sect. 
1. Bounty on foxes repealed. 



Sect. 
2. Takes effect, when. 



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



Bounty on foxes 
repealed. 



Takes effect, 
when. 



Sect. 1. That section four, chapter one hundred and fifteen of 
the General Laws, providing for the payment of bounties upon 
foxes, is hereby repealed. 

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

[Approved July 3, 1879.] 



1879.] 



Chapter 12. 



335 



CHAPTER 12. 

AN ACT ENTITLED " AN ACT TO PROVIDE FOR THE BETTER PROTECTION 
OF DESTITUTE AND ABUSED CHILDREN." 



Sect. 

1. Judge of probate may appoint whom guar- 

dian for neglected minors. 

2. Police judge may give custody of such child 

to whom. 



Skct. 

3. Guardians so appointed not obliged to act. 

4. Takes effect, when. 



Be it enacted by the Senate and House of Represcritatives in 
Greneral Court convened: — 



Sect. 1. Whenever it sliall be made to appear to the judge of ^"ay^ap^po^nt^^** 
probate for any county in this state that any minor resident whom guardian 
therein under the age of fourteen years is entirely abandoned, or mLo?!.^*' ^ 
treated with gross and habitual cruelty, or neglected in such a 
manner as to amount to cruelty, by the parents or other persons 
having custody of such minor, or that such minor is illegally 
de]irived of liberty, said judge may appoint as guardian of such 
minor the " New Hampshire Society for the Prevention of Cruelty 
to Children," for such period as he may think proper, and said 
society shall tliereupon become entitled to the custody of such 
minor to the exclusion c?f any other person whomsoever. Said 
judge of probate may, at any time, for good cause shown, revoke 
said decree. 

Sect. 2. Upon complaint of said society, that any child under Police judge may 
the age of fourteen years has been abandoned, or treated in a gross fich*chnd^t^o°^ 
and habitually cruel manner, or neglected in such a manner as to ^^°™- 
amount to cruelty, the judge of any police court may, within his 
jurisdiction, give the custody of such child to said society for a 
period not exceeding sixty days, and the society may thereupon 
apply to the probate court for the guardianship of such child upon 
such notice as the judge of probate may order. And the judg- 
ment of any police court in giving custody of any child to said 
society shall be prhna-facie evideiice in the probate court of the 
abandonment or cruel treatment of such child. 

Sect. 3. Nothing in this act shall be construed to oblige said Guwdian so ap- 
society to receive the custody of any child. owiged to act. 

Sect. 4. This act shall take effect upon its passage. T^es effect, 

[Approved July 3, 1879.] 



336 



Chapters 13, 14. 



[1879. 



CHAPTER 13. 

AN ACT IN RELATION TO THE WAIV-ER OP THE STATUTORY PROTECTION 
OP PERSONS INSURED. 

Sect. 1. Contracts of insurance regulated. 

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

Contracts^oMn. Sect. 1. Chapter one hundred and seventy-two of the General 
lated. Laws shall be a part of every contract of insurance to whicli said 

chapter is applicable; and said chapter and this act shall be 
plainly printed in every such contract. No waiver of any part of 
said chapter or of this act shall be set up by the insurer, and any 
stipulation of the contract in conflict with this act shall be void. 
[Approved July 11, 1879.] 



CHAPTER 14. 

AN ACT IN AMENDMENT OF CHAPTER EIGHTY-THREE OF THE GENERAL 
LAWS, IN RELATION TO THE SUPPORT OF COUNTY PAUPERS. 

Sect. 1. Counties, when and how liable: notice of suit. 

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



Counties, when 
and how liable ; 
notice of suit. 



Sect. 1. Section one of chapter eighty-three of the General 
Laws is hereby amended, so that said section shall read as follows : 
" Sect. 1. When any poor person, for whose support no person or 
town in this state is chargeable, shall be relieved or buried at the 
expense of any town, the overseers of the poor, as soon as practi- 
cable thereafter, or, in case a suit therefor has, before the termina- 
tion of one year, been commenced against any town or person, 
within six months after the termination thereof, may present an 
account of all moneys so expended to the county commissioners of 
the county in which such town is, with proper vouchers, and they 
shall allow such sum as they shall think reasonable, to be paid out 
of the treasury of the county ; and notice of such suit shall be 
given to the county commissioners of the county that may be 
charged with such expense, fourteen days before the entry of said 
action ; and thereupon the commissioners may be admitted to 
defend said suit." 

[Approved July 11, 1879.] 



1879.] Chapters 15, 16. 337 



CHAPTER 15. 

AN ACT IN AMENDMENT OF SECTION NINE, CHAPTER ONE HUNDRED AND 
EIGHTEEN OF THE GENERAL LAWS. 

Sect. I Sect. 

1. Partnerships may be renewed, wlien. I 2. Takes effect, when. 

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

Sect. 1. That section nine of chapter one hundred and eighteen Partnerships 
of tlie General Laws be amended by inserting after the word when.* "^^"^^ ' 
" formation," in the fourth line of said section, and before tlie 
word " and," in the same line, the words " such partnership may 
be renewed at any time within thirty days after the expiration of 
the previous partnership," so tliat the last sentence of said section 
may read : " Such partnership may be renewed at any time within 
thirty days after the expiration of the previous partnership, and 
every such partnership which shall be otherwise renewed or contin- 
ued shall be a general partnership." 

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

[Approved July 14, 1879.] ^'''"• 



CHAPTER 16. 

AN act IN AMENDMENT OF CHAPTER ONE HUNDRED AND SEVENTY-SEVEN 
OP THE GENERAL LAWS, RELATIVE TO THE TAKING OF BIRDS. 

Sect. | Sect. 

1. Birds may be taken, when. I 2. Takes effect, when. 

Be it enacted hy the Senite an I House of Representatives in 
General Court convened: — 

Sect. 1. That section one of chapter one hundred and seventy- Birds may be 
seven of the General Laws be amended by adding at the close of *''^®°' '''^®°" 
said section the following : " Any resident of the state, over 
eighteen years of age, with the sole purpose of furnishing speci- 
mens for a cabinet, may receive from the secretary of the board of 
agriculture a permit for that purpose only, revocable for good 
cause, exempting him from the provisions of this section ; provided, 
he shall furnish from the selectmen of the town, or mayor of the 
city, in which he resides, a certificate, indorsed by one of the fish 
and game commissioners, or a member of tlie board of agriculture, 
that he is a proper person to receive such a permit. 

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

[Approved July 16, 1879.] ^^'"» 



838 



Chapters 17, 18. 



[1879. 



CHAPTEE 17. 

AN ACT IN AMENDMENT OF AN ACT APPROVED JULY 25, 1878, AND 
ENTITLED " AN ACT IN AMENDMENT OF SECTION THIRTY-THREE, 
CHAPTER ONE OF THE ACTS OF 1868, IN RELATION TO THE EXEMPTION 
OF HOMESTEADS." 

Sect. 1. Existing rights not affected. 

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

^^i*"°g."f'^ts Sect. 1. That the homestead exemption named in the act to 

not anected. i-ii- • i iii/>p 

which this act is an amendment shall not affect any right existing 
or contract made prior to the twenty-fifth day of Julv, 1878. 
[Approved July 16, 1879.] 



CHAPTER 1 



AN ACT TO DISANNEX CERTAIN LAND OF THOMAS M. STEELE, DAVID 0. 
GATE, AND HENRY PAUL FROM THE TOWN OF ROLLINSFORD, AND 
ANNEX THE SAME TO THE CITY OF DOVER. 



Sect. 
1. Town lines changed. 

Be it enacted hy the Senate 
G-eneral Court convened : — 



Sect. 
2. Takes effect, when. 



and House of Representatives in 



Town lines 
clianged. 



Takes effect, 
when. 



Sect. 1. That the southerly line of the town of Rollinsford 
hereafter shall commence at Fresh creek, at the northwest corner 
of the field of David 0. Gate, and run thence easterly, by the 
northerly line of said field and the northerly side line of the 
pasture of Thomas M. Steele, to Salmon Falls river, and that all of 
said town of Rollinsford which lies southerly of said line be and 
hereby is disannexed from said Rollinsford and annexed to and be 
a part of the city of Dover. 

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

[Approved July 16, 1879.] 



1879.] Chapters 19, 20. 339 



CHAPTER 19. 

AN ACT RELATING TO THE SERVICE OF WRITS UPON TRUSTEES DOING 
BUSINESS IN THIS STATE, BUT RESIDING ELSEWHERE. 

Sect. I Sect. 

1. Notice of disclosure in trustee suit. | 2. Takes effect, when. 

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

Sect. 1. Whenever the defendant in any suit has left the state, Notice of dis- 

-, t . . -, . 1 1111 J.J. closure in trus- 

and his residence is unknown, and he has no known attorney or tee suit, 
agent in the state, the disclosure of the trustee may be taken, upon 
giving such notice as the court may order. 

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

[Approved July 16, 1879.] 



CHAPTER 20. 

AN ACT IN AMENDMENT OF SECTION TEN, CHAPTER FOUR OF THE 
GENERAL LAWS, RELATING TO DEPOSITING COPIES OF THE JOURNAL 
OF THE SENATE AND HOUSE IN THE OFFICE OP THE SECRETARY OF 
STATE. 

Sect. 1. Clerks to deposit and furnish journals. 

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

Sect. 1. That section ten of chapter four of the General Laws cierks to deposit 
be amended by striking out all of said section, and inserting in journals. 
place thereof the following, to wit : " Sect. 10. The clerks of the 
senate and house shall each prepare a certified copy of their 
respective journals, having as few paragraphs or break-lines as may 
be consistent with good taste and necessary for a proper under- 
standing of the same, the yeas and nays to be arranged in para- 
graphs instead of columns, the yeas of each county forming a 
paragraph, and the nays the same, with side-headings, and a 
digested index of the contents thereof, for the press, and deliver 
the same to the public printer within thirty days after the close of 
the session. The state printer shall furnish to each of said clerks, 
as soon as the same are printed, a copy of the said journals of the 
senate and house respectively, which the said clerks shall certify 
in writing, and lodge, within ten days thereafter, in the office of the 
secretary, to be deposited in the state archives." 

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

Sect. 3. This act shall take effect from and after its passage. 

[Approved July 16, 1879.] 



340 



Chapters 21, 22. 



[1879. 



CHAPTER 21. 

AN ACT PROHIBITING THE EMPLOYMENT OP CHILDREN UNDER TEN 
YEARS OF AGE IN MANUFACTURING CORPORATIONS. 



Penalty for em- 
ploying child 
under ten. 



Fine paid to 
whom. 



Takes effect, 
when. 



Sect. Sect. 

1. Penalty for employing child under ten. 3. Limitation. 

2. Fine paid to whom. 4. Takes effect, when. 

Be it enacted by the Seriate and Rouse of Representatives in 
General Court convened: — 

Sect. 1. No child under tlie age of ten years shall be employed 
by any manufacturing corporation in this state ; and any agent, 
superintendent, or overseer, in any corporation, who willfully 
employs, or permits to be employed, any child in violation of this 
act, shall, for such offense, be fined not less than twenty dollars 
nor more than one hundred dollars. 

Sect. 2. Such fine shall be paid, one half to the complainant, 
and the other half to the use of the county where the offense was 
committed. 

Sect. 3. No prosecution under this act shall be sustained one 
year after the offense is committed. 

Sect. 4. This act shall take effect on the first day of October 
next. 

[Approved July 16, 1879.] 



CHAPTER 22. 



AN ACT AMENDING SECTION ONE OF CHAPTER NINETY-SIX OF THE 
general LAWS, IN REGARD TO THE " FORMATION AND DUTIES OF 
THE ACTIVE FORCE." 



years 
enlisted. 



Sect. 1. Veteran soldiers not above fifty years old may be enlisted. 

Be it enacted by the Senate and House of ReiJresentatives in 
Greneral Court convened: — 

Veteran soldiers Sect. 1. That after the words "forty-five years" in tlie twenti- 
not above^fty^^ ^^^^ liiic of scctiou ouc, chaptcr ninety-six of the General Laws, 
shall be inserted the following word's : '' except honorably dis- 
charged veteran soldiers of the United States, who may enlist up to 
the age of fifty years," so that portion of the section may read as 
follows : " No'enlistment shall be allowed in tlie New Hampshire 
National Guard other than able-bodied citizens of tliis state between 
the ages of eighteen and forty-five years, except honorably dis- 
charged veteran soldiers of the United States, who may enlist up to 
the age of fifty years, residing in the town or city, or an adjoining 
town or city, where the armory of the troop of cavalry, platoon or 
battery of light artillerv, or company of infantry is situated." 
[Approved July 16, 1879.] 



1879.] Chapters 23, 24. 

CHAPTER 23. 

i 

AN ACT IN AMENDMENT OF CHAPTER ONE HUNDRED AND SEVENTY- 
NINE OP THE GENERAL LAWS, RELATING TO FISH LAWS. 



Sect. 

1. Bass and smelts may be taken at any season. 

2. Repealing clause. 



Sect. 
3. Takes effect, when. 



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

Sect. 1. It shall be lawful at anytime to take or catch, with i'-t^s and smeits 
nets or otherwise, any striped bass or smelts in any of the waters aTany^^season. 
of this state, provided no striped bass shall be so taken, caught, or 
destroyed less than fifteen inches in length. 

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

Sect. 3. This act, and also the act amending the sixteenth sec- Takes effect, 
tion of the same chapter, in regard to the protection of lobsters, ''^''*"' 
passed this session, shall take effect on their passage. 

[Approved July 16, 1879.] 



CHAPTER 24. 

AN ACT TO ENCOURAGE THE GROWING OP THE SUGAR BEET. 

Sect. I Sect. 

1. Manufacture of beet sugar encouraged. | 2. Takes effect, when. 

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

Sect. 1. That the governor and council are hereby authorized, M,-vnufacture of 
upon such terms and conditions as they shall deem advantageous courf^ed'.'^ ^^' 
to the state, to contract with any responsible party or company to 
pay said party or company a sum not exceeding one cent per pound 
on all beet sugar manufactured in this state from beets raised in 
the state ; the amount of bounty so paid not to exceed seven thou- 
sand dollars in any one year, and not to exceed ten years from the 
time of the payment of the first bounty money. 

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

[Approved July 16, 1879.] "^^^°- 



342 



Chapters 25, 26. 



[1879. 



CHAPTER 25. 

AN ACT IN AMENDMENT OF SECTIONS FIVE AND SIX OF CHAPTER ONE 
HUNDRED AND TEN OF THE GENERAL LAWS. 



Sect. 
1 Six months' license may be granted. 



Sect. 
2. Takes effect, when. 



Be it enacted hy the Senate and House of Mepresentatives in 
Greneral Qourt convened : — 



Six months' li- 
cense may be 
granted. 



Takes effect, 
when. 



Sect. 1. The clerk of every town and city shall issue to the 
owner or person having charge of any billiard-table or bowling- 
alley kept for hire, upon application of said owner or person and 
the payment of five dollars to said clerk, a license for six months 
from the first day of May in the year in which such application shall 
be made, subject, however, to all the provisions of sections five 
and six of said chapter that are not inconsistent with this act. 

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

[Approved July 16, 1879.] 



CHAPTER 26. 

AN ACT IN RELATION TO DEMANDING ATTACHED PROPERTY OF THE 
PERSON RECEIPTING THE SAME. 



Sect. 

1. Demand for receipted attached property on 
absent receiptor, how made. 



Sect. 
2. Takes effect, when. 



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



Demand for re- 
ceipted attached 
property on ab- 
sent receiptor, 
how made. 



Takes'effect, 
when. 



Sect. 1. When a person who has receipted property attached is 
absent from the county of his residence, demand may be made 
upon him, by the proper officer holding the receipt for such prop- 
erty, by leaving at the last and usual place of abode of such person 
a notice in writing, signed by such officer, and directed to such per- 
son, and containing a statement of the kind and amount of prop- 
erty for which the receipt was given, the names of the parties to 
the writ on which the receipted property was attached, and the 
time when and the place where such property is required to be 
delivered to such officer ; and a demand so made upon such person 
shall charge him and make him liable upon his receipt, the same as 
if demand upon such receipt had been duly made upon him in his 
own proper person. 

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

[Approved July 16, 1879.] 



1879.] Chapters 27, 28. 343 



C PI AFTER 27. 

AN ACT TO PROVIDE FOR THE ASSESSMENT AND COLLECTION OF AN 
ANNUAL STATE TAX FOR THE TERM OF TWO YEARS. 

Sect. 1. $400,000 state tax animally for two years. 

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

Sect, 1. The sum of four hundred thousand dollars shall be ^'^'"^'^"^0 ^^t'-^te 
raised, annually, for the term of two years, for the use of the state UTOj-eal^'."^^""^ 
treasury, on or before the first day of December in each of the 
years eighteen hundred and eighty and eighteen hundred and 
eighty-one ; and the state treasurer is hereby directed seasonablv 
to issue his warrants to the selectmen of the several towns and 
places and to the assessors of the several cities in this state, accord- 
ing to the apportionment of the public taxes made at the June 
session, eighteen hundred and seventy-nine ; and the selectmen of 
such towns and places and the assessors of such cities are hereby 
required to assess the sums specified in said warrants, and cause 
the same to be paid to said treasurer, on or before the first day 
of December in the years eighteen hundred and eighty and eigh- 
teen hundred and eighty-one ; and the state treasurer is hereby 
authorized to issue his extents for all the taxes which shall remain 
unpaid on the dates last above named. 

[Approved July 18, 1879.] . 



CHAPTER 28. 

AN ACT TO legalize THE DOINGS OF CERTAIN TOWNS AND OFFICERS 

OF TOWNS. 

Sect. i Sect. 

1. Proceediugs of towns legalized. 2. Takes effect, when. 

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

Sect, 1. The proceedings of the selectmen of the towns of Lee, Proceedings of 
Carroll, Pittsburg, and Alexandria in the assessment of taxes for 
said towns for the current fiscal year ; the proceedings of the col- 
lector of taxes for the town of Bethlehem in the sale of resident 
lands for non-payment of taxes, on the fifteenth day of June, A. D. 
1878, in so far as the same may be defective by reason of said sale 
not being advertised for and made on an earlier day in said year : 
the proceedings of the towns of Danville and Washington at their 
last annual March meetings, in voting to raise money in said towns, 
respectively, by taxation ; the election of supervisors at a town 
meeting holden in Richmond on the thirteenth dav of Januarv, 
A. D. 1879 ; the proceedings of the town of Haverhill at its annual 



344 



Takes effect, 
when. 



Chapters 28, 29, 30. 



[1879. 



town meeting in March, A, D. 1879, including the election of ofifi- 
cers and votes to raise money in said town by taxation, — are here- 
by made legal and valid. 

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

[Approved July 18, 1879.] 



CHAPTER 29. 

AN ACT IN AMENDMENT OP SECTION FIVE, CHAPTER TWO HUNDRED 
AND EIGHTY-NINE OF THE GENERAL LAWS, RELATING TO SALARIES 
AND COMPENSATION OF CERTAIN OFFICERS. 



Sect. 
1. Adjutant-General's salary. 



Sect. 
2. Takes effect, when. 



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



Adjutant-Gen- 
eral's salary. 



Takes effect, 
when. 



Sect. 1. Section five, chapter two hundred and eighty-nine of 
the General Laws, is amended by striking out the words " six hun- 
dred," in the fourth line, and inserting instead thereof the words 
" one thousand," so that the salary of the adjutant-general shall be 
one thousand dollars instead of six hundred dollars. 

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

[Approved July 18, 1879.] 



CHAPTER 30 



AN ACT REGARDING DISEASED ANIMALS. 



Sect. 

1. Penalty for exposing diseased horses. 

2. Domestic animals. 



Sect. 

3. Offending parties to be prosecuted. 

4. Takes effect, when. 



Be it enacted by the Senate and House of Represe^itatives in 
General Court convened: — 



Penalty for ex- 
posing diseased 
horses. 



Domestic ani- 
mals. 



Offending par- 
ties to be prose- 
cuted. 



Sect. 1. Any person who shall expose or suffer to be exposed, 
in any highway, public place, or pasture, any horse affected by the 
disease known as glanders, shall be liable to the penalj^y of a fine 
not exceeding fifty dollars for each offense, for the benefit of the 
town or city where such offense is committed. 

Sect. 2. Any person exposing any domestic animal as afore- 
said, affected with any contagious or troulilesome disease, shall be 
liable to a fine not exceeding twenty-five dollars, for each offense, 
for the benefit of the town. 

Sect. 3. The marshals of cities, the selectmen or police 
officers of towns, where such offenses are committed, on ])roper 



1879.] Chapters 30, 31, 32. 345 

and satisfactoiy evidence, shall cause the parties so offending to be 
prosecuted. 

Sect. 4. This act shall take effect on its passage. whln**^'"'' 

[Approved July 18, 1879.] 



CHAPTER 31. 

AN ACT FOR THE RELIEF OF THE TOWNS OP NEWCASTLE AND ALBANY. 

Sect. ' I Sect. 

1. State and county taxes abated. I 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 |^^^^«^^^^^^o^nty 
to abate from the state tax for the year eighteen hundred and 
seventy-nine, to be paid by the towns of Newcastle, in the county 
of Rockingham, and Albany, in the county of Carroll, the sum of 
one hundred dollars each. And the treasurer for said county X)f 
Rockingham, for said town of Newcastle, and the treasurer of 
said county of Carroll, for said town of Albany, are each required 
to abate one hundred dollars from the respective amounts of county 
tax for each of said towns to be paid by said towns for the year 
aforesaid. 

Sect. 2. This act shall take effect upon its passage, and all acts ^^,^n .^fepeki- 
or parts of acts inconsistent herewith are hereby repealed. '"s clause. 

[Approved July 18, 1879.] 



CHAPTER 32. 

AN ACT TO ESTABLISH A NEW APPORTIONMENT FOR THE ASSESSMENT OF 

PUBLIC TAXES. 

Sect. | Sect. 

1. Proportion of every thousand dollars of public 2. Continues till new proportion made, 
taxes to each town. 

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

Sect. 1. That, of every thousand dollars of public taxes here- f^eTy^thousaLi 
after to be raised, the proportion which each town and place shall J^^"g*/j^"gJ,;}j''^''' 
pay, and for which the treasurer of the state is hereby authorized town, 
to issue his warrant, shall be as follows, to wit : — 

ROCKINGHAM COUNTY. County^Ss.Sl. 

Atkinson, one dollar and seventy-eight cents . . . f 1 78 
Auburn, one dollar and sixty-eight cents . . . . 1 68 



346 



Chapter 32. 



[1879. 



Brentwood, one dollar and eighty-seven cents 
Candia, two dollars and seventy cents 
Chester, two dollars and fifty-four cents . 
Danville, one dollar and seventeen cents . 
Deerfield, two dollars and ninety-six cents 
Derry, four dollars and fifty-one cents 
East Kingston, one dollar and forty-two cents 
Epping, three dollars and sixty-nine cents . 
Exeter, thirteen dollars and seventy-eight cents 
Fremont, one dollar and seventeen cents . 
Greenland, two dollars and forty cents 
Hampstead, two dollars and fifty-two cents 
Hampton, three dollars and sixty-seven cents 
Hampton Falls, one dollar and sixty-two cents 
Kensington, one dollar and fifty-eight cents 
Kingston, two dollars and thirteen cents . 
Londonderry, three dollars and ninety-three cents 
Newcastle, eighty cents .... 
Newington, one dollar and twenty-five cents 
Newmarket, six dollars and two cents 
Newton, one dollar and ninety-two cents . 
North Hampton, two dollars and sixty-two cents 
North wood, two dollars and ninety cents . 
Nottingham, two dollars and thirty-three cents 
Plaistow, two dollars and thirty-three cents 
Portsmouth, forty-one dollars . 
Raymond, two dollars and eight cents 
Rye, three dollars and fifty-four cents 
Salem, three dollars and sixteen cents 
Sandown, one dollar and eleven cents 
Seabrook, one dollar and fifty-nine cents 
South Hampton, one dollar and twenty-nine cents 
South Newmarket, two dollars and sixteen cents 
Stratham, three dollars and forty-one cents 
Windham, two dollars and eighteen cents . 



StraffordCounty, 
$106.32. 



STRAFFORD COUNTY. 

Barrington, three dollars and thirty-nine cents 
Dover, forty-four dollars and fifteen cents . 
Durham, four dollars and ten cents . 
Farming-ton, six dollars and forty -three cents 
Lee, two dollars and twenty cents 
Madbury, one dollar and fifty-seven cents . 
Middleton, sixty-seven cents 
Milton, three dollars .... 

New Durham, one dollar and forty cents . 
Rochester, fifteen dollars and six cents 
Rollinsford, six dollars and forty-eight cents 
Somersworth, fourteen dollars and eighty-three cents 
Strafford, three dollars and four cents 



87 
70 
54 
17 
96 
51 
42 
69 



13 78 



17 

40 
52 
67 
62 
58 
13 
93 
80 
1 25 
6 02 

1 92 

2 62 
2 90 
2 
2 

41 00 

2 08 

3 54 



83 



16 
11 

59 
29 
16 
41 

18 



^138 


81 


13 


39 


44 


15 


4 


10 


6 


43 


2 


20 


1 


57 




67 


3 


00 


1 


40 


15 


06 


6 


48 


14 


83 


3 


04 



$106 32 



1879.] 



Chapter 32. 



347 



BELKNAP COUNTY. 

Alton, three dollars and forty cents . 
Barnstead, three dollars and four cents 
Belmont, two dollars and eighty-five cents 
Center Hai-bor, one dollar and tlirce cents 
Gilford, six dollars and forty-six cents 
Gilmanton, tliree dollars and eleven cents . 
Laconia, nine dollars and eighty-six cents . 
Meredith, three dollars and ninety-seven cents 
New Hampton, one dollar and ninety-four cents 
Sanbornton, two dollars and eighty-six cents 
Tilton, three dollars and six cents . 



CAEROLL COUNTY. 

Albany, forty-five cents .... 
Bartlett, one dollar and forty-five cents 
Brookfield, one dollar .... 
Chatham, sixty cents .... 
Conway, three dollars and sixty-one cents . 
Eaton, seventy-five cents .... 
Effingham, one dollar and forty-three cents 
Freedom, one dollar and fifty-six cents 
Hart's Location, twenty-four cents . 
Jackson, eighty-one cents .... 
Madison, eighty-four cents 
Moultonborough, two dollars and three cents 
Ossipee, three dollars .... 
Sandwich, two dollars and fifty-nine cents 
Tam worth, two dollars and twenty-seven cents 
Tuftonborough, one dollar and eighty cents 
Wakefield, three dollars and twenty-three cents 
Wolfeborough, six dollars and forty-three cents 
Hale's Location, one cent .... 



Belknap County, 

S41.58. 



.f3 40 
3 04 



85 
03 
46 
11 

9 86 
3 97 

1 94 

2 86 

3 06 



$41 


58 


Carroll County 
$34.10. 

$0 45 


1 


45 


1 


00 




60 


3 


61 




75 


1 


43 


1 


66 




24 




81 




84 


2 


03 


3 


00 


2 


59 


2 


27 


1 


80 


3 


23 


6 


43 




01 



134 10 



MERRIMACK COUNTY. 

Allenstown, three dollars and eighty-one cents 
Andover, three dollars and thirty-one cents 
Boscawen, five dollars and fourteen cents . 
Bow, two dollars and sixty cents 
Bradford, two dollars and fifty-nine cents . 
Canterbury, three dollars and eighteen cents 
Concord, sixty-three dollars and forty-four cents 
Chichester, one dollar and ninety-five cents 
Danbury, one dollar and fifty-one cents 
Dunbarton, two dollars and ninety-one cents 
Epsom, two dollars and forty-one cents 
Franklin, nine dollars and thirteen cents . 
Henniker, four dollars and twenty-five cents 
Hill, one dollar and sixteen cents 



3 
5 
2 
2 
3 
63 
1 
1 
2 
2 



81 
31 
14 
60 
59 
18 
44 
95 
51 
91 
41 



Merrimack 
County, S153.34 



9 13 
4 25 
1 16 



348 



Chapter 32. 



[1879. 



Hooksett, four dollars and eleven cents 
Hopkinton, six dollars and fifty-one cents . 
London, three dollars and seventy cents . 
Newbury, one dollar and fifty cents . 
New London, two dollars and forty-nine cents 
Northfield, two dollars and fifty cents 
Pembroke, six dollars and eighty cents 
Pittsfield, four dollars and eighty-two cents 
Salisbury, two dollars and four cents 
Sutton, two dollars and twenty-six cents . 
Warner, five dollars and twenty-six cents . 
Webster, two dollars and twenty-three cents 
Wilmot, one dollar and seventy-three cents 







14 11 






6 51 






3 70 






1 50 






2 49 






2 50 






6 80 






4 82 






2 04 






. 2 26 






. 5 26 






2 23 






. 1 73 



L53 34 



Hillsborough 
County, $249.00. 



HILLSBOROUGH COUNTY. 

Amherst, four dollars and sixty-one cents . 
Antrim, two dollars and ninety cents 
Bennington, one dollar and twenty-five cents 
Bedford, three dollars and seventy-eight cents 
Brookline, one dollar and sixty-two cents . 
Deering, one dollar and thirty-eight cents . 
Francestown, two dollars and eighty-eight cents 
Goffstown, six dollars and forty-four cents 
Greenfield, one dollar and ninety-seven cents 
Greenville, two dollars and ninety-four cents 
Hancock, two dollars and fifteen cents 
Hillsborough, four dollars and three cents 
HoUis, four dollars and thirty cents . 
Hudson, three dollars and seventy-four cents 
Litchfield, one dollar and sixty-eight cents 
Lyndeborough, one dollar and fifty-one cents 
Manchester, one hundred and two dollars and sixty-five 
cents ...... 

Mason, one dollar and eighty-eight cents . 
Merrimack, three dollars and eighty-nine cents 
Milford, nine dollars and sixty cents 
Mont Vernon, one dollar and eighty-six cents 
Nashua, forty-nine dollars and seventy-two cent 
New Boston, four dollars .... 

New Ipswich, three dollars and sixty-eight cents 
Pelham, three dollars and thirty-seven cents 
Peterborough, eight dollars and thirty-two cents 
Sharon, forty-three cents .... 

Temple, one dollar and seventeen cents 
Weare, five dollars and twenty-seven cents 
Wilton, five dollars and seventy-eight cents 
Windsor, twenty-six cents 



m 


61 


2 


90 


1 


25 


3 


78 


1 


62 


1 


38 


2 


88 


6 


44 


1 


97 


2 


94 


2 


15 


4 


03 


4 


30 


3 


74 


1 


68 


1 


51 


102 


65 


1 


88 


3 


89 


9 


60 


1 


86 


49 


72 


4 


00 


3 


68 


3 


37 


8 


32 




43 


1 


17 


5 


27 


5 


78 




26 



8249 06 



1879.] 



Chapter 32. 



349 



CHESHIRE COUNTY. 

Alstead, three dollars and forty-four cents 
Chesterfield, three dollars 
Dul)lin, two dollars and two cents 
Fitzwilliam, two dollars and ninety-five cents 
Gilsnm, one dollar and seventy-four cents . 
Harrisville, two dollars and eleven cents . 
Hinsdale, four dollars and eighty cents 
Jaifrey, four dollars and sixty-seven cents 
Kcene, thirty-seven dollars and thirty-two cents 
Marlborough, three dollars and twenty cents 
Marlow, two dollars and foi-ty-six cents 
Nelson, one dollar and three cents . 
Richmond, one dollar and fifty-two cents . 
Rindge, two dollars and ninety-seven cents 
Roxbury, thirty-six cents .... 
Stoddard, one dollar and twenty-two cents 
Sullivan, one dollar and twenty cents 
Surry, one dollar and one cent . 
Swanzey, four dollars and forty-three cents 
Troy, two dollars and thirty-three cents . 
Walpole, seven dollars and sixty-six cents . 
Westmoreland, four dollars and forty-one cents 
Winchester, six dollars and seventy-seven cents 



SULLIVAN COUNTY. 

Acworth, two dollars and thirty-seven cents 
Charlestown, six dollars and thirty-seven cents . 
Claremont, fourteen dollars and twenty-one cents 
Cornish, three dollars and forty cents 
Croydon, one dollar and forty cents . 
Grantham, one dollar and three cents 
Goshen, one dollar and eight cents . 
Langdon, one dollar and fifty-live cents 
Lempster, one dollar and thirty-eight cents 
Newport, seven dollars and sixty-three cents 
Plainfield, three dollars and forty-six cents 
Springfield, one dollar and eleven cents 
Sunapee, one dollar and fifty-seven cents . 
Unity, one dollar and eighty cents . 
Washington, one dollar and ninety-two cents 



^3 44 
3 00 



Cheshire Coun- 
ty, $102.62. 



02 

95 
74 
11 

80 
67 



37 32 
3 20 



46 
03 
52 
97 
36 
22 
20 
01 
43 
2 33 
7 66 
4 41 
6 77 





$102 62 


Sullivan County, 

$50.28. 

. $2 37 




6 37 




14 21 




. 3 40 




1 40 




1 03 




1 08 




1 55 




1 38 




7 63 




3 46 




1 11 




1 57 




1 80 




1 92 



150 28 



GRAFTON COUNTY. 

Alexandria, one dollar and twenty-two cents 
Ashland, two dollars and twenty-two cents 
Bath, two dollars and ninety cents . 
Benton, fifty-eight cents .... 
Bethlehem, two dollars and seventy-six cents 
Bridgewater, seventy-eight cents 

4 



$1 22 

2 22 

2 90 

58 

2 76 

78 



Grafton County, 
$89.10. 



350 



Chapter 32. 



[1879. 



Bristol, three dollars and twenty-three cents 
Campton, one dollar and ninety cents 
Canaan, three dollars and forty-eight cents 
Dorchester, seventy-five cents . 
Ellsworth, eighteen cents .... 
Easton, sixty-three cents .... 
Enfield, four dollars and twelve cents 
Franconia, one dollar and twenty-nine cents 
Grafton, two dollars and sixteen cents 
Groton, seventy-fonr cents 
Hanover, six dollars and twenty-two cents 
Haverhill, five dollars and seventy-eight cents 
Hebron, sixty-four cents .... 
Holderness, one dollar and twenty-nine cents 
Landaff, one dollar and thirty cents . 
Lebanon, eleven dollars and fifty-two cents 
Lincoln, sixteen cents .... 
Lisbon, four dollars and seventy-two cents 
Littleton, six dollars and eighty-three cents 
Livermore, thirty-eight cents 
Lyman, one dollar and fourteen cents 
Lyme, three dollars .... 
Monroe, one dollar and thirty cents . 
Orange, fifty cents .... 
Orford, two dollars and eighty-one cents 
Piermont, two dollars and four cents 
Plymouth, four dollars and five cents 
Rumney, one dollar and ninety-five cents 
Thornton, ninety-seven cents . 
Warren, one dollar and fifty-seven cents 
Waterville, twelve cents . 
Wentworth, one dollar and fifty cents 
Woodstock, thirty-seven cents . 



1 


90 


3 


48 




75 




18 




63 


4 


12 


1 


29 


2 


16 




74 


6 


22 


5 


78 




64 


1 


29 


1 


30 


11 


52 




16 


4 


72 


6 


83 




38 


1 


14 


3 


00 


1 


30 




50 


2 


81 


2 


04 


4 


05 


1 


95 




97 


1 


57 




12 


1 


50 




37 



10 



Coos County, 
$31.52. 



COOS COUNTY. 

Berlin, one dollar and twenty-five cents 
Carroll, ninety-five cents ..... 
Clarksville, forty-three cents .... 
Colebrook, three dollars and thirty-one cents 
Columbia, one dollar and thirty-five cents 
Dalton, ninety-three cents .... 

Dummer, forty-one cents ..... 
Errol, thirty-five cents ..... 
Gorham, one dollar and sixty-three cents . 
Jefferson, one dollar and thirty-five cents . 
Lancaster, five dollars and forty-one cents 
Milan, one dollar and six cents 
Northumberland, one dollar and ninety-four cents 
Pittsburg, ninety cents ..... 
Randolph, thirty-seven cents .... 
Shelburne, fifty-three cents .... 



25 
95 
43 
31 
35 
93 
41 
35 
63 
35 
41 
06 
94 
90 
37 
53 



1879.] 



Chapters 32, 33. 



351 



Stark, one dollar and five cents 
Stratford, one dollar and sixty-two cents . 
Stewartstown, one dollar and fifty-three cents 
Whitcficld, two dollars and eighty cents . 
Cambridge, twenty cents .... 
Bean's Purchase, nineteen cents 
Chandler's Purchase, one cent . 
Crawford's Purchase, thirteen cents . 
Dixville, nine cents ..... 
Dix's Grant, four cents .... 
Erving's Grant, one cent .... 
Green's Grant, thirty-one cents 

Gilmanton and Atkinson Academy Grant, seven cents 
Kilkenny, eight cents .... 
Low and Burl)ank's Grant, five cents 
Martin's Location, two cents 
Millsfield, nineteen cents .... 
Nash and Sawyer's Location, four cents . 
Wentworth's Location, nine cents 
Sargent's Purchase, fourteen cents . 
Odell Township, nineteen cents 
Pinkham's Grant, two cents 
Second College Grant, fourteen cents 
Success, nine cents ..... 
Thompson and Meserve's Purchase, nine cents 
Crawford's Grant, twelve cents 
Cutt's Grant, three cents .... 
Gore between Gilmanton and Atkinson Academy Grant, 
one cent ......... 



II 05 



62 
53 



2 80 
20 
19 
01 
13 
09 
04 
01 
31 
07 
08 
05 
02 
19 
04 
09 
14 
19 
02 
14 
09 
09 
12 
03 

01 

\1 52 



Sect. 2. The same shall be the proportion of assessment of all continues tni 
public taxes until a new apportionment shall be made and estab- mi^e^'^°^°'^ ^°^ 
lished, and the treasurer for the time being shall issue his warrant 
accordingly. 

[Approved July 18, 1879.] 



CHAPTER 3 3. 

AN ACT IN AMENDMENT OF SECTION ONE, CHAPTER TWO HUNDRED 
AND SEVENTY-FIVE OF THE GENERAL LAWS, IN RELATION TO FRAUD 
BY FALSE PRETENSES. 



Sect. 
1. Fraud by personating or false pretenses. 



Sect. 
2. Repealing clause. 



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



Sect. 1. Section one of chapter two hundred and seventy-five Fraud by per- 
of the General Laws is hereby amended by inserting in the fifth line pretenses. 



352 Chapters 33, 84. [1879. 

thereof, after the word " acquittance," the words " or the labor or 
services of any person," so that said section shall read as follows : 
" Sect. 1. If any person, with intent to cheat or defraud, shall, 
by personating or representing another, or by means of any false 
pretense or false token, counterfeit letters, or other false means, 
wrongfully obtain any money or other property, or any writing con- 
taining evidence of debt, or any receipt or acquittance ; or the 
labor or services of any person ; or shall, by any such means, 
attempt so to cheat or defraud another ; or if any person shall, by 
any such means, and with such intent, obtain the signature of 
another to any instrument or paper purporting to be a conveyance 
or evidence of debt, or to any receipt, discharge, or acquittance of 
any debt, claim, or right, he shall be fined not exceeding five hun- 
dred dollars or imprisoned not exceeding seven years." 
Tiepeaiing Sect. 2. All acts and parts of acts inconsistent with the provis- 

ions of this act are herebv repealed. 
[Approved July 18, 1879.] 



CHAPTER 34. 

AN ACT IN AMENDMENT OF CHAPTER ONE HUNDRED AND NINETEEN 
OF THE GENERAL LAWS, IN RELATION TO THE SALE OF LIGHTNING- 
RODS. 

Sect. | Sect. 

1. Sale of lightning-rods regulated. 2. Takes effect, when. 

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

Sale of lightning- Sect. 1. That chaptcr one hundred and nineteen of the Gen- 
regu ate . gj,^| Laws bc amended by striking out section nine and inserting 
the following in the place thereof : " Sect. 9. The treasurer of 
the state may grant such license for the term of one year, upon 
receiving from any applicant the sum of five hundred dollars, and 
from any applicant who has for the five years last past been a citi- 
zen of this state, the sum of one hundred dollars ; provi'ied, that 
such applicant shall satisfy the treasurer that such lightning-rods 
are sufficient for security against lightning, and shall file a bond, 
with good and sufficient sureties, with the treasurer, in the penal 
sum of one thousand dollars, to respond in damages to any person 
who may be aggrieved by reason of any misrepresentation or fraud 
in the sale of such lightning-rods or anything relating thereto. 
Any person injured by such fraud or misrepresentation, having 
recovered judgment thereon against the person obtaining such 
license, may commence a suit on his bond in the name of the treas- 
urer ; and such license may be revoked at any time for good cause 
shown." 

T^kes effect, Sect. 2. This act shall take effect on its passage. 

[Approved July 18, 1879.] 



1879.] 



Chapters 35, 36. 



353 



CHAPTER 35 



AN ACT IN RELATION TO ACTIONS FOR PERSONAL INJURIES. 



Sect. 
1. Damages for personal injuries resulting in 
death may be recovered by executors. 



Sect. 

2. Repealing clause. 

3. Takes effect, when. 



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



Sect. 1. When the death of 
act or nealect of another 



a person is caused by a wrong-ful Damages for 

I •' <-' personal injuries 

which, if death had not ensued, would rosuiting in 



have entitled the person injured to recover damages therefor, then, recovered^ by ex- 
on the death of such person, his executor or administrator may, by '''^"'^°'"*- 
suit brought within two years of such death, recover damages for 
the injury ; and one half of such damages shall go to the widow or 
widower, and the other half to the children, of the deceased. If 
there is no child, the whole shall goto the widow or widower ; and. 
if no widow or widower, to the heirs of the deceased according to 
the law regulating the distribution of intestate estates. 

Sect. 2. Section fourteen of chapter two hundred and eighty 
two of the General Laws is hereby repealed. 

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

[Approved July 18, 1879.] 



Repealing 
clause. 



Takes effect, 
wlien. 



CHAPTER 36. 

AN ACT IN ADDITION TO CHAPTER ONE HUNDRED AND TWENTY-TWO, 
GENERAL LAWS, RELATIVE TO THE SALE OF FERTILIZERS. 



Sect. 

1. License to sell fertilizers required. 

2. Fee for license. 

3. Penalty for selling without license. 



Sect. 

4. Samples of fertilizers to be analyzed. 

5. Sale of, below legal standard, prohibited. 

6. Takes effect, when. 



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



Sect. 1. Any person or corporation manufacturing or import- License to sen 
ing commercial fertilizers which shall be sold, kept, or offered for quh'ed.^'^"^' 
sale, within the state, shall obtain a license from the state treasurer, 
countersigned and recorded by the secretary of the board of agricult- 
ure, authorizing the sale of the same, and shall affix to each barrel, 
bag, or parcel, in addition to the statement now required by law, 
the words, " State of New Hampshire, — licensed," with the num- 
ber and date of the license, and the names of the articles offered 
for sale. 

Sect. 2. Every party receiving such license shall pay into the Fee for license, 
state treasury the sum of fifty dollars, said license to be valid for 
one year. 



354 



Chapters 36, 37. 



[1879. 



Penalty for sell- 
ing without li- 



Samples of fer- 
tiliztrs to be 
analyzed. 



Sale of, below 
legal standard, 
prohibited. 



Takes effect, 
when. 



^ECT. 3. Any party selling unlicensed fertilizers, as provided 
in section one, shall be liable to the same penalty as is provided in 
section twenty-three of chapter one hundred and twenty-two. 
General Laws. 

Sect. 4. It shall be the duty of the secretary of the board of 
agriculture to collect samples of fertilizers sold in this state, and 
any other articles which the interests of agriculture may require, 
and submit them to the college of agriculture and the mechanic 
arts, for chemical examination. The trustees of said college shall 
cause them to be analyzed, and report results to the secretary of 
the board of agriculture, who shall cause the facts to be published. 
For such service, the college shall be re-imbursed its actual expense, 
provided that no expense shall be incurred beyond the sum accruing 
to the state from the operation of this act. 

Sect. 5. No article shall be licensed that is known to contain 
less commercial value than is represented by the label required by 
section twenty-two of chapter one hundred and twenty-two of the 
General Laws. 

Sect. 6. This act shall take effect from its passage. 

[Approved July 18,1879.] 



CHAPTER 37. 

AN ACT IN ADDITION TO CHAPTER TWO HUNDRED AND TWO OF THE 
GENERAL LAWS, IN RELATION TO THE RIGHTS OF THE HUSBAND 
OR WIFE IN THE ESTATE OF THE DECEASED HUSBAND OR WIFE. 



Sect. 

1. Willful neglect bars estate by the curtesy. 

2. Repealing clause. 



Sect. 
3. Takes effect, when. 



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



Willful neglect 
bars estate by 
the curtesy. 



Repealing 
clause. 

Takes effect, 
when. 



Sect. 1. The husband of any person deceased, in case she dies 
intestate, or if she dies testate and no provision is made for him in 
her will, shall not be entitled to her estate by the curtesy in any 
lands and tenement owned by said deceased, nor to any portion of 
her personal property remaining after the payment of her debts, if 
he shall have willingly abandoned and absented himself from the 
deceased, or willfully neglected to support and maintain her, or 
shall not have been heard from, in consequence of his own neglect, 
for the term of three years next preceding her death. 

Sect. 2. All acts and parts of acts inconsistent herewith are 
hereby repealed. 

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

[Approved July 18, 1879.] 



1879.] 



Chapters 38, 39. 



355 



CHAPTER 38. 

AN ACT IN AMENDMENT OF SECTION SEVEN, CHAPTER SEVENTY-TWO 
OP THE GENERAL LAWS, RELATING TO THE REPAIRS OF HIGHWAYS 
IN TOWNS. 



Sect. 
1. One-fourth liighway tax may be worked out 
by animals. 



Sect. 
2. Takes effect, when. 



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

Sect. 1. That section seven of chapter seventy-two of the one-fourth high- 
General Laws, relating to the repairing of highways, be amended worke^i'o'St^by^ 
by adding the following words to said section : "And any person an'^'ais. 
shall have the right to work out at least one-fourth of his tax in 
labor of animals." 

Sect. 2. This act shall take effect April first, 1880. Takes effect, 

[Approved July 18, 1879.] ''''"• 



CHAPTER 39 



AN ACT IN AMENDMENT OF CHAPTER ONE HUNDRED AND NINETY-ONE 
OF THE GENERAL LAWS, RELATING TO THE TIMES AND PLACES OP 
HOLDING COURTS OF PROBATE, AND FOR OTHER PURPOSES. 



Sect. 
1. Times and places of holding probate courts in 
Hillsborough County. 



Sect. 
2. Salary of probate judge, Hillsborough County, 

$425. 



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



T^nr flip Hillsborough 
X Ui Uie county. 



Sect. 1. Chapter one hundred and ninety-one of the General Times and places 
Laws is amended by striking out the sixth section of said chapter bite°coirrt fn°' 
and inserting instead thereof the following: "Sect. 6. For the" " 

county of Hillsborough, — at Manchester on the third Tuesday of 
February, April, June, August, October, and December, and on the 
fourth Tuesday of January, March, May, July, September, and 
November ; at Nashua, on the fourth Tuesday of February, April, 
June, August, October, and December ; at Francestown, on the 
Friday next following the fourth Tuesday of August ; at Amherst, 
on the Friday next following the fourth Tuesday of June and 
December ; at Peterborough, on the Friday next following the 
fourth Tuesday of February, May, and November ; at Greenville, 
on the Friday next following the fourth Tuesday of April and 
October ; at Hillsborough Bridge, on the Friday next following the 
fourth Tuesday of January and July ; and at Milford, on" the 
Friday next following the fourth Tuesday of March and September. 



356 



Chapters 39, 40. 



[1879. 



Salary of pro- Sect. 2. The aimual salary of the judge of probate for the 

boroig/countyj county of HiUsborough shall be one hundred dollars in addition to 
^^^- the sum provided in section twelve, chapter two hundred 



sum provided in section twelve, chapter two 
eighty-nine of the General Laws. 
[Approved July 18, 1879.] 



and 



CHAPTER 40. 



AN ACT RELATING TO TELEGRAPH COMPANIES. 



Sect. 

1. Telegraph companies to keep offices, where. 

2. Penalty for neglect. 



Sect. 
3. Attorney-general and solicitors to prosecute. 



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



Telegraph com- Sect. 1. Evcrv telegraph company whose lines pass through 

DRniBS to k66T) ^•/CJi. It/ 1 CD 

offices, where, auy portioii ot this state on the line of any railroad shall keep 
and maintain an office for the receipt and transmission of messages 
over its wires, for the accommodation of the public, in every town 
having a population of fifteen hundred or more, according to the 
latest census of the United States, through which such line passes ; 
provided^ there is a passenger station on said railroad in such town ; 
provided, also, that the provisions of this act shall not apply to the 
lines of the United States Direct Cable Company. 

Sect. 2. Every telegraph company neglecting or refusing to 
comply with the provisions of section one of this act shall pay a 
fine of one hundred dollars for each and every month of such 
neglect or refusal in each and every such town in which the 
provisions of section one apply, one-half of such fine to go to 
the complainant, and the balance to the county in which such 
town is situated. 

Sect. 3. The attorney-general and county solicitors are hereby 
ors'trprosecute. instructcd to euforcc the provisions of this act in every case in 
which complaint is made. 

[Approved July 18, 1879.] 



Penalty for neg- 
lect. 



Attorney-gen 
eral and solicit- 



1879.] 



Chapters 41, 42. 



357 



CHAPTER 41. 

AN ACT IN AMENDMENT OF CHAPTER TWO HUNDRED AND TEN, SEC- 
TION THREE, OP THE GENERAL LAWS, RELATING TO THE COURTS IN 
HILLSBOROUGH COUNTY. 



Sect. 

1. No court at Amherst. 

2. Times of holding court at Mancliester and 

Nashua. 



Sect. 
3. Repealing clause. 



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



Sect. 1. So much of section three, chapter two hundred and ^"^.^^"'''^ '^^ ^""^ 
ten of the General Laws, as provides that a trial term of the 
supreme court shall be holden at Amherst on the first Tuesday in 
May, is hereby repealed. 

Sect. 2. A trial term of the supreme court shall be held at Times of holding 

J^ i^mi court at Man- 

Manchester and Nashua, on alternate years, on the nrst i uesday Chester and 
of May, at which grand and petit jurors shall be summoned to 
attend. 

Sect. 3. All acts and parts of acts inconsistent herewith are fjaus^""^ 
hereby repealed. 

[Approved July 18, 1879.] 



CHAPTER 42. 

AN ACT TO PROTECT THE RIGHTS OF CITIZENS OF THIS STATE, HOLD- 
ING CLAIMS AGAINST OTHER STATES. 



Sect. 

1. Any citizen holding claim against another 

state may assign the same to this state and 
deposit assignment with attorney-general. 

2. Attorney-general's duty in such cases. 



Sect. 

3. State not liable for fees or expenses. 

4. Disposition of moneys received in settlement 

of claims. 

5. Takes effect, when. 



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



Sect. 1. Whenever any citizen of this state shall be the owner Any citizen how- 
of any claim against any of the United States of America, arising another state' 
upon a written obligation to pay money issued by such state, which same^t^^this"'* 
obligation shall be past due and unpaid, such citizen so holding ^*'''^'™^'^1«p??|* 

~ . i 1 r~, 1" TkT rr i • assignment with 

such claim may assign the same to the State oi New Hampshire, attomey-gen- 
and deposit the assignment thereof, duly executed and acknowl- 
edged in the form and manner provided for the execution and 
acknowledgment of deeds of real estate by the laws of this state, 
together with all the evidence necessary to substantiate such claim, 
with the attorney-general of the state. 

Sect. 2. Upon such deposit being made, it shall be the duty of ^rarSyln" 
the attorney-general to examine such claim and the evidence ^^^^ '^''««*- 

5 



358 



Chapters 42, 43. 



[1879. 



State not liable 
for fees or ex- 



Takes effect, 
when. 



thereof ; and if, in his opinion, there is a valid claim which shall be 
just and equitable to enforce, vested by such assignment in the 
State of New Hampshire, he, the attorney-general, shall, upon the 
assignor of such claim depositing with him such sum as he, the 
said attorney-general, shall deem necessary to cover the expenses 
and disbursements incident to or which may become incident to 
the collection of said claim, bring such suits, actions, or proceed- 
ings in the name of the State of New Hampshire, in the supreme 
court of the United States, as he, the said attorney-general, shall 
deem necessary for the recovery of the money due upon such 
claim ; and it shall be the duty of the said attorney-general to 
prosecute such action or actions to final judgment, and to take 
such other steps as may be necessary after judgment for the col- 
lection of said claim, and to carry such judgment into effect, or, 
with the consent of the assignor, to compromise, adjust, and settle 
said claim before or after judgment. 

Sect 3. Nothing in this act shall authorize the expenditure of 
any money belonging to this state, Ijut the expenses of said pro- 
ceedings shall be paid by the assignor of such claim ; and the 
assignor of such claim may associate with the attorney-general in 
the prosecution thereof, in the name of the State of New Hamp- 
shire, such other counsel as the said assignor may deem necessary, 
but the state shall not l)e liable for the fees of such counsel or any 
part thereof. 

Sect. 4. The attorney-general shall keep all moneys collected 
by reason of any compromise of any such 
any other moneys of this state 
which may be in his hands, and shall deposit, the same to his own 
credit, as special trustee under this act, in such bank or banks as 
he shall select ; and the said attorney-general shall pay to the 
assignor of such claims all such sums of money as may be recov- 
ered by him in compromise or settlement of such claims, deduct- 
ing therefrom all expenses incurred by said attorney not l)efore 
that time paid 1)y the assignor. 

Sect. 5. This act shall take effect on its passaa-e. 

[Approved July 18, 1879.] 



Disposition of 

moneys received , ■• . 

in settlement of UpOU SUCh Claim, 01 

claims. claim, separate and apart from 



CHAPTER 43. 

AN ACT IN AMENDMENT OF SECTION FOUR OF CHAPTER ONE HUNDRED 
AND SEVENTY-NINE OF THE GENERAL LAWS, CHANGING THE TIME 
FOR CATCHING BROOK TROUT ; AND SECTION NINE OF SAID CHAP- 
TER, IN RELATION TO THE TIME FOR CATCHING SALMON. 



Sect. 
1. Time of taking salmon and trout, etc. 



Sect. 
2. Takes effect, when. 



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



Timeoftating Sect. 1. That scctiou four of chapter one hundred and seventy- 
trout, etc. nine of the General Laws of the State of New Hampshire be so 



1879.] Chaptkrs 48, 44. 359 

amended as to read, " from the thirtieth day of Septemljer, of any 
year, to the tliirtieth day of April next following," instead of 
" between the month of September of any year and tlie month of 
April next following." That section seven of cha})ter one hnndred 
and seventy-nine of the General Laws of the state be amended l)y 
striking out the words " eighteen hundred and seventy-live," and 
inserting the words " eighteen hundred and sevent>^-seven," and 
adding the words " nor shall young salmon, known as parr, 
smolts, or grilse, be caught or killed in any of the waters of the 
state after tlie expiration of said time, under the penalty herein 
provided." 

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

[Approved July 18, 1879.] 



CHAPTER 44. 

AN ACT TO RECxULATE THE SALE OF TREES, SHRUBS, AND TATENT- 

RIGHTS. 

Sect. ! Sect. 

1. License to sell trees, patent- rights, etc., re- 3. Penalty for fraud of license. 

quired. 4. Disposition of fees. 

2. Fee for licen.se. I 5. Takes effect, when. 

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

Sect. 1. No party shall sell, or act as the agent or receive sub- License to sen 
scriptions for the sale of, trees, shrubs, or vines not grown in the r[ght's,^etc.°*re- 
state, nor sell, as principal or agent, patent-rights of farm or house- 1"'^®*^- 
hold implements, except those invented Ijy parties in the state : 
nor formulas or recipes foi" special fertilizers, ]mints, or other 
compounds, — unless he shall have first obtained a license for that 
purpose as herein after provided, under the penalty of one hundred 
dollars for each and every offense, to be recovered in the same way 
as is provided in chapter one hundred and nineteen, section seven, 
of the General Laws, in regard to the sale of lightning-rods. 

Sect. 2. On the receipt of fifty dollars, ])aid into the treasury, Fee for license. 
the state treasurer shall issue a license to any reputable party, to 
sell or take orders for the sale of trees, shrubs, vines, or roots ; 
and, for one hundred dollars thus paid, he shall issue a license to 
sell, by subscription or otherwise, the right to make and use any 
patent machine or implement used in agricultural pursuits, or any 
formula or recipe, as named in the preceding section ; said licenses 
to be countersigned by the secretary of the board of agriculture, 
and be valid for one year from their date. 

Sect. 3. If any party shall be guilty of fraud in his transac- Penalty for fraud 
tions, or effect sales through misrepresentations, or fail to deliver ° 
what he sells or takes orders for, he shall forfeit his license, and 
be liable to a fine not exceeding one hundred dollars, to be recov- 
ered for the use of the state, as already herein provided. 



360 



Chapters 44, 45. 



[1879. 



Disposition of 
fees. 



Takes effect, 
when. 



Sect. 4. A sum not exceeding the amount accruing to the 
state under this act may be expended by the board of agriculture, 
and paid out on the order of the governor, in carrying into effect 
measures for detecting spurious, old, or adulterated seeds ; trees, 
shrubs, and vines not true to name or not worthy of cultivation : or 
patent-rights that are not adapted to the purposes for which they 
are advertised ; and shall from time to time cause the results of 
their investigations to be published. 

Sect. 5. This act shall take effect from its passage. 

[Approved July 18, 1879.] 




CHAPTER 45. 

AN ACT IN AMENDMENT OF CHAPTER NINETY-THREE OF THE GENERAL 
LAWS, RELATING TO THE STATE NORMAL SCHOOL. 



Sect. i Sect. 

1. Number of ti'ustees reduced from fifteen to 2. §5,000 appropriated annually, 
seven. ' 3. Takes effect, when. 

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



Number of trus- 
tees reduced 
from fifteen to 
seven. 



85,000 appropri- 
ated annually. 



Takes effect, 
when. 



Sect. 1. That section two of chapter ninety-three of the Gen- 
eral Laws is hereby amended as follows : Instead of " fifteen," in 
the third line of said section, insert the word " five," and strike 
out, after the word " council," in the fourth line, the words " to be 
so apportioned that at least one and not more than two of said 
fifteen persons shall be appointed from the same county," so that 
the first clause of said section shall read as follows, to wit : " The 
management of said school shall be vested in a board of trustees, 
composed of the governor, the superintendent of public instruction, 
and five persons to be appointed by the governor, with the advice 
and consent of the council, and to hold said office two years." 

Sect, 2. Said chapter is further amended by adding the follow- 
ing : " Sect. 7. The sum of five thousand dollars is annually 
appropriated for the maintenance of said school, said sum to be 
expended as the trustees of said school shall direct." 

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

[Approved July 18, 1879.] 



1879.] Chapter 46. 3G1 



CHAPTER 46. 

AN ACT TO AMEND THE EXISTING LAW IN RKILATION TO THE ANNUAL 
INVOICE OF POLLS AND TAXABLE PROPERTY. 



Sect. 

1. Real estate to be included in inventory. 

2. Assessors' duties on return of inventory. 

3. Blanks to be delivered to whom. 



Sect. 

4. Tax-payer not required to appraise his own 
property. 



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

Sect. 1. The inventory required by section two of chapter fifty- ,^ciudediu*in-^'' 
five of the General Laws shall be so arranged by the secretary ventory. 
of state as to require a descri])tion of all real estate taxable to the 
person or corporation named in said section. 

Sect. 2. Upon the return of such inventory, the selectmen or onTeuu-n o^Mnt* 
assessors, upon examination of the same, shall, unless they shall ventory. 
be of the opinion that the same does not contain a full, true, and 
correct statement of the estate and property for which such per- The inventory 
son or corporation is taxable, assess a tax against such person or ltatementrti»e 
corporation, in accordance with the statement therein contained , •^^^^^^j'^JJ,^^^*^*/'^^^^ 
and such further examination and appraisal of said taxable estate thereto. 
and property as is provided for by existing laws, and such further 
examination as they may think proper to make ; so that said es- ^"""P^^gg^^i^^t^ts 
tate and property shall be appraised and assessed by said selectmen fuii and true 
or assessors at its full and true value in money, agreeably to the "^^^ "^ "^^^^y- 
requirements of section one, chapter fifty-six of the General Laws. 
If any such person or corporation shall willfully omit to make, de- SSg^nore- 
liver, and return such inventory, or to answer any interrogatory t^'n'or^f^i^^ 
therein, as by said chapter fifty-five required, or shall make any 
false answer or statement therein, or in relation to the estate or 
property for which he is taxable, or if such selectmen or assessors 
shall be of opinion that such inventory so returned does not con- 
tain a full, true, and correct statement of the estate and property 
for which such person or corporation is taxable, according to the 
requirement of such interrogatories, and that there has been such 
willful omission or false answer or statement on the part of said 
person or corporation, the selectmen or assessors shall ascertain as 
nearly as may be, and in such way and manner as they may be 
able, 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 and property, if so inventoried and returned, 
would be legally taxable ; and section five of chapter fifty-five of 
the General Laws is hereby repealed. 

Sect. 3. Section three of said chapter is hereby amended by utMedtowhom. 
striking out the words " personal estate," in the sixth line of said 
section, and inserting in lieu thereof the words " real or personal 
estate or property "; and section seven of said chapter is hereby 
amended by striking out the words " personal estate," in the ninth 
line of said section, and inserting in lieu thereof the words " real 
or personal estate or property." 



362 Chapters 46, 47, 48. [1879. 

Tax-payer not re- Sect. 4. Sectioii two of chapter fiftv-five of the General Laws 
praise his own is hereby amended by striking out, in the thirteenth and fourteenth 
property. lines of Said section, the words, '' and the vahie by such classes of 

his personal property and estate." 
[Approved July 19, 1879.] 



legalized. 



CHAPTER 47. 

AN ACT TO LEGALIZE CERTAIN PROCEEDINGS OF OFFICERS IN THE CITY 
OF KEENE AND THE TOWN OF STEWARTSTOWN. 

Sect. i Sect. 

1. Lapses of officers legalized. I 2. Takes effect, when. 

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

waiw»?/ "^'^^'^'^ Sect. 1. In so far as the general court has power so to do, the 
proceedings of the town of Stewartstown, at the annual meeting of 
said town in March, one thousand eight hundred and seventy-eight, 
so far as the same may be defective by reason of the failure of the 
selectmen of said town to affix the certificates required by law to 
be made upon the check-list and warrant for said meeting on the 
opening of or before said meeting ; and the proceedings of the 
assessors and collector of taxes of the city of Keene, in relation to 
the sale of lands of non-residents for non-payment of taxes, in so 
far as said proceedings may be defective by reason of the failure of 
said assessors to deliver a list of said taxes to said collector on or 
before the thirteenth day of May last, — are hereby made legal and 
valid. 

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

[Approved July 19, 1879.] 



when. 



CHAPTER 4 



AN ACT IN ADDITION TO CHAPTER TWO HUNDRED AND THIRTY-TWO OP 
THE GENERAL LAWS. 



Sect. 

1. Copies of notes, etc., maybe filed for judg- 
ment by order of justice in vacation. 



Sect. 
2. Takes effect, when. 



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

Copies of notes, Sect. 1. Copics of aiiy note or instrument may be filed in any 
for'jiui^ent * suit, for tlic purposc of rendering judgment thereon, upon the order 
tice°fn"acation" ^^ ^"^7 j^dge of tlic suprcmc court in vacation, for good cause, upon 



1879.] Chapters 48, 49, 50. 363 

petition reciting the facts and the due (iling of the petition and 
order in said suit. 

Sect. 2. This act shall take effect from and after its passage. '^^'^e««*fe<=t, 

[Approved July 19, 1879.] 



CHAPTER 49. 

AN ACT RELATIVE TO THE REQUIREMENT OF A BOND BY EXECUTORS 
AND TRUSTEES UNDER A WILL. 

Sect. 1. Bond of executors and trustees. 

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

Sect. 1. Executors and trustees under a will shall be exempt Bond of execu- 
from giving a bond, or from giving a surety or sureties on their 
bonds, whenever the testator shall by his will so direct. Provided^ 
however^ that the judge of probate may at any time require a bond 
with sufficient sureties, if he is of opinion that the same is made 
requisite by a change in the situation or circumstances of the 
executor or trustee, upon petition of heirs or creditors within thirty 
days after such will is filed with the judge of probate, or for other 
sufficient cause. Provided, also, that a bond for the payment of 
debts shall be given in all cases. 

[Approved July 19, 1879.] 



CHAPTER 50. 

AN ACT TO TAX CHURCH PROPERTY EXCEEDING TEN THOUSAND DOLLARS 

IN VALUE. 

Sect. | Sect. 

1. Church property taxable. I 2. Takes effect, when. 

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

Sect. 1. That all property, whether real or personal, owned by church property 
any church association or corporation, used exclusively for a place 
of worship, not exceeding ten thousand dollars in value, shall be 
exempt from taxation ; and all such associations or corporations 
owning church property, whether real or personal, in excess of ten 
thousand dollars in value, shall be taxed at the same rates as other 
property for the total valuation of such excess. 

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

[Approved July 19, 1879.] 



364 



Chapters 51, 52. 



[1879. 



CHAPTER 51 



AN ACT TO SUPPRESS PIGEON-SHOOTING AND SIMILAR SPORTS. 



Pigeon target 
shooting pro- 
hibited. 



Takes effect, 
when. 



Sect. 
1. Pigeon target shooting prohibited. 



Sect. 
2. Takes effect, when. 



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

Sect. 1. That any person who shall keep or use any live 
pigeon, fowl, or other bird, for the purpose of a target, or to be 
shot at, either for amusement or as a test of skill in marksmanship, 
and any person who shall shoot at any bird as aforesaid, or be 
present as a party, witness, umpire, or judge at any such shooting 
of any fowl or bird, and any person who shall rent any building, 
shed, room, yard, field, or premises, or shall knowingly suffer or 
permit the use of any building, shed, room, yard, field, or premises, 
for the purpose of shooting any fowl or bird as aforesaid, shall be 
punished by fine not exceeding fifty dollars, or by imprisonment 
not exceeding thirty days, or by both such fine and imprisonment. 
Nothing herein contained shall apply to the shooting of any wild 
game in its wild state. 

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

[Approved July 19, 1879.] 



CHAPTER 52. 

AN ACT AMENDING CHAPTER THIRTY-SEVEN OF THE PAMPHLET LAWS OF 
1877, RELATING TO THE TOWN OF RYE. 

Sect. 1. Gosport district. 

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

Gosport district. Sect. 1. That scctioii two of cliaptcr thirty-seven of the 
Pamphlet Laws of 1877 be amended by adding to the end of the 
same the following words : " And the district shall be liable for 
all pauper claims and all other demands against the district the 
same as though it was an independent township. The expenses of 
assessing and collecting the taxes of said district shall be paid by 
it." 

[Approved July 19, 1879.] 



1879.] 



Chapters 53, 64. 



365 



CHAPTER 53. 

AN ACT IN AMENDMENT OP AND IN ADDITION TO SECTION THIRTEEN 
OP CHAPTER EIGHTY-NINE OP THE GENERAL LAWS, RELATING TO 
SCHOOL COMMITTEES AND TEACHERS. 



1. One-fifth literary fund may be expended for 
school apparatus. 



Sect. 
2. Takes effect, when. 



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



Sect. 1. Section thirteen of chapter eighty-nine of the General one-fifti. uterary 
Laws, relating to school committees and teachers, is hereby peuded for 
amended by adding the following words : " And the same officers "au^s".^ '*^^''" 
are also empowered to expend, at their discretion, for the use of 
the schools, one fifth part of the ' literary fund ' which may an- 
nually be assigned any city or town, in the purchase or repair of 
blackboards, maps, charts, globes, dictionaries, or any apparatus 
which in their judgment will advance the educational interests of 
said schools ; and that any unexpended portion of such fifth part 
on hand the first day of March, annually, shall then be passed to 
the credit of the general school fund of such city or town for the 
support of schools in same during current year." 

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

[Approved July 19, 1879.] 



Takes effect, 
when. 



CHAPTER 54. 



AN ACT TO PROVIDE FOR MINORITY REPRESENTATION IN CORPORATIONS. 



Sect. 

1. Cumulative voting in corporations. 

2. Submitted to the people. 

3. Ballots to be counted, etc., and return made 

to secretary of state. 



Sect. 

4. Secretary to record, governor to proclaim, the 

result. 

5. Takes effect, when. 



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



Sect. 1, 



27. Rights of married women. 



Cumulative vot- 



tions. 



court. 
Past acts done under chapter 219 legalized. 
Verbal coiiectionj. 



of state, 
lause. 

11. Fee to clerk at sale of non-resident land for 

taxes not allowed. 

12. Notice in newspapers of sale of real estate 

for residpnt taxes not I'eauired. --- 

Sect. 2. At the biennial election to be holden in November, submitted to the 
eighteen hundred and eighty, the sense of the voters of this state ^^°^ ^' 
shall be taken upon section one of this act, by ballot, those in favor 
thereof voting " yes," and those opposed voting " no " ; and it is 
hereby made the duty of the selectmen in the several towns and 
wards in the state to insert in their warrants, for the meeting then 
to be holden, an article for this purpose. 



366 



Chapters 54, 55. 



[1879. 



Ballots to be Sect. 3. Said ballots shall be assorted, counted, and declared 

Ld retu'rn made in Open meeting, and the clerks of the several towns and wards 
state?'^*^"^^ °* shall make a true record thereof, showing the number of ballots 
upon each side of the question, and shall, on or before the fifteenth 
day of December, eighteen hundred and eighty, return to the secre- 
tary of state a true copy of said record. 
^^rr^TvernoT Sect. 4. The sccrctary of state shall make a record of the re- 
to proclaim, the tums SO made to him and lay the same before the governor on or 
result. before the first day of January, eighteen hundred and eighty-one ; 

and the governor shall, on or before the fifteenth day of January, 
eighteen hundred and eighty-one, make proclamation of the result 
of said vote ; and, if it shall appear that a majority of the voters 
voting upon said proposition voted in favor thereof, then section 
one of this act shall go into effect and become a law from and after 
said fifteenth day of January, eighteen hundred and eighty-one, 
and otherwise shall be of no effect. 
Takes effect, Sect. 5. This act, cxccpting section one, shall take effect upon 

when. ^^g passage, and section one as aforesaid. 

[Approved July 19, 1879.] 



CHAPTER 55 



AN ACT IN RELATION TO FREIGHT CHARGES ON RAILROADS. 



Sect. 

1. Freight tariff regulated. 

2. Tariff on through freights not affected. 



Sect. 

3. Penalty for violation. 

4. Takes effect, when. 



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



Freight tariff 
regulated. 



Tariff on through 
freights not af- 
fected. 



Penalty for vio- 
lation. 



Takes effect, 
when. 



Sect. 1. No railroad owned or operated in this state shall charge 
a higher tariff on like classes of freight by the car-load, when de- 
livered at any station on its line, than is charged to deliver the 
same at any station on the road when the transportation is for a 
greater distance. 

Sect. 2. Nothing in section one shall be so construed as to af- 
fect the rights of any railroad owned or operated in this state from 
establishing such rates on freights shipped over their lines from 
points outside of the state to points beyond the state as may seem 

, for tlieii' hpst interests. o — ^ 

;ame as though it was an independent township. The t,j--\y^r^' onv of 

issessing and collecting the taxes of said district shall be paid by 

■ ?? 

[Approved Jull_19, J879.1 _ 

Sect. 4. This act shall take effect upon and after its passage. 
[Approved July 19, 1879.] 



1879.] 



Chapters 56, 57. 



367 



CHAPTER 5 6. 

AN ACT TO LEGALIZE THE DOINGS OF THE SELECTMEN AND COLLEC- 
TOR OF TAXES IN THE TOWN OF BRISTOL, FOR THE YEAR 1877. 



Sect. 
1. Taxes legalized. 



Sect. 
2. Takes effect, when. 



Be it enacted by the t^enate and Hovse of Representatives in 
Greneral Court convened : — 

Sect. 1. That all taxes assessed by the board of selectmen of Taxes legalized, 
the town of Bristol, for the year eighteen hundred and seventy- 
seven, are hereby legalized ; and all the acts and doings of the 
selectmen and collector of taxes of said town, for the said year, in 
relation to the inventory, assessment, and collection of all taxes in 
said town for the year eighteen hundred and seventy-seven, are 
hereby ratified, confirmed, and legalized. 

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

[Approved July 19, 1879.] 



Takes effect, 
when. 



CHAPTER 57. 

AN ACT IN AMENDMENT OF AND IN ADDITION TO THE PROVISIONS OP 
THE GENERAL LAWS, PASSED JUNE SESSION, EIGHTEEN HUNDRED 
AND SEVENTY-EIGHT. 



Sect. 

1. What newspapers to publish the laws. 

2. Commissioners to take acknowledgment of 

deeds, etc., may be appointed in foreign 
countries. 

3. Number of laws, etc., to be printed. 

4. Hearings for correction of check-lists. 

5. Certificates of election of representative to be 

returned to secretary of state. 

6. Verbal amendment. 

7. Check-lists to be used at all elections of mod- 

erator and supervisors. 

8. Sea-going vessels to be rated as personal es- 

tate for taxation. 

9. Invoice-books to be furnished to selectmen 

liy secretary of state. 

10. Repealing clause. 

11. Fee to clerk at sale of non-resident land for 

taxes not allowed. 

12. Xotiee in newspapers of sale of real estate 

for resident taxes not required. 

13. A member of the board of county commis- 

sioners to meet with board of equalization 
when notified, and not otherwise. 

14. Settlement of damages in laying out or al- 

tering highways. 

15. Secret.iry of state to furnish blank invento- 

ries annually. 

16. Discrimination against minors repealed. 

17. (See section 14 of this act.) 



Sect. 

18. Oath that copy of warrant for school-meeting 

has been posted may be administered by 
clerk of district ; three months' residence 
in district a qualification to vote. 

19. Women admitted to all offices in school-dis- 

tricts. 

20. Village fire-districts may sprinkle streets. 

21. Public health protected. 

22. Certain persons not required to take out ped- 

dler's license. 

23. Employe of dealer in, not to be inspector of 

petroleum. 

24. Purity of petroleum. 

25. Lumbermen's lien. 

20. Mile.ige of bank commissioners. 

27. Rights of married women. 

28. Attachment may be made without order of 

court. 

29. Past acts done under chapter 219 legalized. 

30. Verbal correction. 

31. Challenges by the state. 

32. Penalty for breaking, entering, and larceny. 

33. County not chargeable as trustee. 

34. When court may order sale of attached prop- 

erty. 

35. When and how attachments may be released. 

36. When justice not to sit at law term. 

37. As to meetings and warrants when towns and 

districts are identical. 



368 



Chapter 57 



[1879. 



Sect. 

38. The General Laws of 1878. 

39. Ballots at general elections to be preserved. 

40. Town clerk to have custody of, to send to 

secretary of state, when. 

41. Penalty for violation. 



Sect. 

42. Certificate to be obtained of committee of ad- 

joining town, when. 

43. Incidental expenses of the state provided for. 

44. This act takes effect, when. 



Be it enacted hy the Senate 
G-e7ieral Court convened : — 



and House of Representatives in 



What newspa- 
pers to publish 
the laws. 



Commissioners 
to take acknowl- 
edgment of 
deeds, etc., may 
be appointed in 
foreign coun- 
tries. 



Number of laws, 
etc., to be print- 



Sect. 1. Section eight of chapter four is amended by striking 
out the words " such newspapers as the legislature shall order." in 
the second line, and inserting in their stead the words " each 
weekly newspaper printed and circulated in this state." 

Sect. 2. Section ten of chapter seventeen is amended by strik- 
ing out the words " of the United States, and in each district and 
territory," in the second line, and inserting in their stead the 
words " state, district, and territory of the United States, and in 
each foreign country to which the United States sends a represent- 
ative." 

Sect. 3. The secretary of state is authorized to procure the 
printing of nine hundred copies of the session laws and journals 
of the senate and house of representatives of each session of the 
legislature ; twelve hundred copies of the biennial message of the 
governor ; seventeen hundred copies each of. the reports of the in- 
surance and bank commissioners ; fifteen hundred copies of the 
report of the trustees of the asylum for the insane, and twelve 
hundred copies each of all the other reports made to the legisla- 
ture, the governor and council, and the secretary of state, annu- 
ally or biennially ; and so much of section four of chapter five as 
is inconsistent with this amendment is hereby repealed. 

Sect. 4. Section four of chapter thirty is amended by adding 
after the word " election," in the sixth line of said section, the 
words, " one of which days shall be the day next preceding the 
day of election." 

Sect. 5. Section two of chapter thirty-five is amended by strik- 
ing out the first two lines of said section, and inserting instead 
thereof the following : " The certificate of election shall be made 
in duplicate, certified and signed in the same manner as the votes 
for governor, one of which shall be delivered to the representative 
elect, and the other shall be forwarded to the secretary of state 
within twenty days after the day on which such election is held ; 
and the provisions of this section shall also apply to classed towns." 

Sect. 6. Section one of chapter thirty is amended by striking 
out the word " said," in the seventh line of said section, and insert- 
ing instead thereof the word " any." 
Check-lists to be Sect. 7. Scctioii tcu of chaptcr thirty is amended by adding at 
tions of 'modera- the end of Said scctiou thc woi'ds, "at annual and biennial elec- 
tions." 

Sect. 8. Section six of chapter fifty-three is amended by add- 
ino- after the words " waters of the state," in the seventh line of 
the sixth clause of said section, the words," and sea-going vessels. 

Sect. 9. Section one of chapter fifty-five is amended by adding 
after the word " month " in the last line, the following words : 
" And the blank invoice-books to be used hereafter bv selectmen and 



Hearings for 
correction of 
check-lists. 



Certificates of 
election of rep- 
resentative to 
be returned to 
secretary of I 
state. / 



Verbal amend- 
ment. 



tor and super- 
visors. 
Sea-going vessels 
to be rated as 
personal estate 
for taxation. 



Invoice-books to 
be furnished to 
selectmen by 
secretary of 
state. 



1879.] Chapter 57. 369 

assessors in taking snch invoice, shall be prepared ])y the secretary 
of state, printed by the pnblic printer, and seasonably furnished to 
the selectmen and assessors of the several towns and cities of this 
state." 

Sect. 10. Sections seven, eight, nine, and ten of chapter fifty- Repealing 
six are hereby re|)ealcd. 

Sect. 11. Section sixteen, chapter fifty-nine, is amended by Fee to cierk at 
striking out, in the fifth line, the words, ''and the same sum for a dent land for *' 

plorl- " taxes not al- 

<^^*^^'^' lowed. 

Sect. 12. Section fourteen of chapter fifty-eight is amended by xotice in news- 
striking out all of said section that requires publication in a news- ?earestateTor '^ 

nnnor resident taxes 

pajJUl . ^Qj required. 

Sect. 13. Chapter sixty-one is amended by striking out of sec- a member of the 
tion four all after the word " town," in the twelfth line from the "isliXr.^ 
bottom, and insertino- the following: " and the chairman (ov a *° '"f *7'''' ,. 

. Til 1X111 • board of equali- 

member designated by the board) shall meet with the board ol zation when noti- 
equalization when notified to do so, and when the inventories of ot^hMwise"" 
his county are under consideration by the board ; and shall give 
the board the results of the aforesaid inspection by the county 
commissioners, and all other information in his possession." Sec- 
tion six of said section [chapter] is amended by striking out the 
first six lines of said section. 

Sect. 14. Chapter sixty-nine is amended by striking out sec- settlement of 
tions ten and eleven of said chapter and inserting the following : inTouror\iter- 
" Any land-owner or other person aggrieved by the decision of the '^s i^gi^^'^y*- 
selectmen, in the assessment of damages in any case relating to 
a highway, may appeal therefrom to the supreme court by petition, 
within one year after the highway or alterations are made ; and 
any land-owner or other person aggrieved by the decision of the 
selectmen in the laying out or altering a highway may appeal 
therefrom to said court by petition, which shall be filed within 
sixty days after the return thereof is recorded, if he had actual 
notice of such laying out or altering, otherwise within one year 
after the highway or alterations are made ; and shall file with it 
a bond in the sum of two hundred dollars, with sufficient sureties, 
conditioned to pay to the petitioners for the highway or alteration 
the costs that may be awarded them in case the decision of the 
selectmen is affirmed ; and on notice, as provided in section two, 
and such other notice as the court may order, such petitions may 
be referred to the commissioners." 

Sect. 15. Section eight of chapter sixty-one is amended by Secretary of 
striking out the word " fourth," in the fourth line of said section ; w'ank Lvento- ' 
and also the words " next after said inventories are returned," at "''^ '''"'"''"^'' 
the end of said section, and inserting in place of said last-named 
words the following : '' at which such equalization is to be made." 

Sect. 16. Section one of chapter sixty-four is amended by Discrimination 
striking out from said section all after the words " be exempt from ?fpeaied™'°°'^ 
tax or duty," in the twelfth line. 

Sect. 17. Section eleven of chapter sixty-nine is hereby (See .section h 
amended by striking out the words " sixty days," and inserting in-" * '*''*'^'' 
stead thereof the words " one year." \ j/ 

Sect. 18. Section five of chapter eigiity-seven of the General oath that copV 
Laws is amended by adding after the word •' oath," in the first line schooi-meeti°ng 
of said section, the words " which may l)e administered by the m^'^bradmi-nfs- 



370 



Chapter 57. 



[1879. 



tered by clerk of clcrk 
district ; three 
months' resi- 
dence in district 
a qualification to 
vote. 



Women admitted 
to all offices in 
school-districts. 



Village fire-dis- 
tricts may 
sprinkle streets. 



Public health 
protected. 



of the district ; " and section six of the same chapter is 
amended by striking out the words " one month." in the fourth line 
of said section, and inserting instead thereof the words " three 
months." 

Sect. 19. Section ten of chapter eighty-seven is amended by 
striking out in the fourth line of said section the words " the com- 
mittee." 

Sect. 20. Section four of chapter one hundred and seven is 
amended by inserting after the word " light," in the fourtli line of 
said section, the words " and sprinkle." 

Sect. 21. Section nine of chapter one hundred and eleven is 
amended by striking out the words " where tlie current will not re- 
move the same," and inserting instead thereof the following : " or 
shall allow to be exposed unburied any animal or other ; " and by 
striking out the word " ten," in said section, and inserting instead 
thereof the word " fifty." 

Sect. 22. Section one of chapter one liundred and nineteen is 
amended by adding after the word " persons," at the end of the 
fourth line in said section, the words, " not being agents or em- 
ployes of a person so assessed." 

Sect. 23. Section thirty of chapter one hundred and twenty- 
two is amended by inserting in the seventh line thereof, after the 
word " products," the following : " or who is not the employe of 
any person so interested." 

Sect. 24. Sections thirty-one and thirty-two of chapter one 
hundred and twenty-two are amended by striking out the words 
" one hundred and ten," in each section, and inserting instead 
thereof the words " one hundred and twenty." 

Sect. 25. Section thirteen of chapter one hundred and thirty- 
nine is amended by striking out the word " sixty," in the seventh 
line of said section, and inserting instead thereof the word " nine- 
ty " ; and the lien provided for in section sixteen of said chapter 
shall continue ninety days after the labor is performed. 

Sect. 26. Section eight of chapter one hundred and sixty-six is 
amended by inserting, between the words " cents" and " for" in 
the third line, the words " a mile." 

Sect. 27. Section twelve of chapter one hundred and eighty- 
three is amended by striking out in the sixth line of said section 
the words " before marriage," and in the tenth line the words " of 
property held by her in her own right," and add, at the end of said 
section, " except a mortgage releasing her right of dower and 
homestead." 

Sect. 28. Section seven of chapter two hundred and nine is so 
ord'^r^l.f court."* Q-i^ended that in all suits in equity, and libels for divorce, the 
plaintiff, or complainant, may, without order of such court or 
justice, attach the estate and property of the defendant or respond- 
ent, as provided therein and by sections eight and nine of said 
chapter. 

Sect. 29. Chapter two hundred and nineteen, and all acts 
and proceedings which have been performed oi- taken place in 
accordance with its provisions, are hereby legalized, ratified, and 
confirmed, as fully as if said chapter and its provisions had been 
incorporated in the General Laws at the time of their passage. 
Verbal correc- Sect. 30. Scctiou uiuc of chapter two hundred and twenty is 



Certaiu persons 
not required to 
take out ped- 
dler's license. 



Employe of 
dealer in, not to 
be inspector of 
petroleum. 



Purity of petro- 
leum. 



Lumbermen's 
lien. 



Mileage of bank 
commissioners. 



Rights of mar- 
ried women. 



Attachment may 



Past acts done 
under chapter 
219 legalized. 



1879.] Chapter 57. 371 

amended by striking out the word " two," in the fifth line of said 
section, and inserting instead thereof the word " four." 

Sect. 31. Section nine of chapter two hundred and sixty-one is ciiaiieuges by 
amended by inserting after the word " accused," in the fourtli line 
of said section, the words " and the state." 

Sect. 32. If any person shall, in the night-time, break or enter, ['rra^king^^enter- 
or in the day-time break and enter, any dwelling-house or out-house iu^, anaiarceuy. 
adjoining thereto, any office, bank, shop, store, warehouse, ))arn, 
granary, or mill, any meeting-house, court-house, town-house, 
college, academy, school-house, or other building erected for the 
public use, or any vessel lying within the body of any county, or 
any railroad depot, freight or passenger car, repair-shop, engine- 
house, or any out-building connected with any railroad, and shall 
therein commit larceny, he shall be imprisoned not exceeding five 
years. 

Sect. 33, No county shall be chargeable as trustee in any suit, ^,"a°e^abie*as 
on account of the pay of jurors or the fees of witnesses. trustee. 

Sect. 34. Whenever any party in interest to a suit is dissatisfied when comt may 

.,1,,,.. ,. .'^^•^p. , -, If 1 order sale of at- 

with the decision of examiners reiusmg to order a sale oi property tached property, 
attached in such suit under the provisions of sections twenty, 
twenty-one, and twenty-two of chapter two hundred and twenty- 
four, such party may make application to any judge of the supreme 
court, in term time or vacation, for an order of sale of such attached 
property, or any part thereof, by the officer attaching or holding 
the same, and such judge may, upon reasonable notice to the 
adverse party, or his agent or attorney, and proper evidence, order 
the sale of said property, or any part thereof, by such officer ; and 
thereupon such officer shall advertise and sell such property 
embraced in said order, in the same manner as if the parties con- 
sented thereto. 

Sect. 35. Any party, defendant, whose interest in real estate '^hen and how 

•J r J 1 1 _ attachments may 

IS attached on mesne process, or whose rights, credits, or other be released. 
thing are attached by the trustee process, may petition in writing 
to a justice of the supreme court, in term time or vacation, to have 
such attachments released ; and, upon reasonable notice to all 
parties interested, or their attorneys, said justice may order such 
petitioner to give bond to the plaintiff, with sufficient sureties, 
conditioned to pay the judgment which may be recovered by the 
plaintiff, with his costs on such petition, within thirty days after 
such judgment ; the petition and proceedings thereon shall be filed 
in the office of the clerk of the supreme court in the county where 
such suit is bjL^ought, and recorded as a part of the case, and the 
said clerk shall, upon payment or tender of his fees, give the 
petitioner an attested copy of the petition and proceedings, with a 
certificate, under seal of the court, attached thereto, that such bond 
has been duly filed in his office, and the recording of such copy and 
certificate in the registry of deeds in the county where such real 
estate or interest lies shall vacate and dissolve the attachment 
thereof ; and the delivery of a like copy and certificate to the party 
summoned as such trustee, or to his agent or attorney, shall vacate 
and dissolve such attachment made under and by virtue of such 
trustee process. If, on such hearing, the said justice shall find the 
said real estate, rights, credits, or other things so attached, or the 
interest of the defendant therein, to be of less value than the 



district are iden- 
tical. 



372 Chapter 57. [1879. 

amount ordered in the writ to be attached, such bond shall be con- 
ditioned to pay the value of such interest so found, and costs on 
said petition, within said time. 
When justice not Sect, 36. Xo justicc of the Supreme court shall sit on the hear- 
tenn."^*'""^ ing and determination of any cause at a law term which comes 
from a trial term upon a bill of exceptions, or reserved case, 
allowed or reserved by himself, unless it shall be necessary for the 
V. decision of such case. 
As to meetings ^ Sect. 37. Whcuever any school-district shall consist of the 
whtrrown and wholc towu, the district meetings thereof may be held at the usual 
place or places where the town meetings of such town are held, and 
the warrants for such district meetings may be posted at such 
places as warrants for town meetings are required by law to be 
posted. 
The General Sect. 38. Tlic body of laws entitled the General Laws of New 

Hampshire, as arranged, revised, and compiled by the commission- 
ers, and published under their authority, and such chapters of the 
public laws passed June session, eighteen hundred and seventy- 
eight, as are not incorporated or adopted in the General Laws, are 
hereby declared to be the public laws of this state, and to super- 
sede all laws inconsistent therewith passed before January one, 
eighteen hundred and seventy-nine, and are to be the basis of all 
amendments. All laws passed at the June session, eighteen hun- 
dred and seventy-nine, shall be deemed to have been passed subse- 
quent to the passage of this section. 
Ballots at gen- Sect. 39. At evcry election for governor, councilor, senator, 
beVeserved* ° clcctors of prcsidcut and vice-president, representatives in congress, 
representatives to the general court, or county officers, the moder- 
ator and selectmen shall cause all ballots given in for governor, 
councilors, senators, electors, representatives in congress, and 
county officers, and all ballots given in for representatives to the 
general court, at any balloting at which such representative shall 
be declared elected, after such ballots shall have been counted, de- 
clared, and recorded respectively, to be secured and placed in suita- 
ble packages or envelopes, and shall inscribe on such packages or 
envelopes a record of such vote as declared by the moderator, and 
at what election the same were given in, and attest such inscrip- 
tion by their own signatures, and shall deliver the same so sealed, 
inscribed, and attested to the town clerk before the adjournment 
of the meeting at which the ballots were cast. 
Town clerk to Sect. 40. Tlic Said towii clcrk shall carefully keep such pack- 
toIendto°^ecrel agcs or euvelopcs, and the ballots therein so delivered, -in the same 
when°^ ^^^^' condition and unopened for sixty days after such election, and shall, 
at the request in writing made within said sixty days, by any per- 
son for whom a ballot shall have been cast at said election and so 
recorded, send to the secretary of state the package or envelope afore- 
said, containing the ballot or ballots given in for sucli person ; and 
the secretary of state shall preserve said package or envelope, and 
the ballots therein, until otherwise ordered by the legislature. 
Penalty for viola- Sect. 41. Whocver shall willfully violate the provisions of 
*'°°' either of the two sections next preceding shall be fined not exceed- 

\ / ing five hundred dollars. 

V Certificate to be Sect. 42. Wlicu a tcachcr of any school in any town shall be 
mittee''of°adj'oiS- the solc member of the superintending school committee, said 

ing town, when. 



1879.] Chapters 57, 58, 59. 373 

teacher shall obtain a certificate from the superintending school 
committee of an adjoining town l)efore beginning school. 

Sect. 43. The governor and council arc authorized to audit and incidental ex. 
allow l)ills for postage, stationery, and other necessary incidental sutrprovided 
expenses of the state, and the governor is hereby authorized to ^°'' 
draw his warrant for the payment of the same out of any money in 
the treasury not otherwise ap})ropriated ; and sections eleven and 
twelve of chapter fifteen of the General Laws are hereby repealed. 

Sect. 44. This act shall take effect on and after its passage. Takes effect, 

[Approved July 19, 1879.] 



CHAPTER 58. 

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

$5,000 for deaf and dumb ; $4,000 for blind ; $1,000 for feeble-minded. 

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

That the following sums of money be, and hereby are, appro- ^^,000 for deaf 
priated annually for the pui'^joses herein after specified; viz., five $4,ooo'Sr blind; 
thousand dollars for the support, clothing, and education of indigent mVnd^d°'^ ^^^^^' 
deaf and dumb persons of this state, in the asylums at Hartford 
and Mystic River, Connecticut, and in asylums or schools for 
deaf and dumb persons in Massachusetts ; four thousand dollars for 
the support, clothing, and education of indigent blind persons of 
this state, at the Massachusetts school for the blind ; one thousand 
dollars for the support, clothing, and education of feeble-minded 
children of this state at the institution in Massachusetts established 
for that purpose ; and that said sums be expended under the direc- 
tion of the governor, and he is hereby authorized to draw his war- 
rant upon the treasurer therefor. 

[Approved July 1, 1879.] 



CHAPTER 59. 

.JOINT RESOLUTION PROVIDING FOR THE CONTINGENT EXPENSES OF THE 

GOVERNOR. 

$500 appropriated. 

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

That the sum of five hundred dollars annually be allowed as the $500 appropri- 
contingent fund of the governor, and that he may draw his warrant ^^^^' 
7 



374 Chapters 59, 60, 61. [1879. 

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 so drawn. 

[Approved July 3, 1879.] 



CHAPTER 60. 

JOINT RESOLUTION IN FAVOR OF JOHN CHAMBERLAIN. 

Appropriation to pay claim. 

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

^a ^dafm *'*"" *° That the sum of two hundred and eighty dollars, and interest 
on one hundred and thirty-four dollars from June first, eighteen 
hundred and sixty-three, be allowed to Rev. John Chamberlain, in 
full for his claim for services, and cash paid for expenses, as special 
state agent to care for sick and wounded soldiers during the late 
war, the same to be paid out of any money in the treasury not oth- 
erwise appropriated, and the governor be hereby authorized to issue 
his warrant therefor. 

[Approved July 11, 1879.] 



CHAPTER 61. 

JOINT RESOLUTION TO PROVIDE FOR THE CARE AND PRESERVATION 
OF THE OLD RECORDS OP THE STATE. 

$200 appropriated. 

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

S^jappropri- That the sum of two hundred dollars be and is hereby appropri- 
ated to be expended, under the direction of his excellency the gov- 
ernor, in the care and preservation of old records of the state, in 
the offices of the secretary, treasurer, and adjutant-general, and that 
the governor is authorized to issue his warrant therefor out of any 
money in the treasury unexpended. 
[Approved July 11, 1879.] 



1879.] Chapters 62, 63. 375 

CHAPTER^62. 

JOINT RESOLUTION IN FAVOR OP THE PRISONERS' AID ASSOCIATION. 

S400 appropriated. 

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

That the siim of four hundred dollars be allowed for the use of ffp^/P'"'°P"' 
the Prisoners' Aid Association, during the coming two years, and 
the governor is authorized to draw his warrant for the same upon 
any money in the treasurv not otherwise appropriated. 

[Approved July 11, 1879.] 



CHAPTER 63. 

JOINT RESOLUTION IN FAVOR OP THE CARROLL COUNTY FIVE CENT 

SAVINGS BANK. 

Preamble ; tax remitted. 

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

Whereas, The Carroll County Five Cent Savings Bank, by de- Preamble, 
preciation of its securities and losses in other ways, has lost two- 
fifths of all its deposits ; and, 

Whereas, Said deposits were largely the property of widows and 
orphans, and of poor people who had all theii- savings deposited in 
said bank ; and. 

Whereas, Said bank has been enjoined from doing business, and 
its affairs are now being wound up by assignees appointed by the 
supreme 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 percent- 
age 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 fii'st day of April, 
A. D. 1879, 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 11, 1879.] 



376 



Chapters 64, 65. 



[1879. 



CHAPTER 64 



JOINT RESOLUTION TO PROVIDE FOR THE REPAIR OF THE 
SENAL AT PORTSMOUTH. 



STATE AR- 



Preamble; $1,000 appropriated. 

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



Preamble. 



$1,000 appropri- 
ated. 



That tvhereas, The State of New Hampshire has lately come 
into the knowledge of its ownership of a building, with land at- 
tached, at Portsmouth, known as the state arsenal, originally prop- 
erty of the city of Portsmouth, and donated to the state for 
military purposes and use ; 

And whereas, Said building is in immediate need of repairs suffi- 
cient to make it available for the purpose before mentioned, and by 
such repairs and use it may be made to lessen the expense of the 
state for armory purposes in said Portsmouth ; therefore, 

Resolved, That the sum of one thousand dollars ($1,000), or so 
much of such sum as may be necessary, be and hereby is appropri- 
ated for the purpose of prosecuting and completing such repairs as 
may be necessary upon the state arsenal and grounds at Portsmouth, 
to make the premises available for military use as a storehouse for 
artillery, and as an armory ; and the governor is hereby authorized 
to draw his warrant for such sum as may be necessary to complete 
said repairs, not to exceed the sum before mentioned. 

[Approved July 16, 1879.] 



CHAPTER 65. 

JOINT RESOLUTION IN FAVOR OF J03IAH B. WIGGIN. 
ApproiDriation to pay claim. 

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



Appropriation to 
pay claim. 



That the sum of sixty-four dollars and eighteen cents be allowed 
Josiah B. Wiggin, in full for his claim for expenditures in proving 
his right to a seat in the house of representatives, from the town 
of Stratham, for the years 1879 and 1880, and that the same be 
paid out of any money not otherwise appropriated, and that the 
governor l3e authorized to draw his warrant for the same. 

[Approved July 16, 1879.] 



1879.] Chapters 66, 67, 68. 377 

CHAPTER 66. 

JOINT RESOLUTION IN FAVOR OF THE STATE LIBRARY. 

$500 appropriated. 

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

Tliat the sum of five hundred dollars be and the same is hereby ssoo appropri- 
appropriated in each of the years 1879 and 1880, for the use of '^'^^'^' 
the state library, to be expended by the trustees thereof in pur- 
chasing and binding books for said library. 

[Approved July 16, 1879.] 



CHAPTER 67. 

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

$300 appropriated. 

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

That the sum of three hundred dollars (8300) be allowed f or $300 appropri- 
the clerical expenses of the adjutant-general's department, and that ^*'^'^" 
the same 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 16, 1879.] 



CHAPTER 68. 

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

$150 appropriated. 

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

That the sum of one hundred and fifty dollars ($150), annually, f^^^^^ *pp'°p"" 
for the two ensuing years, be and hereby is appropriated 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 
for the same. 

[Approved July 16, 1879.] 



378 Chapters 69, 70, 71. [1879. 



CHAPTER 69. 

JOINT RESOLUTION PROVIDING A NEW STEAM-HEATING APPARATUS FOR 

THE STATE-HOUSE. 

$2,500 appropriated. 

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

$2^500 appropri- That a siuii iiot exceeding twenty-five hundred dollars be and the 
same is hereby appropriated for procuring a new boiler, necessary 
steam-pipes, and radiators for heating the state-house ; and the 
governor, with the advice of the council, is authorized to contract 
for the same, and to draw his warrant on the treasurer for the 
whole of that sum or such part thereof as may be necessary for 
that purpose. 

[Approved July 18, 1879.] 



CHAPTER 70. 

JOINT RESOLUTION FOR THE REMOVAL OF THE FOUNTAIN IN THE 

STATE-HOUSE YARD. 

Removal of fountain. 

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

Removal of foun- That the govcriior is hereby authorized to secure the removal of 
''*"^" the fountain in the state-house yard to such other location in said 

yard as he may deem fit and suitable ; and a sum sufficient to de- 
fray the cost of such removal is hereby appropriated from the 
treasury, and the governor is authorized to draw his warrant for 
the same. 

[Approved July 18, 1879.] 



CHAPTER 71. 

JOINT RESOLUTION IN FAVOR OF THE TOWN OF GORHAM. 
State tax abated. 

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

state tax abated. Sect. 1. That tlio statc treasurer bc and is hereby authorized 
and required to abate from the state tax, for the year 1879, to be 



1879.] Chapters 71, 72, 73. 379 

paid by the town of Gorham, in the county of Coos, the sum of five 
hundred dollars. 

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

[Approved July 18, 1879.] 



CHAPTER 72. 

JOINT RESOLUTION FOR THE APPROPRIATION OF MONEY FOR THE REPAIR 
OF ROADS THROUGH THE WHITE MOUNTAIN NOTCH AND VICINITY. 

$900, annually, appropriated for repairing highway from Bartlett to Fabyan's. 

Resolved by the Senate and House of Representatives in General 

Court convened : — 

That there is hereby appropriated for the purpose of repairing f^?^priat"ed'for 
roads in the vicinity of the White Mountains, for the years 1879 ^^P'^'/i"^ 3^^- 
and 1880, for each year the following sums, and for the following lett to Fabyan's. 
roads : For the main road between the Fabyan House and the 
Crawford -House, two hundred and fifty dollars ; for the road lead- 
ing from the north line of Bartlett to the Willey House, three 
hundred dollars ; for the road leading from the Willey House to 
the Crawford House, three hundred and fifty dollars ; so much of 
said sums to be expended on said roads as the governor shall think 
necessary ; and the governor may appoint an agent or agents to 
make such repairs, and is hereby authorized to draw his warrant 
for the said several sums. 

[Approved July 18, 1879.] 



CHAPTER 73. 

JOINT RESOLUTION IN RELATION TO AN APPROPRIATION FOR FRANCONIA 
NOTCH ROAD, IN THE TOWN OF LINCOLN. 

$100, annually, appropriated. 

Resolved by the Senate and House of Representatives in General 
Court eo7ivened : — 

That the sum of one hundred dollars be and the same is hereby sioo, annually, 
appropriated for the purpose of repairing the road through Fran- •'^pp'^op"*^®'^- 
conia notch, so called, in the town of Lincoln, for the year 1879, 
and the same sum for 1880, and that the same be paid out of any 
money in the treasury not otherwise appropriated, to be expended 
by an agent to be appointed by the governor and council for that 
purpose. 

[Approved July 18, 1879.] 



380 



Chapters 74, 75. 



[1879. 



CHAPTER 74. 

JOINT RESOLUTION IN RELATION TO AN APPROPRIATION FOR THE REPAIR 
OF THE HIGHWAYS IN THE TOWN OF RANDOLPH. 



$400, annually, 
appropriated. 



$400, annually, appropriated. 

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

That the sum of four hundred dollars be and hereby is appro- 
priated for the repair of the highways in the town of Randolph, for 
the year 1879, and the same sum for the year 1880, 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 July 18, 1879.] 



CHAPTER 75. 

JOINT RESOLUTION IN FAVOR OF THE DIXVILLE, MILLSPIELD, AND 
MAGALLOWAY ROADS IN COOS COUNTY. 



Appropriation 
for repairing 
highways in 
Coos County. 



Appropriation for repairing highways in Coos County. 

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

That the sum of one hundred and fifty dollars be and the same 
is hereby appropriated for the purpose of repairing the Dixville 
road, in Coos County ; the sum of one hundred dollars for the 
repair of Millsfield road, in Coos County ; and the sum of one 
hundred dollars for the road leading from Errol through Went- 
worth's Location to Magalloway Settlement, — for the year 1879, 
and the same amount for 1880 ; said several sums to be expended 
by an agent or agents to be 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 July 18, 1879.] 



1879.] Chapters 76, 77. 381 

CHAPTER 76. 

JOINT RESOLUTION TO ESTABLISH INDUSTRIAL TRAINING IN THE STATE 

REFORM SCHOOL. 

$G,000 appropriated. 

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

That the sum of four thousand dollars be and is hereby appro- f^fi^ appropn 
priated for the year 1879, and that two thousand dollars be 
appropriated for the year 1880, to be used and applied at the best 
discretion of the trustees of the State Reform School, for the 
purpose of providing such necessary rooms, power, and appliances 
as will enable the inmates of said institution to acquire some 
industrial trades or callings, and for furnishing the requisite 
instruction and defraying the current expenses of the same until it 
shall become self-supporting ; and the governor is authorized to 
draw his warrant for said appropriations upon presentation of the 
bills and vouchers for the money expended in accordance with this 
resolution. 

[Approved July 18, 1879.] 



CHAPTER 77. 

JOINT RESOLUTION AUTHORIZING THE STATE TREASURER TO BORROW 
MONEY TEMPORARILY. 

Treasurer authorized to borrow $150,000. 

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

That for the purpose of canceling the present floating debt of the ^ojfj^^to*^;^. 
state at maturity, the state treasurer be authorized, under the row $150,000. 
direction of the governor and council, to borrow temporarily, for 
the use of the state, a sum not exceeding one hundred and fifty 
thousand dollars. 

[Approved July 18, 1879.] 



382 



Chapters 78, 79. 



[1879. 



CHAPTER 78. 

JOINT EBSOLUTION IN FAVOR OF THE MECHANICS' SAVINGS BANK. 
Preamble ; tax remitted. 

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

Preamble. Whereas, The Mechanics' Savings Bank of Nashua has been pro- 

hibited from paying depositors of the reduced deposits known and 
reported as the "old accounts " of said bank, and an application is 
now pending to a justice of the supreme court for the appointment 
of an assignee to wind up the affairs pertaining to said " old 
accounts," and a large loss has been and will be sustained by said 
depositors ; therefore, 

Tax remitted. Resolved, That the sum of two hundred and fifty-three dollars 

and sixty-two cents, being the tax of one-half of one per cent on 
said deposits and their accumulations in said bank on the first day 
of April, 1879, be and the same is hereby remitted to the said 
Mechanics' Savings Bank, and that the state treasurer be and 
hereby is authorized and instructed to refund the same to said 
bank, if the same shall be paid into the state treasury before the 
passage of this resolution. 
[Approved July 19, 1879.] 



CHAPTER 79 



Thanks for por- 
traits. 



JOINT RESOLUTION OF THANKS FOR PORTRAITS. 
Thanks for portraits. 

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

That the thanks of the State of New Hampshire be presented to 
the following-named persons for their generous gifts to the state, 
as follows : To William Dinsmoor, for the portrait of Governor 
Samuel Dinsmoor, Jr. ; to Ralph Cross Cutter, for the portrait of 
Governor Jonathan Belcher ; and that a copy of this resolution be 
forwarded by the secretary of state to the donors herein mentioned. 

[Approved July 19, 1879.] 



1879.] Chapters 80, 81. 383 



CHAPTER 80. 

JOINT RESOLUTION IN REGARD TO THE FINANCIAL AFFAIRS OF CAR- 
ROLL COUNTY. 

Financial transactions of Carroll County to be investigated. 

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

That a committee, consistiiio- of three persons, shall be appointed ^'J'ionsof c^f "oJi 
by the governor and council, who shall have power to investigate county to be lu- 
the financial proceedings, condition, and affairs of the county of ""^^^'s^*^®^- 
Carroll, for the twelve years last past, and up to the time said com- 
mittee may make up their report. That said committee shall have 
power to send for persons and papers, to examine the books and 
records of said county heretofore kept and used by the officers of said 
county, to summons witnesses, and make report to the next session 
of the legislature. All expenses incurred by this committee, in 
making this investigation, shall be paid by the county of Carroll. 

[Approved July 19, 1879. ] 



CHAPTER 81. 

JOINT RESOLUTION IN REFERENCE TO CLOSING UP THE CENTENNIAL 
INTERNATIONAL EXHIBITION HELD IN PHILADELPHIA, A. D. 1876. 

U. S. senators directed and representatives requested to prepare and support an act appropriating 
money to pay subscribers to the stock of the centennial board of finance the balance due on their 
stock. 

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

" Whereas, The inhabitants of the State of New Jersey, through u. s. senators 
their representatives in the senate and general assembly, did, in the resentltires r'e^-^' 
year eighteen hundred and seventy-one, pass a joint resohition des- pareamuupport 
isnating the city of Philadelphia, in the State of Pennsylvania, in an act appropri- 

~ ~T-vi. c T • 1 1 1 atiDg money to 

which the Declaration oi Independence was signed and promui- pay subscribers 
gated, as the proper place to appropriately celebrate the one bun- tL centennial 
dredth anniversary of the same, and did appoint a committee to the baunce Xe^ 
confer with the authorities of the said city, in reference to the on their stock, 
holding of an international exhibition of science, arts, manufac- 
tures, and products of the soil and mine ; and, 

" Whereas, The said international exhibition was held in the name 
of and under the auspices of the government of the United States, 
in Fairmount park, city of Philadelphia, in eighteen hundred and 
seventy-six, it being the centennial anniversary year of American in- 
dependence, and designed to commemorate and perpetuate the mem- 
ories of the heroes, statesmen, and inhabitants of the colonies, who, 
through their wisdom, great sufferings, and sacrifices, achieved in- 



384 Chapter 81. [1879. 

dependence, established for the inhabitants thereof constitutional 
government, and registered it upon the roll of the family of nations 
as the government of the United States of America, in which name 
the people of all nations and governments were cordially invited to 
attend and participate in said international exhibition ; and, 

" Whereas, The invitation was accepted by all nations, who were 
represented through government officials and their people, bearing 
with them specimens of art and the products of the intelligent in- 
dustries of their respective countries in their greatest perfection ; and, 

" Whereas, The large attendance and display by the people of all 
nations upon that occasion was not only complimentary to the mem- 
ories of the founders of this republic, but highly instructive to the 
people of the United States, and produced the most beneficial effects 
upon the commercial, manufacturing, and agricultural industries of 
the countries, and was of incalculable influence in promoting senti- 
ments of peace and good-will among the people of all the states of 
the American Union, as well as in elevating our country in the es- 
timation of all nations who participated with us ; and, 

" Whereas, The contribution of one million dollars by the State of 
Pennsylvania, and one million five hundred thousand dollars by the 
city of Philadelphia, with the uniform courtesy and generous and 
liberal hospitality extended to the nation's invited guests during 
their attendance at the exhibition, by the citizens of that city, 
should be deemed by the people of the United States as a liberal and 
generous contribution in support of the honor and dignity of the 
nation ; and, 

" Whereas, The large amount necessary to defray the expenses of 
the commissioners appointed by the president of the United States, 
the proper officers, judges, and police force for the protection of 
the amount of valuable property on exhibition by all nations, was 
an unavoidable expenditure, as also for the erection of spacious 
buildings adapted to no other purpose, which buildings were sold at 
the close of the exhibition at a nominal price ; and, 

" JVhereas, In view of the large contributions made by the State of 
Pennsylvania, the city and citizens of Philadelphia, to insure the 
success of the exhibition, and the fact that the people of the entire 
nation have and will continue to share alike its honors and its ben- 
efits, it is but proper that the government of the United States should 
bear a reasonable proportion of the expense, of which the balance 
due to stockholders is but a small amount ; therefore, 

"(1) Be it resolved. By the senate and general assembly of the 
State of New Jersey, that the United States senators from the State 
of New Jersey be and are hereby instructed, and the representa- 
tives in congress requested, to ascertain the balance due to the 
subscribers to the centennial board of finance, and to prepare and 
support an act appropriating the same from the treasury of the 
United States ; and, 

"(2) Be it resolved, That the governors of the other twelve of the 
thirteen original states be requested to send copies of this preamble 
and resolution to the senators and representatives of their respective 
states, requesting them to use their influence to have the great cen- 
tennial anniversary of our nation's independence closed up con- 
sistently with the honor and dignity of a nation holding so high a 
position in the estimation of the civilized world ; and, 



1879.] Chapters 81, 82, 83. 385 

"(3) Be it resolved, That the governor of this state be and is 
hereby requested to transmit an engrossed copy of this preamble 
and resolution to the president of the United States, vice-president, 
and speaker of the house of representatives, and engrossed copies 
to the governors of the twelve states as aforesaid." 

(1) That we fully adopt said preamble, and the senators and 
representatives in congress from the State of New Hampshire are 
requested to ascertain the l)alance due to subscril)ers to the centen- 
nial board of finance, and to prepare and support an act appropria- 
ting the same from tiie treasury of the United States ; and, 

(2) Be it resolved, That the governor of this state be and he is 
hereby requested to transmit engrossed copies of the aforesaid pre- 
amble and resolutions to the president and vice-president of the 
United States, the speaker of the house of representatives, and to 
the governors of the several states. 

[Approved July 19, 1879.] 



CHAPTER 82. 

JOINT RESOLUTION IN FAVOR OF SOLON A. CARTER AND OTHERS. 
Appropriation to pay claims. 

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

That Solon A. Carter be allowed the sum of one hundred and Appropriation to 
fifty dollars ($150) ; I. W. Hammond, two hundred dollars ($200) ; P^y^'^'"^^- 
Andrew Jackson, fifty dollars ($50) ; A. W. Baker, twenty-three 
dollars (|23) ; and H. W. Parker thirty dollars ($30), in full for 
their respective claims, and that the same be paid out of any 
money in the treasury not otherwise appropriated ; and the gover- 
nor is hereby authorized to draw his warrant therefor. 

[Approved July 19, 1879.] 



CHAPTER 83. 

JOINT RESOLUTION IN FAVOR OF VOGLER BROTHERS AND OTHERS. 

Appropriation to pay claims. 

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

That Vogler Brothers be allowed the sum of six hundred five Appropriation to 
dollars and twenty cents ($605.20), and H. H. Aldrich the sum of P'^y "'''™^- 
seventy-seven dollars twenty-five cents ($77.25), in full for their 
respective claims, and that the same be paid out of any money in 



386 Chapters 83, 84, 85. [1879. 

the treasury not otherwise appropriated ; and the governor is hereby 
authorized to draw his warrant therefor. 
[Approved July 19, 1879.] 



CHAPTER 84. 

JOINT RESOLUTION IN FAVOR OF HAMMOND AND AYERS AND OTHERS. 

Appropriation to pay claims. 

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

Appropriation to That the suui of thirty-two dollars seventy-five cents (i32.75) 
pay c aims. ^^ allowed Hammoud and Ayers, and three dollars sixty-five cents 
($3.65) be allowed Stevens and Duncklee, in full for their respect- 
ive claims, and that the same be paid out of the treasury from any 
money not otherwise appropriated ; and the governor is hereby au- 
thorized to draw his warrant therefor. 
[Approved July 19, 1879.] 



CHAPTER 85. 

JOINT RESOLUTION IN RELATION TO BUILDING AN ARSENAL IN THE 

CITY OF CONCORD. 

§2,000 appropriated. 

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

$2,000 appropri- That tlic govomor is hereby authorized to appoint a committee 
^^^^' of three suitable persons to select and purchase land in the city of 

Concord and superintend the erection thereon of a suitable build- 
ing for an arsenal, the same to be fireproof, and is hereby author- 
ized to draw his warrant on the treasury for such sum as may be 
necessary to pay for said land and the erection of said building, 
provided the same shall not exceed the sum of two thousand dol- 
lars. 

[Approved July 19, 1879.] 



1879.] Chapters 86, 87. 387 

CHAPTER 86. 

JOINT RESOLUTION IN FAVOR OF JOHN UNDERBILL AND OTHERS. 

Appropriations to pay sergeant-at-arms, door-keepers, pages, chaplain, etc. 

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

That John Underhill be allowed the sum of one hundred seventy- Appropriations 
one dollars twenty cents ($171.20) ; George A. Perkins the sum of at-arms^door" 
one hundred sixty-nine dollars fifty cents ($169.50) ; William A. 5?:^^^"^' 
Caswell, one hundred sixty-nine dollars fifty cents ($169.50) ; 
George A. Dickey, one hundred sixty-seven dollars sixty cents 
($167.60) ; Frank B. Sinclair, ninety-four dollars ($94) ; David H. 
Rand, ninety -four dollars ($94) ; Anthony C. Hardy, one hundred 
thirty-eight dollars ($138) ; Fred F. Rolfe, ninety-six dollars ($96) ; 
Charles B. Cummings, seventeen dollars and ninety cents ($17.90) ; 
Wm. H. Gardiner, twenty-two dollars and fifty cents ($22.50) ; 
John K. Stokes, one hundred and fifty dollars ($150) ; Wm. E. 
Barrett, one hundred and eighty-six dollars ($186) ; F. S. Jenkins, 
thirty-one dollars ($31) ; George H. Bartlett, one hundred seventy- 
three dollars and forty cents ($173.40) ; Lyman Hayes, one hundred 
and seven dollars ($107) ; Calvin Sanders, fifteen dollars ($15) ; 
Samuel H. Hull, thirty dollars ($30) ; 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 July 19, 1879.] 



CHAPTER 87. 

JOINT RESOLUTION IN FAVOR OF J. E. SARGENT AND OTHERS. 
Appropriation to pay commissioners to revise the laws. 

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

That J. E. Sargent, L. W. Barton, and J. F. Wiggin be allowed ^pp'^p^^^^^^^*". 
the sum of six hundred dollars each, in full for their services as ers to revise the 
commissioners on revision of the statutes, and the governor is hereby 
authorized to pay the same out of any money in the treasury not 
otherwise appropriated. 

[Approved July 19, 1879.] 



Chapters 88, 89, 90. [1879. 



CHAPTER 88. 

JOINT RESOLUTION IN FAVOR OF THE CHAPLAIN OF THE NEW HAMPSHIRE 

STATE-PRISON. 

Annual salary of chaplain provided for two years. 

Annual salary of That the Slim of eight hiiiidred dollars a year for the two 

%'idedfortwo eiisuing jeors be aiid is hereby appropriated for the salary of the 

years. chaplain of the New Hampshire state-prison, 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 July 19, 1879.] 



CHAPTER 89. 

JOINT RESOLUTION PROVIDING FOR THE PAYMENT OF EXPENSES OF 
TRUSTEES OF THE STATE NORMAL SCHOOL, INCURRED PREVIOUS TO 
JANUARY ]^1879. 

Executive board to audit and allow expenses of trustees. 

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

Executive board That the govcmor and council be authorized to audit and allow 
low expenses of claims for expcuscs incurred by trustees of the State Normal School 
trustees. previous to-JanuaiT 1, 1879, now remaining unpaid, and that the 

same be |mid out oiany money in the treasury not otherwise appro- 
priated, and the governor is hereby authorized to draw his warrant 
therefor, j^ ^ 



m 



[Appro\€d July 19, 1879.] 



/^ 



CHAPTER 90 



•••Joint resolution in favor of the engrossing clerk. 

$100 appropriated. 

Resolved hy the ■ Senate and House of Representatives in General 
Court convened: — 
/ 
$100 appropri- That tlic sum of one hundred dollars be allowed to the engrossing 
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 appro}Da«ated. 
[Approved July 19, 1879.] 

I 



1879.] Chapters 91, 92, 93. 389 

CHAPTER 91. 

JOINT RESOLUTION IN FAVOR OF GEORGE H. BROWN AND OTHERS. 
Appropriation to pay claims. 

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

That the sum of one hundred and eight dollars thirty-seven cents Appropriation to 
be allowed George H. Brown, one hundred sixteen dollars ninety- ^''^ *''^™*' 
five cents (1116.95) to Russell T. Noyes, twenty-eight dollars (.$28) 
to John Foster, for expenses incurred in their several election cases, 
and that the same be paid out of any money in the treasury not 
otherwise ai^propriated ; and the governor is hereby authorized to 
draw his warrant therefor. 

[Approved July 19, 1879.] 



CHAPTER 92. 

JOINT RESOLUTION RELATING TO THE PRICE OF BOARD IN THE ASY- 
LUM FOR THE INSANE. 

Board to be reduced. 

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

The governor and council are hereby directed to take immediate Board to be re- 
steps to cause a reduction in the board at the insane asylum to four '^'"'®'^' 
dollars per week ; provided, that this resolution shall not be con- 
strued to forbid the charge and payment for necessary extra attend- 
ance and expense required by any patient in case of severe sick- 
ness or accident. 

[Approved July 19, 1879.] 



CHAPTER 93. 

JOINT RESOLUTION IN FAVOR OF JOHN FARR AND OTHERS. 

Appropriation to pay claims incident to investigation of Winnipesaukee Lake Company. 

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

That the sum of four hundred and thirteen dollars and eighteen Appropriation to 
cents ($413.18) be allowed John Farr ; that the sum of one Se^tt'lntlstt 
hundred and sixteen dollars and twenty-three cents (8116.23) be sa«on^o^ ^mni- 

9 Company. 



390 Chapters 93, 94, 95. [1879. 

allowed the administrator of the estate of the late Francis A. 
Faulkner ; that the sum of two hundred and seventy-seven dollars 
and sixty-six cents (1277.66) be allowed Charles W. Woodman ; 
the sum of two hundred and two dollars and fifty-six cents 
($202.56) to Henry P. Rolfe, in full for their services as commis- 
sioners in relation to Winnipesaukee Lake Company ; and that the 
sum of fifteen dollars (115) be allowed L. B. Brown, five dollars 
and fifty cents ($5.50) to Charles H. Parker, nine dollars and fifty 
cents ($9.50) to Republican Press Association, three dollars ($3) 
to Martin A. Haynes, and eight dollars and twenty-five cents 
($8.25) to Democratic Publishing Company, for incidental ex- 
penses of said commission ; 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. 
[Approved July 19, 1879.] 



CHAPTER 94. 

JOINT RESOLUTION IN FAVOR OF RANDALL S. KENESON. 
Appropriation to pay claim. 

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

Appropriation »o That the sum of onc hundred and fifty dollars ($150) be al- 
paycaim. lowcd to Randall S. Keucson, in full for liis attendance and mile- 
age as a member at the present session of the legislature, and that 
the governor be authorized to draw his warrant therefor. 
[Approved July 19, 1879.] 



CHAPTER 95. 

JOINT RESOLUTION IN FAVOR OF ALONZO W. CANNEY. ' 
Appropriation to pay claim. 

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

Appropriation to That the sum of one hundred fifty-four dollars and sixty-six 
cents ($154.66) be allowed Alonzo W. Canney, for expenses in- 
curred in contesting for his right to a seat in the house of repre- 
sentatives, from the town of Center Harbor, and that the governor 
be authorized to draw his warrant for the same. 
[Approved July 19, 1879.] 



1879.] Chapters 96, 97. 391 



CHAPTER 96. 

JOINT RESOLUTION INCREASING THE SIZE OF THE YARD OF THE NEW 
STATE-PRISON AND APPROPRIATING MONEY THEREFOR. 

S5,000 appropriated to enlarge the yard of tlie new prison. 

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

That the commissioners appointed under chapter sixty-six of tlie 85,000 appropri- 
Pamplilet Laws of 1877, to build a new state-prison, be and are ui'eVanrof'the 
hereby instructed to locate the west wall of the prison yard at least "^"' p"^°"- 
seventy-two feet westerly from the westerly wall of the work-shop 
already built for the new prison ; and a sum not exceeding five 
thousand dollars ($5,000) is hereby appropriated for the purpose of 
making the change in existing plans herein contemplated, which 
sum the state treasurer, with the advice and consent of the gover- 
nor and council, is hereby authorized to borrow on the credit of 
the state, upon the best terms he is able to make. 

[Approved July 19, 1879.] 



CHAPTER 97. 

JOINT RESOLUTION RELATING TO THE PRISONERS IN THE NEW HAMP- 
SHIRE STATE-PRISON. 

Prisoners may communicate directly with the governor and council. 

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

That whenever any prisoner in the New Hampshire state-prison Prisoners may 

f • , • j_ -L-y It T .111 communicate di- 

desires to communicate With the governor and council, he or she rectiy with the 
shall be permitted to do so in a direct manner, and without any founcLL"^ ^°*^ 
supervision being exercised over the letters of said prisoners by 
the prison officials, or other persons connected in any way with 
said institution. 

[Approved July 19, 1879.] 



392 Chapters 98, 99. [1879. 

CHAPTER 98. 

JOINT RESOLUTION IN FAVOR OF JOHN B. CLARKE AND OTHERS. 
Appropriation to pay claims. 

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

Appropriation to That the sum of two hundred ninety-seven and one-half dollars 
pay c aims. ($291.50) be allowed John B. Clarke ; two hundred ninety-seven 
and one-half dollars (f 297. 50) to Democratic Publishing Com- 
pany ; two hundred ninety-four dollars and eighty-seven cents 
($294.87) to Republican Press Association ; five dollars (§5) to 
Campbell and Hanscom ; fifteen dollars eighty cents ($15.80) to 0. 
C. Moore ; one hundred seventy- four dollars and forty-one cents 
(il74.41) to John B. Clarke ; eight dollars and twenty-five cents 
($8.25) to I. W. Hammond : two hundred and fifty-eight dollars 
and forty-two cents ($258.42)to Morrill and Silsby ; fourteen dollars 
eighty cents (S14.80) to Joseph A. Meloon ; eight dollars ($8) to 
Carmi M. Parker, in full for their respective claims ; and that the 
same be paid out of any money in the treasury not otherwise ap- 
propriated, and the governor is hereby authorized to draw his money 
[warrant] therefor. 

[Approved July 19, 1879.] 



CHAPTER 99. 

NAMES CHANGED. 

Names changed. The followiiig cliangcs of uauies have been legally made by the 
judges of probate in the counties where the persons reside, dur- 
ing the year from June, 1878, to June, 1879. 

Rockingham. RocKiNGHAM CouNTY. — Albert A. and Fannie A. Hoag, of 

Stratham, to Albert A. and Fannie A. Haven ; George Edward 
Shaw and Georgietta Shaw, of Hampton, to George Edward and 
Georgiette Hobbs ; Susan C. Richardson, of Exeter, to Susan C. 
Robinson ; Mary E. Roberts, of Salem, to Mary E. Morrison ; 
Susan L. Stone, of South Hampton, to Susan L. Currier ; Jennie 
May Crosby, of Portsmouth, to Jennie May Wolcott ; Vena S. 
Hibbert, of Newmarket, to Vena S. Ames ; Ella F. Wentworth, of 
Newmarket, to Ella F. Drew. 

Strafford. Strafford County. — Lena Hill, of Milton, to Mildred L. Rob- 

erts ; Hannah A. Ellis, of Rochester, to Grace Varney Hussey ; 
Emma F. Cobem, of New Durham, to Emma F. Burnham ; Henry 
H. Hough, of Dover, to Harry Hough ; Musetta Arabella Raitt, of 
Milton, to Musetta Arabella Dorr ; Eben Leathers, of Barrington, 
to Eben Rutherford Hayes ; Sarah E. George, of Somersworth, to 
Sarah E. Sanborn ; Mary P. Otis, of Rochester, to Mary A. Pearl ; 
Mark W. Leathers, of Barrington, to Mark W. Stanton ; Sarah E. 



1879.] Chapter 99. 393 

Levy, of Sonicrsworth, to Sarah E. Home ; Catherine E. Heiden, 
of Dover, to Catherine E. Rieckman ; John William Heiden, of 
Dover, to William Henry Rieckman ; Edward Julius Heiden, of 
Dover, to Edward Julius Rieckman ; Bridget Anna Lindsay, of 
Milton, to Jennie Anna Lindsay ; Amos Bailey Noyes, of Milton, 
to Frank E. Pernald. 

Belknap County. — Alice Lucina Newton, of Center Harbor, Beiknap. 
to Alice Lucina Hawkins ; Mary J. Whitton, of Alton, to Mary J. 
Twombly; Woodbury Melcher Tilton, of Laconia, to Woodbury 
Melcher ; Eliza J. Tilton, of Laconia, to Eliza Taylor Melcher ; 
Lydia P. Doe, of New Hampton, to Lydia P. Wiggin, 

Carroll County. — Sadie P. Craig, of Conway, to Sadie F. ^arroii. 
Franklin ; Frank E. Foss, of Tuftonborough, to Frank E. Piper ; 
DoUie May Fyre, of Sandwich, to Edith May Johnson. 

Merrimack County. — Anna Francella Ladd to Anna Francella Merrimack. 
Osgood ; William A. Harvey to Walter A. Harvey ; Lucy Janette 
Pelkey to Flora Belle Harvey ; Anna M. Weeks to Anna M. Mud- 
gett ; Frank M. James to Frank M. Ring; Apphia R. Conery to 
Kate Apphia Robinson ; Fanny L. Blood to Fannie L. Barrett ; 
Minnie S. Chase to Minnie S. Clough. 

Hillsborough County. — Carrie B. Stearns to Carrie S. Brad- musborough. 
ford ; Andrew J. Henesy to Andrew J. Hersey ; Charles A. Hen- 
esy to Charles A. Hersey ; Robert J. Henesy to Robert J. Hersey ; 
Edith E. Henesy to Edith E. Hersey ; William Campbell Grisim to 
William Campbell ; Mary Kaveney to Mary McQueeney ; Ara L. 
Chalk to Ara L. Piatt ; Frances L. Yeaton to Frances L. Dorr ; 
Addie J. French to Addie L. James; Mrs. Hannah Marshall to 
Miss Hannah Young ; Emma M. Cady to Emma M. Kimball ; Eli- 
jah Brown Hazzen to Elijah Breton-Gamage Hazzen ; Abbie Jane 
Hazzen to Eugenie Abrandette Hazzen. 

Cheshire County. — Lena Mabel Estabrook to Lena Mabel Cheshire. 
Cook ; Eddy Weller Yolman to Edward Weller Yolman ; Burton 
Lewis Currier to Burton Lewis Upham ; Bertha Russell to Bertha 
Ruth Clark ; Patrick Harrington to Henry P. Harrington ; Rebecca 
Edith Buss to Rebecca Edith Hetherington. 

Sullivan County. — Eugene E.White to Eugene E. Pollett ; suiiivan. 
Martha A. Toothacre to Martha A. Towne ; Lucien W. Young to 
Lucien W. Cowles ; Luke Shepherd Bowers to Shepherd Luke 
Bowers ; Ida Noll to Ida Noll Chapman. 

Grafton County. — Oscar Charles Eastman Baker to Charles Grafton. 
Eastman Baker ; Alice H. Cunningham to Alice H. Elliott ; Effie 
Denio to Effie Bernard ; Ella Denio to Ella Bernard ; Alvin Harri- 
son Johnson to Harry A. Johnson ; John Mitchell to John M. 
Mitchell ; Charlotte Pettes Searcy to Charlotte Prescott Searcy ; 
Emma Davis Benton Scott to Emma Davis Benton ; Mary Isabella 
Tuttle to Mary Belle Clark. 

Coos County. — Mary E. Dain to Mary E. Howard ; Nancy coos. 
French to Nellie F. Webb ; Eldon S. Maguire to Eldon S. Cole. 



PRIVATE ACTS. 



CHAPTER 100. 

AN ACT IN AMENDMENT OF AN ACT ENTITLED " AN ACT TO INCORPO- 
RATE THE CRYSTAL SPRINGS WATER COMPANY," APPROVED JULY 18, 
1878. 

Sect. 1. Limitation of property. 

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

Sect. 1. That the act to incorporate the Crystal Springs Water Limitation oi 
Company, approved July eighteen, eighteen hundred and seventy- 
eight, be and the same hereby is amended as follows ; that is to 
say, strike out of the sixth line of the first section of said act the 
words "the compact," and insert instead thereof the word " any" ; 
also strike out the word " ten " wherever it occurs before the words 
" thousand dollars," and insert the word " twenty." 

[Approved June 25, 1879.] 



CHAPTER 101. 



AN ACT TO INCORPORATE THE AMORY MANUFACTURING COMPANY. 



Sect. 

1. Corporation constituted. 

2. Location and purpose. 

3. Capital stock. 



Sect. 

4. First meeting, by-laws, etc. 

5. Subject to repeal. 

6. Takes eifect, when. 



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

Sect. 1. That Daniel Clark, Samuel N. Bell, T. Jefferson corporation con- 
Coolidge, and John L. Bremer, and their associates, successors, and ^*'*"*^'^- 
assigns, be and they are hereby made a body corporate and politic 
forever, by the name of the Amory Manufacturing Company, and 
by that name may sue and be sued, prosecute and defend to final 
judgment and execution, and shall be and hereby are vested with 
all the powers, privileges, and immunities, and subject to all the 
liabilities, of corporations of a similar nature. 



396 



Chapters 101, 102. 



[1879. 



Location and 
purpoBe. 



Capital stock. 



First meeting, 
by-laws, etc. 



Subject to re- 
peal. 



Takes effect, 
when. 



Sect. 2. The said corporation is hereby empowered to establish, 
manage, and carry on the business of manufacturing cotton, woolen, 
linen, paper, or other goods, or any of the various branches of 
manufactures or of the mechanic arts that may be conveniently or 
necessarily connected therewith, at Manchester, in the county of 
Hillsborough, and for that purpose may purchase, have, and hold 
such personal and real estate as may be found necessary and proper 
for the business hereby authorized, and the same may sell, alien- 
ate, and dispose of at pleasure. 

Sect. 3. The capital stock of the corporation shall not exceed 
twelve thousand shares of the par value of one hundred dollars each, 
the number of such shares to be determined by the grantees at their 
first meeting, and may be increased from time to time by the 
directors, not exceeding in the whole the amount herein limited. 

Sect. 4. Daniel Clark and Samuel N. Bell, or either of them, 
may call the first meeting of said corporation, by giving each of 
their associates named herein notice in writing of the meeting, at 
least seven days prior thereto, at which, or any future meeting, 
such by-laws, rules, and regulations, not repugnant to the constitu- 
tion and laws of this state, may be adopted, such officers chosen, 
and all such other matters and things done and transacted as may be 
necessary to the organization of said corporation and its future 
operations, for the full enjoyment of the rights and privileges hereby 
granted. 

Sect. 5. Any future legislature may alter, amend, or repeal 
this charter, whenever in their opinion the public good shall re- 
quire it. 

Sect. 6. This act shall take effect upon its passage. 

[Approved July 1, 1879.] 



CHAPTER 102. 

AN ACT TO INCORPORATE MORRISON LODGE NO. 90, OF ANCIENT FREE 
AND ACCEPTED MASONS, OF NORTHWOOD. 



Sect. 

1. Corporation constituted. 

2. First meeting. 



Sect. 
3. Takes effect, when. 



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



Corporation con- 
stituted. 



Sect. 1. That John 0. Boody, George W. Boody, William S. 
Gray, Elisha S. Tasker, Ivory B. Hill, Nathaniel E. Gate, Frank M. 
Knowles, their associates and successors, be, and they hereby are, 
made a body politic and corporate by the name of Morrison Lodge 
No. 90, of Ancient Free and Accepted Masons, at Northwood, for 
such charitable and benevolent purposes as said corporation may 
from time to time designate ; and by that name may sue and be 
sued, prosecute and defend to final judgment and execution, and 
shall be vested with all the powers and privileges, and subject to 



1879.] 



Chapters 102, 103, 104. 



397 



all the liabilities, of corporations of a similar nature ; and may take 
and hold real and personal estate, by 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 three members named, or either of them, ^-irst meeting. 
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, ^f^^^"^^^"*- 

[Approved July 1, 1879.] 



CHAPTER 103. 

AN ACT TO CHANGE THE NAME OF THE NEW HAMPSHIRE MISSIONARY 

SOCIETY. 



Sect. 
1. Name changed. 



Sect. 
2. Taies effect, when. 



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

Sect. 1. That the name of "The New Hampshire Missionary Name changed. 
Society " be changed, and that its name shall hereafter be " The 
New Hampshire Home Missionary Society." 

Sect. 2. This act shall take effect and be in force from and Takes effect, 

<. , . . when. 

after its passage. 

[Approved July 1, 1879.] 



CHAPTER 104. 

AN ACT TO AUTHORIZE THE WORCESTER AND NASHUA RAILROAD COM- 
PANY TO MORTGAGE ITS ROAD AND PROPERTY. 



Sect. 

1. Corporation authorized to mortgage its prop- 
erty. 



Sect. 

2. May issue new bonds to replace existing ones* 

3. Takes effect, when. 



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



erty. 



Sect. 1. The Worcester and Nashua Railroad Company is ^^Xed tomM't- 
authorized to mortgage the whole or any part of its property, real gasj* its prop- 
er personal, including its franchise, not exceeding in amount at any 
time the capital paid in, for the purpose of securing such bonds as 
have been or may be issued by said company, and its pre-existing 
debts and liabilities ; provided, that any such mortgage shall be so 
drawn as to secure the bonds of the Nashua and Rochester Railroad, 

10 



398 



Chapters 104, 105. 



[1879. 



guaranteed by the Worcester and Nashua Railroad Company, equally 
with the bonds of said Worcester and Nashua Railroad Company, 
and the annual rental or interest on the capital stock of said Nashua 
and Rochester Railroad according to the terms of the lease existing 
between it and the Worcester and Nashua Railroad Company, or 
any modification thereof at the time of said mortgage ; and provided, 
said mortgage shall not affect or discharge any valid attachment or 
lien on the property of said Worcester and Nashua Railroad Com- 
pany existing at the date of said mortgage. 
May issue new Sect. 2. At tlic rcqucst of any owner or holder of any coupon 
e:^tta?ones.^^ bouds lawfully issucd, the said Worcester and Nashua Railroad 
Company may issue new coupon bonds in exchange for and in lieu 
of them, bearing a uniform rate of interest, upon such terms and 
under such regulations as may be prescribed by the board of 
directors of said company, with the consent and approval of the 
trustees to whom any mortgage or pledge shall be executed ; such 
exchange of bonds shall not affect the said mortgage, and said 
mortgage shall remain in force for such new bonds ; provided, that 
the old bonds shall be canceled and destroyed at the same time the 
new bonds are exchanged in lieu thereof. 

Sect. 3. This act shall take effect on and after its passage. 
[Approved July 3, 1879.] 



Takes effect, 
when. 



CHAPTER 105 



AN ACT TO INCORPORATE THE APTHORP RESERVOIR COMPANY. 



Sect. 

1. Corporation constituted ; its purpose. 

2. Capital stock. 

3. Annual and special meetings. 

4. Limitation of property ; powers and privileges. 



Sect. 

5. May take springs, dig ditches, etc. ; damages 

6. First meeting. 

7. Subject to repeal ; takes effect, when. 



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



Corporation con- 
stituted ; its pur- 
pose. 



Capital stock. 



Sect. 1. Richard Taft, Cyrus Eastman, Charles H. Greenleaf, 
John M. Mitchell, Charles F. Eastman, Grover W. Barrett, Albert 
S. Batchellor, and their associates, successors, and assigns, shall 
be and hereby are made a body politic and corporate by the name 
of the Apthorp Reservoir Company, for the purpose of bringing 
water into any part of Littleton village, in the town of Littleton, 
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 subjected 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 
be from time to time determined by the directors of said 



may 

corporation, not exceeding in 

dollars. 



the whole the sum of ten thousand 



1879.] Chapter 105. 399 

Sect. 3. The annual meeting of said corporation shall Ije holden A^j'^^i^andspe- 
at such time and place as may be prescriljed by the by-laws or "* ""^^ "'^^' 
appointed by the directors, at which meeting not less than three, 
nor more than seven, directors shall be chosen by ballot. The 
directors may call special meetings of the corporation whenever 
they shall deem it necessary, giving such notice as the l)y-laws may 
prescribe. 

Skct. 4. Said corporation is empowered to purchase and hold, p^^pertyTpow- 
in fee simple or otherwise, any real and personal estate necessary «s^and p'rivi- 
for carrying into effect the purposes of this act, not exceeding in 
value, at the time of its purchase, ten thousand dollars ; and said 
corporation is authorized to enter upon and break up ground, dig 
ditches, and make excavations in any street, place, 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, sub- 
ject to such regulations as to the safety of the citizens and 
security of public travel as may be prescribed by the selectmen of 
the town of Littleton. 

Sect. 5. Said corporation is authorized to enter upon and Jr[n*g^^dig 
appropriate any springs, streams, or ponds, not belonging to any ^^^^£^*<=-' 
aqueduct 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 inclosure through 
which it may be necessary to pass said pipes or water, or said 
excavations, reservoirs, or water-works to be or exist, for the 
purpose of obtaining, holding, preserving, or conducting said water 
and placing such pipes, other material or works as may be 
necessary for building and operating such water-works or repairing 
the same ; provided, that [if j 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 tlie same, and 
said corporation shall not agree with the owners thereof for the 
damages that may be done by said corpoi'ation, 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 damages 
determined ; and 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 is now 
provided by law for the laying out of highways, and said commis- 
sioners shall make report to said court, and said court may issue 
execution accordingly. If either party shall desire, upon applica- 
tion to said court before reference to said commissioners, the 
parties shall be entitled to a trial by jury, in such manner and 
under such regulations as said court may prescribe ; and it shall 
not be lawful for said corporation to make such entry and appropria- 
tion as aforesaid, except the same shall be by agreement between 
the parties, until a tender of the amount of the damages found as 
aforesaid shall have been previously tendered to the owner of the 
estate or right to be entered upon and appropriated as aforesaid, 
if such owner shall be known. 

Sect. 6. Any two of the corporators named in this act may call First meeting. 
the first meeting of the corporation, by giving a notice in writing 



400 



Chapters 105, 106. 



[1879. 



Subject to re- 
peal ; takes ef- 
fect, when. 



to each of the corporators of the time and place of meeting, at 
least sis days before the day of meeting, or by notice printed in 
some paper published at Littleton, in the county of Grafton, at 
least fourteen days before said meeting ; and at said meeting, or any 
adjournment thereof, or at any subsequent meeting duly called, 
associates may be admitted, and all proper officers chosen, the 
number and par value of stocks fixed, and such by-laws and regula- 
tions 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. 

Sect. 7. The legislature may amend, alter, or repeal this act 
when it is made to appear that the public good requires it ; and this 
act shall take effect upon its passage. 

[Api)roved July 3, 1879.] 



CHAPTER 106. 

AN ACT TO INCORPORATE THE ODD FELLOWS' BUILDING ASSOCIATION 

OF ROCHESTER. 



Sect. 

1. Corporation constituted. 

2. Limitation of property. 

3. By-laws, officers, etc. 



Sect. 

4. Deceased member's interest vests in corpora- 

tion. 

5. Subject to repeal ; takes effect, when. 



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



Corporation con- 
stituted. 



Sect, 1. That David Legro, Stephen D. Wentworth, Zenas H. 
Nute, Augustine S. Parshley, John P. Trickey, Larkin B. Moulton, 
Charles W. Bradley, Edward Josselyn, Charles T. Yeaton, Joseph 
P. Swasey, and Ruel M. Perkins, their associates, successors and 
assigns, be and are hereby made a body corporate by the name of 
the Odd Fellows' Building Association of Bochester ; and by that 
name may sue and be sued, prosecute and defend to final judgment 
and execution, and shall be and are hereby vested with all the 
rights and privileges, and subject to all liabilities, incident to corpo- 
rations of a similar nature. 

Sect. 2. Said corporation is hereby empowered to hold real 
estate and personal property not to exceed fifty thousand dollars. 

Sect. 3. Said corporation may, at any meeting duly notified and 
holden, make such regulations and by-laws (not repugnant to the 
laws of this state) for the management of its interests and con- 
cerns, and may elect such officers, as they may think proper ; and 
either one of the corporators may call the first meeting of said 
corporation, by notice to each corporator sent through the mails to 
his address ten days at least before said day of meeting. 
Dece^ed mem- Sect. 4. Said corporatioii is hereby authorized to maintain and 
vests kfcorpora- manage its building, called Odd Fellows' Block, in Rochester, in the 
*'*'''• county of Strafford ; and all interest of any member in corporate 

property shall terminate and vest in said corporation whenever 



Limitation of 
property. 

By-laws, officers, 
etc. 



1879.] Chapters 106, 107, 108. 401 

such member by death, resignation, or otherwise ceases to be a 
member thereof. 

Sect. 5. The legislature may, at any time, alter, amend, or p"^^^'=*ak'e8 eV- 
repeal this act ; and this act shall take effect on its passage. feet, 'when. 

[Approved July 11, 1879.] 



CHAPTER 107. 

AN ACT TO AMEND THE CHARTER OP THE CONCORD AND ROCHESTER 

RAILROAD. 

Sect. I Sect. 

1. Time of beginning the construction extended. | 2. Takes effect, when. 

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

Sect. 1. That the time limited in and by the act approved Time of begin- 

■'.,-, , ^ '■ ningthe con- 

July sixth, eighteen hundred and sixty-mne, entitled "An act to struction extend 
incorporate the Concord and Rochester Railroad," for the expendi- 
ture of the sum of fifty thousand dollars towards the construction of 
said railroad, is hereby extended to the fourth day of July, in the 
year of our Lord one thousand eight hundred and eighty-four, and 
said act shall be in force as to any and every portion of said railroad 
which shall be completed and fit for use on or before the first day 
of July, in the year of our Lord one thousand eight hundred and 

eighty-four. Takes effect, 

Sect. 2. This act shall take effect from its passage. when. 

[Approved July 11, 1879.] 



CHAPTER 108. 

AN ACT TO sever THE FARM OF ISAAC N. SAWYER, IN SALISBURY, 
FROM SCHOOL-DISTRICT NO. 9 IN SALISBURY, AND ANNEX THE SAME 
TO SCHOOL-DISTRICT NO. 3 IN SAID TOWN. 



Sect. 

1. Farm transferred from one school-district to 
another. 



Sect. 
2. Takes effect, when. 



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

Sect. 1. That the real estate owned by Isaac N. Sawyer, Farm trans- 
situate in school-district No. 9, in the town of Salisl^ury, be and schwi-dTs^ictto 
hereby is severed from said school-district No. 9, and annexed, for ^''*^"- 
the purpose of schooling, to school-district No. 3, in said town of 
Salisbury. 

Sect. 2. This act shall take effect and be in force from and ^*^^^ ^*^^'='' 

,. . when. 

after its passage. 

[Approved July 11, 1879.] 



402 



Chapters 109, 110. 



[1879. 



CHAPTER 109. 

AN ACT TO INCORPORATE THE GRAND LODGE OF THE INDEPENDENT 
ORDER OF GOOD TEMPLARS. 



Sect. 

1. Corporation constituted. 

2. First meeting. 



Sect. 
3. Takes eSect, when ; subject to repeal. 



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



Corporation' con- 
stituted. 



Sect. 1. That Horace G. Whittier, George A. Bailey, Lorenzo 
Frost, Emma P. Whittier, J. L. Dow, and Josephine Ham, their 
associates and successors, be and hereby are made a body politic 
and corporate by the name of " The Grand Lodge of the Inde- 
pendent Order of Good Templars," for such moral, charitable, and 
benevolent purposes as said corporation may from time to time 
designate, and by that name may sue and be sued, prosecute and 
defend to final judgment 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, by donation or otherwise, for the purpose of said 
corporation, to an amount not exceeding five thousand dollars, and 
the same may sell, use, and 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. 

Sect. 2. The first two of said grantees, or either of them, may 
call the first meeting of this corporation, at such time and place as 
they may deem expedient, and in such manner as they may think 
proper. 

Sect. 3. This act shall take effect on its passage ; and the legis- 
when ; subject laturc may, at any time, alter, amend, or repeal the same, when- 



First meeting. 



Takes effect, 



to repeal 



ever in their opinion the public good requires it. 
[Approved July 11, 1879.] 



CHAPTER 110. 

AN ACT TO EXTEND THE TIME FOR COMPLETING THE BOSTON, CONCORD, 
AND MONTREAL RAILROAD TO COLEBROOK AND CANADA LINE. 



Sect. 
1. Time of completing road extended. 



Sect. 
2. Takes effect, when. 



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



Time of com- Sect. 1. That the time for completing the Boston, Concord, 

fiS'*'^*''' and Montreal Railroad to Colebrook and Canada line be extended 



1879.] Chapters 110, 111, 112. 403 

to the thirty-first day of Deceml)er, eighteen hundred and eighty- 
three. 

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

[Approved July 16, 1879.] 



CHAPTER 111. 

AN ACT TO CORRECT AN ERROR IN THE CHARTER OF THE ELLIOT BRIDGE 

COMPANY. 

Sect. I Sect. 

1. Error corrected. I 2. Takes effect, when. 

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

Sect. 1. That in the second section of the act passed July twen- Error corrected, 
ty-fifth, eighteen hundred and seventy-eight, entitled "An act to 
incorporate the Elliot Bridge Company," the words " South Ber- 
wick " shall be substituted for the word " Elliot." 

Sect. 2. This act shall be exempt from the charge provided in ^h^n!^^^*'*' 
section five, chapter thirteen of the General Laws. 

[Approved July 16, 1879.] 



CHAPTER 112. 

AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER. 

Sect. 1. City council to appoint board of instruction. 

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

Sect. 1. That all the power that is now vested in the board of city council to 
aldermen of said city, for the appointment of a board of instruction, fns^trlTction" 
by section eight, chapter one hundred and fifty-one of the Pamphlet 
Laws passed July seventeenth, eighteen hundred and seventy-six, 
be and is hereby vested in the city council of said city instead of 
said board of aldermen. 

[Approved July 19, 1879.] 



404 



Chapters 113, 114. 



[1879. 



CHAPTER 113. 

AN ACT TO AMEND THE CHAKTER OF THE FARMINGTON AND ROCHESTER 

RAILROAD. 



Sect, 

1. Time of completing road extended. 

2. Bepealing clause. 



Sect. 
3. Takes effect, when. 



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



Time of com- 
pleting road ex- 
tended. 



Repealing 
clause. 

Takes effect, 
when. 



Sect. 1. That the act incorporatmg said railroad, approved 
June twenty-sixth, eighteen hundred and seventy-seven, is hereby 
amended so that the time for tlie completion and having in fit 
condition for use of any and every portion of said railroad, shall be 
extended four years from and after the first day of July in the 
year eighteen hundred and eighty. 

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

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

[Approved July 18, 1879.] 



CHAPTER 114. 

AN ACT IN AMENDMENT OF THE CHARTER OF THE CITY OF KEENE. 
Sect. 1. Custody and preservation of check-lists. 

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



Custody and 
preservation of 
check-lists. 



Sect. 1. That section three of the charter of the city of Keene, 
passed at June session, eighteen hundred and seventy-eight, be 
stricken out, and that the following be inserted in its place : " Sect. 
3. The several check-lists, as finally corrected by the supervisors, 
shall be given into the hands of 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, immediately 
upon the closing of the polls, pass said check-list into the hands of 
the supervisor in attendance, who shall within ten days pass the 
same into the hands of the city clerk, to be filed for preservation." 

[Approved July 18, 1879.] 



1879.] 



Chapter 115. 



405 



CHAPTER 115 



AN ACT TO INCORPORATE THE LANCASTER 

COMPANY. 



AND KILKENNY RAILWAY 



1. Corporation constituted. 

2. Line and termini of road. 

3. Limitation as to quantity of land. 

4. Capital stock ; officers. 

5. Tolls ; excess of earnings above ten i)cr cent. 

6. Powers of directors. 



Sect. 

7. Crossing public and private ways. 

S. By-laws and regulations. 

9. Meetings. 

10. Contrat^ts and leases. 

11. Time of constructing limited. 

12. Repealing clause ; takes effect, when. 



Be it enacted hy the Senate and House of Representatives in 

G-eneral Court convened : — 



Sect. 1. That Frank Smith, Henry 0. Kent, Jared I. Wil- corporation con- 
liams, Samuel H. Legro, B. H. Corning, Irving W. Drew, William 
Clough, Josei)h A. Dodge, Warren Daniell, and Samuel N. Bell, 
their associates, successors, and assigns, be and they hereby are 
made a body corporate and politic, by the name and style of " The 
Lancaster and Kilkenny Railway Company," with all the rights 
and privileges, liabilities and duties, by the laws of this state inci- 
dent to railroad corporations, and necessary and proper to carry 
into effect the purposes of this act. 

Sect. 2. The said corporation is hereby authorized and em po w- ^me and termini 

I •' 'of road. 

ered to locate, build, and maintain a railroad, not exceeding six rods 
in width, with necessary additions for cuttings and emljankments, 
from a point on the line of the Boston, Concord, and Montreal and 
White Mountain Railway, near the bridge of said road crossing 
Israel's River, west of the village of Lancaster, via the valley of 
the said Israel's River, the valleys of the Otter Brook and Marden 
or Garland Brook, one or both, or from one of said valleys to the 
other, to the forks of the said Garland Brook, near the base of 
Round Mountain, in the township of Kilkenny, a distance of about 
ten miles, or may construct and maintain au}^ part thereof. 

Sect. 3. Said corporation shall have no more land, exclusive of Limitation as to 
what is within the limits of their road, and necessary for procur- ''^^"^ ' ^ ° 
ing stone, gravel, sand, and other materials, and for machine-shops 
and terminal or depot accommodations, than shall be worth, at the 
time of its purchase, five per cent of its capital stock. 

Sect. 4. The capital stock of said corporation shall not exceed capital stock ; 
the sum of one hundred thousand dollars, to be divided into shares 
of such value as the by-laws may determine ; and the immediate 
government and direction of the affairs of said corporation shall 
be vested in a board of five directors, who shall be chosen by the 
members or stockholders in the manner herein provided, and shall 
hold their ofiices until others shall be duly elected and qualified in 
their stead. And the said directors, a majority of whom shall 
form a quorum for the transaction of business, shall elect one of 
their number who shall be president of the board and of the cor- 
poration. They shall also choose a clerk, who shall be clerk of the 
corporation, and sworn to the faithful performance of the duties of 
his office ; a treasurer, who shall give a bond, with sureties to their 
satisfaction, for the faithful discharge of his trust ; and such other 
11 



ors. 



406 Chapter 115. [1879. 

officers, agents, and servants as they may deem expedient ; fix their 
salaries, and generally shall have and exercise all the powers of the 
corporation for carrying into effect the object and purposes of this 
act. 

ToUs ; excess of Sect. 5. A toll is licrcby granted said corporation on all pas- 

tt^vBTlent^^ sengers and property transported at such rates as may be agreed 
upon by the directors, any average excess of net earnings over ten 
per centum from the commencement of operations to be paid into 
the state treasury, unless otherwise ordered by the legislature. 

Power of direct- Sect. 6. The president aud directors for the time being are 
authorized to fix the amount of capital stock, not exceeding the 
amount limited in this act, and by themselves or their agents to 
exercise all the powers granted to the corporation for the purpose 
of building, maintaining, and operating said road, or any part 
thereof, including the purchase of land, materials, rolling-stock, 
and the transportation of passengers or commodities ; to make 
such assessments on the stock as they may deem proper, and in de- 
fault of payment to sell the defaulting shares at public auction, on 
ten days' notice, at the office of the treasurer ; and to do all things 
necessary and proper to build, equip, maintain, and operate said 
road. 

Crossing public Sect. 7. If Said railroad shall intersect or cross any private 
priva eways. ^^^^ ^^iQ corporatiou shall so construct said railroad as not to ob- 
struct the safe and convenient use of said private way ; and if said 
railroad shall not be so constructed, the owner of said private way 
shall be entitled to his reasonable damages for said injury, recover- 
able by action on the case, commenced within two years from such 
obstruction, and not afterwards ; and if such railroad shall inter- 
sect or cross any public highway, the said railroad shall be so con- 
structed as not to obstruct the safe and convenient use of such 
public highway ; and the said corporation shall have power to raise 
or lower such highway, and if it shall not raise or lower the same, 
so as to be satisfactory to the selectmen of the town wherein it is 
situated, such selectmen may require in writing of such corporation 
such amendment or alteration as they may think proper ; provided^ 
that said railway may run on and through or across Canal, Main, 
and Middle streets, or any necessary part thereof, in said village of 
Lancaster, at grade. In case the requirements of the selectmen 
are not met within a reasonable time, and they are approved by 
the county commissioners in writing, the said selectmen may pro- 
ceed to make such needed alterations at the expense of such cor- 
poration, and may institute and prosecute to final judgment and 
execution an action on the case versus said corporation, and shall 
recover all reasonable damages with costs of suit. And said corpo- 
ration shall maintain its road, bridges, abutments, and embank- 
ments, or trestles, in good and safe condition, or, in default 
thereof, shall be liable, in an action on the case, to any party 
aggrieved. And if it shall be necessary to alter the course of any 
highway where the said railroad may run near the same, or for the 
purpose of avoiding or facilitating the crossing thereof, such high- 
way may be altered, with the approbation of the selectmen of the 
town wherein such alteration is desired. 
By-laws and reg- Sect. 8. Such corporatiou sliall have power to make, ordain, 
and establish all such by-laws, rules, regulations, and ordinances as 



Illations, 



1879.] Chapters 115, 116. 407 

they shall deem expedient and necessary to accomplish the designs 
of this act, provided the same be not repugnant to the constitution 
and laws of this state. 

Sect. 9. The annual meeting of said corporation shall be Meetings, 
holden at such time and place in this state as the corjjoration by 
their by-laws or the directors for the time being shall appoint, at 
which meeting the directors shall be chosen by ballot ; and the 
three first persons named in this act, or any two of them, are 
hereby authorized to call the first meeting of said corporation, at 
which meeting they may transact any business they may deem 
proper, by advertising the same three weeks successively in some 
newspaper printed in Lancaster ; and the directors are authorized 
to call special meetings of the members or stockholders, whenever 
they shall deem it expedient, giving such notice as the corporation 
by their by-laws shall direct. 

Sect. 10. Said corporation is authorized to lease its road to any coutracts and 
other corporation in this state, and said railroads are authorized to ^^'^^^'^' 
make such other contracts in relation to the use and operation of 
said railroad, as to the directors thereof may be deemed expedient, 
to accommodate the business or interests of the same. 

Sect. 11. This act shall be void as to all its parts if the rail- Time of con- ^^ 
road line herein named is not constructed within ten years from ed. 
the passage of this act. 

Sect. 12. The legislature may alter, amend, or repeal this act, Repealing 
whenever in their opinion the public good may require it ; and this eff^t^Vheu. 
act shall take effect and be force from and after its passage. 

[Approved July 18, 1879.] 



CHAPTER 116. 

AN ACT IN AMENDMENT OF THE CHARTER OF THE BRISTOL SAVINGS 
BANK, CHAPTER EIGHTY-FIVE, LAWS OF 1868. 

Sect. 1. Holding real estate regulated. 

Be it enacted hy the Seriate and House of Representatives in 
Geyieral Court convened: — 

Sect. 1. That section three of said chapter be amended by Holding real es- 
inserting in the eighth line of said section, after the word " what- *''*'^ ■■eguiated. 
ever," and before the word " wliich," the following : " which may 
have been heretofore, or may hereafter be, in good faith pledged 
or mortgaged for the security of its loans or debts, or" so that it 
shall read : " And the said corporation shall be further able to 
take, hold, and dispose of any real estate whatever, which may 
have been heretofore, or may hereafter be, in good faith pledged or 
mortgaged for the security of its loans, or debts, or which may be 
bona Jide conveyed to or taken by said corporation in satisfaction or 
discharge of debts, demands, or liabilities, which shall have been 
previously contracted or incurred." 

[Approved July 18, 1879.] 



408 



Chapters 117, 118. 



[1879. 



CHAPTER 117. 

AN ACT ENTITLED AN ACT IN AMENDMENT OF AN ACT IN RELATION 
TO THE CITY OF MANCHESTER. 



Sect. 
1. Salaries of judge and clerk of police court. 



Sect. 
2. Repealing clause ; takes effect, when. 



Be it e7iacted hy the Senate and House of Representatives in 
Greneral Court convened : — 



Salaries of judge 
and clerk of po- 
lice court. 



Repealing 
clause ; takes ef- 
fect, \^en. 



Sect. 1. That section nineteen of chapter one hundred and 
sixty-three of the private acts passed June session, eighteen hun- 
dred and seventy-eight, entitled " An act in relation to the city of 
Manchester," is hereby amended by striking out the words " fifteen 
hundred," in the first and second lines of said section, and insert- 
ing the words " twelve hundred " in place thereof, so that said 
section as amended shall read as follows : " Sect. 19. The salary 
of the justice of said court shall be twelve hundred dollars per 
annum, and the salary of the clerk of 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 be in full for services of every kind rendered by 
them in the discharge of all the duties pertaining to their office." 

Sect. 2. 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 July 19, 1879.] 



CHAPTER 118. 

AN ACT IN RELATION TO THE SCHOOL COMMITTEE OF THE CITY OF 

MANCHESTER. 



Sect. 

1. School committee, how chosen ; tenure of 

office. 

2. Special election. 



Sect. 

3. Government of. 

4. Vacancy by reason of failure to elect. 

5. Repealing clause ; takes effect, when. 



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



School commit- Sect. 1. At cvcry election hereafter held in said city, there 
teuurrof''office"' shall bc clccted from each ward two members of the board of 
school committee, who shall hold their office for the term of two 
years from the first Tuesday of January next following their elec- 
tion. 
Special election. Sect. 2. A spccial meeting of the inhaloitants of each of said 
wards shall be held on the nineteenth day of August, eighteen 
liundred and seventy-nine, said meeting to be called as provided by 
law, for the election of one person from each ward as school com- 



1879.] Chapters 118, 119. 409 

mittee to serve with and in addition to tlie j^-esent school commit- 
tee, and the term of office of the committee so elected shall expire 
at the same time as that of the present committee. 

Sect. 3. Said special election shall be conducted in accordance Government of. 
with the law in force in regard to elections in said city ; provided, 
hcnvever, that at said special election no supervisors shall V)e ap- 
pointed, and tlie polls shall 1)0 opened at ten o'clock in the fore- 
noon and shall close at three o'clock in the afternoon. At said 
special election tlie several check-lists as prepared for the last elec- 
tion may be used, with such corrections and additions as may be 
necessary ; and for the purpose of correcting and revising said lists 
the inspectors shall be in session on the Saturday preceding said 
special election, from two to six o'clock in the afternoon, and from 
eight to twelve in the forenoon of the day of said election. 

Sect. 4. In case any of said wards fail to elect a member of vacancy by^^ea- 
said school committee at said special election, as aforesaid, the city elect, 
council shall fill the vacancy so occasioned in accordance with law. 

Sect. 5. All acts or parts of acts, so far as they provide for the ^,^P^f "f^^^^ ^j. 
election of one member of the school committee from each of the feet ' when, 
wards of said city, are hereby repealed, and this act shall take 
effect upon its passage. 

[Approved July 19, 1879.] 



CHAPTER 119. 

AN ACT TO SEVER FARMS FROM SCHOOL-DISTRICTS NO. 5 AND NO. 6 IN 
THE TOWN OF HAMPSTEAD, AND ANNEX THE SAME TO SCHOOL- 
DISTRICT NO. 7 IN SAID HAMPSTEAD, FOR SCHOOL PURPOSES. 

Sect. | Sect. 

1. Farms transferred from one district to anoth- , 2. Takes effect, when, 
er. 1 

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

Sect. 1. That the land of Lyman Pillsbury, Aldeii E. Pills- Farms trans- 
bury, the heirs of Benjamin L. Pillsbury, and Tappan S. Carter, is ciTstrict\T '*' 
hereby severed from school-districts number five and number six, in ai^o'i^^r. 
the town of Hampstead, and annexed to school-district number 
seven, in said Hampstead, for school purposes. 

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

[Approved July 19, 1879.] 



410 



Chapter 120. 



[1879. 



CHAPTER 120 



AN ACT TO INCORPORATE THE UNITARIAN EDUCATIONAL SOCIETY. 



Sect. 

1. Corporation constituted. 

2. Object. 

3. Name may be changed. 



Sect. 

4. Rules and regulations. 

5. First meeting. 

6. Repealing clause ; takes eifect, when. 



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



Corporation con- 
stituted. 



Object. 



Name may be 
changed. 

Rules and regu- 
lations. 



First meeting. 



Repealing 
clause ; takes ef- 
fect, when. 



Sect. 1. That Samuel C. Bean, Clinton W. Stanley, Heniy 
Powers, Joseph C. A. Hill, Moody Currier, Warren Brown, Daniel 
Clark, Edward Gustine, Alvan W. Sulloway, Lewis Downing, Jr., 
Charles H. Burns, Gust. Walker, Warren F. Daniell, James De- 
Normandie, Alpheus W. Baker, Zimri Wallingford, Benjamin F. 
Prescott, Solon A. Carter, Frank A. McKean, John C. Moulton, 
William D. Cad well, Aubrey W. Pendleton, Person C. Cheney, 
their associates and assigns, be and hereby are made a body cor- 
porate by the name of " The Unitarian Educational Society," and by 
that name may sue and be sued, and prosecute to judgment, and 
have all the powers and privileges and subject to all the liabilities 
incident to corporations of a similar character. 

Sect. 2. Said corporation may establish an institution of learn- 
ing for the instruction of youth in the arts and sciences and all 
useful knowledge ; may hold real and personal property to an 
amount not exceeding fifty thousand dollars ; may take, manage, 
or dispose of all gifts, bequests, or donations, given, bequeathed, 
or bestowed upon the said corporation, in such manner as shall 
be deemed for the best interests of the corporation. 

Sect. 3. Said corporation may, at any meeting duly notified 
and holden, change the corporate name and adopt any other name. 

Sect. 4. Said corporation may, at any meeting duly notified 
and holden, make all rules and regulations for the management of 
the affairs of the corporation. 

Sect. 5. The first meeting of said corporation may be called by 
the first five persons named in this bill, by a notice in writing, stat- 
ing the time and place of the meeting, either personal or by the 
usual manner of mail service, at least ten days prior thereto, upon 
each member of the corporation. 

Sect. 6. The legislature may alter or repeal this bill whenever 
the public good requires. This bill shall take effect on and after 
its passage. 

[Approved July 19, 1879.] 



1879.] Chapter 121. 411 



CHAPTER 121. 

AN ACT TO INCORPORATE THE AMOSKEAG BANK. 

Sect. i Sect. 

1. Corporation constituted. 4. First meeting, etc. 

2. Place of business. 5. Subject to repeal. 

3. Capital stock. { 

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

Sect. 1. Tliat George B. Chandler, Moody Currier, Edsoii Hill, ^ffid.""" "'*°" 
Lucien B. Clough, Henry Chandler, David B. Varney, John B. 
Yarick, Reed P. Silver, George W. Riddle, Henry C. Merrill, Mar- 
tin \. B. Edgerly, Abraham P. Olzendam, Thomas L. Livermore, 
Benjamin C. Dean, and Nathaniel W. Cumner, their associates, 
successors, and assigns, be and they are hereby incorporated and 
made a body corporate by the name of the Amoskeag Bank, and 
shall so continue for the term of twenty years from the first day of 
January which will be in the year eighteen hundred and eighty, 
invested with all the powers, rights, and privileges, and subject to 
all the duties and liabilities, which by the laws of this state are 
incident to corporations for the purpose of banking. 

Sect. 2. The said corporation shall be located and have its Place of busi- 
place of business at Manchester, in the county of Hillsborough. 

Sect. 3. The capital stock of said corporation shall be a sum Capital stock, 
not less than one hundred thousand dollars, and shall be divided 
into such number of shares as the members shall determine. 

Sect. 4. George B. Chandler, Moody Currier, and Lucien B. ^'^f*'^^^*^^' 
Clough, or any two of them, may call the first meeting of said cor- 
poration, by publishing a notice thereof in some one newspaper 
published at said Manchester, three weeks successively, the last 
publication to be prior to the day of holding the same ; and at such 
first or any subsequent legal meeting of said corporation, the cap- 
ital stock may be divided into shares, the amount of payment on 
each and the time of making them, the mode of calling future 
meetings determined, and such rules and regulations, not repugnant 
to the constitution and laws of the state, adopted as may be conven- 
ient and necessary for the government and management of said 
corporation. 

Sect. 5. The legislature may at any time alter, amend, or subject to re- 
repeal this act. 

[Approved July 19, 1879.] 



412 



Chapter 122. 



[1879. 



CHAPTER 12 2. 

AN ACT TO INCORPORATE THE " MERCHANTS' BANK," IN CONCORD, 
STATE OF NEW HAMPSHIRE. 



Sect. 

1. Corporation constituted. 

2. Place of business. 

3. Capital stock. 



Sect. 

4. First meeting, etc. 

5. Subject to repeal. 



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



Corporation con- 
stituted. 



Place of busi- 
ness. 

Capital stock. 



First meeting, 
etc. 



Subject to re- 
peal. 



Sect. 1. That Augustine C. Pierce, William Walker, Joseph 
Wentworth, Thomas Stuart, James W. Johnson, William M. 
Chase, Josiah B. Sanborn, and William P. Thayer, and their asso- 
ciates, successors, and assigns, be and they are hereby incorporated 
and made a body corporate by the name of the Merchants' Bank, 
and shall so continue for the term of twenty years from the first 
day of January which will be in the year eighteen hundred and 
eighty, invested with all the powers, rights, and privileges, and 
subject to all the duties and liabilities, which by the laws of this 
state are incident to corporations for the purpose of banking. 

Sect. 2. The said corporation shall be located and have its 
place of business at Concord, in the county of Merrimack. 

Sect. 3. The capital stock of said corporation shall be a sum 
not less than one hundred thousand dollars, and shall be divided 
into such number of shares as the members shall determine. 

Sect. 4. Augustine C. Pierce and William Walker may call 
the first meeting of said corporation, by publishing a notice thereof 
in some one newspaper published at said Concord, three weeks suc- 
cessively, the last publication to be prior to the day of holding the 
same ; and at such first or any subsequent legal meeting of said cor- 
poration, the capital stock may be divided into shares, the amount 
of payment on each, and the time of making them, the mode of 
calling future meetings determined, and such rules and regulations, 
not repugnant to the constitution and laws of the state, adopted as 
may be convenient and necessary for the government and manage- 
ment of said corporation. 

Sect. 5. The legislature may at any time alter, amend, or 
repeal this act. 

[Approved July 19, 1879.] 



1879.] 



Chapter 123. 



413 



CHAPTER 123 



AN 



ACT TO INCORPORATK THE GUARANTY 

CHESTER. 



SAVINGS HANK AT MAN- 



Sect. 

1. Corporation constituted. 

2. May receive and invest deposits. 

3. Guaranty fund. 

4. Special deposits for guaranty fund. 

5. Membership ; individual liability ; trustees ; 

quorum ; rules and regulations. 



Sect. 

6. Limitation of real estate. 

7. Taxation of special deposits. 

8. First meeting. 

9. Subject to repeal. 
10. T.akes effect, when. 



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

Sect. 1. That Nathan P. Hunt, Robert M. Shirley, William R. ^t'?[P°g'',f' °" '=°°- 
Patten, H. K. Slayton, Alonzo Elliott, James A. Weston, Jesse 
Ganlt, J. W. Hildreth, Horace Pettee, George W. Weeks, James. 
P. Briggs, George A. Bailey, John C. Ray, Patrick A. Devine, 
Rufus H. Pike, and their associates, successors, and assigns, are 
hereby made a body politic and corporate under the name of the 
Guaranty Savings Bank, to be located at Manchester, with all the 
rights and privileges, and subject to all the duties and liabilities, 
except so far as otherwise provided in this charter, which by the 
laws of this state are incident to savings-bank corporations. 

Sect. 2. Said bank may receive deposits of money from any May receive and 
person or persons, on such terms and conditions as may be prescribed »^^e^* ^epo^'t^. 
by it or its trustees, or be agreed to by the parties making the same, 
and may invest, use, and manage the moneys deposited in or be- 
longing to it in such securities and stocks, and in such ways, as 
may be for the convenience and advantage of the bank. 

Sect. 3. For the better protection and security of the general Guaranty fund, 
depositors of the bank, it shall provivde for and have a permanent 
guaranty fund of not less than twenty-five thousand dollars, with 
liberty to increase the same at pleasure to not exceeding two hundred 
thousand dollars. Said fund shall be kept and maintained as a guar- 
anty to the general deposits for the repayment of said deposits, 
according to the terms and conditions thereof, in case of any insuf- 
ficiency of the assets of the bank to pay all of its liabilities ; and 
the general deposits shall have precedence of payment from the 
assets of the bank, before payment from said assets on account of 
said guaranty fund ; and no business in the way of receiving gen- 
eral deposits shall be transacted by the bank unless tlie amount of 
twenty-five thousand dollars shall have been provided for said guar- 
anty fund, nor to a greater amount of general deposits than two 
hundred and fifty thousand dollars unless the amount of fifty thou- 
sand dollars shall have been provided for said fund. And the 
special deposits shall at no time be less than ten per cent of the 
general deposits. 

Sect. 4. Special deposits may be received by the bank to con- special deposits 
stitute the guaranty fund before mentioned, which shall not be funf.*^^*"*^ 
withdrawn except by permission of the bank, nor at any time so as 
reduce said fund below the amount required for the same, as here- 
in before provided. The general deposits shall be entitled to such 

12 



414 



Chapter 123. 



[1879. 



Membership; in' 
dividual liabili- 
ty ; trustees ; 
quorum ; rules 
and regulations. 



Limitation of 
real estate. 



Taxation of spe- 
cial deposits. 



First meeting. 



Subject to re- 



Takes effect, 
when. 



rate of interest from the bank as may be prescribed or agreed to, 
not, however, in any case to exceed the rate of six per cent per an- 
num ; and the special deposits for the guaranty fund shall not be 
entitled to any interest, but instead thereof shall have all the net 
income and profits of the bank above its expenses, the interest due 
to the general deposits as aforesaid, and all losses of the bank. 
And said net income and profits may be divided proportionally 
among said special deposits, at such times and in such ways as the 
bank or its trustees may order ; provided, hotvever, that such divi- 
dends shall be made only when the net resources of the bank above 
its expenses, its liabilities for the general deposits, and the guaranty 
fund aforesaid shall be sufficient to pay the same. 

Sect. 5. The special depositors for the guaranty fund, and 
their assigns, shall by virtue thereof become and be members of 
the corporation, nnd have and exercise all the rights and powers of 
the same, each special depositor being entitled to one vote for each 
one hundred dollars of his said deposit. But no member shall in- 
cur or be subject to ^any individual liability in any case for any debts 
or liabilities of the corporation ; and the management and control 
of the affairs of the corporation shall be vested in a board of not 
less than five nor more than twelve trustees, to be chosen by the 
members of the corporation. A majority of said board, at any 
meeting duly notified, shall constitute a quorum for the transaction 
of business ; and said board shall have the power to make and estab- 
lish such rules and regulations as they may think proper for trans- 
acting and governing the business of the corporation. 

Sect. 6. Said bank may purchase and hold real estate to the 
value, when purchased, of not exceeding forty thousand dollars ; 
and may hold such amount as may at any time be deemed advisa- 
ble, for the security and satisfaction of any debts due to it. 

Sect. 7. The special deposits for the guaranty fund shall, for 
the purpose of taxation, be treated as stock in bank, and each spe- 
cial depositor's share of such special deposits shall be returned by 
the cashier or treasurer to the selectmen or assessors of the towns 
or cities wherein the special depositors reside, if within this state, 
otherwise to the assessors of the city of Manchester. 

Sect. 8. Any two of the six grantees first named may call the 
first meeting of the corporation by notice in writing or print to 
each grantee, or by publication in some newspaper printed at Man- 
chester, at least one week before the day of meeting. 

Sect. 9. The legislature may alter, amend, or repeal this act 
whenever in its opinion the public good shall require. 

Sect. 10. This act shall take effect on its passage. 

[Approved July 19, 1879.] 



1879.] Chapters 124, 125. 415 



CHAPTER 124. 



AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER. 



Sect. 

1, Additions to ward two. 

2. Election of common councilmen. 



Sect. 
3. Takes effect, when. 



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

Sect. 1. That the lands of Henry Paul, David 0. Cate, and Additions to 

W3.rcl two. 

Thomas M. Steele, which, by an act passed at this session of the 
legislature, have been disannexed from Rollinsford and annexed to 
Dover, shall be and the same are hereby made a part of ward two in 
said city. 

Sect. 2. That section live of chapter one hundred and sixty- ^^'"^"oync^ii^^eT 
four, being an act to amend the charter of the city of Dover, 
approved August sixteentli, eighteen hundred and seventy-eight, is 
hereby amended by adding to said section live the following words : 
" And three members of the common council from each ward for 
the term of one year," so that said section shall read, " One alder- 
man 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 terra of two years, and three members of the common council 
from each ward for the term of one year." 

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

[Approved July 18, 1879.] 



when. 



CHAPTER 125. 

AN ACT IN RELATION TO THE MORTGAGE BONDS OF THE NASHUA AND 
ROCHESTER RAILROAD. 



Sect. 

1. New bonds may be issued to take the place of 
old ones. 



Sect. 
2. Takes effect, when. 



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

Sect. 1. The present and future holders of the mortgage bonds New bonds may 
of the Nashua and Rochester Railroad, dated the first day of April, the place S ow^ 
eighteen hundred and seventy-four, and secured by mortgage of o^^^^- 
said railroad, dated February twenty-five, eighteen hundred and 
seventy-four, are hereby authorized to surrender any or all of said 
bonds, and receive in lieu thereof new bonds of the same date and 
to the same amount ; and said mortgage shall be security for said 
new bonds in the same way and manner, and to the same extent, 
as it was for the bonds surrendered ; but nothing in this act shall 



416 



Chapters 125, 126. 



[1879. 



Takes effect, 
when. 



be construed to authorize the said corporation to increase the 
amount of its present mortgage debt. 

Sect. 2. This act shall take effect on and after its passage. 

[Approved July 1, 1879.] 



CHAPTER 126 



AN ACT TO INCORPORATE THE MANCHESTER STEAM-HEATING COMPANY. 



Sect. 

1. Corporation constituted. 

2. Capital stock, etc. 

3. May lay steam -pipes. 



Sect. 

4. First meeting. 

5. Takes effect, when. 



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



Corporation con- 
stituted. 



Capital stock. 



May lay steam- 
pipes. 



First meeting. 



Takes effect, 
when. 



Sect. 1. That Moody Currier, Benjamin F. Martin, Charles E. 
Balch, George B. Chandler, Jesse Gault, Abraham P. Olzendam, 
John B. Varick, Nathaniel W. Cumner, John Q. A. Sargent, and 
George W. Riddle, their associates, successors, and assigns, are 
constituted a body corporate and politic by the name of the 
Manchester Steam-Heating Company, and vested with all the 
powers and privileges, and made subject to all the restrictions and 
liabilities, by law incident to corporations of a similar nature. 

Sect. 2. The said corporation is authorized to hold such real 
and personal estate as may be necessary and proper to enable them 
to carry on the manufacture, sale, and distribution of steam, for the 
purpose of heating, to buildings, public and private, and furnishing 
motive power for the same, in the city of Manchester, and to erect 
such buildings and works and construct such furnaces, boilers, 
pipes, conduits, and other things as may be requisite and proper 
for said purpose ; provided, the whole amount of the capital stock 
of the company shall not exceed one hundred and fifty thousand 
dollars. 

Sect. 3. The said company shall have the right to lay steam- 
pipes in any of the public streets and highways in said Manchester, 
and to relay and repair the same, subject to such regulations as 
may be prescribed by said city of Manchester for the security of 
the public travel and health of said city. 

Sect. 4. The three persons first named in this act, or any two 
of them, may call the first meeting of said corporation by notice 
published in any newspaper printed in said Manchester. 

Sect. 5. This act shall take effect upon its passage. 

[Approved July 11, 1879.] 



1879.] Chapters 127, 128. 417 



CHAPTER 127. 

AN ACT TO AUTHORIZE THE WHITEFIELD AND JEFFERSON RAILROAD 
COMPANY TO INCREASE ITS CAPITAL STOCK. 

Sect. I Sect. 

1. Capital stock may be increased. | 2. Takes effect, when. 

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

Sect. 1. The directors of the Whiteficld and Jefferson Railroad capital stock 

_, ,1 ji-tj. 11 -1 ^ • 1 ^^^y "^ increas- 

Company are hereby authorized to increase the capital stock oi said ed. 
corporation from time to time, as the same may be required to 
construct and equip said railroad, to an amount not exceeding the 
sum of one hundred thousand dollars in addition to the amount 
now authorized by law. 

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

[Approved July 11, 1879.] 



CHAPTER 128. 

AN ACT TO INCORPORATE THE PITTSFIELD BANK, IN PITTSFIELD, STATE 

OF NEW HAMPSHIRE. 



Sect. 

1. Corporation constituted. 

2. Location. 

3. Capital stock. 



Sect. 

4. First meeting, etc. 

5. Subject to repeal. 



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

Sect. 1. That Charles H. Carpenter, Josiah Carpenter, Stephen corporation con- 
Perkins, Thomas H. Thorndike, James W. Batch6lder, John A. '"'"*"^- 
Goss, and their associates, successors, and assigns, be and they are 
hereby incorporated and made a body corporate by the name of the 
Pittslield Bank, and shall so continue for the term of twenty years 
from the first day of January which will be in the year eighteen 
hundred and eighty, invested with all the powers, rights, and 
privileges, and subject to all the liabilities, which by the laws of 
this state are incident to corporations for the purpose of banking. 

Sect. 2. The said corporation shall be located and have its Location, 
place of business at Pittsfield, in the county of Merrimack. 

Sect. 3. The capital stock of said corporation shall be a sum capital stock, 
not less than fifty thousand dollars, and shall be divided into such 
number of shares as the members shall determine. 

Sect. 1. Charles PI. Carpenter and John A. Goss may call the First meeting,' 
first meeting of said corporation, by publishing a notice thereof in 
some one newspaper published at Concord, in the State of New 
Hampshire, three weeks successively, the last publication to be 
prior to the day of holding the same ; and at such first or any sub- 



418 



Subject to re- 
peal. 



Chapters 128, 129. 



[1879. 



sequent legal meeting of said corporation, the capital stock may be 
divided into shares, the amount of payment on each and the time 
of making them, the mode of calling future meetings determined, 
and such rules and regulations, not repugnant to the constitution 
and laws of the state, adopted as may be convenient and necessary 
for the government and management of said corporation. 

S: CT. 5. The legislature may at any time alter, amend, or 
repeal this act. 

[Approved July 19, 1879.] 



CHAPTER 129. 



AN ACT TO INCORPORATE THE KEARSARGE BANK. 



Sect. 

1. Corporation constituted. 

2. Location. 

3. Capital stock. 



Sect. 

4. First meeting. 

5. Repealing clause. 



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



Corporation con- Sect. 1. That Georgc Savory, Ira Harvey, Lewis N. Chase, 

stituted. JqI-^j^ Aiken, Frank G. Wilkins, Timothy Flanders, A. C. Carroll, 

Stephen C. Pattee, and Gilman C George, their associates, succes- 
sors, and assigns, be and they are hereby incorporated and made a 
body corporate by the name of the Kearsarge Bank, and shall so 
continue for the term of twenty years from the first day of January 
which will be in the year eighteen hundred and eighty, invested 
with all the powers, rights, and privileges, and subject to all the 
duties and liabilities, which by the laws of this state are incident 
to corporations for the purpose of banking. 

Location. Sect. 2. Tlic Said corporation shall be located and have its 

place of business at Warner, in the county of Merrimack. 

Capital stock. Sect. 3. The Capital stock of said corporation shall be a sum 

not less than fifty thousand dollars, and shall be divided into such 
number of shares as the members shall determine. 

First meeting. Sect. 4. Gcorgc Savory, Ira Harvey, Lewis N. Chase, John 
Aiken, Frank G. Wilkins, Timothy Flanders, A. C. Carroll, 
Stephen C. Pattee, and Gilman C. George, or any two of them, 
may call the first meeting of said corporation, by publishing a 
notice thereof in some one newspaper published at Concord, in the 
county of Merrimack, three weeks successively, the last publication 
to be prior to the day of holding the same ; and at such first or 
any subsequent legal meeting of said corporation, the capital stock 
may be divided into shares, the amount of payment on each, and 
the time of making them, the mode of calling future meetings 
determined, and such rules and regulations, not repugnant to the 
constitution and laws of the state, adopted as may be convenient 
and necessary for the government and management of said corpora- 
tion. 



1879.] 



Chapters 129, 130, 131, 



419 



Sect. 5. The legislature may at any time alter, anmil, amend. Repealing 
or repeal this act. 

[Approved July 19, 1879.] 



CHAPTER 130. 

AN ACT TO AMEND THE CHARTER OF THE MANCHESTER AND KEENE 
RAILROAD, APPROVED JUNE 24, 1870. 



Sect. 
1. Time of constructing road extended. 



Sect. 
2. Takes effect, when. 



Be it enacted by the Senate and House of Representatives m 
Gfeneral Court convened : — 

Sect. 1. That the time limited in and by the act approved Time of con- 
June twenty-four, one thousand eight hundred and seventy, for the L'tended.'^" 
construction of the Manchester and Keene Railroad, be and hereby 
is extended to the first day of December, one thousand eight 
hundred and eighty-five. And the provisions of the act approved 
July sixteen, one thousand eight hundred and sixty-four, shall be 
in force as to all parts of said railroad which shall be completed 
on or before December first, one thousand eight hundred and 
eighty-five. 

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

[Approved July 19, 1879.] 



CHAPTER 131 



AN ACT TO INCORPORATE THE NEW HAMPSHIRE BANKING COMPANY. 



Sect. 

1. Corporation constituted. 

2. May receive and invest deposits. 

3. Guaranty fund. 

4. Special and general depositors ; dividends to 

be regulated. 

5. Membership ; individual liability ; manage- 

ment. 



Sect. 

6. Limitation of real estate. 

7. Taxation of special deposits. 

8. First meeting. 

9. Subject to repeal. 
10. Takes effect, when. 



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



Sect. 1. That George W. Davis, Edward E. Parker, Hiram T. ^j'^JPt^^''^"*"^ •=°''' 
Morrill, Henry A. Marsh, Charles H. Campbell, Solomon A. Davis, 
A. H. Dunlap, Charles Holman, R. A. Maxfield, and Charles 
Hardy, and their associates, successors, and assigns, are hereby 
made a body politic and corporate under the name of The New 
Hampshire Banking Company, to be located at Nashua, with all 
the rights and privileges, and subject to all the duties and liabili- 



420 



Chapter 131. 



[1879. 



May receive and 
invest deposits. 



Guaranty fund. 



Special and gen- 
eral depositors ; 
dividends to be 
regulated. 



Membership ; in- 
dividual liabili- 
ty ; manage- 
ment. 



ties, except so far as otherwise provided in this charter, which by 
the laws of this state are incident to savings-bank corporations. 

Sect. 2. Said bank may receive deposits of money from any 
person or persons, on such terms and conditions as may be pre- 
scribed by it or its trustees, or be agreed to by the parties making 
the same, and may invest and manage the moneys deposited in or 
belonging to it in such securities and stocks, and in sucli ways, as 
may be for the convenience and advantage of the bank, subject, 
however, to the provisions of the existing laws of the state in rela- 
tion to savings banks. 

Sect. 3. For the better protection and security of the general 
depositors of the bank, it shall provide for and have a permanent 
guaranty fund of not less than twenty-five thousand dollars, with 
liberty to increase the same at pleasure to not exceeding two 
hundred thousand dollars. Said fund shall be kept and maintained 
as a guaranty to the general deposits for the repayment of said de- 
posits, according to the terms and conditions thereof, in case of 
any insufficiency of the assets of the bank to pay all of its liabili- 
ties ; and the general deposits shall have precedence of payment 
from the assets of the bank before payment from said assets on ac- 
count of said guaranty fund ; and no business in the way of 
receiving general deposits shall be transacted by the bank unless 
the amount of twenty-five thousand dollars shall then have been 
provided for said guaranty fund ; nor to a greater amount of gen- 
eral deposits than five hundred thousand dollars, unless the amount 
of one hundred thousand dollars shall then have been provided for 
said fund. The special deposits shall at no time be less than ten 
per cent of the general deposits. 

Sect. 4. Special deposits may be received by the bank to con- 
stitute the guaranty fund before mentioned, which shall not be 
withdrawn except by the permission of the bank, nor at any time 
so as to reduce said fund below the amount required for the same 
as herein before provided. The general deposits shall be entitled 
to such rate of interest from the bank as may be prescribed or 
agreed to, not, however, in any case to exceed the rate of six per 
cent per annum ; and the special deposits for the guaranty fund 
shall not be entitled to any interest, but instead thereof shall have 
all the net income and profits of the bank abo^-e its expenses, the 
interest due to the general deposits as afoi'esaid, and all losses of 
the bank. And said net income and profits may be divided pro- 
portionally among said special deposits, at such times and in such 
ways as the bank or its trustees may order ; provided., howevei\ 
that such dividends shall be made only when the net resources of 
the bank above its expenses, its liabilities for the general deposits, 
and the guaranty fund aforesaid, shall be sufficient to pay the 
same. 

Sect. 5. The special depositors for the guaranty fund and their 
assigns shall, by virtue thereof, become and be members of the 
corporation, and have and exercise all the rights and powers of the 
same, — each special depositor being entitled to one vote for each 
one hundred dollars of his said deposit. But no member shall 
incur or be subject to any individual liability, in any case, for any 
debts or liabilities of the corporation ; and the management and con- 
trol of the affairs of the corporation shall be vested in a board of 



1879.] Chapter 131. 421 

not less than five nor more than ten trustees, to be chosen by the 
members of the corporation. A majority of said board, at any meet- 
ing duly notified, shall constitute a quorum for the transaction of 
business ; and said board shall have the power to make and establish 
such rules and regulations as they may think proper for the trans- 
acting and governing the business of the corporation. 

Sect. 6. Said bank may purchase and hold real estate to the i''«?'*»t'ono* 
value, when purchased, of not exceeding twenty-five thousand dol- 
lars ; and may hold such amounts as may at any time be deemed 
advisable, for the security and satisfaction of any dues to it. _^ . 

Sect. 7. The special deposits for the guaranty fund shall, for Taxation of sre- 
the purpose of taxation, be treated as stock in lanks, and each 
special depositor's share of such special deposits shall be returned by 
the cashier or treasurer to the selectmen or assessors of the towns or 
cities wherein the special depositors reside, if within this state, 
otherwise to the assessors of the city of Nashua. 

Sect. 8. Any three of the five grantees first named may call ^■'"^•^ '"'^^*'"^- 
the first meeting of the corporation, by notice in writing to each 
grantee, or by one publication in some newspaper printed at 
Nashua, at least one week before the day of meeting. 

Sect. 9. The legislature may alter, amend, or repeal this act, Subject to re- 
whenever in their opinion the public good shall require. 

Sect. 10. This act to take effect upon its passage. whcD^^^^''*' 

[Approved July 19, 1879.] 

13 



STATE OF NEW HAMPSHIRE. 



Office of Secretary of State, 
Concord, August 25, 1879. 

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. 



APPENDIX. 



OPINION OF THE SUPREME COURT ON THE LAW 
AUTHORIZING TOWNS TO EXEMPT MANUFACTUR- 
ING PROPERTY FROM TAXATION. 



To the House of Representatives : — 

The undersigned respectfully comply with your resolution 
requesting our opinion on the question, whether the law authoriz- 
ing towns to exempt manufacturing property from taxation is a 
violation of the bill of rights. 

" Towns may by vote exempt from taxation, for a term not 
exceeding ten years, any establishment therein, or proposed to be 
erected or put in operation therein, and the capital used in oper- 
ating the same, for the manufacture of fabrics of cotton, wool, 
wood, iron, or any other material ; and such vote shall be a con- 
tract binding for the term specified therein." — General Laws, 
chap. 53, sect. 10. 

The title of the original act (Laws 1860, chap. 2,361) was " An 
act to encourage manufactures." The general purpose of the law 
was to increase employments, means of support and profit, home 
markets, business, and po])ulation, by the extension of manufac- 
turing industry, upon which the general prosperity of the state is 
so largely dependent. Another purpose was to increase the future 
revenues of the state, the counties, and the towns, by inducing 
home capital to remain, and foreign capital to come, for permanent 
investment here, subject to taxation after the expiration of the 
temporary exemption. For similar purposes, similar encourage- 
ment is given to certain agricultural improvements, and the build- 
ing of railroads. General Laws, chap. 53, sect. 4 ; chap. 62, sect. 
1. The exemption in each case is limited to ten years. A perpet- 
ual alienation of the whole power of taxation would be the destruc- 
tion of government ; and the dangerous tendency of legislation sus- 
pending any part of that power, for any future period, is manifest. 
But we are not aware that these laws, encouraging the extension 
of agriculture, manufactures, and railways, have, thus far, prac- 
tically impaired the efficiency of the government, or that the public 
has not received the benefits to which it was entitled, and which 
the legislature sought to gain by the promise of exemption. 

By the offer and promise to exempt from taxation such property 
as the owner shall, in a new investment, devote to a business of 



424 Appendix. 

public utility, and by an acceptance of that offer, and a new invest- 
ment of money according to its terms, an agreement is made that 
contains every element of a contract binding upon both parties, if 
they are capable of making it. There are parties, mutual assent, 
consideration, and performance of the contract on one side. The 
supreme court of the United States held it to be a valid contract, 
protected by the constitution of the United States, — a contract, 
the obligations of which the state cannot impair. Its validity was 
understood not to be an open question. By the stipulation that 
"• such vote shall be a contract binding for the term specified there- 
in," the state held out the decisions of the highest judicial tribunal, 
as a ground on which the promise of the state could be safely relied 
upon. By that stipulation, the state said to owners of money, " In 
addition to such faith as our word is entitled to, we invite you to 
put your trust in a binding contract, the constitutional inviolability 
of whicli has been settled by the court whose judgment is final and 
conclusive. If you doubt our honor, you can confide in the 
national guaranty." 

Having thus briefly stated the situation of the parties under the 
contracts of ten-years' exemption heretofore made, and shown that 
the question of the performance of those contracts by the govern- 
ment involves a question of common honesty, we may not be justi- 
fied in considering the expediency or the legality of a breach of 
faith, and a repudiation of the solemn obligations which the gov- 
ernment understandingly proposed and fairly entered into. When 
the nature of this case is understood, no legal advice can be neces- 
sary for the guidance of the party whose promise remains, in whole 
or in part, to be performed. 

But the credit of a trustworthy people, indispensable to the 
strength of the state in war or peace, ought not to be weaivcned by 
any groundless distrust of the legal validity of public contracts. 
The constitution of New Hampshire makes it the duty of the legis- 
lators and magistrates to inculcate and constantly adhere to hon- 
esty and justice as virtues necessary to preserve the blessings of lib- 
erty and good government. Constitution, part i., article 88 ; part 
II.. article 83. As magistrates, sharing that duty with the legisla- 
ture, we are not prepared to hold that it would not be illegally vio- 
lated by allowing the state or any of its municipal agencies to be 
guilty of the fraud and tyranny of breaking such contracts of ten- 
years' exemption as have been made with manufacturers, railroads, 
and farmers. 

But, if the true construction of the state constitution did not 
authorize the making of those contracts, they are binding never- 
theless. Laws authorizing such conti'acts for ten years were passed 
in the last century, soon after the date of the constitution, and we 
are not aware that their constitutionality was questioned by the 
generation that made and adopted the constitution. And, not- 
withstanding what was said by the court (in 4 N. H. 565, and in 
Brewster v. Hough, 10 N. H. 138, 147), the construction established 
• wlien tlie present contracts were made, — the construction acqui- 
esced in, always acted upon, and never decided to be erroneous, — 
was, that such contracts are constitutional. So fully and so uni- 
versally has this been understood, that the public declaration in the 
act of 1860, setting forth thel)inding nature of tliese contracts, was 



Appendix. 425 

repeated by the legislature in 1867, in 1871, and in 1878. General 
Statutes, chap. 49, sect. 9 ; Laws 1871, chap. 25 ; General Laws, 
chap. 53, sect. 10. Contracts, valid by the well-settled, practical 
construction of the constitution when they were made, cannot l)e 
invalidated l)y an amendment of the constitution (Dodge v. Wool- 
sey, 18 How. 331, 360; J. \l. Bank v. Skelley, 1 Black 436, 449, 
450 ; P. R. Co. v. Maguire, 20 Wall. 36), or by a judicial change 
of construction. Rowan v. Runnels, 5 How. 134, l39 ; 0. L. I. <fe 
T. Co. V. Debolt, 16 How. 416, 431, 432 ; Pease v. Peck, 18 How. 
595, 599 ; Gelpcke v. Dulmque, 1 Wall. 175, 206 ; Havemeyer 
V. Iowa Countv, 3 Wall. 294, 303 ; Chicago v. Sheldon, 9 Wall. 
50, 55, 56; Olcott v. Supervisors, 16 Wall. 678, 690. Should 
it be now decided that the true construction of the constitution 
does not authorize these ten-years' exemption contracts, the 
decision could have no retrospective effect : no such contracts here- 
after made would be binding ; but those heretofore made, under a 
different construction, would remain in force. Upon these princi- 
ples of integrity and fair dealing the government was founded. 

Whether the true construction of the constitution authorizes the 
making of ten-years' tax-exemption contracts, is a question on 
which, we conceive, the house cannot need our opinion. So long 
as the existing laws remain unrepealed, and the constitutional con- 
struction heretofore adopted remains unchanged, contracts hereaf- 
ter made under those laws and that construction will be valid. If 
the legislature, for any reason, wish to prevent the making of any 
more such contracts, their object can be accomplished by a repeal 
of the laws authorizing them. As coiitracts made before the repeal 
could not be affected by the repeal, and as the power of making 
future contracts under those laws would Ije taken away by the 
repeal, we see no contingency in which the house can desire our 
opinion on the question whether a new construction of the consti- 
tution should be introduced. And the proper investigation of that 
question would require so much time, that a well-considered answer 
could not probably be given at the present session. On the point 
which we have undertaken to decide, having duly deliberated, and 
carefully examined the authorities of other jurisdictions, we enter- 
tain no doubt. 

C. DOE, 

WM. L. FOSTER, 
C. W. STANLEY. 
GEO. A. BINGHAM, 
W. H. H. ALLEN. 
ISAAC W. SMITH, 
LEWIS W. CLARK. 
July 10, 1879. 



INDEX. 



INDEX 



PUBLIC ACTS AND RESOLUTIONS, 

PASSED JUNE SESSION, 1879. 



Acts done under chapter 219 legalized . 

Adjutant-general's department, appropriation for 

Adjutant-general, salary increased 

Albany, tax abated ..... 

Aldric'h, H. H., claim of . 

Alexandria, doings of selectmen legalized 

Amendments in civil cases 

Annual invoice, in relation to 

Animals, diseased, penalty for exposing 

Apportionment of state tax . 

Appropriation for State Normal School 
for deaf mutes, blind, etc. 
for contingent expenses of governor 
to pay claims of individuals . 374, 376, 385, 386, 

for care and preservation of old records 

for Prisoners' Aid Association 

for repair of arsenal at Portsmouth 

for state library .... 

for state-prison library . 

for adjutant-general's department . 

for heating apparatus for state-house 

for repairing roads at White Mountain Notch 

for repairing roads in Lincoln 

for repairing roads in Randolph 

for repairing roads in Coos County 

for building an arsenal in Concord 

for salary of chaplain to state-prison 

for expenses of trustees of normal school 

for reform school 

for engrossing clerk .... 
for new state-prison ... 
Arsenal in Portsmouth, appropriation to repair . 
Arsenal in Concord, appropriation to build • 
Asylum for insane, price of board ..... 
Attachments may be released, when and how 
Attachments, may be made without order of court 
Attached property, relating to 



Baker, A. W., claim of 
Ballots to be preserved 



. 370 

. 377 

. 344 

. 345 

. 385 

343 

. 832 

. 361 

. 344 

. 345 

. 360 

. 373 

. 373 

387, 389, 390, 

392 

. 374 

. 375 

. 376 

. 377 

. 377 

. 377 

, 378 

. 379 

. 379 

. 380 

. 380 

. 386 

. 388 

. 388 

. 381 

. 388 

. 391 

. 376 

. 386 

. 389 

. 371 

. 370 
342, 371 



885 
372 



14 



430 



Index. 



[1871K 



Bank commissioners, mileage of 

Banks, savings, in relation to 

Bark, measurers of may be chosen 

Barrett, Wm. E., claim of 

Bartlett, G. H., claim of . 

Barton, Levi, claim of . 

Bass, striped, may be taken . 

Bastard children, maintenance of . 

Beet, sugar, to encourage growing of 

Beneficiaries of state, appropriation for 

Bethlehem, doings of collector legalized 

Billiard-tables, relating to license of 

Birds may be taken, when 

Bonds of executors and trustees under a will 

Boscawen, police officers in district No. 7 

Bounty on foxes repealed 

Bristol, doings of selectmen and assessors le, 

Brown, Geo. H., claim of 

Brown, L. B., claim of . 

Burglary, how punished . 



alized 



Campbell and Hanscom, claim of . 

Canney, A. W., claim of 

Carter, Solon A., claim of 

Carroll County Bank, tax remitted 

Carroll County, in regard to aflfairs of 

Carroll, doings of selectmen legalized 

Caswell, Wm. A., claim of . 

Centennial exhibition, in relation to closing up 

Certificates of election of representatives, how returned 

Challenges of jurors, by the state . 

Chamberlain, John, claim of . 

Chaplain to state-prison, salary of . 

Check-lists, hearings for correction of 

Check-lists to be used at all elections 

Children, act relating to employment of 

Children, destitute and abused, protected 

Church property taxable 

Civil cases, amendments in . 

Claims of citizens against other states, may be assigned 

Clarke, John B., claim of 

Clerks of court to attend law terms 

Clerk at sale of non-resident land, fees not allowed 

Commissioners may be appointed in foreign countries 

Concord, police officers in ward one 

Coos County, times for holding supreme court changed 

Corporations, minority representation in 

County, not chargeable as trustee . 

County commissioner, when to meet with board of equalization 

County officers, tenure of office 

County paupers, in relation to support of 

Cummings, C. E., claim of . . . 

Cumulative voting in corporations 



Danville, proceedings of legalized . 
Democratic Publishing Co., claim of 
Dickey, Geo. A., claim of 
Dover, line changed 



Executors under a will, relating to bond 



Farr, John, claim of . . . 
Faulkner, F. A., claim of heirs 
Fertilizers, sale of regulated . 
Fire-districts may sprinkle streets . 
Fish, in relation to catching salmon 
Fish, in relation to bass and smelts 



to this state 



370 
331 
332 
387 
387 
387 
341 
330 
.341 
373 
343 
342 
337 
363 
333 
334 
367 
389 
390 
371 

392 
390 
385 
375 
383 
343 
387 
383 
368 
371 
374 
388 
368 
368 
340 
335 
363 
332 
357 
892 
333 
369 
368 
333 
334 
365 
371 
369 
329 
336 
387 
365 



. 343 

390, 392 

. 387 

. 338 



363 

889 
390 
353 
370 
358 
341 



1879.] 



Index. 



431 



Foster, John, claim of . 

Fountain in state-house yard, to be moved 

Foxes, bounty on repealed 

Fraud by false pretenses, relating to 

Freights, charges for on railroads regulated 



Gardner, "Wm. H., claim of . 
General Laws, sections of repealed 
General Laws, verbal correction . 
General Laws of 1878, supersedence, etc. 
Gorham, state tax abated 



Hammond, I. W., claims of . 

Hammond and Ayers, claim of 

Hardy, A. C, claim of . 

Haverliill, proceedings of legalized 

Hayes, Lyman, claim of ... 

Haynes, M. A., claim of . . . 

Health officers, to remove matter liable to become 

Highways, repairs of 

Highways, settlement of damage in laying out 
Hillsborough County, times and places of holding 
Hillsborough County, salary of judge of probate 
Homesteads, exemption of ... . 
Hull, Samuel H., claim of ... . 
Husband, relating to right in estate of deceased wife 

Incidental expenses of governor provided for 
Insane, asylum for, price of board .... 
Insurance, contracts of regulated .... 
Inventories, blank, furnished by secretary of state 
Invoice, annual, act in relation to . 
Invoice-books, to be furnished by secretary of state 



putrid 



probate courts 



Jackson, Andrew, claim of 

Jenkins, F. S., claim of 

Journal of senate and house, relating to . . . 

number to be published . 
Justices of supreme court, may not sit at law term, when 

Keene, proceedings of assessors and collectors legalized 
Keneson, R. S., claim of ...... 



Lee, doings of selectmen legalized 
Lien, lumbermen's . . . 
License, for sale of fei'tilizers 

for sale of lightning-rods 

for billiard-tables 

for sale of trees, shrubs, and patent-rights 

peddler's, certain persons exempt 
Lightning-rods, sale of regulated . 
Lobsters, protection of . 
Londonderry, proceedings of annual meeting legalized 



389 
378 
334 
351 
366 

387 
369 
370 
372 
378 



385, 392 

. 386 

. 387 

. 343 

. 387 

. 390 

. 370 

. 355 

. 309 

. 355 

. 356 

. 338 

. 387 

. 354 



373 

389 
336 
369 
361 
368 

385 
387 
339 
368 
372 

362 
390 



. 843 

. 370 

. 353 

. 352 

. 342 

. 359 

. 370 

. 352 
331,341 

. 330 



Manufacturing corporations may not employ children under ten years 

old 340 

Married women, rights of 370 

Measurers of bark may be chosen 332 

Mechanics' Savings Bank, tax remitted 382 

Meloon, J. A., claim of 392 

Minors, discrimination against repealed 369 

Moore, O. C, claim of 392 

Morrill and Silsby, claim of 392 

Names changed • . . . . 392, 393 

Newcastle, tax abated 345 



432 



Index. 



[1879. 



N. H. N. G., concerning enlistments in 
NewsiDapers to publish laws . 
Non-resident land, fees not allowed to clerk at sale 
Normal school, trustees and appropriation 

appropriation to pay trustees 
Notes, copies of, may be filed in vacation 
Noyes, R. T., claim of . 



Pamphlet laws, number to be published 
Parker, H. W., claim of ... 

Parker, Charles H., claim of . 
Parker, Carmi M., claim of . 
Partnerships may be renewed, when 
Patent-rights, sale of regulated 
Paupers, county, in relation to support of 
Peddler's license, certain persons exemj^t 
Perkins, George A., claim of . 
Personal injuries, actions for . 
Petroleum, in relation to inspection of . 

in relation to puritj' of 
Pigeon-shooting, act to suppress 
Pittsburg, doings of selectmen legalized 
Portraits, thanks for .... 
Prisoners' Aid Association, appropriation for 
Prisoners, may communicate with governor 
Probate courts, times and places of holding 

salary of judge, Hillsborough 
Public health protected .... 



County 



Eailroads, freight charges regulated 

Rand, D. H., claim of . 

Reform school, appropriation for . 

Reports to legislature, number to be published 

Representatives, certificates of election to be sent 

Republican Press Association, claim of . 

Richmond, proceedings of legalized 

Rolfe, Henry P., claim of ... . 

Rolfe, Fred F., claim of 

Rollinsford, town line changed 
Rye, relating to Gosport district 



Sale of attached property, court may order . 

Salmon, time of taking 

Sanders, Calvin, claim of ... . 

, Sargent, J. E., claiiPv of 

Savings banks, act in relation to . ... 
Schools, relating to literary fund . 
School-districts, women may hold office in . 
School-district meetings, relative to 
School-meetings, oath may be administered by clerk 
School-meetings, qualification of voters in 
School-teacher, how examined in certain cases 
Sheriffs and count}'^ officers, tenure of office . 
Shooting-matches, act to suppress . 
Sinclair, Frank B., claim of . 
Smelts, may be taken ..... 
State-hou-e. appropriation for heating apparatus 

library, appropriation for 

prison, appropriation for enlarging yard 
relating to prisonei's 
library, appropriation for 

tax, amount to be raised 

treasurer, may borrow money 

normal school, trustees and appropriation 
Stevens and Dunklee, claim of . . . 
Stewartstown, proceedings of annual meeting legalized 
Stokes, John K., claim of 



of 



340 
368 
369 
360 
388 
362 
389 

368 
385 
390 
392 
337 
359 
336 
37U 
387 
353 
370 
370 
364 
343 
382 
375 
391 
355 
356 
370 



to secretary of 



'. 366 

. 387 

. 381 

. 368 

state. 368 
392, 390 

. 343 

. 390 

. 387 

. 338 

. 364 



871 

358 

387 

387 

331 

365 • 

370 

372 

309 

370- 

372 

.329 

364 

887 

341 

378 

377 

391 

891 

377 

343 

381 

360 

386 

362 

387 



1879.] 



Index. 



433 



Sugai' beet, to encourage growing of 
Supervisors of check-lists, law relating to amended 
Supreme court, Amherst tei'm abolished . . . . 
times of holding at Nashua and Manchester 
when justices may not sit . 
Coos County, times of holding changed 

Taxable property, annual invoice of ... , 
Taxes, resident, notice in newspapers of sale of real estate in 

of, not required 

Telegraph companies, wliere to keep offices . 
Trees, shrubs, and patent-rights, sale of regulated 

Trout, time of taking 

Trustees, relating to service of writs upon 
Trustees under a will, relating to bond . 

Underbill, John, claim of 

Vessels, sea-going, how rated for taxation 
Veteran soldiers may enlist in iN". H. iN". G., when 
Village fire-districts, may sprinkle streets 
Vogier Brothers, claim of 

Washington, proceedings of legalized . 

Wiggiu, Josiah B., claim of ..... 

Wiggin, J. F., claim of 

Wife, relating to right in estate of deceased husband 
Wild animals, bounty on foxes repealed 
Winuipesaukee Lake Company, commissioners' claims 

Woodman, C. W., claim of 

Writs upon trustees, service of ... . 



colle 



ction 



341 
368 
357 
367 
372 
334 

361 

309 
850 
359 
358 
339 
363 

387 

368 
340 
370 
385 

343 
376 
387 
354 
334 
389 
390 
339 



INDEX 

TO 

PRIVATE ACTS AND RESOLUTIONS, 

PASSED JUNE SESSION, 1879. 



Amory Manufacturing Company incorporated 

Amoskeag Bank incorporated 

Apthorp Reservoir Company incorporated 



Banks incorporated, Amoskeag 

Guaranty Savings 
Kearsarge 
Merchants' 
New Hampshire 
Pittsfield 
B., C. and M. Railroad, charter amended 
Bristol Savings Bank, charier amended 



Carter, T. S., homestead changed for school purposes 
Charters amended, B., C. and M. Railroad 
Bristol Savings Bank 
city of Dover . 
ciiy of Keene . 
city of Manchester . 
Concord and Rochester Railroad 
Crystal Springs Water Company 
Elliot Bridge Company . 
Farmington and Rochester Railroad 
Manchester and Keene Railroad 
N. H. Missionary Society 
Whitefield and Jefterson Railroad 
(Joncord and Rochester Railroad, charter amended 
Crystal Springs Water Company, charter amended 

Dover, city of, charter amended .... 

Elliot Bridge Company, charter amended 

Farmington and Rochester Railroad, charter amended 

Good Templars, Grand Lodge of, incorporated 

Hampstead, homesteads changed for school purposes 

Kearsarge Bank incorporated .... 
Keene, city of, charter amended .... 



. 395 

. 411 

. 398 

. 411 

. 413 

. 418 

. 412 

. 419 

. 417 

. 402 

. 407 

. 409 

. 402 

. 407 
403, 415 

. 404 

. 408 

. 401 

. 895 

. 403 

. 404 

. 419 

. 397 

. 417 

. 401 

. 895 

403, 415 

. 403 

. 404 

. 402 

. 409 

. 418 

. 404 



Lancaster and Kilkenny Railroad incorporated 



405 



1879.] 



Index. 



435 



Manchester, city of, charter amended . 
Manchester and Keene Raih'oad, charter amended 
Manchester Steam-IIeatiug Company incorporated 
Merchants' Bank incorporated .... 
Morrison Lodge, F. and A. Masons, incorporated 

Nashua and Rochester Railroad, relating to bonds 
New Hampshire Banking Company incorporated 
N. H. Missionary Society, name changed 

Odd Fellows' Building Association incorporated . 



Pillsbury, Lyman, Alden E., and Benj. 
school purposes . . . . 
Pittsfield Bank incorporated . 



L., homesteads changed for 



Railroads, Worcester and Nashua . 

Boston, Concord, and Montreal 
Concord and Rochester . 
Farmingtou and Rochester . 
Lancaster and Kilkenny 
Manchester and Keene 
Nashua and Rochester . 
Whitefield and Jefierson 

Salisbury, homestead changed for school purposes 
Savings Bank, Guaranty, of Manchester, incorporated 
Sawyer, I. N., homestead changed for school purposes 

Unitarian Educational Society incorporated . 

"Whitefield and Jefierson Railroad, charter amended 
Worcester and Nashua Railroad may mortgage road 



408 
419 
416 
412 
396 

415 

419 
397 

400 



409 
417 

397 
402 
401 
404 
405 
419 
415 
417 

401 
413 

401 

410 

417 
397 



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