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

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DURHAM 

Library Association* 

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Accession No. "^C) \b 



Lj^^V^^S 



OF THE 



STATE OF NEW HAMPSHIRE, 



PASSED JUNE SESSION, 1885. 




MAIvTCHESTEK, T^. H.: 

JOHN B . CLARKE, PUBLIC PRINTER 

18 8 5. 



STATE OFFICERS. 



MOODY CURRIER, Governor. 

AI B. THOMPSON, Secrefmv/ of Stofc. 

ISAAC W. HAMMOOT), Bcjmfi/ Secretary of Sfnte, ami Editor 

of State Papers. 
SOLOK A. CARTER, State 7Wasurer. 
JOHN B. CLARKE, Fnl>lir Printer. 
CHESTER PHvE, President ef the Senate. 
FRANK D. CURRIER, Clerk of the Senate. 
EDGAR ALDRICH, Speaker of the House. 
EDWIN F. JONES, Clerk of the House. 
AUGUSTUS D. AYIA^G, Adjutant-Geneml. 
FRANK S. DODGE, Warden of State Prison. 
OLIVER PILLSBURY, Insurance Commissioner. 
JAMES W. PATTERSON, Superintendent of PalMc Instruction. 
CHARLES A. DOLE, Secretary of Board of Equalization. 
JAMES 0. ADAMS, Secretary of Board of Arpiculture. 
IRVING A. WA'^^O^, Secretary of Board of Health. 
WILLIAM H. KIMBALL, State Librarian. 



SUPREME COURT. 



CHARLES DOE, Chief Justice. 

WILLIAM H. 11. ALLEN, ^ 

ISAAC W. SMITH, 

LEWIS W. CLARK, , ■ , r r 

ISAAC N. BLODGETT, ' '^'''''''' '^"''''''' 

ALONZO P. CARPENTER, 

GEORGE A. BINGHAM, 

MASON W. TAPPAN, Attorney- Genercd. 

WILLIAM S. LADD, Law Reporter, 



r 



goit, 



L A^VS 



STATE OF NEW HAMPSHIRE, 



PASSED JUNE SESSION, 1885. 



CHAPTER 1. 

AN ACT AUTHORIZING THE PRINTING OF THE TABULATED RETURNS OF 
THE VOTE ON CONSTITUTIONAL AMENDMENTS. 



Section 
1. Tabulated votes on proposed consti- 
tutional amendments to be printed. 



Section 
2. How distributed. 



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

Section 1. The secretary of state is authorized and directed Tabulated votes 

. . . '^ . , . , -I °^ proposed 

to procure the printing m convenient torin ot one thousand constitutional 
copies of the official tabulated returns of the votes cast in each b^prinTed". * 
city and town of this state, on the proposed amendments to the 
constitution that were submitted to the people by the convention 
holden in December, 1876, together with the iiroclamation of 
the governor announcing what amendments had been adopted 
and what rejected. 

Sect. 2. The secretary of state shall distribute the tables when Howdistiib- 
printed as follows : One copy to the governor and each member 
of the council ; one copy to each member of the legislature ; one 
copy to each state officer ; one copy to each public lil^rary in tlie 
state; ten copies to the New Ilampsliire Historical Society ; ten 
copies to the New Hampshire Antiquarian Society ; and the 



228 



CiiArTEKS 1, 2, 3. 



[1885 



ivmaiiKliT sliall l)i' i-laced in Xhv State Library, to hv disposed of 
ill such wav as the trustees thereof may direet. 
[Approved July 9, 1885.] 



CHAPTER 2 



AN ACT PROVIDINU FOR A REPORT OF THE NUMBER AND CAUSES OF 

DIVORCES. 



Section 

1. Clerks of court to report ilivorceb. 

2. Returns to bo published. 



Section 

3. KepeiiliiiH: clause. 

4. Takes eirect, when. 



£e it enacted by the Senate and House of Representatlfes in General 
Court convened : 



Clerk8 of court 
to report di- 
vorces. 



Returns to be 
published. 



Repealing 
clause. 



Takes effect, 
when. 



Section 1. That the clerks of the supreme court shall, at the 
close of each term in their respective counties at which divorces 
are granted, make return to the registrar of vital statistics of 
the number of divorces decreed at that term, the causes thereof, 
the sex of the libellant, and the date of the decree. 

Sect. 2. That it shall be the duty of the registrar of vital 
statistics to consolidate said returns, and publish them with his 
report of births, marriages, and deaths. 

Sect. 3. That chapter 12 of the Session Laws of 1881 be and 
hereby is repealed. 

Sect. 4. That this act shall take effect on its passage. 

[Approved July 9, 1885.] 



CHAPTER 3 



AN ACT REPEALING SECTION 9 OF CHAPTER 17C OF TUE GENERAL LAWS, 
AND CHAPTER 38 OF THE LAWS OF 1881, RELATIVE TO PROHIBITING 
FISHING BY TOWNS AND CITIES. 



Skction 
1. I^aws repealed. 



Section 
2. Takes effect, when. 



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



i>aws repealed. Section 1. That sectlou 9 of chaptcr 17G of the General Laws, 
and chapter 38 of th(! laws of 1881, authorizing towns and cities 
to ])rohibit tisliiug for a period not exceeding three years, are 
liereby rcpcalcM!. 

Skct. 2. 'JMiis act shall take effect ui»()n its ])as8age. 

[Api-rovcd July 9, 1885.] 



Takes effect, 
when. 



1885.] Chapters 4, 5, G. 229 



CHAPTEE 4. 

AN ACT REPEALING CHAPTER 44 OF PAMPHLET LAWS OF 1879, REGULAT- 
ING THE " SALE OF TREES, SHRUBS, AND PATENT RIGHTS." 

Section I Section 

1. Law repealed. I 2. Takes effect, when. 

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

Section 1. Chapter 44 of Pamphlet Laws of 1879, regulating Law repealed. 
the sale of trees, shrubs, and patent rights, is hereby repealed. 

Sect. 2. This act shall take eflt'ect on its passage. "^^^^ effect, 

[Approved July 10, 1885.] 



CHAPTER 5. 

AN ACT RELATING TO THE SALARY OF THE SOLICITOR OF THE COUNTY 

OF ROCKINGHAM. 

Section I Section 

1. Salary $600. I 2. Takes effect, when. 

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

Section 1. The annual salary of the solicitor of the count}^ of saiary $coo. 
Rockingham shall, hereafter, be six hundred dollars, payable at 
the same time and subject to the same conditions as now provided 
by law. 

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

[Approved July 10, 1885.] 



CHAPTER 6 



an act to expedite the closing UP OF insolvent banks, and IN 

AMENDMENT OF CHAPTER 166, GENERAL LAWS. 



Section 
1. Uncalled-for dividends to be paid into 
state treasury. 



Section 

2. How disposed of. 

3. Takes effect, when. 



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

Section 1. At the expiration of one year from the final decree J^"yendg\°obe 
or order of court distributiuij; the assets of an incori)orated bank pa'<i into state 

•^ '■ treasury. 



230 



ClIAPTEllS 0, 7. 



[188,- 



aiiioiii;- tlu' stockliolders or dcj^ositors, as provided by section 17, 
eliapter 166 of the (leneral Laws, the assignee shall make report 
to the court or some jnstice of the supreme court of the names, 
residence, so far as known, and amount of all dividends uncalled 
for, and the court or justice shall thereupon order the same paid 
into the state treasury, and a copy of such report to be delivered 
to the state treasurer. The recei})t of the state treasurer to the 
assignee shall l)e a full discharge to the assignee for said divi- 
dends. 
How.iisposedof. Sect. 2. It shall be the duty of the state treasurer to keep in 
a l)ook provided for that purpose a record of all such dividends 
so paid to him, with the names of the stockholders or depositors 
to whom the same belong, their residence, so far as known, and 
the amount of the same ; and he shall pay the same, less one per 
cent for his services, to the stockholders or depositors to whom 
the same belong, or to their legal representatives when called for, 
without interest. All dividends uncalled for at the end of five 
years from the time they are paid into the state treasury, shall 
escheat to the state. 

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

[Approved July 10, 1885.] 



Takes effect, 
when. 



CHAPTER 7. 



AN ACT IN AMENDMENT OF SECTION 1, CHAPTER 290 OF THE GEN- 
ERAL hAWS, IN RELATION TO FEES AND COSTS. 



Skction 

1. Fees of justices of tlie peace 
creased in certain cases. 



Fees of justices 
of the peace in- 
creased ill cer- 
tain cases. 



Takes effect, 
when. 



SECTION 

2. Takes effect, wben. 



Be it enacted by the Senate and House of Bepresentaiwes in General 
Court conrened : 

Section 1. That section 1, chapter 290 of the General Laws be 
and hereljy is amended by adding after the words " one dollar " 
at the end of the twenty-second Hue in said section, the words 
" proijidrd, Jtoverer, that in case said trial shall occupy the time 
of said justice for a in 11 day or more, he shall be allowed the sum 
of two dollars ])er day, for the time so occupied." 

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

[Approved .Iiilv 16, 1885.] 



1885.] 



Chapters 8, 9. 



231 



CHAPTER 8 



AN ACT ABOLISHINU THE POLICE COURT OF THE TOWN OF HAMPTON. 



Section 
1. Police court abolished. 



Section 
2. Takes etl'ect, wlieii. 



Be it enacted hy the Senate and House of Representatires in Genend 
Court convened : 

Section 1. Tliat the police court of the town of Hampton is Police comt 

i-,,,.^-, ^ abolished. 

hereby abohshed. 

Sect. 2. This act shall take effect upon its passao^e. Takes effect, 

[Approved July 17, 1885.] 



CHAPTER 9 



an act in amendment of section 16 OF CHAPTER 224 OF THE 
GENERAL LAWS, RELATING TO ATTACHMENTS. 



Section 
1. Copy of writ to be left witldn twenty- 
four hours after attachment. 



Section 
2. Takes eflfect, when. 



Be it enacted hy the Senate and House of Bejyresentatives in Genercd 
Court convened : 

Section 1. That section 16 of chapter 224 of the General Laws copy of writ to 
be amended by inserting after the word " may " and before tlie twenty-fou"" 
word " leave," in the iitth line of said section, the words " within [Xue."':'' '"' 
twenty-four hours thereafter," so that said section shall read : 
" The othcer attaching grain unthreshed, hay, potatoes, leaf 
tobacco, lumber, bark, wood, or other fuel, bricks, stone, lime, 
gypsum, ore, manufacturing or other machinery, or hides in the 
process of tanning, or any building situate on land not belonging 
to the owner of the building, may, within twenty-four hours 
thereafter, leave an attested copy of the writ and of his return of 
such attachment thereon, as in the attachment of real estate; and 
in such case the attachment shall not l)e dissolved or defeated 
by any neglect of the officer to retain actual possession of the 
property." 

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

[Approved July 17, 1885.] 



232 



Chapter 10. 



[1885. 



CHAPTER 10. 

AN ACT TO I'ROIIIBIT THE SALE AND CIRCULATION OF IMPURE AND 
CORRUPTING LITERATURE. 



Section 

1. Penalty for iml)li>liing or sclliiifj im- 

pure litonitiire. 

2. For employing minor cliilil lor that 

purpose. 



Skction 

3. For permittin^f minor cliiUl to be 

employed for Unit purpose. 

4. Takes ett'ect, when. 



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



Peiiiilty for pub- 
lisliiiig or sell- 
ing impure 
literature. 



For employing 
minor eliiU for 
that purpose. 



For permitting 
minor child to 
bo employed for 
that purpose. 



Takes effect, 
when. 



Section 1. It" any person shall knowino-ly print, publish, sell, 
lend, give, or show to any other person any book, pamphlet, 
magazine, newspaper, or any other printed paper, devoted to the 
publication or illustration of" stories of bloodshed, lust, or crime, 
or priiici] tally nuide up of police reports and criminal news; or 
circulates, displays, or posts, or causes to be circulated, displayed, 
or posted, an}- picture, handbill, or poster advertising any such 
book, pamphlet, magazine, or printed paper, or giving informa- 
tion where any such literature may be found, he shall be fined 
not less than twenty-five dollars nor more tlian one hundred 
dollars, or imprisoned not exceeding six months, or both. 

Sect. 2. If any person shall in any manner hire, employ, or 
use any minor child to sell or give away, or in any manner to 
distribute any such reading matter, or any such advertisement, 
he shall be fined not less than twenty-five dollars or imprisoned 
not exceeding six months, or both. 

Sect. 3. If any person having the care, custody, or control of 
any minor child shall knowingly permit such child to sell or 
give away any such reading matter or any such advertisement, 
he shall be fined not less than twenty-five dollars, or imprisoned 
not exceeding six months, or both. 

Sect. 4. This act shall take eft'ect from its passage. 

[Approved July 23, 1885.] 



1885.] 



Chapters 11, 12. 



233 



CHAPTER 11. 

AN ACT RELATING TO THE SURVIVAL OF ACTIONS AND CAUSES OF 

ACTIONS. 



Section 
1. Actions and their causes survive 
death of parties. 



Section 
2. Repealing clause. 



Be it enacted by the Senate and House of Bepresentatives in General 
Court con vened : 

Section 1. N^o action, or cause of action, shall be lost by the Actions and 
death of either party, but the same shall survive for and against v^veVeTth o/'" 
the personal representatives of the deceased. parties. 

Sect. 2. All acts and parts of acts inconsistent with the pro- Repealing 
visions of this act are herebv repealed. *''^"'"'' 

[Approved July 23, 1885'.] 



CHAPTER 12. 

an act to provide for the publication of a record of new 
hampshire soldiers and sailors in the war of the rebellion. 



Section 

1. Military record of soldiers and sailors 

to be prepared and published. 

2. Number and distribution. 



Section 

3. $1,200 annually for two years, appro- 

priated. 

4. Takes elfect, when. 



Be it enacted by the Soutte and- House of Representatices in General 
Court convened : 



Section 1. The adjutant-general shall, as soon as practicable Military record 
after the passage of this act, under the direction of the governor saiioi-s'tTbT*^ 
and council, prepare and luiblish a record of all soldiers and prepared and 

•1 1 \ • 1 niT^iiT • 1 .published. 

sailors who served in the war of the Rebellion Iroin the state o± 
New Hampshire, such record to contain the name, residence, date 
of enlistment, to Avhat city or town assigned, date of muster in, 
rank, promotions, wounds received, date of discharge, muster 
out, or death, date and place of death since discharge, or present 
residence, and such other facts as shall make the same, as far as 
practicable, a complete and concise military record of each sol- 
dier or sailor so serving ; and for this purpose the adjutant-gen- 
eral is authorized to employ such clerical assistance as may be 
necessary. 

Sect. 2. Two thousand copies of said record shall be printed Number and 

Ti • iT-l Ti^n ^ /-\ distribution. 

by the state printer and distributed as lollows, namely : One copy 
to each city and town in the state, one copy to each public library 
in the state, one copy to each post of the Grand Army of the 
Republic in the state, fifty copies to the Kew Hampshire Histor- 



234 



Chapters 12, 13, 14. 



[1885. 



$1,200 annually 
for two years, 
appropriated. 



Takes effect, 
when. 



ical Society, aiul the remainder to l)e placed in tlie custody of the 
trustees of the State Library, wlio are hereby autliorized to ex- 
change the same for simihir publications by other states, and to 
dispose of the same at cost of paper, printing, and binding. 

Sect. 3. For the purpose of carrying into effect the provisions 
of this act, a sum not exceeding twelve hundred dollars is hereby 
appropriated annually for two years, cimimencing September 1, 
1885, to be expended umler the direction of the governor and 
council, and the governor is hereby authorized to draw his war- 
rant on the state treasurer for the said amount. 

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

[Approved July 23, 1885.] 



CHAPTER 13 



AN ACT TO EXPEDITE THE TRIAL OF PROBATE APPEALS. 



Section 
1. Appeals to be taken to trial terras of 
supreme court. 



Section 
2. Repealing clause; takes elFect, when. 



Be it eiiavted hij tltc Senate and House of Representatives in General 
Court convened : 

faken^tou-iai Section 1. Probatc appeals and applications therefor shall be 

terms of supreme takcu to aiul eutcred at the trial terms of the supreme court. 
Repealing Sect. 2. All acts aiid }»arts of acts inconsistent herewith are 

ciause;takes licrcbv iviiealed, aud this act shall take effect ui)on its |)assa<::e. 

effect, when. r- ' ^ -, ^ \ ^ ^^ -. ^ ^ ' 

[Ap[.roved July 23, 1885.] 



CHAPTER 14 



AN ACT TO RENDER MORE EFFICIENT THE HEALTH LAWS OF THE STATE. 



Section 

1. Duties of selectmen in iii>iK)intinent 

of liealtli officers. 

2. State board of iKraltli may make 

rules and regulations for local 
boards. 



Section 
:!. Local boards to rc'port to stati; board. 

4. Uejiealing clause. 

5. Takes etlet't, wiien. 



Be it enacted h)/ the Senate and House of Represenlatires in General 
Court convened : 



Putiesof sf-iect- SECTION 1. Tlic sclcctmen of any town that has neo-lected to 

men in .ippnitit- . i i i /t» /«• • i i i 

ment of health clcct a hcaltli omcAiV or officcrs niay a|»point one or more liealth 

o icers. officers for said town as in the judgment of the selectmen may 

be necessary ; but if no iiealth officer or officers shall have been 



1885.] Chapters 14, 15. 235 

elected or appointed, it shall, upon the petition of ten or more 
legal voters, he the duty of the selectmen to appoint one or more 
health otJicers, as in their judgment may he necessary. 

Sect. 2. The state hoard of health may make, in addition to state board of 
the rules and regulations of local health otficers, such other rules mTke^ruiYs and 
and regulations, or may make such amendments to existing rules [ocai boarUs!""^ 
and regulations as in the judgment of the hoard the pul)lic good 
may demand, and such rules and regulations shall he enforced hy 
the health officers in the same manner as other health regula- 
tions. 

Sect. 3. Health officers or local hoards of health shall fur- Local boards to 
nisli the state l)oard of health with such information as may he board. °'**® 
called for from time to time concerning the work of such health 
officers or local hoards of health, and a copy of all rules and 
regulations issued h}' such health officers or local hoards of health 
shall he forwarded to the state board of health when issued. 

Sect. 4. All acts and parts of acts inconsistent with the pro- Repealing 
visions of this act are herehy repealed. '''''"^''" 

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

[Approved July 23, 1885.] 



CHAPTER 15. 

AN ACT IN AMENDMENT OF SECTION 7 OF CHAPTER 170 OF THE GENERAL 
LAWS, RELATING TO THE BONDS OF TREASURERS OF SAVINGS BANKS. 

Section ■ section 

1. Penal sum of bond limited. | 2. Takes effect, when. 

Be it eiiacted hy the Senate and House of Beprcseidatkes in General 
Court conveivd: 

Section 1. Section 7 of chapter 170 of the General Laws ispenaisumof 
herehy amended by adding at the close the words : " Pyor/V/r./, ^°"'' "'"'*'=''• 
however, that no l>oud shall ever be required in a larger penal 
sum than one hundred thousand dollars." 

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

[Approved July 23, 1885.] 



236 



CUAPTEKS 10, 17. 



[1885. 



CJI AFTER 1 6. 

AN ACT TU L1;<;AL1/.E Till-: town MKKTINCS JlELl) IN HAN1)U]>1'11 FUR 

1883 AND 1884. 



Skotion 
1. Proceedings (if town nieetinjis lejial- 
izctl. 



Section 
2. Tiikes eltcct, wlieii. 



Be it enacted Iv/ the Senate an<l House o/ Repvesentatires in General 
Court ronrened : 



ProceeJiiiKS of 
town meetings 
legalized. 



Tiikes effect, 
wlien. 



Shction 1. That the town ineetiiig-s liold in the town of Kan- 
(loll)li for the years 1880 and 1884, and all votes passed by said 
ineetinp;s calU'd for by the wan-ants, are ]ierel)v ratified, eonfirnied, 
and legalized. 

Sect. 2. This act shall take etteet npon its passage. 

[Approved Jnly 28, 1885.] 



C II A 1? T E W 17. 

AN ACT TO AUTHORIZE THE REPRINTINO Till'] LAWS AND ACTS 
OF T1[E PROVINCE OF NEW JIAMPSIIIRE FROM 1C!)(J TO 1725, 



Skction 

1. Old laws to be rei)iil)lislied. 

2. How di.spo.sed of. 



Si;CTION 

3. Takes i?tfect, when. 



Be it enacted (>y the Senate and House of Represeidatires in General 
Court convened: 



^qmbiiri.^i.^''' Section 1. That tlie secretary of state is authorized to have 
]»rintcd three liundred copies of the volume entitled " Acts and 
Laws of the Province of jSTew Hampshire " from 1696 to 1725, 
pul)lished in 1726. 

H..wdi8p.o8edof. Sect. 2, Said books may be sold at cost under the direction of 
the trustees of the State Library, or excliange<l with other public 
libraries as in the discretion of said trustees shall be deemed 
proper, and thirty copies may lie given to the New Hampshire 
Historical Society. 

Sect. ?>. This act shall take effect u}ion its passage. 
[Approved July 23, 1885.] 



Takes elTcct, 
when. 



1885.] Chapter 18. 237 



CHAPTER 18. 

AN ACT AUTHORIZINO THE PRINTING AND DISTRIBUTION OF THE 
INDEX TO THE LAAVS. 

Section I Section 



1. Secretary to order 800 copies to be 

printed. 

2. How distribiUed. 



3. How to be labeled. 

4. Takes ettect, when. 



Be it enacted by the Senate and House of Representai'wes in General 
Court convened : 

Section 1. The secretary of state is autliorized and directed ^^.^^f'JJfo'copies 
to issue an order to the pnblic printer to print and bind eight to be printed, 
hundred copies of the index to the laws of the state that has been 
prepared in his office, under the act approved September 11, 
1883. 

Sect. 2. The volumes of the printed index shall be distributed "°^/"'^'""'' 
as follows : To the governor ; to each member of the council, 
Senate, and House ; to the secretary, treasurer, adjutant- 
general, superintendent of public instruction, insurance com- 
missioner, secretary of the board of health, secretary of the 
board of agriculture, railroad commissioners, superintendent 
of the asylum for the insane, warden of the state prison, 
superintendent of the industrial school, principal of normal 
school, each register of probate, each register of deeds, the 
attorney-general and each county solicitor, for the use of their re- 
spective offices ; to each of the clerks of the Senate and House ; to 
each of the justices of the supreme court, and to each clerk of 
said court for the use of the court ; to the clerk of the supreme 
court of the United States for the use of said court ; to the clerks 
of the circuit and district courts of the United States for the dis- 
trict of l^ew Hampshire for the use of said courts ; to each town 
and city in the state ; to the New Hampshire Historical Society ; 
to the New Hampshire Antiquarian Society; to the New England 
Historic Genealogical Society ; to the Social Law Library of Bos- 
ton, Massachusetts ; to each state and territory of the United 
States ; to the Congressional Library ; and to the library of Dart- 
mouth College, — one copy each. 

Sect. 3. The secretary of state shall insert in eaeli volume dis- How to be 
tributed a label by him signed and dated, and stating that the '*^^'«^- 
same is presented by the state, to whom, and for what use. 

Sect. 4. This act shall take effect upon its passage. Takes ettect, 

[Approved July 23, 1885.] "'""• 



238 



Chaptees 19, 20. 



[1885. 



CHAPTER 19. 

AN ACT IN AMENDMENT OF CHAPTER 212, GENERAL LAWS, IN RELA- 
TION TO THE BONDS OF CLERKS OF COURTS. 



Section 
1. Bonds to be lodged, when. 



Section 
2. Takes ettect, when. 



Bonds to be 
lodged, when. 



Takes effect, 
when. 



Be it niactal hi/ (he Senate mid House of liepresciitafivcs in General 
Court conveneel. : 

Section 1. Tlic Londs of tlie clerks of tlie supreme court shall 
be lodged with and ke})t l)y the secretary of state. 
Sect. 2. This act shall take effect on its passage. 
[Approved July 23, 1885.] 



CHAPTER 20. 



AN 



ACT RELATING TO COSTS IN CIVIL ACTIONS SENT FOR TRIAL 
FROM ONE COUNTY TO ANOTHER. 



Section L When court orders change of venne, expenses of trial to be paid by county 
wherein cause of action arose. 

Be it enacted Inj the Senate and House of Beprescidatives in General 
Court convened : 



When court Section 1. Whcuever any civil action, iiending in any county 

venue, expenses in tliis statc, IS, l)y tlic sui)renie court, ordered to l)e tried in any 

of trial to be ,1 . ^ ^ v • • 

paid by county otlicr couiity, or wliencvcr a change ot venue is m any case or- 
a'c'tfJn'arose.""'^ ^^ered, tlic couiity from which the action is sent shall reimburse 
the county where the action is tried, for tlie amount chargeable 
to said county and paid by them for the travel and attendance of 
jurors, drawn or impaneled for the trial of such case, the fees 
of sheriffs and messengers in attendance during such trial, and 
the charges allowed any stenographer paid by said county for 
services u}»on such trial, such costs and fees to be taxed by the 
justice presiding at the trial, and the clerk shall enter judgment 
and issue execution therefor. 
[Approved July 29, 1885.] 



1885.] Chapters 21, 22. 239 



CHAPTER 21. 

AN ACT RELATING TO THE REPORTS OF COUNTY OFFICERS, AND PRO- 
VIDING FOR THE PUBLICATION OF THE PROCEEDINGS OF COUNTY 
CONVENTIONS. 

Section 1. Proceedings of county conventions to be published. 

Be it enacted hy the Senate and House of Bepresentat'wes in General 
Court convened : 

Section 1. It shall be the duty of the county commissioners of Proceedings of 
each county to publish attested copies of the proceedings of the uoM^t'o'^be put- 
count}^ convention, with the printed reports of the county officers ^''^^'^" 
for the year in which such proceedings shall have occurred. 

[Approved July 29, 1885.] 



CHAPTER 22. 

an act for the protection of PERSONS ENGAGED IN THE LOB- 
STER FISHERY. 

Section 1. Penalty for unlawfully removing lobster traps. 

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

Section 1. That whoever takes, or attempts to take up, or in penalty for un- 
any way knowingly and willfully interferes with any lobster trap, jn^obs^tertl^'apl' 
while set for use within this state, and in the season in which it is 
lawful to prosecute the lol)ster iishery, without the autliority of 
the owner thereof, shall be punished by a fine of not less than 
twenty nor more than fifty dollars, to be recovered by indictment 
or an action of debt, one half to the complainant and one half to 
the county where such proceedings are commenced ; provided, 
however, that no action or indictment shall be maintained under 
this act unless the name or the initials of the owner of such trap 
or traps shall be carved, painted, or branded in legible letters, not 
less than three fourths of an inch in length, on all the buoys con- 
nected with such traps. 

[Approved July 29, 1885.] 

17 



240 



Chapters 23, 24. 



[1885. 



CHAPTER 23. 

AX ACT TO PROVIDE FOR ANY DEFICIENCY IN THE INCOME OF THE 

STATE PRISON. 



Section 
1. Governor may draw warrant on the 
treasury. 



Section 
•2. Takes effect, when. 



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



drTw'^^a^auf n Section 1. That ill case the income of the state prison should 
the treasury. at any timc prior to the first Wednesday of June, 1887, be insuf- 
ficient to meet the current expenses, the governor is hereby 
authorized to draw his ^^'arrant on the treasury, from time to time, 
to provide for such deficiency out of any moneys in the treasury 
not otherwise appropriated. 

Sect. 2. This act shall be in force from and after its passage. 
[Approved July 29, 1885.] 



Takes effect 
when. 



CHAPTER 24 



AN ACT IN RELATION TO THE NEW HAMPSHIRE STATE PRISON. 



Section 
1. $800 annually for chaplain. 



Section 
2. Takes effect, when. 



Be it enacted by the Senate and House of Eej^resentativcs in General 
Court convened : 



SSOO annually 
for chaplain. 



Takes effect, 
when. 



Section 1. That the sum of eight hundred dollars, annually, 
for the ensuing two years, be and hereby is appropriated for the 
payment of the salary of the chaplain of the state prison. 

Sect. 2. This act shall be in force from and after its passage. 

[Approved July 29, 1885.] 



1885.] Chapters 25, 26. 241 



CHAPTER 25. 

AN ACT IN AMENDMENT OF SECTION 3 OF CHAPTER 53 OF THE GEN- 
ERAL LAWS, RELATING TO THE TAXATION OF MINING PROPERTY. 

Section i Section 

1. Mica mines taxable as real estate. I 2. Takes etTect, when. 

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



Section 1. Section 3, chapter 53 of the General Laws, is Mica mines tax- 

^ able as 

estate. 



herehy amended as folloAvs : Insert hetween the word " tin " ^^'^ ''"^^^ 
and the w^ord " or " in the sixth Hne of said section the word 
" mica," so that the section as amended shall read as follows : 
" Section 3. Buildings, mills, carding machines, factory build- 
ings and machinery, wharves, ferries, toll bridges, locks and 
canals, and aqueducts, any portion of the water of which is sold 
or rented for pay, are taxable as real estate ; and the real estate 
of mining companies, or of persons owning or discovering mines 
of gold, silver, lead, copper, iron, tin, mica, or zinc, shall be 
appraised and taxed at its value, independently of the existence of 
said mines, until such time as the proprietor or proprietors of said 
mines or mining companies are able, out of the profits of the 
business, to declare dividends." 

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

[Approved August 5, 1885.] '''''"• 



CHAPTER 26. 

AN ACT IN AMENDMENT OF CHAPTER 52 OF THE GENERAL LAWS, AND 
PROVIDING FOR ELECTION OF CONSTABLES IN UNINCORPORATED 
PLACES. 

Section l. Powers of unincorporated places enlarged. 

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

Section 1. That chapter 52 of the General Laws be amended Powers of umn- 
by inserting after the word " assessors " in the fourth line of section pKs'^enilrged. 
1 the word " constables," so that said chapter 52 shall read as fol- 
lows : " Section 1. All places, not incorporated as towns, which 
shall be required to pay any public tax, are invested with the 
powders of towns relating to the choice of moderator and clerk, 
supervisors, selectmen, assessors, constables, and collectors; and 
all the provisions of law applicable to towns and town officers are 
extended to such places and their officers so far as they relate to 
meetings for the choice of such officers, and to their election, 



242 



Chapters 26, 27. 



[1885. 



powers, duties, and liabilities, and so far as they relate to public 
liiglnvays, the assessment and collection of public taxes, and the 
perambulation of the lines of such places." 
[Approved August 5, 1885.] 



CHAPTER 27. 

AN ACT IN AMENDMENT OF CHAPTER 228 OF THE GENERAL LAWS, RELAT- 
ING TO TAKING THE DEPOSITIONS OF PARTIES. 

Section' 1. Taking, filing, and using depositions in civil actions. 

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



Taking, filing 
and using depo- 
sitions in civil 
actions. 



Section 1. That section 13 of chapter 228 of the General 
Laws be amended liy inserting at the close of said section the 
following words, viz. : "But whenever the deposition of the op- 
posite party shall have been taken, it shall be put on file with the 
clerk of the court where the action in which it was taken is pend- 
ing, within ten days from the conclusion of the taking thereof 
by the magistrate taking the same ; and either party may use 
such deposition upon the trial of the cause in which it was taken, 
and if the party whose deposition has thus been taken shall use 
the same upon said trial, his rights as a witness on his own behalf 
shall not thereby be aifected. No such deposition shall be taken 
after the expiration of the time limited by rule of court for the 
taking of depositions to be used on the trial of the cause," so 
that said section as thus amended shall read : " No person shall be 
excused or excluded from testifying or giving his deposition in 
any civil cause by reason of his interest therein as a party or 
otherwise, but whenever the deposition of the opposite party shall 
have been taken it shall be put on file with the clerk of the court 
where the action in which it was taken is pending, within ten 
days from the conclusion of the taking thereof by the magistrate 
taking the same ; and either party may use such deposition upon 
the tnal of the cause in which it was taken, and if the party 
whose deposition has thus been taken shall use the same upon 
said trial, his rights as a witness on his own behalf shall not 
thereby be aifected, No such deposition shall be taken after the 
expiration of the time limited l)y rule of court for the taking of 
depositions to be used on the trial of the cause." 

[Approved August 5, 1885.] 



1885.] Chapter 28. 243 



CHAPTER 28. 

AN ACT IN RELATION TO THE NEW HAMPSHIRE NATIONAL GUARD, 
AMENDING SECTION 1, CHAPTER 96, AND SECTION 25, CHAPTER 97, 
GENERAL LAWS. 

Section i Section 

1. One company of cavalry. ■ 5. Enrollment, when, how, and to whom 

2. StaflFof brigade commanderincrcased. 1 to be made. 



3. Duty and compensation of inspector 

of rifle practice ; paj' of non-com- 
missioned staff. 

4. Fines. 



6. Commander-in-chief to issue neces- 

sary orders. 

7. Repealing clause; takes elfect, when. 



Be it enacted bi/ the Senate and House of Bepreseniedives in General 
Court conrened : 

Section 1. The cavalry force of the ISTew Hamitshire aSrational onecompany of 

^ •/ 1 cavalry. 

Guard shall consist of one company. 

Sect. 2. There shall be in addition to the present statf of the staff of brigade 
brigade commander an inspector of ritle practice with the rank gr^^^"*^"'"' 
of major; and a non-commissioned statf consisting of a sergeant, 
major, a quartermaster-sergeant, and a hospital steward, who shall 
be regularly enlisted. 

Sect. 3. It shall he the duty of the inspector of rifle practice to Duty and com- 
inspect each company in the Ijrigade at its armory, at least once specTor°of°ri'fle 
durino;each year, upon the order of the brio-ade commander, with practice; pay of 

~ •{ 'I, . . .~ 1 T ^^ • -I non-commis- 

reterence to its proticiency m rine practice, and shall give such sioned staff, 
instruction as shall insure uniform system of practice in con- 
formity to the usages and practice of the regular service. The 
inspection shall be made at such time as the companies meet for 
drills, and no pay shall be allowed the officers or enlisted men of 
a company for appearing at such inspection. There shall be Allowance for 
allowed to each company a reasonable sum each year for the pur- ^arTnages!^ 
chase of cartridges, re-loading tools, and targets ; and such allow- 
ance and the amount of same to each company shall be contin- 
gent upon the interest shown and the progress made by the com- 
pany. The inspector of rifle practice shall, on or before the first 
da}' of May in each year, report the result of his inspection to 
the brigade commander, who shall, within the next ten days 
thereafter, forward such report to the adjutant-general. The in- 
spector of rifle practice shall receive for his services the sum of 
three dollars per day for the time actually and necessarily 
employed in making his inspection and all necessary expenses 
incurred ; j^rorided, hou-erer, that such compensation for pay and 
expenses shall not exceed three hundred dollars per annum. 
There shall be paid for attendance and performance of duty to Pay of non-com- 
all non-commissioned staft' officers when in cam}» or specially ™'^"°"'='' ^taft. 
ordered out by the commander-in-cliief, the sum of one dollar 
and fifty cents per day. 

Sect 4. All fines collected of any ofiicer, non-commissioned ^'"^8. 
officer, musician or private of any troop, platoon, battery, or 
company, shall be covered into the treasury of the troop, platoon, 



244 



Chapters 28, 29. 



[188^ 



battery, or compaii}' to wliich he may belong, for the benefit 
thereof. 
Enrollment, Sect. 5. The names of all male citizens of this state between 

tl.whom'to'bT the ages of eighteen and forty-five shall, when ordered by the 
made. govemor, be enrolled alphabetically by the selectmen of the 

towns and places and assessors of the cities in which they respect- 
ively reside. On such enrollment lists and opposite the name of 
every person exempt from military duty, or a minor, or in the 
active militia, the selectmen and assessors shall write " exempt " 
and the reason of such exemption, or "minor" or "active 
militia," as the case may be. Said lists shall contain the whole 
number enrolled in their respective towns and cities, and the 
number exempt on said rolls. They shall subscribe and make 
oath to said lists that to the best of their knowledge and belief 
they are true. They shall file said lists in the offices of the 
respective town or city clerks within twenty days after they are 
notified by the secretary of state to make and prepare the same ; 
and said town or city clerks shall forward to the adjutant-general, 
within ten days after said lists are filed as aforesaid, a certified 
copy of said roll, and copy the same into an enrollment book kept 
Ijy them for that purpose. 

Sect. 6. The governor is hereby authorized and empowered 
to issue such orders for the purpose of carrying into effect the 
provisions of this act as may be necessary. 

Sect. 7. 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 Augusi: .5, 1885.] 



Commander-in 
chief to issue 
necessary 
orders. 

Repealing 
clause ; takes 
effect, when. 



CHAPTER 2 9. 

A'S ACT REPEALING CHAPTER 87 OF THE PAMPHLET LAWS OF 1883, 
ESTABLISHING A BOUNTY ON WOODCHUCKS. 



Section 
1. Law repealed. 



Sectiox 
2. Takes effect, when. 



Be it enacted by the Senate and House of Representatires in Geneml 
Court convened : 



Law repealed. 



Takes effect, 
when. 



Section 1. Chapter 87 of the Pamphlet Laws of 1883, estab- 
lishing a bounty on woodchucks, is hereby repealed. 
Sect. 2. This act shall take effect upon its passage. 
[Approved August 11, 1885.] 



1885.] 



Chapter 30. 



245 



CHAPTER 30. 

AN ACT PROVIDING THAT ALL LIENS RESERVED ON PERSONAL PROP- 
ERTY SOLD CONDITIONALLY AND PASSING INTO THE HANDS OF THE 
PURCHASER SHALL BE EVIDENCED IN WRITING AND RECORDED. 



Section 

1. Lien invalid, unless sale in writing 

and recorded. 

2. Oath of vendor and vendee. 



Section 

3. AVlien copartners and corporations 

are parties. 

4. Town clerk's fee. 

5. Takes effect, when. 



Be it enacted hi/ the Senate ami House of Represcniatives in General 
Court convened : 



Section 1. ISTo lien reserved on personal property sold condi- Lien invalid, un- 
tionally and passing into the hands of the conditional purchaser wriunVand 
shall be valid against attaching creditors or subsequent purchasers '^'=°'''^'^'i- 
without notice, unless the vendor of such property takes a written 
memorandum, signed by the purchaser, witnessing such lien, and 
the sum due thereon, and causes it to be recorded in the town 
clerk's office of the town where the purchaser of such property 
resides, if he resides in the state, otherwise in the town clerk's 
office of the town where the vendor resides, within ten days after 
such property is delivered. 

Sect. 2. Each vendor and purchaser shall make and subscribe oath of vendor 
an affidavit in substance as follows : " AYe severally swear that ^""'^ ^'^ndee. 
the foregoing memorandum is made for the purpose of witnessing 
the lien and the sum due thereon, as specified in said memoran- 
dum, and for no other purpose whatever, and that said lien and 
the sum due thereon were not created for the purpose of enabling 
the purchaser to execute said memorandum, but said lien is a just 
lien, and the sum stated to be due thereon is honestly due thereon 
and owing from the purchaser to the vendor." 

Sect. 3. When copartners are parties to such a memorandum, when copart- 
or when a corporation is a party thereto, the affidavit may be made atTons"a'ie'^°'^^'"^" 
and subscribed as it is by law provided that the affidavit required parties. 
in the case of mortgages of personal property ma}' be made and 
subscribed. 

Sect. 4. The fee of the town clerk for making such 
shall be twenty-five cents, or ten cents a folio, at his option. 

Sect. 5. This act shall take eftect on the first daj- of January, Takes effect, 
1886. 

[Approved August 12, 1885.] 



record Town clerk's 
fee. 



when. 



246 



Chapters 31, 32. 



[1885. 



CHAPTER 31. 

AN ACT TO AMEND SECTION 15 OF CHAPTER 115 OF THE GENERAL 
LAWS, RELATING TO WILD ANIMALS, DOGS, AND SHEEP. 

Section 1. Time of paj-ment for damage by clogs changed. 

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

^ofdamaTb^''* Section 1. That section 15 of chapter 115 of the General 
dogs ch;inged. Laws bc amended by striking out the -word " April " and substi- 
tuting the word " March " instead thereof, so said section shall 
read as amended as follows : " The treasurer of each tow^n shall 
register all such orders at the time of their presentation, and 
annually on the first day of March pay them in full, if the gross 
amount received by his town from taxes on dogs, and not pre- 
viously paid out, shall be sufficient for that purpose ; otherwise 
he shall divide such amount jiro rata among such orders in full 
discharge thereof." 

[Approved August 12, 1885.] 



CHAPTER 32. 

AN ACT TO LEGALIZE THE PROCEEDINGS OF THE BIENNIAL ELECTION 
HELD AT CONWAY, NOVEMBER 4, 1884. 



1. Election of supervisors and their acts 
legalized. 



Section 
2. Takes etfect, when. 



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



Election of su- 
pervisors and 
their acts 
legalized. 



Takes effect, 
when. 



Section 1. That the election of supervisors of the town of 
Comvay at the last biennial election in said town, and all the acts 
of said supervisors since said biennial election, are hereby legal- 
ized, ratified, and confirmed. 

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

[Approved August 12, 1885.] 



1885.] Chapters 33, 34. 247 



CHAPTER 33. 

AN ACT TO REPEAL CHAPTER 16 OF THE SESSION LAWS OF 1879, REL- 
ATIVE TO THE TAKING OF BIRDS. 

Sectiok I Section 

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

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

Section 1. That chapter 16 of the Session Laws of 1879, rehi- Act repealed, 
tive to the taking of l)ircls, be and is hereby repealed. 

Sect. 2. This "act shall take eftect from its passage. wfen ^'^^*''' 

[Approved Angust 12, 1885.] 



CHAPTER 34. 

AN ACT IN AMENDMENT OF SECTION 3 OF CHAPTER 101 OF THE LAWS 
OF 1883, RELATING TO PROVISIONS FOR PAYMENT OF SALARIES AND 
EXPENSES OF RAILROAD COMMISSIONERS. 

Sectiox j Section 

1. Time of appoi'tioning expenses, etc., 2. Repealing clause; takes effect, when, 
changed. 

Be it enacted b// the Senate and House of Representatives in General 
Court convened : 

Section 1. That section 3 of chapter 101 of the laws of 1883 Time of appor- 
be amended by striking out thqrefrom the words "on or before pe^nsTs^ etc., 
the first day of July in each year," and by inserting in the place '''^''"s^'^- 
thereof the words " each year, at the time they assess the taxes 
upon the railroads," so that said section after being so amended 
shall read : " The annual expenses of the board, including the 
salaries of its members and the expense of accountant, shall be 
borne by the several railroad corporations according to their gross 
receipts, and shall be apportioned by the board of equalization, 
who each year, at the time they assess the taxes upon the rail- 
roads, shall assess upon each of said corporations its just propor- 
tion of such expenses, in proportion to its said receipts, for the 
year next preceding that in which the assessment is made, and 
such assessment shall be collected in the manner provided by law 
for the collection of taxes upon railroad corporations." 

Sect. 2. All acts or parts of acts inconsistent with this act are ^^P^g'.'"^^ 
hereby repealed. This act shall take eliect upon its passage. effect, 'when. 

[Approved August 12, 1885.] 



248 



Chapters 35, 36. 



[1885. 



CHAPTEE 35. 

AN ACT TO ABOLISH THE POLICE COURT OF PITTSFIELD. 
Section 1. Court abolished. 

Be if enacted % the Senate and House of Representatives in General 
Court convened: 

Court abolished. Sectiox 1, TliG policG court of Pittsfield is hereby abolisliecl. 
[Approved August 12, 1885.] 



CHAPTER 36. 

AN ACT PROVIDING FOR THE REFUNDING OF LICENSE FEES PAID 
UNDER CHAPTER 44, SESSION LAWS OF 1879, FOR THE SALE OF 
TREES, SHRUBS, AND VINES, NOT GROWN IN THE STATE. 



Section 
1. License fees refundecT. 



SECTION 

2. Takes effect, when. 



License fees 
refunded. 



Takes effect, 
when. 



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

Section 1. That any person who has paid money into the 
state treasury for license fees to sell trees, shrubs, or vines, not 
grown in the state, under sections 1 and 2 of chapter 44, Session 
Laws of 1879, so much of said sections as relates to the sale of 
trees, shrubs, and vines, not grown in the state having been de- 
clared unconstitutional by the supreme court of the state, may 
present to the governor the receipts of the state treasurer, or 
other evidence, who, if satisfied of the payment thereof, shall 
draw his warrant for the amount of such license fees upon the 
treasurer of the state, who shall pay the same upon presentation 
out of any money in the treasury not otherwise appropriated. 

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

[Approved August 12, 1885.] 



1885.] 



Chapters 37, 38. 



249 



CHAPTEE 37. 

AN ACT TO dlVE EFFECT TO REFEREE's REPORTS MADE TO JUS- 
TICES OF THE PEACE, UNDER SECTION 14 OF CHAPTER 251 OF 
THE GENERAL LAWS. 



Section 
1. Referee's reports to justices of tlie 
peace may be sent to supreme court. 



Section 

2. Act amended. 

3. Repealing clause ; takes etfect, when. 



Be it enacted b// the Senate and House of Bejrresentatlves in Genercd 
Court convened : 

Section 1. When a referee's report is made tea justice of the Referee's reports 
peace, under section 14 of chapter 251 of the General Laws, and p°eace may be 
further proceedings hefore some other tribunal are necessary fop ^ei^t^to supreme 
recommitting", correcting, setting aside, or enforcing the report, 
or for the decision of a question of law or fact raised on or by the 
report, said justice shall send the papers to the trial term, of the 
supreme court in his county, where upon due notice the same 
proceedings may be had as if the report were made to the 
supreme court under said chapter 251. 

Sect. 2. Section 1 of chapter 251 of the General Laws is so Act amended, 
amended as to read as follows : " All controversies which may Ije 
the subject of a civil action may be submitted to one or more 
referees in the mode prescribed in this chapter." 

Sect. 3. All acts and parts of acts inconsistent herewith are Repealing 
hereby repealed, and this act shall take ellect on its passage. efEect%hen. 

[Approved August 12, 1885.] 



CHAPTER 38. 



AN ACT REGULATING THE SALE OF VEAL, 



Section 1 Section 

1. Killing calves under four weeks old 1. Takes effect, wlien. 
prohibited. 

Be it enacted (>y the Senate and House of Bepresentatives in General 
Court convened: 

Section 1. If any person kills, or causes to be killed, for the Kiuing calves 
purpose of sale, any calf less than four weeks old, or knowingly wefkso'id'^ 
sells, or has in possession with intent to sell, for food, the meat of p''o'^'^''«'J- 
any calf killed when less than four weeks old, he shall be pun- 
ished by imprisonment in jail not exceeding thirty days, or by 
fine not exceeding fifty dollars, or both ; and all such meat ex- 
posed for sale, or kept with intent to sell, may be seized and 
destroyed by any board of health, health ofiicer, or any sherifi', 
deputy sheritf, constable, or police officer. 

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

[Approved August 12, 1885.] ^^'" 



250 



Chapters 39, 40. 



[1885. 



CHAPTER 39. 

AX ACT IX RELATIOX TO THE DISTRIBUTIOX OF THE SAYIXGS BANK 

TAX. 



Section 
1. Time of paying bank tax to towns 
changed. 



Section 
2. Repealing clause; takes effect, wlien. 



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

Time of paying Sectiox 1. The State treasurer is hereby authorized to use 

Dank tax to^. pi 'i 

towns changed, the iniids receivcd on account ot tlie annual tax upon savings 
banks, for the payment of ordinary state charges, but shall, on or 
before the first day of January, annually pay to each town in 
which any of said depositors resided on the first day of April 
next preceding, such part of said tax as would be in proportion 
to the amount of said deposits and accumulations, held by resi- 
dents of said town on said day. 

Repealing Sect. 2. Scctlou 9, chaptcr 65 of the General Laws is hereby 

clause; takes i ii i r<^ • "^ 

effect, when. repealed, aiid tliis act sliall take etrect upon its passage. 
[Approved August 12, 1885.] 



CHAPTER 40. 

AX ACT ESTABLISHIXG AND FIXIXG THE SALARY OF THE SECRETARY 
OF THE STATE BOARD OF EQUALIZATIOX. 



Section 
1. 8600 annually. 



Section 
•2. Repealing clause; takes effect, when. 



Be it enacted hy the Senate and House of B.epresentatires in General 
Court convened : 



S600 annually. 



Repealing 
clause; takes 
effect, when. 



Section 1. The secretary of the state board of equalization 
shall receive an annual salary of six hundred dollars in full com- 
pensation for his services and expenses, Avhich shall be paid (piar- 
terly from the state treasury. 

Sect. 2. All acts and parts of acts inconsistent vith this act 
are hereby repealed, and this act shall take efiect from and after 
its passage. 

[Approved August 12, 1885.] 



1885.] Chapters 41, 42. 251 



CHAPTEE 41. 

AN ACT FOR THE RELIEF OF POOR PERSONS WHO HAVE SERVED IN THE 
ARMY OR NAVY OF THE UNITED STATES, AND THEIR DEPENDENT 
FAMILIES. 

Section i Section 
1. Indigent soldiers and sailors and their 2. Expense for their suppoi't to be borne 

families not to be sent to alms- by ninnicipality liable therefor, 

houses. I 3. Repealing clause; takes effect, when. 

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

Section 1. Whenever anv person resident in this state, not indigent soldiers 

dT 1. 1 i^i-j. 11 1 1 11 and sailors and 

er guardianship or legal restraint, who has been honorably their families 

discharged from the army or navy of the United States, shall ^°i^8.houseT* *° 
from any cause become poor, and unable to provide maintenance 
for himself and dependent family ; such person, his wife, widow 
or minor children, or such of said children as are unable to main- 
tain themselves, shall be supported at the public expense, in the 
town or city of their al)ode, at their own home, or such place, 
other than a town or county alms-house, as the selectmen or 
overseer of the poor may think right and proper in said town or 
city. 

Sect. 2. The necessary expense of such maintenance shall Ije Expense for 
paid by the town or county liable under existing laws for the beTorn"e^by'mu''- 
support of such soldier or sailor.^ _ _ _ Slherefor. 

Sect. 3. All acts and parts of acts inconsistent with the pro- Repealing 
visions of this act are hereby repealed, and this act shall take elreTtt'^^hen! 
eftect upon its passage. 

[Approved August 12, 1885.] 



CHAPTER 42 



AN ACT TO EXPEDITE THE TRIALS OF CERTAIN CASES. 



Section 

1. Supreme court maj- issue certain 

Avrits at trial term. 

2. Justices in vacation may hear peti- 

tions, etc. in certain cases. 



Section 

3. Case on exceptions may be trans- 

ferred to law term. 

4. Takes effect, Avhen; repealing clause. 



Be it enacted b>/ the Senate and House of Bejnrsentatires in General 
Court convened: 

Section 1. The supreme court at the trial terms shall have au- supreme court 

. . . ^ p , , may issue cer- 

thority to issue writs ot mandamus and quo warranto. tain writs at 

Sect. 2. Any justice of the supreme court may, in vacation, j"sti'es7n vaca- 
hear and determine petitions for mandamus and quo loarranto and tion m^y i^ear 
informations in the nature of quo warranto, and make all such fn certain ^cases. 



252 



Chapters 42, 43. 



[1885. 



Cases on excep- 
tions may be 
transferred to 
law term. 



Takes effect, 
when; repealing 
clause. 



orders and decrees therein as may properly he made in term 
time. 

Sect. 3. Whenever an application under the foregoinc^ sections 
of this act has been heard and determined and exceptions taken, 
a case shall be stated at the request of either party setting forth 
the facts found and the exceptions taken, and the same shall be 
transferred to the law term of the supreme court, and all proceed- 
ings shall be stayed until a final determination thereof. 

Sect. 4. This act shall take eli'ect on its passage, and all acts 
and parts of acts inconsistent herewith are hereb}^ repealed. 

[Approved August 12, 1885.] 



V 



CHAPTER 43 



AN ACT IN AMENDxMENT OF CHAPTER 86 OF THE GENERAL LAWS, RE- 
LATING TO SCHOOLS, AND TO ESTABLISH THE TOWN SYSTEM OP 
SCHOOLS. 



Sectiox 

1. School districts abollsliefl. 

2. Mode of transferring district property 

to towns. 

3. District records to be preserved. 

4. School boards. 

5. First meeting of town district. 



Section 

6. Duties of school board. 

7. Districts holding funds. 

8. District sj'Stem may be re-established 

after five years. 

9. Laws repealed and not repealed ; takes 

eflfect, when. 



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



School districts 
abolished. 



jNIode of trans- 
ferring district 
property to 
towns. 



Section 1. The division of towns into school districts hereto- 
fore existing is hereby abolished, and each town shall hereafter 
constitute a single district for school purposes ; ■promded, hoivever, 
that districts organized under special acts of the legislature may 
retain their present organization. 

Sect. 2. Each town shall forthwith take possession of all the 
schoolhouses, lands, apparatus, and other property owned and 
used for school purposes b}^ the said districts hereby abolished, 
which said districts might lawfully sell or convey. The property 
so taken shall be appraised by the assessors of the town, and at 
the next annual assessment a tax shall be levied upon the whole 
town equal to the amount of the whole appraisal ; and there 
shall be remitted to the tax-pa)-ers. of each district the said ap- 
praised value of its property so taken. In the case of a union 
district, the fractional parts of which belong to diiferent towns, 
the selectmen of such towns shall, acting together, appraise the 
school property of such union district, abolished under the pro- 
visions of this act, and shall make an equitable apportionment 
of the property and debts of such district, and find the balance 
equitably due from either of said towns to any of said towns, and 
order such balance to be paid within a time to be by them lim- 
ited ; and whenever such selectmen shall fail to agree upon the 
apportionment of the property and debts of such union district, 
they shall choose a referee, whose decision shall be final. 



1885.] Chapter 43. 253 

Sect. 3. The records of the districts hereby aboHshed shall be District records 
preserved by the town, and returned to the several districts *° ""^ preserved, 
whenever the town shall vote to return to the district system, un- 
der the provisions of section 8 of this act. 

Sect. 4. The duties heretofore devolving upon superintending school boards, 
and i3rudential committees shall hereafter be performed by a 
school board of three persons in each town, to be chosen by bal- 
lot at the annual school-meeting, and to hold office for three 
years ; provided, however, that at the first election under this act, 
one person shall be chosen for three years, one person for tAvo 
years, and one person for one year, and thereafter one person 
shall be chosen each year ; and said board shall have power at 
any time to fill its own vacancies until the next annual meeting 
of the district. 

Sect. 5. The first meeting of such district so composed of the First meeting of 
whole town by virtue of this act, shall be called by the selectmen ^o""! •^'^trict. 
of such town ; and the clerk of such town shall act as the clerk 
of such district until the clerk of such district is chosen and 
qualified. 

Sect. 6. The said school board of each town shall provide Duties of school 
schools within the limits of said town, at such places and times as ''°*'''^' 
in their judgment shall best subserve the interests of education, 
and as shall give all the scholars of the town as nearly equal ad- 
vantages as may be practicable, and said school board may use a 
portion of the school money, not exceeding twenty-five per cent 
thereof, for the purpose of conveying scholars to and from such 
schools. 

Sect. 7. The provisions of this act shall not be applied to Districts holding 
school districts holding funds for school purposes, in such man- ^"°'^** 
ner as to prevent said districts from retaining and enjojdng the 
benefit of said funds. 

Sect. 8. Any town, after five years from the time this act goes District system 
into effect, may, by a majority vote of all the voters of the dis- SdlifTe'r five' 
trict, re-establish the district system in such town, and shall ^^^^^' 
thereafter be subject to the same laws as are now in force in this 
state in relation to school districts. 

Sect. 9. The provisions of the General Laws heretofore en- Laws repealed 
acted in relation to school districts and schools shall be in force peaieT't'^^^kes ef- 
so fiir as the same are consistent with this act, and all acts and ^'"'^' "'''®"- 
parts of acts inconsistent with the provisions of this act are hereby 
repealed, and this act shall take effect and be in force from and 
after March 1, 1886. 

[Approved August 13, 1885.] 



254 



Chapters 44, 45. 



[1885. 



CHAPTER 44. 

AN ACT AUTHORIZING SELECTMEN TO REGULATE THE USE OF SIDE- 
WALKS. 



Section 
1. Sidewalks in villages. 



Section 
2. Takes efTect, -uben. 



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



Sidewalks in 
villages. 



Takes effect, 
when. 



Section 1. It shall be the clutv of selectmen to regulate the 
use of sidewalks in the villages and compact parts of their respec- 
tive towns, and for this purpose they may exercise all the powers 
conferred by law upon city councils. 

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

[Approved August 13, 1885.] 



CHAPTER 4 5. 

AN ACT TO PREVENT THE INVALIDITY OF THE ELECTION OF TOWN 
OFFICERS REQUIRED BY LAW, AT REGULAR TOWN MEETINGS. 



Section 
1. Election valid if no article in warrant. 



Section 
2. Repealing clause; takes effect, ■when. 



Be it enacted, by the Soiatc and House of Representatices in General 
Court convened: 



Election valid 
if no article in 
warrant. 



Repealing 
clause ; takes 
effect, when. 



Section 1. 'Eo election of any town officer required by law to 
be made at any annual or biennial tow^n meeting shall be rendered 
invalid by reason of the omission of the subject in the warrant for 
the meeting. 

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

[Approved August 13, 1885.] 



1885.] Chapters 46, 47. 255 



CHAPTER 46. 

AN ACT IN AMENDMENT OF CHAPTER 179 OF THE GENERAL LAWS, 
RELATING TO FISH LAWS, VIOLATIONS, AND PENALTIES. 

Section i Sectiox 

1. Time for taking lobsters clianged. | -2. Repealing clause. 

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

Section 1. That section 16 of chapter 179 of the General Time for taking 
Laws be and hereby is amended by striking ont the word changed. 
" fifteenth " wherever it occurs in said section before the word 
" October," and by inserting in lieu thereof the word " first," so 
that the amended section shall read : Section 16. 'No person 
shall catch, preserve, sell, or expose for sale, within the limits of 
the state of Xew Hampshire, any lobster, between tlie fifteenth 
day of August and the first day of October of each 3'ear ; and 
from the said first day of October to the fifteenth day of August 
next following of each year, no lobster shall be caught, preserved, 
sold, or exposed for sale, under ten and a half inches in length, 
measuring from one extreme of the body to the other, exclusive 
of claws or feelers, nor shall any female lobster be killed or de- 
stroyed wdiile carrying her spawn or hatching her young ; and any 
person violating any provision of this section shall be punished 
by a fine of ten dollars for every lobster so caught, used, sold, or 
exposed for sale, as aforesaid. 

Sect. 2. All acts and parts of acts inconsistent with this act Repealing 
are hereby repealed. *'''*"*®" 

[Approved August 13, 1885.] 



CHAPTER 4 7. 

AN ACT IN AMENDMENT OF SECTION 6 OF CHAPTER 186 OF THE 
GENERAL LAWS,. IN RELATION TO DUTIES OF GUARDIANS OF IN- 
SANE PERSONS. 

Section i Section 

1. Guardian to render account. I 2. Takes eflfect, when. 

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

Section 1. That section 6 of chapter 186 of the General Laws Guardian to 
is hereby amended by adding at the end of said section the words '"^"''®'' ^'^<=°""*- 
" and as often as once in three years shall settle his guardian ac- 
count, and if he neglects for four years to settle, his trust shall be 
revoked," so that said section as amended shall read : " He shall 
make and return a true and perfect inventory of the estate of his 

18 



256 



Chapters 47, 48. 



[1885. 



Takes effect, 
when. 



ward, as inventories of persons deceased are taken, and as often 
as once in three years shall settle his guardian account, and if he 
neglects for four years to settle, his trust shall be revoked." 

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

[Approved August 13, 1885.] 



CHAPTER 48 



AX ACT TO FACILITATE THE UIVING OF BONDS REQUIRED BY LAW. 



Section 

1. Certain corporations may become 

surety on bonds. 

2. Expense of procuring surety. 



Section 

3. Company shall not deny its liability. 

4. Takes effect, when ; repealing clause. 



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



Certain corpora- 
tions may be- 
come surety on 
bonds. 



Expense of 

procuring 

surety. 



Company shall 
not deny its 
liability. 



Section 1. That any company with a paid up capital of not 
less than two hundred thousand dollars, incorporated and organ- 
ized under the laws of any state of the United States, for the 
purpose of transacting business as surety on obligations of per- 
sons or corporations, and which has complied with all the require- 
ments of the law regulating the admission of such companies to 
transact business in this state, may, upon production of evidence 
of solvency and credit satisfactory to the judge, head of depart- 
ment, or other officer authorized to approve such bond, be accepted 
as surety upon the bond of any person or corporation required by 
the laws of this state to execute a l3ond, and if such surety com- 
pany shall furnish satisfactory evidence of its ability to provide 
all the security required by law, no additional surety may be 
exacted, but other surety may, in the discretion of the official 
authorized to approve such bond, be required, and such surety 
may be released from its liability on the same terms and condi- 
tions as are by law prescribed for the release of individuals, it 
being the true intent and meaning of this act to enable corpora- 
tions created for that purpose to Ijecome the surety on bonds 
required by law, subject to all the rights and liabilities of private 
parties. 

Sect. 2. Any court or officer whose duty it is to pass upon the 
account of any person or corporation required by law to give a 
bond, may, whenever such person or corporation has procured 
any such surety company as surety upon said bond, allow in the 
settlement of such account a reasonable sum for the expense of 
procuring such surety. 

Sect. 3. Any company which shall execute any bond as surety 
under the provisions of this act, shall be estopped, in any proceed- 
ings to enforce the liability which it shall have assumed to incur, 
to den}' its corporate power to execute such instrument or assume 
such liability. 



1885.] 



Chapters 48, 49, 50. 



257 



Sect. 4, This act shall take effect upon its passage, and all acts Takes effect, 
and parts of acts inconsistent herewith are hereby repealed. ^laus".' ^^^'^^ '°^ 

[Approved August 13, 1885.] 



CHAPTER 4 9. 

AN ACT IN AMENDMENT OF SECTION 8, CHAPTER 179 OF THE GENERAL 
LAAVS, RELATING TO ALEWIVES AND LAMPER EELS. 

Section 1. Alewives and lamper eels protected. 

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

Section 1. That section 8 of chapter 179 of the General Laws AiewWesand 
be amended by striking out after the word " prohibited " in the ^^f^ct^V 
second line the words " during the same period," and inserting in 
the place thereof " from the first day of August, 1885, to the first 
day of August, 1887," and striking out the word " said " in the 
second line of said section, and inserting after the word "waters " in 
said line the words " of the Merrimack or Connecticut rivers," 
so that the section as amended shall read : " Section 8. The taking 
or catching of any alewives or lamper eels in the waters of the 
Merrimack and Connecticut rivers is also prohibited from the 
first day of August, 1885, to the first day of August, 1887, under 
a penalty of ten dollars for each fish or eel so caught or killed." 

[Approved August 13, 1885.] 



CHAPTER 50. 

AN ACT TO PROVIDE FOR THE PUBLICATION OF FINANCIAL STATISTICS 
OF THE COUNTIES, CITIES, TOWNS, AND PRECINCTS WITHIN THE 
STATE. 



Section 
1. State treasurer to collect and publish 
county, city, and town statistics. 



Section 

2. To furnish blanks for that purpose. 

3. Duties of town and city officers. 



Be it enacted by the Seiude and House of JRepresentatives in General 
Court convened : 

Section 1. The state treasurer is hereby directed to collect state treasurer 
and publish hereafter with his annual reports a statement of the publish county, 
financial condition of the several counties, cities, towns, and pre- statistic!''"''' 
cincts within this state, at the close of their respective fiscal years, 
next prior to the first day of April of each year. The county 
statements shall include the total debt, cash on hand, net debt, 



258 Chapters 50, 51. [1885. 

value of county buildings and farms, and the value of stock and 
other personal property thereon. The city and town statements 
shall include their assessed valuation, amount of taxes assessed 
for all purposes, tax rate, total debt, assets, cost of public works, 
net debt, and increase or reduction of debt during the preceding 
year. The statement of assets shall include cash on hand and 
bonds and items convertil)le into cash, but in no case shall the 
value of public buildings, lands, or public works, be reported in 
assets. 
wankTfo^that Sect. 2. Tlic statc treasurer shall seasonably issue to the clerks 
purpose. of tlic scvcral boards of county commissioners, clerks of the sev- 

eral cities, and to the selectmen of the towns, suitable blanks 
upon which the statistics required by section 1 shall be reported, 
and it shall be the duty of the aforesaid officers to till out and 
certify such returns and forward them to the state treasurer on or 
before the fifteenth day of April of each year. 
Duties of town Sect. 3. Clcrks of citics and selectmen of towns shall include 

and city omcers. . - . ^ • i i i i • • ^ t • 

in their returns, under appropriate heads, the liuaiicial condition 
of all school, tire, water, or other precincts within their respective 
cities and towns. 

[Approved August 13, 1885.] 



CHAPTER 51. 

AN ACT IN AMENDMENT OF SECTION 2, CHAPTER 177 OF THE GENERAL 
LAWS, IN RELATION TO THE TRANSPORTATION OF GAME IN OR 
FROM THIS STATE. 



Section 

1. Killing of birds prohibited at certain 

seasons. 

2. Ducks may be taken, when. 



Section 

3. Repealing clause. 

4. Takes effect, when. 



Be it enacted by the Senate and House of Bepvesentatiresjn General 
Court convened .• 

prohibit'eci'af' SECTION 1. Scctlou 2 of chapter 177 of the General Laws is 
certain seasons, hereby amended by striking out the word "woodcock" in the 
third line of said section, and inserting the word " woodcock " in 
the fifth line of said section after the word " any," and striking 
out the word " February " in the fourth line and inserting the 
Avord " January " in the place thereof; and further amending said 
section by adding after the word " both " in the tenth line " and 
no person shall kill, expose for sale, or have in possession any 
woodcock, ruffed grouse, or partridge, during the months of Sep- 
tember, October, ^November, and December of any year, or 
plover during the months of August, September, October, jSTo- 
vember, December, and Januaiy of any year, except for consump- 
tion as food within the state, under the same penalty as provided 
for other offenses in this section," so the section so amended shall 



1885.] 



Chapters 51, 52. 



259 



read : " If any person shall, between the lirst day of February and 
the lirst day of August of each year, take, kill, or destroy any of 
the birds called plover, yellowlegs, sandpipers, ducks, or rails, or 
shall, between the lirst day of January and the first day of Sep- 
tember of each year, ta'ke, kill, or destroy any woodcock, rulfed 
grouse, partridges, or quails, or shall within the respective times 
aforesaid sell, buy, or have in possession any of said birds, he 
shall be punished b}' a line of ten dollars for each l)ird so taken, 
killed, or destroyed, bought, sold, or had in possession, or by im- 
prisonment not exceeding sixty days, or both. And no person 
shall kill, expose for sale, or have in possession any woodcock, 
ruffed grouse, or partridge, during the months of September, Octo- 
ber, November, and December of any year, or plover during the 
months of August, September, October, November, December, 
and January of any year, except for consumption as food within 
the state, under the same penalty as provided for other offenses in 
this section." 

Sect. 2. Nothing in the above section shall be construed to Ducks may be 
prevent the shooting of ducks on the sea coast or in salt water 
during the months of February, March, and April. 

Sect. 3. All acts and parts of acts inconsistent with this act ^^p^^*""^ 
are hereby repealed. 

Sect. 4. This act shall take effect from its passage. Takes effect, 

[Approved August 13, 1885.] 



when. 



CHAPTER 52. 

AN ACT IN AMENDMENT OF SECTION 10, CHAPTER 42 OF THE PAM- 
PHLET LAAVS OF 1883, BEING AN ACT TO REGULATE THE SALE OF 
AND INSPECTION OF MILK. 



Section 
1. Complaint and prosecution for selling 
adulterated milk. 



Section 
2. Takes effect, when. 



Be it enacted by the Senate and House of Bepresentatives in General 
Court conrened : 

Section 1. That section 10 of chapter 42 of the laws passed ^°'^^^^^^^^\l^ 
June session, 1883, be amended by adding at the end of said sec- selling aduiter- 
tion the following : " But this provision shall not be construed ^*^ 
to prevent any person from making complaint and instituting and 
carrying on prosecutions fol' the violation of any of said provi- 
sions, and such complainant, whether a town or city, by its officers 
or an individual sliall be entitled to one half of every fine col- 
lected through prosecution, and in an}- town where no inspector 
has been appointed complaints may be made to the state board of 
health, and said board shall proceed with such complaint in the 
same manner as is required of the inspector, whether the town 
from which complaint is made has or has not adopted the pro- 



260 



Chapters 52, 53, 



[1885. 



Takes effect, 
when. 



visions of this act/' so tliat said section shall read : " It shall be 
the duty of every inspector to institute a complaint for a violation 
of any of the provisions of this act, on the information of any 
person who la3's before him satisfactory evidence by which to sus- 
tain such complaint, but this provision shall not be construed to 
prevent any person from making complaint and instituting and 
carrying on prosecutions for the violation of any of said provi- 
sions, and such complainant, whether a town or city, by its officers 
or an individual shall be entitled to one half of every tine col- 
lected through such prosecution, and in any town where no in- 
spector has been appointed complaints may be made to the state 
board of health, and said board shall proceed Avith such complaint 
in the same manner as required of an inspector, whether the town 
from which complaint is made has or has not adopted the pro- 
visions of this act." 

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

[Approved August 13, 1885.] 



CHAPTER 53. 

AN ACT TO REGULATE THE ADMISSION OF FOREIGN SURETY" COMPA- 
NIES TO DO BUSINESS IN THIS STATE. 



Section 
1. Surety companies uiay be admitted 
to do business in this state. 



Section 

2. Liability and solvency. 

3. Takes effect, when. 



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



Surety compa- 
nies may be ad- 
mitted to do 
business in this 
state. 



Liability and 
Bolvency. 



Takes effect, 
when. 



Section 1. Any surety company incorporated and organized 
under the laws of any state of the United States other than the 
state of ]Srew" Hampshire, for the purpose of transacting business 
as surety on obligations of persons or corporations, may transact 
business in this state upon complying with the provisions of all 
laws relating to foreign insurance companies and their agents, 
and not otherwise. 

Sect. 2. Fifty per cent of the amount received on all out- 
standing contracts shall be treated as a liability by the insurance 
commissioner in determining the question of the solvency of the 
company. 

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

[Approved August 13, 1885.] 



1885.] 



Chapters 54, 55. 



261 



CHAPTER 54. 

AN ACT TO REPEAL CHAPTER 65 OF THE PAMPHLET LAWS, PASSED 
JUNE SESSION, 1883. 



Section 
1. Act repealed. 



Section 
•2. Takes effect, when. 



Be it enacted bij the Senate and House of Bepresentatkes in Genercd 
Court convened. : 

Section 1. Chapter 65 of the Pamphlet Laws of 1883, entitled Act repealed. 
" All act to amend sections 1, 2, and 3 of chapter 119 of the 
General Laws, relating to licensing peddlers, transient traders, 
etc." is hereby repealed. 

Sect. 2. This act shall take eiFect and be in force from and ^akes effect, 

p . when. 

after its passage. 

[Approved^August 19, 1885.] 



CHAPTER 5 5 



AN ACT TO PROHIBIT THE USE OF BARBED WIRE FENCES IN CER- 
TAIN CASES. 



Section 

1. Penalty for using liarbed wire for 
fencing land next to school lots. 



Section 
2. What officers to prosecute. 



£e it enacted by the Senate and House of Representatives in Genercd 
Court convened: 



Section 1, If the owner or occnpant of an_y land adjoining Penalty for 
land owned or occupied by any town or school district for school wTre^torfe'^ncing 
purposes, erects, keeps, or maintains any barbed wire fence, to ichooTiots'" 
separate or divide said lands, he shall be fined not exceeding 
twenty-five dollars. 

Sect. 2. The selectmen of every town, and prudential com- what officers to 
mittee of every school district, shall prosecute at the expense Qf p'''^^'^"®- 
the town or district, as the case may be, any violations of the 
previous section. 

[Approved August 19, 1885.] 



262 Chapters 56, 57. [1885. 



CHAPTER 56. 

AN ACT IN AMENDMENT OF SECTION 20 OF CHAPTER 195 OF THE 
GENERAL LAWS, IN RELATION TO ADMINISTRATORS. 

Section ' Section 
1. Place where propei'ty taxable not 2. Takes effect upon its passage, 

changed by appointment of special I 

administrator. I 

Be it enacted b)/ the Senate and House of JRepresentatives in General 
Court conceited : 

Place where Section 1. That sectioii 20 of chapter 195 of the General 

property taxable . i ir>*i 

not changed by La^^'s IS hepeo}' amended by adding at the end or said section the 
special admin" wopds : " ]^o taxatioii of aiij property of the deceased shall in 
istrator. consecj[uence of the appointment of such special administrator be 

changed from the town or place wdiere it wonld otherwise right- 
fully be taxed," so that said section, as amended, shall read : 
"Such special administrator, under such directions and restric- 
tions as may l)e inserted in his commission, shall return an inven- 
tory of the estate of the deceased, and take care of and preserve 
the property and eflects of the deceased, and do all other acts 
wdiich he may be directed to perform by the judge of probate or 
the supreme court. ISTo taxation of any property of the deceased 
shall in consecjuence of the appointment of such special adminis- 
trator be changed from the town or place where it would other- 
wise rightfully be taxed.'" 
Takes effect Sect. 2. Tliis act sliall take eftect upon its passage. 

upon its passage. ^. ,. „^^,_-, ^ ^ " 

[Approved August 19, 1885.] 



CHAPTER 5 7. 

AN ACT IN AMENDMENT OF SECTION 10 OF CHAPTER 289 OF THE 
GENERAL LAAVS, IN RELATION TO THE SALARY OF THE SOLICITOR 
OF THE COUNTY OF COOS. 

Section I Section 

1. Salary increased to $3.")0. I -2. Takes effect, when. 

Be it enacted Ijy the Senate and House of Eepresentatices in General 
Court convened: 

Salary increased Section 1. Sectloii 10 of cliaptcp 289 of tlic Gcucral Laws be 
and the same hereby is amended by striking out in the last line 
of said section the words " two hundred and iifty dollars," and 
inserting in the place thereof the words " three hundred and fifty 
dollars." 

Takes effect, Sect. 2. Tliis act shall take efi:ect upon its passage. 

[Approved August 19, 1885.] 



1885.] Chapters 58, 59. 263 



CHAPTER 58. 

AN ACT TO REPEAL SECTION 4 OF CHAPTER 133 OF GENERAL LAWS, 
WHICH PERMITS CERTAIN PERSONS TO ENGAGE IN THE BUSINESS 
OF AN APOTHECARY WITHOUT FIRST PASSING AN EXAMINATION. 

Section i Sectiok 

1. Repealing clause. | "2. Takes effect, wlien. 

Be it enacted by the Senate and House of Representatkes in General 
Court conrened: 

Section 1. Section 4 of chapter 133 of the General Laws is Repealing 
hereb}^ repealed. '''^"^e- 

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

[Approved August 19, 1885.] ^"''^"■ 



CHAPTER 59. 

AN ACT IN AMENDMENT OF CHAPTER 19, LAWS OF 1881, RELATING TO 
copies of PUBLIC RECORDS AND PROOFS OF THE SAME. 

Section l. Preservation of county records. 

Be it enacted by the Senate and House of Bcjn'esodatires in General 
Court conreved : 

Section 1. That cliapter 19 of the laws of 1881 l)e amended Preservation of 
by inserting after the word " obliteration," in the third line, the '^°"" y^^'^°^ ^■ 
words " or becomes so mutilated or injured by tire or otherwise 
as to require to be copied in order that it may be preserved," and 
by inserting after the word " counties," in the fourth line of said 
section, the words " and town and city clerks in their respective 
towns and cities," and also by inserting after the word " commis- 
sioners," in the fifth line of said chapter, the words " or the 
selectmen or boards of mayor and aldermen, as the case njaybe." 
So that said chapter shall read as follows : " Section 1. That in 
case any public record in any county in this state becomes so 
faded or illegible as to be in danger of immediate obliteration, or 
becomes so mutilated or injured by fire or otherwise as to 
require to be copied in order that it may be preserved, the clerks 
of court, registers of proliate, and registers of deeds, in their 
several counties, and town and city clerks, in their respective 
towns and cities, may copy the same under the direction of the 
county commissioners, or the selectmen, or boards of mayor and 
aldermen, as the case may be, into books ])repared for that pur- 
pose, and such copies, bearing a certificate showing the authority 
under which they were made, and also tlie certificate of the 



264 



Chapters 59, 60, 61. 



[1885. 



officer making the same tliat tliey are true and correct, shall be 
considered as the original record; and copies of the same shall 
be taken and accepted as evidence in court, the same as copies 
of the original record are now taken." 
[Approved August 19, 1885.] 



CHAPTEE60. 

AN ACT TO PROHIBIT THE SALE OF CIGARETTES OR TOBACCO IN ANY 
OF ITS FORMS TO MINORS. 

Section- i Section 

1. Sale of tobacco to minors prohibited. I 2. Penalty. 

Be it enacted in the Senate and House of Representatives in General 
Court eonrened : 



Sale of tobSicco 
to minors pro- 
hibited. 



Penalty. 



Section 1. l^o person shall knowingly sell any cigarette, or 
tobacco in any of its forms, to any minor under sixteen years of 
age. 

Sect. 2. If any person shall violate the provisions of this act, 
he shall be liable to a fine of twenty dollars for each and every 
such offense, such penalty or fine to go to the county treasurer, 
for the use of the county wherein the violation of this act occurs. 

[Approved August 25, 1885.] 



CHAPTER 61. 

AN ACT to amend SECTION 1 OF CHAPTER 179 OF THE GENERAL LAWS, 
forbidding THE TAKING OF FISH IN ARTIFICIAL PONDS. 



Not to apply in 
any oa.se to 
natural ponds. 



Section 1. Not to apply in any case to natural ponds. 

Be it enacted In/ the Senate and House of Bepresentedives in General 
Court eonrened : 

Section 1. That section 1 of chapter 179 of the General Laws 
be amended by adding at the end thereof the following: ''And 
in no case shall it apply to natural ponds," so that said section shall 
read : " Section 1. If any person shall at any time catch, kill, or 
destroy in any manner any fish in any pond, reservoir, or spring 
prepared or used for the purpose of breeding, growing, or pre- 
serving the same, or from any brook or stream running through 
or supplying such pond or reservoir on land owned or leased for 
the purpose" aforesaid, or shall break down any dam or embank- 
ment of the same, or shall in any way poison or pollute such 
water, or shall place therein any fish or the roe, spawn, or fry of 



1885.] 



Chapters 61, 62. 



265 



tlie same without permission of the owner or lessee of the land 
upon or through which such waters stand or flow, he shall, for 
every such offense, be fined not exceeding fifty dollars or be im- 
prisoned not exceeding six months, or both ; jjroiided, that said 
owners or lessees shall post in at least two conspicuous places on 
said land a notice with the words ' Reserved for fish culture or 
preservation, trespass forbidden," plainly painted, printed, or writ- 
ten thereon, and keep the same thus posted. This section shall 
be interpreted to apply only to such ponds, streams, or springs as 
are wholly within the control of some person owning the land 
around the same, who has made some improvement or expended 
money or labor in stocking the same with fish for his own use. 
And in no case shall it apply to natural ponds." 
[Approved August 25, 1885.] 



CHAPTER 62. 

AN ACT IN AMENDMENT OF SECTION 15 OF CHAPTER 166 OF THE GEN- 
ERAL LAWS, RELATING TO BANK COMMISSIONERS. 



Section 
1. Duty of commissioners in relation to 
insolvent banks. 



Section 
2. Takes elTeet, ■vvlien. 



Be it enacted hy the Senate and House of Representath-es in General 
Court convened: 



Section 1. That section 15 of chapter 166 of the General Duty of commis- 
Laws be and is hereby amended by adding after the word " neces- to insolvent"' 
sary " in the last line of said section, the following : " And it shall ^'*"''*- 
be the duty of the said commissioners to extend their examina- 
tions and exact reports from the assignees of insolvent savings 
banks, whose property and effects they are now or hereafter may 
be in possession of, by virtue of authority conferred by sections 
nine and thirteen of this chapter, and the result of said examina- 
tions shall be embraced in the annual report of said bank com- 
missioners." 

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

[Approved August 25, 1885.] ^ "'"°- 



266 Chapters 63, 64. [1885. 



CHAPTER 63. 

AN ACT TO PROVIDE FOR THE SPEEDY DELIVERY OF FREIGHTS, AND TO 
REGULATE THE LIABILITY OF RAILROAD CORPORATIONS IN CERTAIN 
CASES. 

Section l. Consignee to remove goods or pay for use of cars. 

Be it enacted by the Senate and House of Bejyresentatires in Gen end 
Court convened : 

moTe|"oods°or' Section 1. That any railroad corporation having transported 
pay for use,of anj Uimber, wood, coal, stone, brick, iron, sand, machinery, grain, 
or other bulky or heavy freight which is usually delivered to and 
unloaded by the consignee from the cars, may, after the arrival 
of such freight at the place of its destination, provided said goods 
are in good condition, notify the consignee in writing to receive 
and remove the same, and after five days from the time of such 
notice may charge a reasonable sum for the use and detention of 
the cars containing the same. 
[Approved August 25, 1885.] 



CHAPTER 64. 

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

Section 1. $800,000 authorized. 

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

$800,000 Section 1. The sum of four hundred thousand dollars shall be 

autnorized. • t n 

raised annually for the use of the state for the years 1886 and 
1887, and the state treasurer is hereby directed seasonably to issue 
his warrants to the selectmen of the several towns and places, 
and to the assessors of the several cities in this state, according 
to the apportionment of the public taxes made at the session of 
1883, and the selectmen of such towns and places, and the asses- 
sors of such cities are hereby required to assess the sums speci- 
fied in said warrants, and cause the same to be paid to said treas- 
urer on or liefore the first day of December in the years 1886 
and 1887 ; and the state treasurer is hereby authorized to issue 
his extents for all taxes which shall remain unpaid on the dates 
last above named. 

[Approved August 25, 1885.] 



1885.] Chapters 65, 66. 267 



CHAPTER 65. 

AN ACT TO AMEND SECTION 7, CHAPTER 75 OF THE GENERAL LAAVS, 
RELATIVE TO NOTICE TO TOWNS IN CASE OF DAMAGE UPON HIGH- 
WAYS. 

Section , section 

1. Notice of damage to be filed with 2. Repealing clause, 

selectmen. 

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

Section 1. That section 7, chapter 75 of the General Laws be Notice of 
amended by inserting after the word " with " in the fifth Hne, the iH^vitir^^ 
words " the selectmen of the town and," so that as amended the sec- selectmen. 
tion shall read : " Section 7. Every person sustaining damage to 
his person, team, or carriage wdiile traveling upon any highway or 
bridge thereon, by reason of any obstruction, defect, insutiiciency, 
or want of repair, rendering it unsuitable for travel thereon, shall, 
within ten days from the date of receiving such damage, file wdth 
the selectmen of the town and the clerk of the town or city which 
by law^ may be liable for the same, a written statement, under 
oath, of the exact place where and the time when such damage 
W'as received, a full description of the injuries, the extent of the 
same, and the amount of damages claimed therefor."' 

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

[Approved August 25, 1885.] 



CHAPTER 66. 

AN ACT RELATING TO THE GUARANTY FUND OF SAVINGS BANKS. 

Section i Section 

1. Guaranty fund may be used, except 2. Takes effect, -when, 
for payment of dividends. | 3. Repealing clause. 

jBe it enacted hy the Senate and House of Represeidatives in Genered 
Court convened: 

Section 1. Whenever a majority of the trustees of any savings Guaranty fund 
bank shall deem it necessary they may by vote utilize the guar- ex^pt^oTpay- 
anty fund of said bank provided for in section 13, chapter 170 of Jj|^,°fenas. 
the General Laws, but in no case shall said fund be used for the 
payment of dividends. 

Sect. 2. This act shall take effect on its passage. ww ^'^^°'' 

Sect. 3. All acts or parts of acts inconsistent with this act are Repealing 
hereby repealed. cun&c. 

[Approved August 25, 1885.] 



268 



Chapter 67. 



[1885. 



\ 



CHAPTER 67. 

AN ACT TO AMEND CHAPTER 239 OF THE GENERAL LAWS, IN REGARD 
TO LEA'Y OF EXECUTIONS AGAINST TOWNS AND SCHOOL DISTRICTS 
AND IN ADDITION THERETO. 



Section 

1. Execution may be levied on property 

of non-residents. 

2. On petition of person on wliose prop- 



Section 

erty levy is commenced, court may 
issue )nanc?(imus to selectmen to col- 
lect tax to paj- execution. 



J3e it enacted In/ the Se/iafe and House of Bepresentatires in General 
Court conrened : 



Execution may 
be levied on 
property of non 
residents. 



On petition of 
persons 07i 
whose property 
levy is com- 
menced, court 
may issue 
mandamus to 
selectmen to 
collect tax to 
pay execution. 



Section 1. That section 8, chapter 239 of the General Laws 
be amended so as to read as follows : " If such execution is not 
paid within sixty days after an attested copy is left as aforesaid, it 
may be levied, if against the town, upon the goods or estate of 
the selectmen, and if against the school district, upon the goods 
or estate of the prudential committee, and if sufficient goods or 
estate of said selectmen or prudential committee are not found, 
it may be levied upon the ]U'operty of any inhabitant of the town 
or district respectively, and if the goods or estate of said select- 
men or prudential committee and of the inhabitants of said town 
or district are not sufficient to satisfy said execution, then it may 
be levied on the property in said town or district, as the case may 
be, of any non-resident thereof.'' 

Sect. 2. In case any levy is commenced upon tlie property of 
any inhabitant or non-resident other than of one of the selectmen 
or of the prudential committee, the supreme court, upon applica- 
tion of the person whose property is so levied upon, or upon the 
application of any other property owner in the town or district, 
shall issue a wait of mandamus ordering the selectmen to assess 
and collect a tax sufficient to pay the amount of the execution 
and costs, and if a vacancy exists before or after the issuing of 
the ^\v\t in the office of selectmen or collector, so that the tax can- 
not be assessed or collected b}' their aid, the court may appoint a 
receiver with full power to perform said duties of assessment and 
collection of the tax and payment of the debt. If application 
for the writ is made to the court by any person whose property is 
levied upon, within thirty days after the commencement of such 
levy, further proceedings on the levy shall be suspended, unless 
the court shall otherwise order. 

[Approved August 25, 1885.] 



1885.] 



Chapters 68, 69. 



269 



CHAPTER 68 



AN ACT RELATING TO THE SALE OF IMITATION BUTTER. 



Section 

1. Penalty for selling 

2. Mode of testing. 



imitation butter. 



Section 

3. Butter defined. 

4. Takes effect, when. 



Be it enacted by the Senate and House 
Court convened : 



)f jRepresentatires in (j-eneral 



Section 1. ^Yhoever by himself or his agent shall sell, expose Penalty for seii- 
for sale, or have in his possession with intent to sell, any article biftte".' 
or compound made in imitation of butter or as a sul)stitute for 
butter, and not wholly made from milk or cream, and that is of 
any other color than pink, shall, for every package that he or they 
sells or exposes for sale, forfeit and pay a tine of lifty dollars, and 
for a second and each subsequent offense a fine of one hundred 
dollars, to be recovered with costs in any court of this state of 
competent jurisdiction ; and any tine so recovered and paid shall 
go one half to the complainant and one half to the county Avhere 
the offense was committed. 

Sect. 2. The complainant in any action brought under sec- Mode of testing, 
tion 1 of this act, or the health officers of any city or town, may 
cause specimens of suspected butter to be analyzed or otherwise 
satisfactorily tested as to color and compounds ; and a certificate 
of the analysis, sworn to by the analyzer, shall be admitted in 
evidence in all prosecutions under this act. The expense of such 
analysis or test, not exceeding twenty dollars in any one case, 
may be included in the costs of prosecutions in all cases prose- 
cuted under this act. 

Sect. 3. For the purpose of this act the term butter shall be Butter defined, 
understood to mean the product usually known by that name, 
and which is manufactured exclusively from milk or cream or 
both witli salt, and with or without coloring matter. 

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

[Approved August 26, 1885.] '' "'''"■ 



CHAPTEE 69 



y 



AN ACT IN AMENDMENT OF SECTION 18 OF CHAPTER 91 OF THE 
GENERAL LAWS, ENTITLED " SCHOLARS." 

Section 1. Duties of school committees as to suits; penaltj' for neglect. 

Be it enacted, hy the Senate and House of Bepresentcdives i)i General 
Court convened : 

Section 1. Section 18 of chapter 91 of the General Laws is i^ut'es of school 
hereby amended by striking out after the words " board of edu- suits"" penalty 

for neglect. 



270 Chapters 69, 70. [1885. 

cation," in the fourth line thereof, the words " upon whom a 
written notice has l)een served hv any taxpayer stating by whom, 
when, and how," and inserting in place thereof tlie following 
words : " To whom information has been furnished of any case 
in which " ; also by striking out after the word " after," in the 
seventh line of said section, the words " the service of such 
notice upon them, to institute," and inserting in place thereof the 
words " receiving such information to bring," also by striking out 
after the word " upon," in the ninth line of said section, the 
words " investigation during that time, they shall be satisfied 
that no," and inserting in their place the words " investigating 
the matter during that time they shall become satisfied that 
they have been misinformed, and that no such," so that said 
section as amended will read as follows : " Section 18. School 
committees and boards of education, respectively, shall sue for all 
penalties incurred under and institute prosecutions for all viola- 
tions of the provisions of this chapter, and any school committee 
or board of education to whom information has been furnished of 
any case in which any such penalty has been incurred, who shall 
neglect for ten days after receiving such information to bring a 
suit for the recovering thereof, unless such penalty shall sooner 
be paid without a suit, or unless upon investigating the matter 
during that time they shall become satisfied that they have been 
misinformed, and that no such penalty has actually been incurred, 
shall forfeit and pay the sum of twenty dollars for each neglect, 
to be recovered l)y the selectmen of the town, in an action of 
debt in the name of the town ; such penalty, when recovered, to 
be paid to the district in which the original penalty was incurred, 
and added to the school money thereof. All necessary expenses 
arising from prosecutions instituted in enforcing the provisions of 
this chapter, shall l)e paid out of the town treasury." 
[Approved August 28, 1885.] 



CHAPTER 70. 

AN ACT TO AMEND SECTION 6 OF CHAPTER 170 OF THE GENERAL 
LAWS, RELATING TO THE SALARY OF THE TREASURER AND HIS 
NECESSARY CLERKS OF SAVINGS BANKS. 

Section i Section 

1. Limit of salaries and expenses of I 2. Takes etfect, wlieii. 
treasurer and clerks. | 

Be it enacted hg the Senate and House of Rejnrsentatices in General 
Court convened, : 

Limit of salaries SECTION 1. That scction 6 of chapter 170 of the General Laws 

tr"elsu7er°and°^ sliall bc auieudcd by striking out of the sixth line of said section 

clerks. ^|_^g word " eighth," and inserting instead thereof the word 

"fifth," so tliaf said section shall read as follows : " The trustees 



1885.] Chapters 70, 71, 72. 271 

of all the savings banks in the state shall annually establish the 
salary of the treasurer and his necessary clerks, which, together 
with all expenses, shall not exceed four thousand dollars, except 
when the average amount of deposits exceeds the full sum of one 
million dollars ; then the salary of such treasurer, necessary 
clerks, and expenses, shall not exceed one lifth of one per cent 
upon the excess of one million dollars in addition to the sum 
herein before fixed, up to the sum of one million dollars ; which 
compensation so established shall be in full for all the services of 
the treasurer and his clerks, and other expenses in all cases. 

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

[Approved August 28, 1885.] 



CHAPTER 71. 

AN ACT FOR THE RELIEF OF THE TOWN OF SUNAPEE. 

Section i Section 

1. $-213.50 railroad tax. | 2. Takes effect, when. 

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

Section 1. That the state treasurer is hereby authorized and S213.50 railroad 
required to pay to the town of Sunapee, in the county of Sulli- 
van, the sum of $213.50, the same being the railroad tax for the 
years 1882, 1883, and 1884, assessed on railroad stock owned by 
said town and not paid over. 

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

[Approved August 28, 1885.] 



CHAPTER 72. 

AN ACT IN AMENDMENT OF CHAPTER 288 OF THE GENERAL LAWS, 
RELATING TO DISCIPLINE IN THE STATE PRISON. 

Section 1. Punishment and discipline regulated. 

JBe it enacted by the Senate and House of Bepresentatii-es in General 
Court convened : 

Section 1. That section 16 of chapter 288 of the General Punishment and 
Laws be amended by inserting at the close of said section the regulated, 
following words, viz. : "or by such other reasonable and effec- 
tive modes of punishment and discipline as the governor and 
council may from time to time prescribe," so that said section as 

19 



272 



Chapters 72, 73. 



[1885. 



thus amended shall read : " The warden, with the consent of the 
governor and council, may offer suitable encouragement and indul- 
gences to those convicts who distinguish themselves bv obedience, 
industry, and faithfulness, and may punish any convict guilty of 
insolence or ill language to any officer of the prison, or of ob- 
stinate and refractory behavior, by solitary imprisonment not 
exceeding thirty days at one time, or by such other reasonable 
and effective modes of punishment and discipline as the governor 
and council may from time to time prescribe." 
[Approved August 28, 1885.] 



CHAPTER 73. 

AN ACT IN AMENDMENT OF CHAPTER 172 , GENERAL LAWS, IN RELA- 
TION TO INSURANCE. 



Section 
1. Effect of eri'oneons statements and 
change of use of property by in- 
sured. 



Section 
•2. Takes effect, -when. 



Be it c'liacti'd hy ijic Senate and House of Bepresentatii-es in General 
Court convened : 



Effect of erro- 
neous state- 
ments and 
chaijge of use 
of property by 
insured. 



Takes effect, 
when. 



Section 1. All statements of description or value in an appli- 
cation or policy of insurance, are representations and not war- 
ranties ; erroneous descriptions or statements of value or title by 
the insured do not prevent his recovering on his policy, unless the 
jury find that the difference between the property as described 
and as it really existed contributed to the loss or materially in- 
creased the risk ; a change in the property insured, or in its use 
or occupation, or a lireach of any of the terms of the policy by 
the insured, clo not affect the policy, except during the contin- 
uance of the change, use, or occupation, or of the state of things 
constituting the breach of the terms of the policy ; nor shall any 
misrepresentation of the title or interest of the insured in the 
whole or a part of the property insured, real or personal, unless 
material or fraudulent, prevent his recovering on his policy to the 
extent of his insurable interest. 

Sect, 2. This act shall take effect upon its passage, and shall 
only apply to contracts of insurance entered into or renewed after 
it goes into effect. 

[Approved August 28, 1885.] 



1885.] Chapters 74, 75. 273 



CHAPTER 74. 

AN ACT FOR THE BETTER PRESERVATION OF TOWN AND OTHER 

RECORDS. 

Section I Sectiox 

1. Booksof record to Ije bound and prop- 2. Custodian not to loan Ihem. 

erly filed. 

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

Section 1. It shall be the duty of the city governments of Books of record 
cities, and of the selectmen of towns, to cause all books of public p°o']!er'iy"fiieci!°*^ 
record and registry belonging to such cities and towns respec- 
tively to be well and strongly bound, and other papers and doc- 
uments duly filed and arranged in an orderly manner, convenient 
for examination and reference, and to provide, at the expense of 
the city or town, a suital:)le place for the safe keeping and preser- 
vation of the public records and other documents, where they may 
be deposited and securely kept. 

Sect. 2. ISTo person having the custody of such public records custocuaji not to 
or documents shall loan the same or permit them to be taken out 
of his custody, except on summons in due form of law or by 
written direction of the mayor and aldermen or selectmen, but 
they shall be open at all proper times to the inspection and exam- 
ination of all persons interested. 

[Approved August 28, 1885.] 



loan them. 



CHAPTER 75. 

AN ACT IN AID OF AN ACT TO PROVIDE FOR THE PUBLICATION OF A 
RECORD OF NEW HAMPSHIRE SOLDIERS AND SAILORS IN THE WAR 
OF THE REBELLION. 



Section 
1. Provision for collecting information 
for the adjutant-general's office. 



Section ; 

2. Penalty. i 



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

Section 1. The selectmen or assessors of each town and city J'J,",'^j,*^'.'^" ^^[^j^^, 
shall, at the same time they distribute the blank inventories for matiou for the ' 
the assessment of taxes for the year 1886, also distribute such el^['foffite."' 
blanks as may be seasonably provided by the adjutant-general, 
for the purpose of collecting the information required l)y the pro-^ 
visions of the act " to provide for the imblication of a record of 
New Hampshire soldiers and sailors in the war of the Rebellion," 



274 



Chapters 75, 76. 



[1885. 



Penalty. 



approved July 23, 1885, and every person having such informa- 
tion shall make answer in writing, so far as possible, to such ques- 
tions as may be in snch blanks, and the same shall be returned 
and delivered to said selectmen or assessors before the fifteenth 
day of April, as is provided by law for the return of inventories 
of'^taxable property. The papers returned to the selectmen or 
assessors, under the provisions of this act, shall be returned to 
the office of the adjutant-general by them within thirty days after 
said fifteenth day of April. 

Sect. 2. Any officer or person violating the provisions of this 
act shall be subject to a fine of fifty dollars for each offense, to be 
recovered in an action of debt by the adjutant-general, and all 
sums of mone}' so recovered shall be applied in carrying out the 
provisions of said act of July 23, 1885. 

[Approved August 28, 1885.] 



CHAPTER 76. 

A'S ACT IN AMENDMENT OF SECTION 1 OF CHAPTER 269 OF THE GEN- 
ERAL LAAVS, AND TO AID AND PROTECT THE LABORING AND MANU- 
FACTURING INTERESTS OF THE STATE. 



Section 
1. Oflfenses and disorders in streets. 



Section 
2. Talies efTect, \\'lien. 



Be it cmictcd hij the Senate and House of Representatkcs in General 
Court conrened .• 



Offenses and 
disorders in 



Takes effect, 
when. 



Section 1. That section 1 of chapter 269 of the General Laws 
be amended by adding at the end thereof the following: " jSTor 
shall any person address to any person passing along any street 
to, from, or about his lawful business or occupation, any ofifen- 
sive, derisive, or annoying word or words, or call such person by 
any derisive or offensive name ; nor shall any person make any 
noise or exclamation in the presence and hearing of such person 
so passing, with intent to deride, offend, or annoy such person, or 
to prevent him from pursuing and engaging in his lawful busi- 
ness or occupation." 

Sect. 2. This act shall take effect and be in force from its 
passage. 

[Approved August 28, 1885.] 



1885.] Chapters 77, 78. 275 




CHAPTER 77. 

AN ACT IX RELATION TO THE SALARY OF THE STATE SUPERINTEND- 
ENT OF PUBLIC INSTRUCTION. 

Section i Sectiox 

1. Salary $2,500. I 2. Takes effect , when; repealing clause. 

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

Section 1. That the state superintendent of public instruction saiary $2,500. 
shall receive in full for salary and expenses, other than clerk hire, 
the sum of twentj-tive hundred dollars per annum. 

Sect. 2. This act shall take effect from and after its passao-e, ''^^^^s effect, 

- „ . . 'Ill whBU ; repealing 

and all acts and parts ot acts inconsistent therewith are hereby clause. 
repealed. 

[Approved August 28, 1885.] 



CHAPTER 78. 

AN ACT IN AMENDMENT OF SECTION 4, CHAPTER 179, OF THE GEN- 
ERAL LAAVS, RELATING TO THE PROTECTION OF SALMON AND 
TROUT. 

Section i Section 

1. Salmon and trout protected. I 2. Repealing clause; takes effect, when. 

I 

Be it enacted hy the Senate and House of Be2)resentatives in Genercd 
Court convened : 

Section 1. That section 4, chapter 179 of the General Laws saimon and 
be amended by striking out the words "the month of Septem- *'°"'p'^°''''''^- 
ber " in the fourth line, and inserting in place thereof the words 
" the thirtieth day of September " ; also by striking out the words 
" the month of April " in the fifth line, and inserting in place 
thereof the words " the first day of May," so that said section as 
amended shall read : "It shall not be lawful for any person to 
take, catch, kill, or have in his possession any land-locked or 
fresh-water salmon, lake trout, brook or speckled trout, in or 
from any of the waters of this state, between the thirtieth day of 
September of any year aiid the first day of May next following, 
except that lake trout may be taken, Avith single hook and line 
only, during the months of January, February, Marcli, and April ; 
and any person so offending shall be fined not more than fifty 
dollars for each fish so taken or had in possession, or imprisoned 
not more than six months, or both." 

Sect. 2. All acts and parts of acts inconsistent with the pro- Repeaiing^^^ 
visions of this act are hereby repealed, and this act shall take effe"ct!'when! 
effect upon its passao-e. 

[Approved August 28, 1885.] 



276 Chapters 79, 80. [1885. 



CHAPTER 79. 

AN ACT RELATING TO THE SALARY OF THE SHERIFF OF THE COUNTY 

OF HILLSBOROUGH. 

Section i Section 

1. Salary $500. I 2. Takes effect, when. 

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

Salary $500. SECTION 1. The aniiiial salaiy of the sheriff of the county of 

Hillsborough shall hereafter be five hundred dollars, payable as 
now provided by law, and so much of section 13 of chapter 289 
of the General Laws as is inconsistent with this act is hereby 
repealed. 

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

[Approved August 28, 1885.] 



CHAPTER 80. 

AN ACT IN relation TO THE SALARY OF THE JUSTICE OF THE 
POLICE COURT OF THE CITY OF DOVER. 

Section 1. Salary $800. 

Be it enacted hy the Soiafe and House of Representatices in Genercd 
Court convened : 

Salary S800. Section 1. That scctiou 10 of chapter 256 of the Session Laws 

of 1881, entitled " An act for the revision of the city charter of 
the city of Dover," is hereby amended by striking out the word 
" six " in the second line and inserting in place thereof the word 
" eight," so that the said section shall read as follows : " The 
salary of the justice of the police court of said city shall be eight 
hundred dollars per annum, to be paid in quarterly payments out 
of the city treasury, and the salary so received shall be in full for 
services of every kind rendered by him as justice of said court." 
[Approved August 28, 1885.] 



1885.] 



Chapters 81, 82. 



277 



CHAPTER 81. 

AN ACT IX AMENDMENT OF SECTION 11 OF CHAPTER 252 OF THE 
GENERAL LAWS, IN RELATION TO COURTS OF CRIMINAL JURIS- 
DICTION. 

Section I Section 

1. Police court Tvarrant; how returnable. | 2. Repealiug clause; takes elTect, when. 

Be it enacted by the Senate and House of Beprescidatk-es in General 
Court convened : 

Section 1. That section 11 of said chapter is hereby amended PoUce court ^^ 
by inserting in the second hne of said section after the word returnable. 
" established " the words " for any offense committed in said 
town," so that said section 11 shall read as follows : " Section 11. 
If such warrant is issued by a police court, or by any justice 
within the town in which such police court is established, for any 
oifense committed in such town, it shall be made returnable 
before such police court, and not elsewhere." 

Sect. 2, All acts and parts of acts inconsistent with this act Repealing 
are hereby repealed, and this act shall take elFect upon its pas- effelftVwhen* 
sa^e. 

^Approved August 28, 1885.] 



CHAPTER 82. 

AN ACT PROVIDING FOR THE PAYMENT OF THE MEMBERS OF THE ELEC- 
TORAL COLLEGE. 



Section 

1. Per diem and mileage. 

2. Act applies to electors of 1884. 



Section 
3. Takes effect, when. 



Be it enacted by the Seiuite and House of Representcdives in General 
Court convened : 

Section 1. The electors of president and vice-president shall Per^^i^^m and 
each receive three dollars a day during their session, and ten 
cents a mile for their travel to and from their place of meeting; 
and they shall be allowed a reasonable sum, not to exceed twenty- 
five dollars, to pay for the services of a secretary. 

Sect. 2. The provisions of this act shall applv to the college Act applies to 

„, r.T Hr,o< ii. >- electors of 18S4. 

of electors tor the 3^ear 1884. 

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

[Approved August 28, 1885.] 



278 



Chapters 83, 84. 



[1885. 



CHAPTER 83. 

AN ACT RELATING TO THE QUALIFICATION OF OFFICERS OF SAYINGS 

BANKS. 



Section 
1. Officers of savings institutions not to 
receive fees, etc. on account of 
loans. 



Section 
•2. Penalty. 
3. Takes effect, when. 



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



PnJsYns?ftuuons Section 1. K'o officGr, trustec, director, or employee of any 
not to receive saviiio^s baiik, saviiio-s institution, or trust company shall receive 

fees, etc. on ae- J , i " ,^ • • -\- ,^ • t i 

couut of loans, auy tec, present, beneiit, or commission, directly or indirectly, 
from any borrower or applicant for a loan or as an inducement or 
as a consideration therefor, or from any one negotiating securities 
at the institution or company of which he is an ofiicer, trustee, 
director, or employee, nor shall he receive any fee, beneiit, com- 
mission, or profit, directly or indirectly, from any loan made or 
securities bought or sold by said institution or company, except 
the benefit or profit he may derive in common with other deposi- 
tors or stockhoklers, and the compensation allowed by such insti- 
tution or company for services and expenses. But this section 
shall not preclude the ownership l)y bank otficials of stock in 
organized banks or companies, or the performance of legal or 
clerical services by them. Prorided, that in no case shall savings 
bank otficials negotiate loans with themselves acting as otficials of 
other corporations. 

Sect. 2. Any trustee, director, officer, or employee of a sav- 
ings bank, savings institution, or trust company who violates the 
provisions of this act shall be fined not exceeding ten thousand 
dollars or imprisoned not more than ten 3'ears, or both. 

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

[Approved August 28, 1885.] 



Penalty. 



Takes effect 
when. 



CHAPTER 84. 

AN ACT REGULATING THE ATTENDANCE OF TEACHERS UPON TEACH- 
ERS' institutes. 



Section 
1. Teachers ma3- attend institutes. 



Section 
2. Takes effect, when. 



Be it enacted Inj tlic Senate and House cjf Beprescntatives in General 
Court convened : 



Jttend'iLd!^ Section 1. The time, not exceeding three days in any one 
tutes. term, or five days in one year, actually spent by a teacher of any 



1885.] 



Chapters 84, 85. 



279 



public school in the state in attendance upon a teachers' institute 
held in accordance with the laws of the state, under the direction 
of the superintendent of public instruction, shall be considered 
time lawfully expended by such teacher in the service of the dis- 
trict where such teacher is employed, and no deduction of wages 
shall l3e made for such absences. And it shall he the duty of the 
school committee and boards of education to allow teachers to 
close their school for such attendance upon such institute. 

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

[Approved August 28, 1885.] 



Takes effect, 
when. 



CHAPTER 85. 

AN ACT IX AMENDMENT OF CHAPTER 140 OF THE GENERAL LAWS, IN 
RELATION TO ASSIGNMENTS. 



Section 

1. Judge of probate to be and to appoint 

assignee; filing of assignment. 

2. Debtor to flic list of creditors and 

schedule of property; messenger. 

3. Penaltj' for not filing. 

4. After notice to creditors, judge to ap- 

point assignee; liis bond and duty. 

5. Creditor to file claim; assignee to 

render account; closing of estate. 

6. Appeal if amount less than $100. 

7. Proceedings in case debtor owes $300, 

and has not property sutHcient to 
pay his debts. 

8. Removal of assignee. 

9. ElTeet of attachments, sales, etc. with- 

in three months previous to assign, 
ment. 
10. Powers of judge not restricted. 



SECTION 

11. Debtor to be discharged, when. 

12. Discharge not ^alid if procured lij- 

fraud. 

i;5. Not to be granted till expenses paid. 

14. Creditor refusing to accept his per- 
centage. 

If). Proceedings on application of debtor 
for discharge ; efi'ect of discharge. 

K). Allowance to debtor. 

17. Certain wages to be paid in full. 

18. Proceedings in case of copartnership. 

19. Fees of judge, assignee, and messen- 

ger. 

20. Expenses and fees. 
31. Blanks. 

22. Repealing clause. 

23. Takes etfect, when ; pending suits not 

affected. 



JBe it enacted hy the Senate and House of Bepreserdatices in General 
Court con vened : 



Section 1. Every assignment under said chapter of this act JuJge of probate 
shall be to the judge of probate of the county in which the debtor poi.u assignee'';" 
resides, and to such assignee as may be appointed by such judge, ^eut."^ '■'"^"" 
and shall be filed with the judge or with the register of probate 
for said county, and until so filed shall be of no ettect. 

Sect. 2. The debtor shall, within ten days after the filing of ^^^^^f ^t.° «/^«^^^ 
such assignment, file in said ofiice a list of the names and resi- ami schedule of 
deuces of all his creditors, verified b}- his oath to be true accord- seuger.^ ' '"^^" 
ing to the best of his knowledge, information, and belief; and he 
shall also, within fifteen days after the filing of said assignment, 
file in said office a schedule of all his property, verified by his 
oath to be true according to the best of his knowledge, informa- 
tion, and belief Upon such filing the judge shall appoint a 



280 



Chapter 85. 



[1885. 



Penalty for not 
filing. 



After notice to 
creditors, judge 
to appoint 
assignee ; his 
bond and duty. 



Creditor to file 
claims; assignee 
to render ac- 
count; closing 
of estate. 



messen_:^er to take possession of the property, who may sell 
perishable articles, and hold the proceeds for the assignee. 

Sect. 3. Any debtor who shall willfully omit to file such list 
or schedule as ordered, shall be punished by imprisonment not 
more than one year. 

Sect. 4. Upon the filing of such list or schedule, said judge 
shall give notice, both personal and by publication, for such time 
as he shall direct, to the creditors of said debtor, that at a desig- 
nated time an assignee of said debtor will be appointed by said 
judge, and that all parties interested may be heard in reference to 
such appointment : and at the time and place designated, or 
as soon after as may be, said judge, upon the written recommen- 
dation of two thirds in numbers, and a majority in value, of those 
who have proved their debts by their oath, shall appoint an as- 
signee, who shall not be a creditor of said debtor, and issue to 
him a letter of appointment; and such assignee shall thereupon 
give bond as recjuired by said chapter, and shall also file in said 
office, within ten days of said appointment, a schedule of all 
property embraced in said assignment, with his estimated value 
thereof, and of the incumbrances thereon, verified by his oath 
to be true according to the best of his knowledge, information, 
and belief. 

Sect. 5. The statement required by section 11 of said chapter 
shall be filed witliin one month after said assignment, and all 
objections thereto within three months after said assignment, 
unless said judge, upon cause shown, shall give a further time to 
any party omitting, not exceeding two months additional ; and 
the accounts required by section 21 of said chapter shall be ren- 
dered within six months after the appointment, and at such other 
times as the judge may direct. The estate shall be closed and 
a final distribution made within one year from the date of the 
assignment, unless the judge of probate, for good cause, and upon 
the written consent of a majority in number of the creditors 
owning a majority in amount of the debts, shall grant further 
time. 

Sect. 6. Upon any appeal under section 25 of said chapter, 
when the amount in controversy does not exceed one hundred 
dollars, and the title of real estate is not concerned, any justice 
of the supreme court, before or after the entry of such appeal, 
at the term of court to which the same shall he taken, or said 
court, at said term or afterwards, may refer said appeal to one or 
more referees, under chapter 231 of the General Laws, and judg- 
ment rendered on their report shall be final and conclusive. 

Sect. 7. The judge of probate, upon an application in writing 
by any creditor or creditors of any debtor residing in the county, 
suffidentTo^pay aiid Satisfactory evidence that said debtor is owing said petitioner 
his debts. Qp petitioners three hundred dollars or upward, and that his prop- 

erty within this state not exempt from attachment is insufficient 
to pay all his debts, may appoint a messenger, and order said 
debtor to return a list of his creditors, verified by his oath, and a 
schedule of his property, verified by his oath, within such time as 
said judge may direct; and upon the return of such list said 
judge shall give notice to creditors and proceed for the choice of 



Appeal if 
amount less 
than $100. 



Proceedings 
in case debtor 
owes $300, and 



1885.] Chapter 85. 281 

an assignee, as directed by section 4 of this act. If for any rea- 
son said list shall not be returned, said judge shall give such 
notice as he deems sufficient, and afterwards proceed as in sec- 
tion 4. The estate of the delDtor shall vest in such assignee the 
same as in an appointment under section 4, and the debtor may 
also be ordered to execute an assignment. 

Sect. 8. Any assignee may be removed by said judge, with or ^^^°J^f°^ 
without notice to the creditors and said debtor, whenever he shall 
deem it necessary for the protection of the estate, subject, how- 
ever, to the right of two thirds in number and a majority in value 
of the creditors to have him reinstated. 

Sect. 9. Whenever an assignment to the judge of prol3ate is f^^i^^g°„*t^J- 
made as provided by section 1 of this act, all attachments shall be sales, etc. Vith- 

. , i , -^ , , 111 J.1 • J. 1" three months 

void except such as have been made three montlis previous to previous to 
such assignment, and all payments, pledges, mortgages, convey- assignment. 
ances, safes, and transfers, made within three months next before 
said assignment, and after the passage of this act and before the 
first of September next, and also all payments, pledges, mortgages, 
conveyances, sales, and transfers, whenever made, if fraudulent 
as to creditors, shall be void, and the assignee may recover and 
hold the property attached, mortgaged, conveyed, sold, or trans- 
ferred as aforesaid, disencumbered of all such liens or claims ; 
provided, that sales of real or personal estate, in the ordinary 
course of business shall, although made within said three months, 
be deemed valid if the purchaser has received the property in 
entire good faith and for an adequate consideration. Provided, 
also, that any mortgage given within said three months to secure 
a debt actually created at the time of the execution of said mort- 
gage shall be valid, or the consideration of said mortgage shall be 
returned to the mortgagee. 

Sect. 10. The penalties imposed by this act and ])v said chap- Powers of judge 

,T, -, J- -, -\ n • T • -x i" • i not restricted. 

ter shall not be construed to take from said judge his power to 
enforce his orders by the usual process of contempt. 

Sect. 11. In all cases of assignment where the debtor's or ^htrged%^hen.'' 
debtors' liability exceeds the sum of three hundred dollars, if the 
debtor or debtors shall, at the first meeting of the creditors, pi'o- 
duce an affidavit by him or them signed, and sworn to before the 
judge of probate, of the tenor following : " I, , of , in the 

county of , do solemnly swear that I have not removed, 

concealed, or secreted any money, papers, securities, eftects, or 
property, real or personal, with the intent, purpose, or expecta- 
tion of receiving, directly or indirectly, any benefit or advantage 
to myself, and that I have not changed or falsified my books of 
account, deeds, or papers, relating to ni}' estate ; and that I have 
not sold, pledged, conveyed, or transferred any of my property or 
estate in anticipation of insolvency, or made any conveyance, 
mortgage, pledge, transfer, or payment to any creditor for the 
purpose of preferring au}^ of my creditors, and that I have not, 
directly or indirectly, given any creditor or other person any com- 
pensation or promise of reward, except reasonable counsel fees 
for service, and that my assets and liabilities are correctly stated 
in the schedule hereunto annexed and signed by me " ; and at the 
same time shall also produce an agreement signed by three fourths 



282 . Chapter 85. [1885. 

in number of liis creditors holding three fourths of all his indebt- 
edness, whose debts shall each exceed the sum of fifty dollars, in 
the form following : " We, the undersigned, creditors of , 

of , in the county of , do hereby agree to accept 

per cent of our actual net claims against , the amounts of 

which are correctly stated against our respective names, in full 
discharge of the same ; and we further agree that we have not 
received, directly or indirectly, any compensation or promise of 
future payment beyond the per cent herein named " ; and if the 
judge shall be satisfied that such agreement is signed by said pro- 
portion of the creditors of such debtor, and that such debtor has 
either paid or secured the percentage named in such agreement 
and according to the terms thereof, he shall give such debtor, 
under his hand and the seal of the court, a full discharge of all 
his debts and lialfilities contracted prior to the filing of the assign- 
ment of said debtor. 
Discharge not Sect. 12, Sucli dischargc shall not be valid if the sio;nature of 

vaha 11 procui'eu ,. , , ^ • -\ t r- i • n • ^ 

by fraud. any crcclitor has been obtained by iraud, or it any material state- 

ment contained in such atfidavit or schedule is false to the knowl- 
edge of the debtor making the same ; and any creditor may sue 
for and recover the balance of his claim or debt against such 
debtor, if any fraud be proved. 

Not to be grant- Sect. 13. Wlicu a dcbtor eftc'cts a comproiiiise or comi»osition 

ed till expenses .,,. ,. •tti in i i i- 

paid. With Ins creditors, said debtor shall not have granted to him a dis- 

charge until he shall have paid all expenses incurred during the 
proceedings. 

Creditor refusing Sect. 14. If auy Creditor shall refuse to take or accept in dis- 

to accept his , l'i*ii' ^ • ^ i-iin i 

percentage. cfiargc ot iiis debt or claim the per cent which has been accepted 
by the creditors under section 11 of this act, the same shall be 
deposited with the judge subject to the order of such creditor; 
and if not claimed by such creditor within twelve months from 
the date of the acceptance of such per cent l)y said creditors, the 
judge shall give such sum to the said debtor. 

Proceedings on Sect. 15. Auv tiiiie after the final decree of distribution by the 

application of. « . .. . ^ ,. 

debtor for dis- judgc, tlic dcbtor uiav apply in writing to the judge tor a dis- 
disc'harge. ^'^ ° chai'ge froiii liis debts, of which application due notice shall be 
given to the creditors and a time and place of hearing thereon 
ap23ointed. And if upon such hearing the judge shall be satisfied 
that the debtor has made an honest and full return of all his assets, 
he shall grant such debtor, under his hand and the seal of the 
court, a full discharge of all his debts and lialjilities contracted 
prior to the commencement of proceedings under this act, upon 
the written approval of three fourths of his creditors in numbers 
representing and owning three fourths in amount of his debts. 
Provided, that the debtor, upon the payment of seventy per cent 
of his liabilities in the absence of fraud, shall be discharged with- 
out such consent. Prorided, also, that a debtor Avho has once 
been discharged under this act shall not be entitled to a second 
discharge. ]N^o certificate of discharge under this act shall affect 
any debts contracted prior to the passage of this act, unless such 
debts shall be proved in the proceedings under this act. 
A^l^o'^^ance to Sect. 1(3. The del)tor shall bc allowcd out of liis cstatc for Ifis 

services, attendance, and for the necessary support of himself and 



1885.] Chapter 85. 283 

family, such sum, uot exceediug oue dollar a day for himself, 
and two dollars per week for each member of his lamily, and for 
such time, not exceeding three months, as the judge may order. 

Sect. 17. Wages due to any operative, clerk, house servant, or certain wages to 
other laborer, to an amount not exceeding fifty dollars, for labor ^® ''^"^ '"^ ^" '■ 
performed within six months previous to the commencement of 
proceedings under this act, shall be paid in full. 

Sect. 18. In case the proceedino-s are bv or ao-ainst a coi )art- Proceedings in 
nership, the affidavit, agreement, and certificate shall be varied nersinp. 
accordingly, and shall contain both the names of the firm and the 
names of the members thereof. 

Sect. 19. The fees of the judge of probate, assignee, and mes- Fees of judge, 
senger in all proceedings uncler this act, shall be as follows : The messenger. 
judge of probate shall receive five dollars per day for actual ser- 
vice. The assignee shall receive three dollars per day for service 
actuall}^ performed, and the same commission now allowed by law 
to administrators of persons deceased, and also his necessary 
traveling expenses, the whole to be itemized by said assignee and 
audited and allowed by the judge of probate. The messenger 
shall receive two dollars per day for service actually performed, 
and also his necessary traveling expenses, tlie whole to be item- 
ized by said messenger and audited and allowed by judge of pro- 
bate. And the register may be appointed such messenger at the 
discretion of the court. 

Sect. 20. All necessary expenses incurred under the execution Expenses and 
of this act shall be determined and allowed by the judge of pro- ^"^^^^ 
bate, and all fees and expenses of whatever nature shall be paid 
from the assets of the debtor, except such as are hereinafter 
mentioned. 

Sect. 21. All necessary blanks and forms shall be prepared by Blanks, 
the judge of probate and provided at the expense of each county. 

Sect. 22. Sections 4 and 14 of said chapter, and all acts and Repealing 
parts of acts inconsistent with this act are hereby repealed. 

Sect. 23. This act shall take effect and be in force from aud'^'^'^es effect, 

„. ,,...-, imi 1 when ; pending 

after its passage ; and nothing m said act shall be construed to suits not 
affect any attachment made prior to said date, or to affect any suit * ^'^ ® • 
now or then pending. 

[Approved August 28, 1885.] 



284 Chapters 86, 87. [1885. 



CHAPTER 8 6. 

AX ACT PARTIALLY REPEALING SECTION 14 OF CHAPTER 287 OF THE 
GENERAL LAWS, RELATING TO PERSONS WHO MAY BE SENT TO THE 
INDUSTRIAL SCHOOL. 

Section 1. Minor may be sent to iiulustrial school. 

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

Minor may be SECTION 1. That tliG words " 01' sliall be ordered to recognize 
trhdsciloor" for liis appearance at the supreme court," between the w^ord " ac- 
cordingly," in the third line of section 14 of chapter 287 of the 
General Laws and the w^ords " the court," in the fifth line of said 
section, be stricken out, and also that the words " or recogni- 
zance " in the sixth and seventh lines of said section, be striclvcn 
out, so that said section shall read as follow^s, viz. : " Section 14. 
When any minor under tlie age of seventeen years, charged \vith 
any otfense punishable by im})risonment, otherwise than for life, 
shall be convicted and sentenced accordingly, the court or justice, 
upon application of such minor, his friends, or the state's coun- 
sel, may order that instead of such imprisonment the said minor 
mia}^ be sent and kept employed and instructed at the industrial 
school for such term not less than one year nor extending beyond 
the age of tw^enty-one years, as said court sliall judge most for his 
true interest and benefit, provided he shall conduct himself 
according to the regulations of said school, and a copy of such 
order shall l)e suificient authority for his commitment and deten- 
tion at said school." 

[Approved August 28, 1885.] 



CHAPTER 87. 

AN ACT TO SIMPLIFY THE PROCESS FOR PROTECTING CERTAIN WATER 
RIGHTS AND THE RIGHTS OF RIPARIAN PROPRIETORS. 

Section j Section 

1. Redress for rights infringed. | 2. Same subject. 

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

Redress for SECTION 1. Any legal right, public or private, infringed by a 

ng 1 s in ringe . ^.|-^^j,^gg ^j^ -j-]-^g Water Icvcl of auy natural lake or pond, and the 
w^ater rights of riparian proprietors on any stream, may be ascer- 
tained and enforced in a constitutional manner on a bill in equity 
without ascertainment of the right by a suit at law, and rights 
of boating, fishing, and navigation may be enforced on a bill in 
equity brought by the attorney-general in the name of the state. 



1885.] Chapters 87, 88. 285 

Sect. 2. Any legal right, public or private, infringed by saw- same subject. 
dust or other waste of a saw mill or other lumber mill, cast or 
dropped into a water course, or any other material cast or dropped 
into a water course, may be enforced by the lirst section of this 
act. 

[Approved August 28, 1885.] 



CHAPTER 88. j 

I 

AN ACT IX AMENDMENT OF AND IN ADDITION TO CHAPTER 100 OF 1 

THE PAMPHLET LAWS PASSED JUNE SESSION, 1881, ENTITLED " AN I 

ACT FOR THE INSPECTION AND LICENSING OF STEAMBOATS AND j 

THEIR ENGINEERS." i 

Sectiox 

1. All passenger steamboats to be in- 

spected. 

2. Engineers and pilots to be examined. 



Section 

6. Examinations by inspector ; liis com- 

pensation. 

7. Penalty for carrying passengers in 



passenger 



3. Examination to be imder oath by in- ' excess of allowance. 

specter. S. Penalty for misconduct of inspector. 

4. Penalty for miscondnct of engineer or 9. Talces eifect, wlien. 

pilot. 

5. Inspector may detain boat for repairs, : 

etc. 1 

JBe it enacted b>/ the Senate and House of Representatives in General 
Court convened : 

Section 1. Sections 1 and 2 of chapter 100 of the Pamphlet ah . 
Laws passed June session, 1881, are hereby amended by striking ?*^g^™''j^f^ ^'^ ^^ 
out the words " for the carriage of passengers for hire " in the 
third and fourth lines of section 1, and the same words in the 
second line of section 2. 

Sect. 2. Sections 1, 2, and 3 of said act are amended by insert- Engineers and 
iiig after the word "engineer," wherever it occurs, the words p^'J^^J"'"' *''" 
" or pilot." 

Sect. 3. All engineers and pilots shall be examined as pro- Examination to 
vided in said act, under oath by said inspectors, who shall have by inspector.'' 
power to administer an oath. 

Sect. 4. If any person shall act as engineer or pilot on any penalty for mis- 
steamboat without the certificate herein provided for ; or if any giuel"''oi°yot 
engineer or pilot shall, during the year for which he is licensed, 
neglect the duties of his office, or be of intemperate habits, or 
willfully violate any of the rules and regulations established by 
the inspector ; or if any engineer shall carrj- more steam than the 
certificate for his boat allows, or shall in any wa}- or manner 
interfere with the locked safety-valve of the boiler, after the same 
is set by the inspector, so as to allow greater pressure in the boiler 
than the amount specified by said certificate, his license may be 
suspended or revoked by the inspector, and he shall Ije punished 
by fine not exceeding one hundred dollars, or by imprisonment 
not exceeding one year, or by both. 



286 



Chapters 88, 89. 



[1885. 



Inspector may 
detain boat for 
repairs, etc. 



Examinations by 
inspector ; his 
compensation. 



Penalty for car- 
rying passengers 
in excess of al- 
lowance. 



Penalty for mis- 
contluct of in- 
spector. 



Takes effect, 
wheu. 



Sect. 5. If any steamboat licensed as aforesaid shall, during 
the period of its license, be deemed by the inspector unsafe in its 
hull, or defective in its engine, boilers, or machinery ; or its own- 
ers or lessees shall not have complied with the rules and regula- 
tions prescribed Ijy the inspector, he shall have power to stop and 
detain such l;)oat until the necessary repairs are made, or said 
rules and regulations are complied with. 

Sect. 6. Said inspector shall examine such boat, its boilers and 
engines, to see if the provisions of this act and the rules and reg- 
ulations established by the inspector have been complied ^vith, 
not more than three times in each year, at such times as the 
inspector shall deem the public interests and safety require, and 
be paid therefor the same compensation now provided by law ; 
his accounts for the same to be audited by the governor ancl 
council, and the governor shall draw his warrant on the treasurer 
therefor. 

Sect. 7. If the owners or lessees of any steamboat licensed as 
aforesaid shall carry more passengers than its certificate allows, 
they shall be fined twenty-five dollars for each passenger carried 
in excess of the number so allowed. 

Sect. 8. Every inspector of steamboats who, upon au}^ pre- 
tense, receives any fee or reward for his services, except what is 
allowed to him by law, shall forfeit his otiice, and be otherwise 
punished by a fine of not more than five hundred dollars, or by 
imprisonment not more than six months, or by both. 

Sect. 9. This act shall take eflect upon its passage. 

[Approved August 28, 1885.] 



V 



CHAPTER 89 



AN ACT IN RELATION TO SPECIAL SCHOOL DISTRICTS AND POWERS 
OF BOARDS OF EDUCATION. 



Section 

1. Special school districts may be abol- 

ished. 

2. Boards of education mav contract 



Section 

for education of scholars out of 
district. 
3. Takes eflect, when. 



Be it enacted hg the Senate and House of Representatkes in General 
Court convened: 



Special school Section 1. That any school district organized under a special 

aboSd"''' "" act of the legislature may, by a major vote of the qualified 

voters present and voting at a legal meeting duly warned for the 

purpose, abolish such district, and unite with the town district. 

Boards of educa- Sect. 2. The boards of education of adjoining towns, cities, 

tra^for^eau^a- or distrlcts, may contract with each other, or with any academy, 

seminary, or college, incorporated under the laws of the state, for 

the education of s'cholars in such towns, cities, or districts, upon 

such terms and conditions as they may agree upon. 



tion of scholars 
out of district. 



1885.] Chapters 89, 90. 287 

Sect. 3. This act shall take effect and be in force after March If^^'^^'"^' 
1, 1886. 

[Approved Ano-ust 28, 1885.] 



CHAPTER 90. ' 

AN ACT IN AMENDMENT OF SECTION 1, CHAPTER 53 OF THE LAWS 
OF 1883, ENTITLED "AN ACT IN AMENDMENT OF SECTION 9, CHAP- 
TER 111 OF THE GENERAL LAWS, RELATING TO THE PENALTY IN 
CERTAIN CASES OF NUISANCE." 

Section l. Penalty for leaving offensive matter. 

Be it enacted hy the Senate and House of Representatkes in General , 

Court convened, : 

Section 1. That section 1 of chapter 53 of the laws of 1883, feaving Offensive ! 

entitled " An act in amendment of section 9 of chapter 111 of matter. ^ 

the General Laws, relating to the penalty in certain cases of nui- 
sance," shall he amended by adding thereto the following : " And 
if any person shall place, leave, or cause to be placed or left, any 
substance or tiuid in or near to any lake or pond, or stream tribu- 
tary thereto, from wdiich the water supjjly in whole or in }»art of 
any city, towai, or village is taken for domestic purposes, that ' 

may cause the water thereof to become impure or unfit for the 
uses for which it is intended, such person shall l3e punished by 
fine not exceeding twenty dollars or by imprisonment not exceed- ! 

ing thirty days, or both, and any justice of the peace is author- 
ized to hear and determine complaints and to impose the penalties i 
and render judgments in proceedings provided for by this act in a ^ 
similar manner as in other criminal proceedings, and any consta- ] 
ble is authorized to serve any process in proceedings provided for 
by this act, and any board of health or water commission may | 
remove any such substance or fiuid as are rendering the water in 
such lake or pond, or stream tributary thereto, impure or unfit 
for use as aforesaid, and may recover the expense of such removal 
from the person who placed or caused to be placed the same in i 
or near the w^ater as aforesaid, in an action on the case," so that J 
said section 1 of chapter 53 shall read as follows : " Section 1. | 
That section 9 of chapter 111 l)e amended by striking out the | 
Avord ' fifty' (see laws of 1879) in the fifth line and inserting the 
w^ord ' twent}^,' so that the section shall read as follow^s : ' Sec- 
tion 9. If any person shall place or leave, or cause to be placed 
or left, in or near any highway, street, alley, public place, wharf, 
or shall allow to be exposed unlmried any animal or other sub- 
stance liable to become putrid or ofiensive or injurious to the 
public health, he shall incur a penalty of not more than twenty ; 
dollars, to be recovered by the health officers in the name of the 
towai, and the health oflicers shall remove the same; and if any ; 
person shall place, leave, or cause to be placed or left any sub- I 

30 " { 



288 



Chapters 90, 91. 



[1885. 



stance or fluid in or near to any lake or pond, or stream tributary 
thereto, from which the water supply in whole or in part of any 
city, town, or village is taken for domestic purposes, that may 
cause the water thereof to Ijecome impure or unfit for the uses 
for which it is intended, such person shall be punished by fine 
not exceeding twenty dollars or by imprisonment not exceeding 
thirty days, or both; and any justice of the peace is authorized 
to hear and determine complaints and to impose the penalties 
and render judgments in proceedings provided for by this act in 
a similar manner as in other criminal proceedings, and any con- 
stable is authorized to serve any process in proceedings provided 
for by this act, and any board of health or water commission may 
remove any such substance or fluid as are rendering the water in 
such lake or pond, or stream tributary thereto, impure or unfit 
for use as aforesaid, and may recover the expense of such re- 
moval from the person who placed or caused to be placed the 
same in or near the water as aforesaid, in an action on the case.' " 
[Approved August 28, 1885.] 



CHAPTER 91. 

AN ACT TO AUTHORIZE THE PURCHASE OF THE SCAFFOLD CON- 
STRUCTED AND DEPOSITED IN THE STATE PRISON, BY THE SHER- 
IFF OF THE COUNTY OF BELKNAP. 



Section 
1. Scafloltl to be paid for. 



Section 
2. Takes efl'ect, when. 



Be it enacted by the Senate and House of ReiJresentatii'es in General 
Court convened : 



Scaffold to be 
paid for. 



Takes effect, 
when. 



Section 1. That the governor and council are hereby author- 
ized to draw their warrant on the state treasurer for a sum suffi- 
cient to reimburse the sherift" of Belknap county the amount 
expended by him in the construction of the scaftbld or gallows 
now erected at the state prison, and that the same be held by the 
warden for the use, without charge, of the respective sheriffs of 
the several counties. 

Sect. 2. This act shall take effect from and after its approval. 

[Approved August 28, 1885.] 



1885.] Chapters 92, 93. 289 



CHAPTER 92. 

AN ACT IX AMENDMENT OF SECTION 2, CHAPTER 279 OF THE GENERAL 
LAWS, RELATING TO BURGLARY AND BREAKING BUILDINGS. 

Section l. Term of imprisonment increased. 

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

Section 1. That section 2 of chapter 279 of the General Laws, Term of impris- 
relating to burglary and breaking- buildings, be and hereby is crJasTdV"' 
amended by striking out the word " ten " in the sixth line thereof, 
and inserting instead the word " fifteen," so that said section as 
amended shall read: "Section 2. If an}^ person shall, in the 
night-time, break and enter any dwelling-house, office, bank, 
shop, store, or w^arehouse, or any vessel lying within the body of 
any county, with intent to commit any other crime the punish- 
ment whereof ma}- be imprisonment for more than one year, or to 
commit any larceny, he shall be imprisoned not exceeding fifteen 
years." 

[Approved August 28, 1885.] 



CHAPTER 93. 

AN ACT IN REGARD TO FOREIGN INSURANCE COMPANIES AND DUTIES OF 
INSURANCE COMMISSIONER. 



Section 

1. License to be revoliecl in certain cases. 

2. Payment for total and partial losses 

regialated. 



Section 

3. Commissioner to provide standard 

policy. 

4. Repealing clause; takes effect, when. 



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

Section 1. Should any insurance company not organized under License to be 
the law^s, but doing an insurance business within this state, make [arn cases" *^*'^" 
an application to remove any suit or action to which it is a party, 
heretofore or hereafter commenced in any court of this state, to 
the United States district or circuit court, or shall enter into any 
compact or combination with other insurance companies for the 
purpose of governing or controlling the rates charged for fire 
insurance on any property within this state, the insurance com- 
missioner shall forthwith revoke the license or authority of said 
company to transact business, and no renewal of said license or 
authority shall be granted for the period of three years from the 
date of such revocation. 

Sect. 2. In any suit that may be brought in this state against Payment for 

■^ , j> j_ j_ A ^ i. • ^ ^ 11 total and partial 

an insurance company, to recover lor a total loss sustained by nre losses regulated. 



290 



Chapters 93, 94. 



[1885. 



Commissioner 
to provide stan- 
dard policy. 



Repealing 
clause; takes 
effect, when. 



or other casualty to real estate or buildings on the land of another, 
the amount of damage shall be the amount expressed in the con- 
tract as the sum insured, and no other evidence sliall be admitted 
on trial as to the value of the property insured; proridcd, when- 
ever there is a partial destruction or -damage to the property 
insured, it shall be the duty of the company to pay the assured a 
sum of money equal to the damage done to the property. And 
2:)rovkled farfher, that nothing in this section shall be construed 
to prevent the admission of testimony to prove over-insurance 
fraudulently obtained. 

Sect. 3. The insurance commissioner shall provide a standard 
form of policy and contract for companies insuring proyterty in 
this state, and no license shall be granted, and no company allowed 
to do an insurance business, unless it shall conform to the regula- 
tions of the insurance commissioner. 

Sect. 4. All acts and parts of acts inconsistent with the pro- 
visions of this act are hereby repealed, and this act shall take 
effect from and after January 1, 1886, 

[Approved August 29, 1885.] 



CHATTER 94. 



AN ACT TO AID AND INSURE THE PURITY OF ELECTIONS. 



Section 



Section 



1. Voter maj' challenge anj' other vo- i 4. Blank oaths, 



ter; oath. 

'2. Penalty for receiving votes of non- 
jurors. 

3. For S'vearing falsely; aflidavit sworn 
before whom. 



.5. Manner of making complaints. 

6. Hearing of complainants. 

7. Proceedings thereafter. 

S. This act to be read and posted by 
selectmen. 



Be it enacfed b// tJic Senate and. House of Represeidatires in General 
Court convened : 



Voter may 
challenge any 
other voter ; 
oath. 



Section 1. Any voter at any town-meeting may challenge any 
other voter offering to vote at such meeting, and the moderator 
shall not receive the A^ote of such A'oter so challenged until he 
shall make and suljscribe an aflidavit, and shall tender to the 
town clerk or moderator such aflidavit, which shall be in form 
and substance as follows : — 

" T, , solemnly swear that I have not, directly or indi- 

rectly, hired, procured, induced, or in any way influenced, or 
attempted to hire, procure, induce, or in any way influence, by 
payment, promises, oflers of emolument, offers of reward of any 
kind, loans of money or other thing, threats, or intimidation, any 
voter to stay away from this town-meeting, or to avoid voting at 
this town-meeting, or to vote at this town-meeting for or against 
any particular ticket or candidate for office, or to ask, in order to 
disqualify himself from voting at this town-meeting, abatement of 
his taxes, or to be excused from paying his taxes ; nor have I, 



1885.] Chapter 94. 291 

directly or iiulirectly, contributed or furnished, or promised to 
contribute or furnish, any money, goods, or chattels, or any ether 
thing whatsoever, to be used to induce any voter to stay away 
from this town-meeting, or to avoid voting at this town- 
meeting, or to vote at this town-meeting for or against any par- 
ticular ticket or candidate for office, or to ask, in order to 
disquality himself from voting at this town-meeting, the abate- 
ment of his taxes, or to be excnsed from paying taxes ; nor have 
I, either directly or indirectly, been hired or procured, or in any 
way influenced, by payment, promises, otters of emoluments, 
offers of reward of any kind, loans of money or other things, 
threats, or intimidation, to vote at this town-meeting for or 
against any particular ticket or candidate for office; but the vote 
I now otter to cast, and the votes I propose to otter to cast at this 
town-meeting, are in accordance with my solemn convictions of 
duty to my country, uninfluenced by any payment, promises, 
otters of emolument, otters of reward of an}- kind, loans of money 
or other thing, threats, or intimidation whatsoever. So help 
me God. Subscribed and s\\'orn to before me. 



Sect. 2. In case any voter so challenged as aforesaid, at any Penalty for re- 
town-meeting, shall not make and subscribe such affidavit, he uon-j!frors.^^ ° 
shall be denied the right of voting at such town-meeting, and any 
moderator who shall receive the vote of a voter so challenged 
and not making and subscribing said affidavit, shall be punished 
by a fine not exceeding one hundred dollars ($100) nor less than 
fifty dollars {^bO). 

Sect. 3, Any person who shall make and subscribe said affi- For swearing 
davit, and who, in so doing, shall swear falsely, shall be deemed sw.mf^efore'^'^** 
guilty of perjury, and be punished accordingl}'. The affidavit "'"""• 
may be sworn to before any person authorized by law to admin- 
ister oaths, or before the moderator, town clerk, or any one of the 
selectmen or supervisors. 

Sect. 4. The secretary of state shall prepare and distribute to Blank oaths, 
the clerk of each town priiited blaids:s for the oatli aforesaid, at 
the times he is by law required to furnish said clerks with printed 
blanks for the return of votes; and it shall be the duty of said 
clerks to have at hand such blanks at every town-meeting, and to 
keep on file all affidavits that may be made and subscribed and 
taken, ns by this act })rovided, and to make the record of the 
names of the voters making and subscribing such affidavits upon 
the record of the i)i'Oceedings of the town-meeting at wliich said 
affidavits were made and subscribed. 

Sect. 5. On the day of any town or ward-meetinii:, or within Manner of mak- 
thirty days thereafter^ any five voters may make A\-ritten com- '"^ «°'"p'«'"'«- 
plaint to any justice of the peace, or police judge, stating only 
that in their belief the law against briber}' in elections has been 
violated in connection with such town or ward-meeting, and ask- 
ing for an inquiry concerning such violation, and naming the 
witnesses whom they desire to have examined, and thereupon 
such justice or judge shall immediately proceed to make such 
inquiry ; and for that purpose he may issue his subpcena, or com- 
pulsory process, if necessary, to the witnesses named, and to any 



292 



Chapters 94, 95. 



[1885. 



Hearing of com- 
plainants. 



Proceedings 
thereafter. 



This act to be 
read and posted 
by selectmen. 



others, and may examine them in the same manner as he might 
upon a comphiint in a criminal proceeding before him ; and the 
powers, dnties, and habihties of the jnstice, judge, and witnesses 
shall be the same as in such case. 

Sect. 6. Such justice or judge may allow said complainants, or 
either of them, or any person who may seem to be accused, to 
appear before him, personally or by counsel, and to interrogate 
the witnesses ; and he shall take brief notes of the testimony, and 
may also, if he shall deem it necessar}', and not otherwise, reduce 
the testimony of any witness to writing, and cause him to sign 
the same, and shall close said i-nquiry within thirty days from the 
date of the complaint, and make a record of the proceedings, and 
of his notes of the testimony, and any sworn depositions therein, 
and transmit the same at once to the solicitor of the county, who^ 
shall cause proceedings to be instituted for any violation of the 
law which may appear. 

Sect. 7. If any such inquiry, oefore such justice or judge, shall 
disclose any violation of sections 12 and 13 of chapter 36 of the 
General Laws, it shall be the duty of said justice or judge to cause 
due complaint to be made, and the person offending to be appre- 
hended or committed to jail, or bound over, with suthcient sure- 
ties, to the next term of the supreme court. 

Sect. 8. It shall be the duty of the selectmen, at the opening 
of the town-meeting, before any votes are taken, to read this act 
to the meeting, or cause the same to be read ; and also post or 
cause to be posted in some conspicuous place where the town- 
meeting is held, one or more copies of the same. 

[Approved August 29, 1885.] 



CHAPTER 95. 

AN ACT IN AMENDMENT OF SECTION 10, CHAPTER 53 OF THE GENERAL. 
LAWS, RELATING TO THE EXEMPTION OF MANUFACTURING PROP- 
ERTY FROM TAXATION. 



Section 
1. Exemption prohibited in certain 
cases. 



Section 
2. Takes effect, when. 



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



Exemption pro- 
fa ibited in cer- 
tain cases. 



Section 1. Section 10, chapter 53 of the General Laws, is 
hereby amended by adding thereto the following words: '■^ jiro- 
vided, that no manufacturing establishment, or the capital used in 
operating the same, which shall be removed from one town or 
city in this state to another town or city in this state, shall, as a 
condition of such removal, be so exempted from taxation by the 
town or city to which the same shall be removed," so that said 
section shall read : " Section 10. Towns may by vote exempt 



1885.] Chapters 95, 96, 97. 293 

from taxation, for a term not exceeding ten years, any establish- 
ment therein or proposed to be erected or put in operation therein, 
and the capital used in operating the same for the manufacture of 
fabrics of cotton, wool, wood, iron, or any other material ; and 
such vote shall be a contract binding for the term specified ; 
provided, that no manufacturing establishment or the capital used 
in operating the same, which shall be removed from one town or 
city in this state to another town or city in this state, shall, as a 
condition of such removal, be so exempted from taxation by the 
town or city to Avhich the same shall be removed." 

Sect. 2. This act shall take effect on the first day of January, Takes effect, 
1886. 

[Approved August 29, 1885.] 



CHAPTER 96. 

AN ACT FOR THE BETTER PROTECTION OF LIFE AND PROPERTY, 
Section l. Penalty for illegal carriage ami use of explosive compounds. 

Be it enacted by the Senate and House of Bcpresentatifes in General 
Court conrened : 

Section 1. Xo person shall transijort or have in his possession Penalty for nie- 

ty J_^ c 1 ,• • ^ ^• gal carriage and 

for the purpose of transporting in any public conveyance, nor use of explosive 
shall any person leave, deposit, or have in his possession in any compounds, 
dwelling-house, shop, or manufactory, dynamite, giant powder, 
nitro-glycerine, or any explosive compound of which nitro-glycer- 
ine forms a part. Any violation of this act shall be punished by 
a fine of not more than five hundred dollars nor less than one 
hundred dollars. 

[Approved August 29, 1885.] 



CHAPTER 97. 

AN ACT IN RELATION TO THE LIABILITY OF HOTEL-KEEPERS. 

Section i section 

1. Condition of hotel-keeper's liability. I 2. Takes effect, wlien. 

Be it enacted, hi) the Senate and. House of Representedives in General 
Court convened : 

Section 1. N'o hotel-keeper shall be lial)le for losses sustained condition of ho- 
by his guest, except for wearing apparel, articles ^vorn or carried J,f,jj''^®P®'^'* ^'*" 
upon the person to a reasonable amount, personal baggage, and 
money necessary for traveling expenses and personal use, unless 
upon delivery or offer of delivery by such guest of his money, 



294 



Chapters 97, 98. 



[1885. 



Takes effect. 
when. 



jewelry, or other property to such hotel-keeper, his agent or ser- 
vants, for safe custody ; i^rovided, that a copy of this act is posted 
in the office of the hotel of such hotel-keeper, and in the room of 
such guest. 

Sect. 2. This act shall take effect on its passao-e. 

[Approved August 29, 1885.] 



CHAPTER 98. 

AX ACT RELATING TO RAILROAD CROSSINGS, AND THE DUTIES OF RAIL- 
ROAD COMMISSIONERS IN CERTAIN CASES. 



SECTION' 

1. Warning signs. 

2. Their construction. 

3. Wlien not required. 

4. Wliistling and bell-ringinj 
b. Grade crossings. 



Section 
G. Highway crossings. 
7. Same subject. 
S. Same subject. 
9. Repealing clause ; takes effect, when. 



Be it enacted by the Se)mte and House of Bepvesentatives in General 
Court convened : 



Their construe 
tion. 



When not re- 
quired. 

Whistling anil 
bell-ringing. 



Warning signs. Section 1. Evcry railroad corporation shall maintain warning 
signs at every railroad crossing at grade, except as hereinafter 
provided. 

Sect. 2. Such warning signs shall be constructed upon a uni- 
form pattern, to be determined by the railroad commissioners ; 
but Avarning signs alread}" in existence and legible shall not be 
required to be of the established pattern, except as they are 
renewed. 

Sect. 3. j^o warning signs shall be required to be placed at a 
crossing where gates or a flagman are employed. 

Sect. 4. When a locomotive approaches within eighty rods of 
a crossing over a highway at grade, the whistle shall be sounded 
by two long and two short whistles, and the bell shall be rung 
until the locomotive passes the crossing. Prodded, that no 
whistle need be sounded in cities and villages, where upon peti- 
tion and complaint the board of railroad commissioners shall 
decide that it is not necessar}'. 
Grade crossings. Sect. 5. ^o railroad shall be constructed across another rail- 
road at grade without the consent in writing of the board of 
railroad conmiissioners. 

Sect. (3. When a railroad is hereafter laid out across a high- 
way or other way, it shall be constructed so as not to unreason- 
ably obstruct the same, and unless the railroad commissioners 
authorize a crossing at grade, it .shall be constructed so as to pass 
either over or under the highway or other way ; and whenever 
aii}^ railroad now existing or hereafter constructed crosses any 
highway or other way at grade, if such higlnvay or other Ava}' is 
so situated that in the ordinary running of trains it is impossible 
to avoid a detention lousier than two minutes, the railroad com- 



Higliway cross 
ings. 



1885.] Chapters 98, 99. 295 

missioners, upon petition, after hearing all persons interested 
therein, niaj prescribe and establish such regulations and restric- 
tions relating to the time of obstructing such highway or other 
way, by placing or running engines, cars, or trains thereon, as in 
their judgment are proper for the protection of the public; pro- 
vided, that in no case shall such obstruction exceed five minutes ; 
and an appeal from all decisions of the board of railroad commis- 
sioners under this act shall l)e had to the supreme court of the 
state. 

Sect. 7. A railroad cor^^oration may raise or lower a highway same subject. 
or other way for the purpose of having its road pass over or under 
the same, but before proceeding to bridge or excavate for the pur- 
pose of crossing the same, the railroad commissioners shall be 
notified and the board shall give opportunity for any parties to 
appear and be heard before giving its Avritten consent to the pro- 
posed change in the manner of crossing. 

Sect. 8. A railroad corporation may alter the course of a high- same subject. 
way or other way for the pur];)ose of facilitating the crossing" of 
the same by its road or of permitting its road to pass at the side 
thereof without crossing, upon obtaining the written consent of 
the railroad commissioners, but such consent shall not be given 
until all parties in interest shall have been duly notitied and heard. 

Sect. 9. All acts and parts of acts inconsistent with this act Repealing 
are herebv repealed, and this act shall take effect upon its passas^e. effe"ct'when! 

[Approved August 29, 1885.] 



CHAPTER 9 9. 

JOINT RESOLUTION AUTHORIZING CERTAIN REPAIRS OF THE STATE 

HOUSE. 

Awnings to be placed over west windows of representatives' ball. 

jResolrcd hi/ the Senate and House of Representatlccs in General 
Court conrened : 

That the sergeant-at-arms be and hereby is directed to cause A""'''gs to be 

-r, -i. •/■•ii> 1 IT 11 placed over west 

Italian awnings ot suitable size to be placed over the three west windows of rep- 
windows of the house of representatives. resentatnes 
[Approved July 9, 1885.] 



296 



Chapters 100, 101. 



[1885. 



CHAPTER 100. 

JOINT RESOLUTION RELIEVING THE ASHUELOT SAVINGS BANK FROM 
LIABILITY FOR TAXES. 



Preamble. 



Preamble. 



Preamble. 



Relieved from 
liability on ac- 
count of taxes. 



Relieved from liability on itecount of taxes. 

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

Whereas, the Aslmelot Savings Bank, formerl}' located at 
Winchester in our county of Cheshire, on the twenty-fourth day 
of March, 1881, ceased doing business and passed into the hands 
of an assignee ; and on the fifteenth day of IS'ovemher, 1881, a 
dividend of sixty per cent of their deposits was ordered by the 
court and was paid to the depositors, which payment, by reason 
of doubtful paper and suits then pending, both against and in 
favor of said bank, gave to the depositors all which it was certain 
that they would ever receive ; and because of this condition of 
the affairs of the bank no state taxes for the years 1882, 1883, 
1884, 1885, have been demanded or paid; and 

Whereas, something has been realized from said doubtful 
paper, and tlie suits aforesaid having lately resulted favorably to 
said bank, the assignee now has in his hands about ten per cent 
additional for distnbution among said depositors ; and 

Whereas, before dividing the same it is desirable on the part 
of the assignee that all possible questions relating to the payment 
of taxes be settled, 

Resoked, that the said Ashuelot Savings Bank be fully relieved 
from any and all liabilitv to the state on account of taxes. 

[Approved July 10, 1885.] 



CHAPTER 101. 

.lOINT RESOLUTION IN REFERENCE TO THE DISTRIBUTION OF THE 
HITCHCOCK GEOLOGICAL WORKS. 



Fifty copies geo- 
logical works to 
be disposed of. 



Fifty copies geological works to be disposed of. 

Resolved hij the Senate and House of Representatives in General 
Court convened, : 

That the governor and council be and are hereby authorized to 
exchange or present sets of the Hitchcock geological works to 
such institutions and libraries as they shall deem for the best in- 
terests of the state, 2»'orided, that the number so exchanged or 
presented shall not in all exceed iifty sets. 

[Approved July 10, 1885.] 



1885.] Chapters 102, 103. 297 



CHAPTER 102. 

JOINT RESOLUTION AUTHORIZING REPAIRS ON THE STATE HOUSE. 
Necessary repairs authorized. 

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

That the sum of two thousand dollars, to be expended under Necessary re- 

,1 T ,• £• , 1 1 •^ ^ ^ 1 ^ • pairs authorized. 

the direction or tlie governor and council, be and hereb}' is appro- 
priated for the purpose of repairing the clumneys and roof of the 
state house, for repairing the stucco work and whitening the ceil- 
ings and walls of the senate chamber, the representatives' hall, 
the committee rooms, and corridors ; for putting in a stairway 
from the office of the secretary of state to the room below, and 
for making such other repairs on the state house as may be 
deemed necessary ; and the governor is authorized to draw his 
warrant for the whole sum or such part thereof as may be 
required for the purposes enumerated. 
[Approved July 10, 1885.] 



CHAPTER 103. 

JOINT RESOLUTION FOR THE APPOINTMENT OF "ARBOR DAY " BY 

THE GOVERNOR. 

A day for planting trees, etc. to be appointed by executive proclamation. 

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

That the governor, with advice and consent of the council, be a day for piant- 
requested to appoint a day annually by proclamation to be desig- bfappofAt«i'by 
nated as " arbor day," to be observed throughout the state as a ^X""" ^'"°°'^' 
day for planting trees, shrubs, and vines about the homes and 
along highways, and about the public grounds of the state, thus 
contributing to the wealth, comforts, and attractions of our com- 
monwealth. 

[Approved July 10, 1885.] 



298 



Chapters 104, 105. 



[1885. 



CHAPTER 104. 

JOINT EESOLUTION FOR THE REPAYMENT OF THE TAX ERRONEOUSLY 
ASSESSED UPON AND PAID BY THE GRANITE STATE TELEPHONE 
COMPANY. 

Tax refunded. 

Preamble. AVhereas, tliG stock of tliG Granite State Telephone Company, 

a corporation duly established by law and doing business in this 
state, ^vas taxed to the holders thereof, by the local authorities 
of the towns, in this state and else\^'here, where the said holders 
lived for the year 1883, and said tax was paid by said stock- 
holders to said local authorities ; and 

Preamble. Whereas, the State treasurer of said state assessed upon said 

stock a tax of one thousand fourteen dollars and nineteen cents 
for said year 1883, which said tax was paid Ijy said corporation 
to said treasurer under protest, on the 31st day of October, 1883, 
said corporation claiming said tax to l)e illegal and unconstitu- 
tional ; and 

Preamble. Whereas, the suprcme court for the county of IMerrimack at 

the October term, 1884, thereof, upon a petition tiled in said 
court by said corporation for that purpose, ordered said tax of 
one thousand fourteen dollars and nineteen cents assessed by said 
state treasurer as aforesaid to be abated ; therefore, 

Resolved by the Senate and House of Bepresentatifcs in General 
Ccmrt convened : 

Tax refunded. That tlic statc trcasurcr lie authorized to refund to the Granite 
State Telephone Company the sum of one thousand fourteen 
dollars and nineteen cents, the amount of said tax assessed and 
received by said state treasurer as aforesaid. 
[Approved July 10, 1885.] 



CHAPTER 105. 

JOINT RESOLUTION IN AID OF THE VETERAN SOLDIERS OF THE STATE 
OF NEW HAMPSHIRE, AND FOR THE PURCHASE OF LAND AND 
ERECTION OF MONUMENTS ON THE BATTLEFIELD OF GETTYSBURG. 



$•2,500 appropri- 
ated for veter- 
ans' headquar- 
ters. 



$2,.")00 appropriated for veterans' liead- 

qiiarters. 
Agent. 



$•2,000 for monuments. 
$1,000 for lots. 
Assents. 



Besolccd Uij fhc Senate and House of BejJresentatives in General 
C'onrt conrened : 

That the sum of twenty-five hundred dollars be and hereby is 
appropriated to the use of the New Hampshire Veterans' Asso- 



1885.] Chapters 105, 10(3, 107. 299 

elation, to be expended as follows : Two tliousand dollars for the 
erection of a building for the headquarters of the association, and 
live hundred dollars for repairs of buildings and for the introduc- 
tion of water to the same. 

That the appropriation be expended by an agent appointed by Agent. 
the governor. When the expenditures of said agent shall be 
approved by the governor and council a warrant shall l^e drawn 
upon the treasury to pay the same. 

That there be allowed and be paid out of the state treasury a $2,000 for monu- 
sum not exceeding five hundred dollars to each of the following ™®"**' 
named organizations, viz. : Second, Fifth, and Twelfth regiments 
of infantry, and the First battery of light artillery, all jSTew 
Hampshire volunteers and engaged in the battle of Gettysburg, 
Pennsylvania, for the purpose of erecting suitable monuments on 
the said battlefield ; and that the further sum of one thousand si,ooo for lots, 
dollars be appropriated for the purchase of a suitable plot of land 
on which said monuments shall be placed ; and that the sums 
above named be paid upon the approval of the governor and 
council to a duly authorized officer or committee of each associa- Agents. 
tion of the aforementioned organizations. 

[Approved July 16, 1885.] " 



CHAPTER 106. 

JOINT RESOLUTION RELATING TO OFFICE FOR BANK COMMISSIONERS, 
Office foi' bank commissioners. 

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

That the bank commissioners be provided with an office either office for bank 
in the state house or some other suitable place in the city of •^""^^"'^^io^ers. 
Concord. 

[Approved July 23, 1885.] 



CHAPTER 107. 

JOINT RESOLUTION PROVIDING FOR INDEXING THE PUBLIC RECORDS. 
$1,200 annually for two years. 

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

That the sum of twelve hundred dollars a year for two years, $1,200 annually 
to be expended under the direction of the governor and council, ^o'' t"'° y*'-'"'^- 



300 Chapters 107, 108, 100. [1885. 

be and is hereby appropriated for continuing tlie work of index- 
ing the records in the oflice of the secretary of state, as pro\aded 
in the act approved September 11, 1883. 
[Approved July 23, 1885.] 



CHAPTER 108. 

JOINT RESOLUTION OF THANKS FOR PORTRAITS. 
Thanks for portraits. 

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

Tiiauks for por- That tlic thauks of the state of I^^ew Hampshire be presented 
to the following persons for their generous gifts to the state, viz. : 
The children of Hon, .Joel I'arker for the portrait of their father, 
and Jolm W. Edgerley for the portrait of Hon. George G. Fogg; 
and that a copy of this resolution be transmitted by the secretary 
of state to the donors. 

[Approved July 23, 1885.] 



CHAPTEE 109. 

JOINT RESOLUTION FOR THE USUAL APPROPRIATION FOR THE STATE 

LIBRARY. 

$500 annually for two years. 

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

S500 annuuiiy That tlic suui of five huudrcd dollars be and the same is hereby 
for two years, ^^pp^.^pj-j.^^e^l ^^^ ^.^^^]^ of ^j^^ ycars 1885 and 1886 for the use of the 

state library, to be expended b}' the trustees in purchasing and 

binding books for the said librar3\ 
[Approved July 29, 1885.] 



1885.] Chapters 110, 111, 112. -301 



CHAPTER 110. 

JOINT RESOLUTION IN RELATION TO THE NEW HAMPSHIRE STATE 

PRISON. 

$400 for prison library. 

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

That the sum of four hundred dollars be and the same is hereb}- 84oo for prison 
appropriated for the benefit of the prison library for the ensuing ^'^'"''''■i'- 
two years, and the governor is hereby authorized to draw his war- 
rant for the same on any moneys in the treasury not otherwise 
appropriated. 

[Approved July 29, 1885.] 



CHAPTER 111. 

JOINT RESOLUTION FOR THE IMPROVEMENT OF THE STATE CAMP 

GROUND. 

$1,000 appropriated. 

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

That the sum of one thousand dollars be and hereby is appro- $i,ooo appropri- 
priated for the improvement of the state camp ground, at Con- ^*^'^' 
cord. Said sum shall be expended under the direction of the 
adjutant-general, and the governor is lierel)}' authorized to draw 
his warrant on the state treasurer therefor. 

[Approved August 5, 1885.] 



CHAPTER 112. 

JOINT RESOLUTION RELATING TO A CLERK FOR THE STATE BOARD 

OF HEALTH. 

$500 appropriated. 

Resolved by tlie Senate and. House of Representatives in General 
Court convened : 

That in consequence of the largely increasing labor in the oifi.ce $5oo appropria- 
of the state board of health, and the considerable amount of time '^'^' 



302 



Chapters 112, 113, 114. 



[1885. 



now required of the secretary in ditt'erent parts of the state in 
carrying out the demands made upon the hoard, the sum of five 
hundred dohars, or such part thereof as may he needed, is herehy 
annually appropriated for the clerical expenses of that depart- 
ment ; and the governor is herehy authorized to draw his war- 
rant for the payment of the same out of any mone}' in the treasury 
not otherwise appro})riated. 
[Approved August 12, 1885.] 



CHAPTER 113 



JOINT RESOLUTION IN FAVOR OF MRS. A. W. BRYANT. 



Preamble. 



$30 appropri- 
ated. 



Preamble; $30 appropriated. 

Whereas, the coupon for the interest due January 1, a. d. 
1884, upon state of is'ew Hampshire municipal war loan hond 
No. 704, for one thousand dolhirs helonging to Mrs. A. AV. Bry- 
ant of I^ewcastle, Maine, and amounting to thirty dollars, has 
been accidentally lost ; 

Rc-ok&J bji the SciKffc aiitl House of Representatircs in General 
Court eoiirened : 

That the state treasurer he authorized to pay to Mrs. A. W. 
Bryant the sum of thirty dollars, upon the receipt of satisfactory 
security to refund the amount, with all costs, interest, and 
charges, in case said coupon shall hereafter be presented by any 
person lawfullv entitled thereto. 

[Approved August 12, 1885.] 



CHAPTER 114. 

JOINT RESOLUTION IN FAVOR OF THE GRANITE STATE DEAF MUTE 

MISSION. 

$150 appropriated annually tor two years. 

Resolved hy the Senate and House of Represented ires in General 
Court conveneel : 



$150 appropri- That tlic suui of 0110 liuiidred and fifty dollars annually be 
ated annually appropriated for the use of the Granite State Deaf Mute Mission 

for two years. i ■ -i • i i • i i j.i 

during tlie coming two years ; and the governor is hereby author- 
ized to draw liis ^'arrant for the same upon any money in the 
treasury not otherwise appropriated. 
[Approved August 12, 1885.] 



1885.] Chapters 115, 116. 303 



CHAPTER 115. 

JOINT RESOLUTION IN FAVOR OF THE FIRST BATTALION OF NEW 
HAMPSHIRE SHARPSHOOTERS. 

§500 appropriated. 

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

That there be allowed and paid out of the state treasury the $500 appropri- 
sum of five hundred dollars to the First battalion of sharpshoot- "'®'^" 
ers of the state of ISTew Hampshire, an organization of New 
Hampshire volunteers engaged in the battle of Gettysburg, Pa., 
for the purpose of erecting a suitable monument on said battle- 
field ; and that the sum above named be paid, upon the approval 
of the governor and council, to a duly authorized oificer or coiu- 
mittee of said association. 

[Approved August 13, 1885.] 



CHAPTER 116. 

JOINT RESOLUTION IN FAVOR OF JOHN W. ODLIN, FOR SERVICES AS 
STENOGRAPHER TO THE LAKE COMMISSIONER. 

$101.30 aiipropriated. 

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

That the sum of one hundred and one dollars and thirty cents $101.30 appro- 
is hereby appropriated to pay John W. Odlin for services as^'"*^" 
stenographer to the lake commissioner, and the governor is 
hereby authorized to draw his warrant therefor. 

[Approved August 13, 1885.] 
21 



304 



Chapter 117. 



[1885. 



CHAPTEE 117. 

JOINT RESOLUTION TO PROVIDE FOR TAKING THE SENSE OF THE 
QUALIFIED VOTERS OF THE STATE AS TO THE EXPEDIENCY OF 
CALLING A CONSTITUTIONAL CONVENTION. 

Section I section 

1. Sense ot voters to be taken in March, [ 3. Tickets to be prepared. 

l'^'^'^- i 4. Town clerks to make return of votes. 

2. Special meetings to be lield in wards 

of cities. I 

Besolved Inj the. Se/iafe arid House of JRepresentaiires in General 
Court conrened. .- 



Sense of voters 
to be taken in 
March, 188G. 



Special meetings 
to be held in 
wards of cities. 



Tickets to be 
prepared. 



Town clerks to 
make return of 
votes. 



Section 1. That the selectmen of the several towns and places 
in this state be directed to insert in their several warrants calling 
town -meetings for the election of town oilicers on the second 
Tnesday of March, 1886, an article which shall require the sense 
of the qnalihed voters to be taken on the following question, 
viz. : Is it expedient that a convention be called to revise the con- 
stitution ? 

Sect. 2. That the selectmen of the several wards in all of the 
cities of this state not holding their annual or biennial city elec- 
tion upon said second Tuesday of March, be directed to call special 
meetings of the qualitied voters in their respective wards, upon 
said second Tuesdny of March, and to insert an article in like 
terms in the warrants calling such meetings. 

Sect. -3. That the secretary of state furnish the t0A\'n clerks of 
the several towns and wards, at least ten days before said second 
Tuesday of March, a number of tickets equal to twice the num- 
ber of votes cast for governor at the last biennial election, upon 
which tickets sliall be printed the aforesaid question with the 
answer " 3'es," and a like number of tickets upon which sliall be 
printed the aforesaid question and the answer "no," all of which 
tickets the said town clerks shall have at the places of voting in 
their respective towns and wards, for the use of the voters at the 
opening of said meetings. 

Sect. 4. That the town clerks of tlie several towns and wards 
in this state, within thirty days after said second Tuesday of 
March, sliall make return to the secretary of state of the num- 
ber of votes cast for, and also of the number of votes cast against, 
the calling of a convention to revise the constitution. 

[Approved August 13, 1885.] 



1885.] Chapters 118, 119, 120. 305 



CHAPTER 118. 

JOINT RESOLUTION IN FAVOR OF JOHN T. ABBOTT. 
§339.64 appropriated. 

Resolved hy the Senate and House of Bepreseniatires in Genercd 
Court convened: 

That the sum of three hundred and tliirty-nine dollars and ^339-^ appro- 
sixtj-four cents he allowed and paid John T. Ahl)ott for his 
services and disbursements as commissioner under and hy virtue 
of an appointment made in accordance with chapter 145 of the 
Session Laws of 1883. 

[Approved August 13, 1885.] 



CHAPTER 119. 

JOINT RESOLUTION FOR AN APPROPRIATION FOR THE NEW HAMP- 
SHIRE COLLEGE OF AGRICULTURE AND MECHANIC ARTS. 

§3,000 annually for two years. 

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

That the sum of three thousand dollars he and hereby is appro- $3,000 annually 
priated annually to the 'Ne^y Hampshire College of Agriculture f""" ^^'^ y®**"- 
and the ^lechanic Arts, to be annuall}" expended for two years in 
providing free tuition for all students in said college who are 
residents of the state, and in paying the general expenses of the 
college in such manner as the trustees may direct ; the said sum 
to be drawn from the treasur}' in semi-annual payments from any 
moneys not otherwise appropriated. 

[Approved August 13, 1885.] 



CHAPTER 120. 

JOINT RESOLUTION IN RELATION TO THE DUTIES OF THE ADJUTANT- 
GENERAL. 

$200 conditionally appropriated for making abstracts of military records. 

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



$200 condition- 



That the adjutant-general is hereby authorized to prepare ah- ale^f^rZiking 
stracts from the records of his office for the use of any persons abstracts of miii- 

'' ■*• tary records. 



306 



Chapters 120, 121, 122. 



[1885. 



actually engaged in the preparation of histories of regiments or 
other military organizations, or the military history of towns in 
this state ; and for such clerical assistance as may be necessary to 
enable him to perform said duties, he shall be paid out of any 
money in the treasury not otherwise appropriated, upon due war- 
rant of the governor; i^rovided, that such abstracts shall not be 
required under this resolution unless the preparation of such his- 
tories shall have been authorized by vote of the town or city or 
veteran association to which it particularly relates; and further 
proiided, that the expense for clerk hire shall in no case exceed 
two hundred dollars in any one year. 
[Approved August 13, 1885.] 



CHAPTEE 121. 

JOINT RESOLUTION IN FAVOR OF A. J. SHURTLEFP, FOR FEES FOR 
SERVICES RENDERED THE LAKE COMMISSIONER. 

$50.50 appropriated. 

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

S50 50 appropri- That tlic sum of lifty dollars and fifty cents be and hereby is 
appropriated to be paid to A. J. Shurtleff for fees for services a& 
stenographer, rendered the lake commissioner. 
[Approved August 13, 1885.] 



CHAPTER 122. 

JOINT RESOLUTION IN FAVOR OF EVERETT HILL, TO REMUNERATE 
HIM FOR LOSS OF CATTLE. 

$200 appropriated. 

Hesolved by the Seriate and House of Representatives in General 
Court convened .- 



f fed *PP'^°P"' That the sum of two hundred dollars be and the same is hereby 
appropriated to be paid Everett Hill for loss of cattle killed by 
order of the board of health, and the governor is hereby author- 
ized to draw his warrant for the same. 
[Approved August 13, 1885.] 



1885.] Chapters 123, 124. 307 



CHAPTER 123. j 

,i 

JOINT RESOLUTION AUTHORIZING THE GOVERNOR TO APPOINT COM- { 

MISSIONERS TO SETTLE THE BOUNDARY LINE BETWEEN THIS I 

STATE AND THE COMMONWEALTH OF MASSACHUSETTS, 1 

1 
Three commissioners to be appoiuted. I Copy to be sent to governor of Mas- i 

Their compensation. sachusetts. j 

Repealing clause. | 

Resolved by the Senate and House of Representatives in General \ 

Court convened: \ 

i 

That his excellency the governor, with the advice and consent Three commis- \ 

of the council, be and hereby is authorized and requested to po^ted.*^" ^^ ^^' 
appoint three commissioners on the part of this state, to meet 
such commissioners as may be appointed on the part of the said I 

commonwealth of Massachusetts, under and by virtue of a re- I 

solve approved June 19, 1885, for the purpose of ascertaining 
and establishing the true jurisdictional boundary line between 
the tw^o states. 

That said commissioners are to serve without pay, but all their Their compensa- 
necessary expenses shall be approved by tlie governor and coun- *'°"' ■ 

cil, and paid out of the treasury of the state, ; 

That all previous legislation inconsistent herewith is hereby Repealing ' 

repealed, '='""^^- 

That his excellency the governor be requested to transmit a copy to be sent 
copy of this resolution to his excellency the governor of the Mals^husetts. 
commonwealth of Massachusetts. 

[Approved August 19, 1885.] i 



CHAPTER 124. 

JOINT RESOLUTION FOR THE RELIEF OF JOHN C, KEENAN, LATE SEC- 
OND LIEUTENANT COMPANY F, TENTH REGIMENT NEW HAMPSHIRE 
VOLUNTEERS, 

Claim to be investigated. 

Resolved % the Senate and House of Rejyresentatives in General 
Court convened : 

That the governor and council are hereb}^ authorized to exam- ciaim to be it 
ine and audit the claim of John C. Keenan, late second lieutenant '"'^•'S'**^'^- 
of Company F, Tenth regiment New Hampshire volunteers, for 
money expended and services rendered by said Keenan for the 
state ; and if said claim or any part thereof be found due said 
Keenan, the governor is hereby authorized to pay the same with 
interest, out of any money in the treasury not otherwise appro- 
priated, 

[Approved August 19, 1885.] 



308 



Chapters 125, 126. 



[1885. 



CHAPTER 125. 

JOINT RESOLUTION TO APPROPRIATE MONEY TO PAINT THE FENCE 
AROUND THE DUSTON MONUMENT. 

$30 appropriated. 

Resolved hi/ the Senate and House of Represeyitatices in General 
Court convened : 



$30 appropri- 
ted. 



That a sum of money not exceeding thirty dollars be and the 
same is hereby appropriated out of any money in the treasury 
not otherwise appropriated, for the purpose of painting the iron 
fence around tlie Duston monument, and that the governor shall 
be authorized to draw his warrant therefor. 

[Approved August 25, 1885.] 



CHAPTER 126. 

JOINT RESOLUTION RELATING TO THE APPROPRIATION OF MONEY 
FOR THE PRESERVATION OF ENDICOTT ROCK, AT WEIRS, IN THE 
TOWN OF LACONIA. 

$720 appropriated. 

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



$720 appropri- 
ated. 



That the sum of seven hundred twenty dollars be and hereby 
is appropriated for the preservation, protection, and appropriate 
designation of the Endicott rock at the Weirs, in the town of 
Laconia, in addition to any amount now remaining in the hands 
of the commission appointed under and by virtue of a joint reso- 
lution approved September 7, 1883, the whole or an}^ needed 
part of which shall be expended under the direction of the said 
commission, to be paid out of any mone\' in the treasury not 
otherwise appropriated, and that the governor be and hereby is 
authorized to draw his warrant therefor. 

[Approved August 25, 1885.] 



1885.] Chapters 127, 128. 309 



CHAPTER 127. 

JOINT RESOLUTION IN REGARD TO PUBLISHING A BOOK OF NEW 
HAMPSHIRE CITATIONS, AND A COMPLETE OR SUPPLEMENTARY 
DIGEST OF THE NEW HAMPSHIRE REPORTS. 

350 copies of book of citations and digest of reports to be procni-ed. 

BesoUed hy the Senate and House of Bepresentatives hi General 
Court convened : 

That the governor, under the direction and by the advice of the ■sso copies of 
supreme court, is hereljy authorized to contract with the pubUsher and digest of re- 
ofRay and AYalker's New Hampshire citations, or with the pub- loured.'" *" ^'■°' 
hsher of any similar work having the same ol)ject and purposes 
in view, accordingly as said court on examination and comparison 
may advise, for three hundred and lifty copies of the work the 
court shall select, provided the same can be obtained at a reason- 
able price, said copies, if obtained, to be distributed as the N'ew 
Hampshire reports are now distributed ; and that the governor is 
also authorized, under the same direction andl)y the same advice, 
to contract in like manner with some suitable person for a like 
number of copies of either a complete or a supplementary digest 
of the i!^ew Hampshire reports, to l)e in like manner distributed. 

[Approved August 25, 1885.] 



CHAPTER 128. 

JOINT RESOLUTION FOR THE ERECTION OF A MONUMENT AT THE 
GRAVE OF MATTHEW THORNTON. 

Section j Section 

1. $1,000 appropriated. 3. Town of IMerrimack may appropri- 

2. Executive to procure monument. i ate S-JOO. 

Besolved h// the Senate and House of Bepresentedlres in General 
Court convened : 

Section 1. That a sum not exceeding one thousand dollars be si,ooo appropri- 
and hereb}- is appropriated for procuring and erecting in the ^^^^' 
town of Merrimack a suitable granite monument at the grave of 
Matthew Thornton, one of the signers of the Declaration of In- 
dependence, provided said town prepare and furnish proper 
grounds and foundation upon which to erect such monument. 

Sect, 2. That the governor and council are authorized to pro- Executive to 
cure such a monument as they may think a credit to the state, p'', 
and direct its construction and erection ; and the governor is 
hereby authorized to draw liis warrant for the sum named, out 
of any money in the treasury not otherwise appropriated. 



31'ocure monu- 



310 Chapters 128, 129, 130. [1885. 

TownofMerri- Sect. 3. The towii of Memmack is hereby authorized, by a 
^ropdSsoo. vote of the town at a legal meeting duly called for that purpose, 
to raise or appropriate any sum not exceeding five hundred dol- 
lars, to prepare and furnish proper grounds and foundation for 
said monument. 

[Approved August 28, 1885.] 



CHAPTER 129. 

JOINT RESOLUTION IN FAVOR OF HENRY 0. KENT. 
S49.16 appropriated. 

Resolved hy the Senate and House of Bepresenta.tkes in General 
Court convened : 

$49.16 appropri- That tlic suui of forty-uiue dollars and sixteen cents be paid to 
ated. Henry 0. Kent out of any money in the treasury not otherwise 

appropriated, for expenses by him incurred, under the direction 

of a joint select committee. 
[Approved August 28, 1885.] 



CHAPTER 130. 

JOINT RESOLUTION TO DEFRAY THE EXPENSES ATTENDING THE OBSE- 
QUIES OF THE LATE GENERAL GRANT. 

$1,G00 appropriated. 

Resolved hj the Senate and House of Representatives in General 
Court convened.: 

$1,600 appropri- Tluit sixtceu liuudred dollars, or so much thereof as may be 
^^^^- necessary, are hereby appropriated to defray the expenses incurred 

in draping the state house and the legislative and executive 
chambers, and to discharge the cost of transportation and sub- 
sistence for the governor and his staff and the joint legislative 
committee to New York, in attendance upon the funeral of the 
late General Grant ; and the governor is hereby authorized to 
draw his warrant for the same, on the presentation of proper 
vouchers, out of any money in the treasury not otherwise appro- 
priated. 

[Approved August 28, 1885.] 



1885.] Chapters 131, 132. 311 

CHAPTER131. 

JOINT RESOLUTION IN FAVOR OF JASON J. BURLEY. 
$279.31 appropriated. 

Resolved hy the Senate (uul House of JRejjresentatives in General 
Court convened : 

That Jason J. Burley be allo^Yed the sum of two hundred sev- $279.31 appro- 
entj-nine dollars and thirty-one cents (|279.81), the same being p"*'"*^- 
the expense incurred by him for witnesses and summoning- the 
same to maintain his right to a seat in this house, 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 for the same. 

[Approved August 28, 1885.] 



CHAPTER 132. 

JOINT RESOLUTION IN RELATION TO THE REPAIRS OF HIGHWAYS IN 
THE NORTHERN PART OF THE STATE. 

$3,'200 appropriated. 

Resolred hy the Senate and House of Representatires in Genercd 
Court convened: 

The following annual appropriations for the years 1885 and 1886 «3,2oo appropri- 
are hereljy made in the sums and for the repairs of the roads 
specified, namely : — 

Three hundred dollars for the highway in the town of Dixville. Dixviiie. 

One hundred dollars for the highway in the town of Millstield. Miusfieid. 

Three hundred dollars for the highway in the town of Errol, Erroi. 
lying bctA^'een Errol dam and the south lino of Wentworth's 
Location. 

Three hundred dollars for the new highway in the town of Erroi. 
Errol, leading from the old road near the dwelling-house of 
Luman H. Grover in said Errol, down the Androscoggin River 
to the east line of Dummer. 

Two hundred dollars for tJie highway in the town of Dummer, Dummer. 
commencing at the east line of Dummer on the west side of the 
Androscoo-gin River, thence down the river to the north line of 
Milan. 

Seventy-five dollars for the highway in Wentworth's Location, ^cation^'''' * 

Four hundred dollars for the highway in Randolph, Randolph. 

One hundred dollars for the highway in the town of Thornton, Thornton, 
leading througli the Sandwich Notch, from Mad River bridge to 
the Sandwich town line. 



312 



Chapters 132, 133. 



[1885. 



Lincoln. 

Fabyan's. 

Crawford. 
Willey. 

Pittsburg. 
Agents. 



Four liunclred dollars for the highways in the town of Lincoln, 
through the Franconia Xotch. 

Two hundred and fifty dollars for the highway between the 
Fabyan and Crawford Houses. 

Four Inmdred dollars between the Crawford and Willey 
Houses, and three liundred dollars Ijetween the "Willey House 
and the north line of the town of Bartlett. 

Seventy-five dollars for the highway in the town of Pittsburg, 
leading from the outlet of Second Connecticut Lake to Camp 
Chester (so called). 

Said sums to be expended by agents to be appointed l)y the 
governor, with advice of the council. 

[Approved August 28, 1885.] 



CHAPTER 133. 

JOINT KESOLUTION REQUESTING CONGRESS TO AMEND ENACTMENT 
RELATING TO ELECTION OF UNITED STATES SENATORS. 

Preamble; resolution. 



Besoli-ed by the Senate and 
Court convened : 



House of Representatires in General 



Preamble. 



Preamble. 



Resolution. 



Whereas, the legislature of this state lias, at its sessions com- 
mencing in June in each of the years 1879, 1883, and 1885, three 
times elected a United States senator to fill a vacancy happening 
by the expiration of a term on tlie fourth of the preceding March, 
which elections have been thus deferred for three months or more 
after the happening of the vacancies, in assumed conformity to 
the act of congress first enacted July 25, 1866, requiring " the 
legislature of each state which is chosen next preceding the ex- 
piration of the time for which any senator was elected " to choose 
his successor ; and 

Whereas, doubts and contentions have arisen and continue 
within the state concerning the meaning and force of said act of 
congress, and concerning the correctness of such deferred action 
of the legislature, which it is important to have authoritatively 
decided and ended ; therefore, 

Hesolrcd, that the congress of the United States be and is hereby 
requested to take into consideration the statute of the United 
States regulating the election of United States senators, and the 
proper application thereof to the elections of such senators within 
and for the state of ISTew Hampshire under the existing constitu- 
tion and laws of such state ; and that congress be and is hereby 
requested, b}' appropriate declaratory or amendatory enactments, 
to establish a clear and unambiguous rule of proceeding appli- 
cable to such elections within and for said state. 

[Approved August 28, 1885.] 



1885.] Chapters 134, 135. 313 



CHAPTER 134. 

JOINT RESOLUTION IN FAVOR OF JOHN M. CRAWFORD. 
$•250 appropriated. 

Resokal by the Senate and House of Bepresentatk-es in General 
Court convened : 

That the sum of two hundred and fifty dollars be and hereby is »25o appropri- 
appropriated out of am^ rnone}- in the treasuiy not otherwise ^^''^' 
appropriated, to be paid to John AI. Crawford for services and ex- 
penses in i>reparing manuals for the legislature for four years, viz. : 
1879, 1881, 1883, and 1885 ; and the governor is hereby author- 
ized to draw his warrant for the payment of the same. 

[Approved August 28, 1885.] 



CHAPTER 135. 

JOINT RESOLUTION IN RELATION TO OUR NATIONAL DOMAIN. 
American soil for American citizens. 

Resolved by the Senate and House of Rej^resentatices in Genercd 
Court convened: 

That whereas, more than twenty million acres of the lands Preamble. 
of the United States are now held by non-resident aliens, and in 
great measure by the titled and governing class of G-reat Britain; 
and 

Whereas, this non-resident ownership of lands in the United Preamble. 
States may eventually lead to a system of alien landlordism, of 
which the unhappy condition of Ireland is a lamentable example ; 
and 

Whereas, this system of ownership, Avhereby immense landed Preamble, 
estates are in possession of a few individuals to the exclusion of 
actual settlers, is incompatil)le witli the best interests of the 
people, and antagonistic to our free institutions ; and 

Whereas, our remaining public lands, so far as they are Preamble, 
adapted to agriculture, ought to be granted as homesteads or sold 
in small quantities to actual settlers only — citizens of the United 
States, or those intending to become such ; therefore, 

Resolved, that American soil is for Americans and should be ex- Resolution, 
clusively owned and controlled by American citizens and those 
intending to become such ; and 

Resolved, that our senators in congress be instructed, and our Resolution. 
representatives be recpiested to use their utmost endeavors in that 
body to secure the speedy enactment of such laws as will secure 
exclusively to the American people the public lands of the United 



314 



Chapters 135, 136, 137. 



[1885. 



States, and prevent sales to, or the vesting of title to the public 
lands in, any but citizens of this country or those intending to 
become such, to be held b,y individuals only in moderate quanti- 
ties, reserving all the unsold agricultural lands for homesteads for 
actual settlers ; and 
Resolution. BesoU'cd, that the governor be requested to send a copy of this 

joint resolution to each of our senators and representatives in 
congress, to the president of the senate, and to the speaker of 
the house of reiDresentatives, at the opening of the next session 
of congress. 

[Approved August 28, 1885.] 



CHAPTER 136. 



JOINT RESOLUTION ESTABLISHING AN EPIDEMIC FUND. 



$5,000 appropri- 
ated. 



$.5,000 appropriated. 

JResohrd hrj the Senate and House of Bepresentatkes in General 
Court convened : 

That tlie sum of five thousand dollars is hereby appropriated 
as an epidemic fund, to be used, if necessary, under the direction 
of the governor and council, in case of the invasion, or threat- 
ened invasion of cholera or other epidemic disease in this state ; 
and the governor is hereby authorized to draw his warrant for 
the same, or such part of the same as may be needed, out of any 
money in the treasury not otherwise appropriated. 

[Approved August 28, 1885.] 



CHAPTER 137 



JOINT RESOLUTION OF THANKS TO STILSON HUTCHINS, ESQ. 

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

That the thanks of the state are hereby tendered to Stilson 
Hutchins, Esq., for tliegiftof a " framed exhibit of the signatures 
of the administrators of'the Federal government at the beginning 
of the second century, July 4, 1876 " ; that the same be accepted 
and placed in the hall of the house of representatives ; and tliat 
a copy of this resolution, signed by the speaker of the house, the 
president of the senate, and his excellency the governor, be pre- 
sented to the donor. 

[Approved August 28, 1885.] 



1885.] Chapters 138, 139, 140. 315 



CHAPTER 138. 

JOINT RESOLUTION IN FAVOR OF THE ENGROSSING CLERK. 
$100 appropriated. 

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

That the sum of one hundred dollars be allowed to the engross- $ioo appropri. 
ing clerk for extra clerk hire during the session ; and the governor 
is hereby authorized to draw his warrant for the same out of any 
monev in the treasury not otherwise appropriated. 

[Approved August 28, 1885.] 



CHAPTER 139. 

JOINT RESOLUTION IN FAVOR OF THE CLERKS OF THE SENATE AND 

HOUSE. 

$600 for extra services. 

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

That Frank D. Currier, clerk of the senate, be allowed the sum seoo for extra 
of two hundred dollars ; that Edwin F. Jones, clerk of the house ^^^™^^- 
of representatives, be allowed the sum of two hundred and tifty 
dollars ; that Ira A. Chase, assistant clerk of the senate, be allowed 
the sum of seventy-live dollars, and George A. Dickey, assistant 
clerk of the house of representatives, be allowed the sum of 
seventy-five dollars, all for extra services during the present ses- 
sion of the legislature ; 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 appropriated. 

[Approved August 28, 1885.] 



CHAPTER 140. 

JOINT RESOLUTION RELATIVE TO THE RECEPTION AND DEDICATION 
OF THE STATUE OF DANIEL WEBSTER. 

Reception and dedication committee. 

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

That a joint committee, consisting of five members of the Reception and 
house, of which the speaker shall be one, and such as the senate nTittee!'"" ''°'°' 



316 Chapters 140, 141. [1885. 

may join, be appointed with authority to make proper arrano;e- 
ments for the reception and dedication of the statue of Daniel 
Webster, to be presented to the state of l^ew Hampshire by Ben- 
jamin Pierce Cheney, and that the necessary expenses authorized 
by said committee be audited and approved by the governor and 
council, and paid from the state treasury. 
[Approved August 28, 1885.] 



CHAPTER 141. 

JOINT RESOLUTION IN FAVOR OF JOHN UNDERHILL AND OTHERS. 
t4i579.05 appropriated. 

Resolred hij the Senate and House of Bepresentatives in General 
Court convened : 

priS^ ^PP™- That John rnderhill be allowed the sum of three hundred and 
sixty-two dollars and twenty cents ; Frank M. Tappan the sum of 
three hundred and sixteen dollars and ninety cents ; Hiram E. 
Currier the sum of three hundred and thirty-one dollars ; Rose 
and Ellen Tolmay the sum of three hundred and twenty dollars ; 
Michael Sullivan the sum of one hundred and seventy-six dollars ; 
Geo. ]Sr. Baker the sum of one hundred and seventy-six dollars ; 
"Winthrop Parker the sum of one hundred and seventy-six dollars ; 
Eugene F. Baile}' the sum of two hundred and three dollars ; Rev. 
C. B. Crane the sum of two hundred and sixty-four dollars; 
Leonard E. Tilden the sum of three hundred and sixty-seven 
dollars and seventy cents ; Charles J. Hamblett the sum of three 
hundred and twenty-one dollars and ten cents ; l!^att. G. Shaw the 
sum of three hundred and eleven dollars and iifty cents ; Edwin 
F. Jones the sum of seventy-five dollars for making up the roll 
and organizing the house of representatives as clerk of the last 
house ; Frank D. Currier the sum of thirty dollars, for organiz- 
ing the senate; Chas. P. Smith the sum of twenty-eight dol- 
lars ; Fred W. Clifibrd the sum of twenty-eight dollars ; Chas. 
M. Horn the sum of thirty-five dollars ; Norri-s A. Dunklee the 
sum of twenty dollars and fifty cents; John K. Stokes the sum 
of three hundred dollars ; Frank E. Stokes the sum of one hun- 
dred and seventy-six dollars ; J. Henry I^ye the sum of two hun- 
dred and twenty-five dollars ; T. W. Woodward the sum of fifty- 
eight dollars ; Ira C. Evans the sum of one dollar and twenty- 
five cents; G. L. Lovejoy the sum of eight dollars and fitly 
cents; J. F. Scott the sum of nineteen dollars and thirty cents; 
that the sum of fifty dollars be and hereby is appropriated for 
each of the legislative reporters, viz. : John T. Hulme, «Daniel B. 
Donovan, George F. Bean, Ira A. Chase, and True L. JSTorris, 
and that the governor is hereby authorized to draw his warrant 
for the same on the state treasurer out of any money not other- 
wise appropriated, 

[Approved August 28, 1885.] 



1885.] Chapters 142, 143. 317 



CHAPTER 14 2. 

JOINT RESOLUTION IN REGARD TO THE LOCATION OF THE COLLEGE 
OF AGRICULTURE AND THE MECHANIC ARTS. 

Committee to be appointed to consider the propriety of its removal. 

Whereas, the College of Agriculture and the Mechanic Arts Preamble, 
was established in 1866 and located at Hanover, and during the 
period of almost twenty years has graduated less than forty agri- 
cultural students ; therefore, 

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

That the governor and council appoint a committee of three to Resolution, 
investigate the propriety of the removal of the College of Agri- 
culture and the IMechanic Arts from Hanover, and if they find 
such removal desirable to receive proposals, with statement of 
inducements offered for its removal from Hanover to some more 
favorable location, and report to the legislature of 1887. 

[Approved August 29, 1885.] 



CHAPTER 143. 

JOINT RESOLUTION PROVIDING FOR THE USE OF COPIES OF THE REPORT 
OF THE STATE GEOLOGIST, FOR THE ENCOURAGEMENT OF THE PUB- 
LICATION OF TOWN HISTORIES. 

Town historians encouraged to consult Hitchcock's Geology. 

Besolved hij the Senate and House of Bepresevtatires in General 
Court convened : 

Tliat the committee or historian duly appointed by any town Town historians 
whicli has appropriated, or may hereafter appropriate not less comuu Hitch- 
than live hundred dollars for the preparation or publication of a """"^'^ Geology. 
town history, shall be entitled to one set of Hitchcock's Geology 
of this state, with a set of the accompanying atlas ; provided^ hoiv- 
ever, that this resolution shall not apply to towns whose history 
has already been prepared or published. 

[Approved August 29, 1885.] 



318 



Chapters 144, 145. 



[1885. 



CHAPTER 144 



Commissioner to 
be appointed to 
codify school 
laws. 



JOINT RESOLUTION PROVIDING FOR THE APPOINTMENT OF A COMMIS- 
SIONER TO REVISE, CODIFY, AND AMEND THE STATUTE LAWS OF THE 
STATE, RELATING TO SCHOOLS. 

Commissioner to be appointed to codify school laws. 

He.solred by the Senate and House of Representatives in General 
Court convened : 

That tlie governor, with the advice of the council, be required, 
as soon as may be, to appoint and commission one person "who 
shall be learned in the law to compile the ])ublic statutes of this 
state relating to schools now in force, including those of the pres- 
ent session, and frame rules and forms of proceeding in towns 
under said statutes, which rules and forms when approved by 
the supreme court or a majority of the judges thereof, shall be 
deemed valid and sutiicient. Said statutes as compiled, and said 
rules and forms, shall be printed by the state printer and dis- 
tributed by the secretary of state to the several towns on or 
before the first day of February, 1886. The governor and council 
shall allow said commissioner such sum as they deem reasonable, 
not exceeding three hundred dollars. 

[Approved August 29, 1885.] 



CHAPTER 14 5 



JOINT RESOLUTION IN FAVOR OF THE UNION PUBLISHING COMPANY 

AND OTHERS. 



$2,330.30 appro- 
priated. 



$•2,339.30 appropriated. 

Resolved hy the Senate ami .House of Representatives in General 
Court convened : 

That the Union Publishing Co. be allowed the sum of five 
hundred and seventy dollars for the Manchester Daily Union ; 
the Republican Press Association the sum of five hundred and 
eighty dollars and fifty cents for the Daily Monitor ; the N". H. 
Democratic Press Co. the sum of five hundred and eighty dol- 
lars and fifty cents for the Daily People and Patriot; O. C. 
Moore the sum of one hundred and thirty- four dollars for the 
Daily Telegraph, and G. H. Silsby & Son the sum of three hun- 
dred and forty dollars and thirty cents for stationery and sun- 
dries furnished the state as per bill rendered ; also, that John B, 
Clarke be allowed the sum of one hundred and thirty-four dollars 
[for] the Daily Mirror and American. 

[Approved August 29, 1885.] 



1885.] Chapters 146, 147, 148. 319 



CHAPTER 146. 

ADDRESS FOR THE REMOVAL OF J. EDWARD HURST, CAPTAIN OF CO. 
D, 3d regiment, new HAMPSHIRE NATIONAL GUARD. 

To His Excellency Moody Carrier, Governor of the State of New 
Hampshire : 

The Senate and House of Representatives in General Court 
convened, satisfied that the public good recjuires that J. Edward 
Hurst, captain of Company D, Third regiment, Xew Hampshire 
^National Guard, should no longer hold and retain his said office,, 
respectfully address and request your excellency, with the consent 
of the council, to remove the said J. Edward Hurst from the 
office which he holds. 

[Removed by tlie governor, i[iursuant to article 52 of the Con- 
stitution, July 14, 1885.] 



CHAPTER 147. 

AN ADDRESS FOR THE REMOVAL OF FREDERICK STINER FROM THE 
OFFICE OF JUSTICE OF THE PEACE FOR THE COUNTY OF HILLS- 
BOROUGH. 

To His Excellencij 3Ioody Carrier, Governor of the State of New 
HampshiTC : 

The Senate and House of Representatives in General Court 
convened, satisfied that the public good requires that Frederick 
Stiner, justice of the peace for the county of Hillsborough, should 
no longer hold and retain said office, respectfully address and 
request your excellency, with the advice and consent of the coun- 
cil, to remove said Stiner from his said office. 

[Removed by the governor, with consent of the council, July 
14, 1885, pursuant to section 9, chapter 18, General Laws.] 



CHAPTER 148. 

NAMES CHANGED. 

The following changes of names have been legally made by the Names changed, 
judges of probate in the counties where the persons reside, durino- 
the years from June, 1883, to June, 1885. 

Rockingham County. Edward Coleman, of Brentwood, to Rockingham. 
Edward D. Urch; Hiram Doyle, of I^orthwood, to WilHam 
Batchelder ; Gertie Woods, of Portsmouth, to Gertie Sanborn ; 
Freeman Connor George, of Plaistow, to James Freeman George ; 

22 



320 



Chapter 148. 



[188( 



Strafford. 



Belkuap. 



Carroll. 



Merrimack. 



George M. Marden, of Portsmouth, to George M. Ayer; Hattie 
J. Morrison, of Exeter, to Hattie J. Furnald ; Sarah EHzaheth 
Sias, of Strathani, to Sarah Ehzabeth Burnhani ; Ann Dooley, of 
Chester, to Ann Maria Kelley ; Bkmche I. Robinson, ofDeeriield, 
to Bkmche Canlield ; William A. Kelsey, JSTewmarket, to Alvin 
^y. Kelsey ; Ella E. W. Little, of Cheste^r, to Ella E. Webster ; 
Frank S. Davis, of Brentwood, to Frank S. Glidden ; Julia A. 
Sherburne, of Kensington, to Julia Annie Dow ; All;)ert S. San- 
born, Fremont, to Bert. S. Sanborn. 

Stkaffori) County. Emma Adelaide Flye to Ennna Adelaide 
Fl^'e Currier, Lillian Coleman to Bessie Ella Philbrick, Sarah J. 
Hutchins to Sadie Lucinda Blanche Goodwin, Mattie M. Bills to 
Mattie ]\L Hobbs, Arthur Edward Jackson to Arthur Edward 
AVj-att, Cora A. Critchett to Cora A. Caswell, Hannah Bragdon 
to Hannah Brock, Xellie E. Mason to Xellie E. Hunter, Zylfa 
May Davis to Zylfa May (3' :N'eil, Blanche Nason to Blanche Wood- 
man, Emma F.'^TibbettstoEmma F. Frost, John Colby Twombly 
to John Colby Shirley, Adella M. Coles to Adella M. Burleigh, 
Hattie E. Twombly to Hattie E. Raymond, Winnefred May Batch- 
elder to Winnefred May Smith, Georgie Edith Buzzell to Georgia 
Edith Foss, Reljecca Adelaide Chamberlain to Rebecca Adelaide 
Lord, Xancie 0. Critchett to ISTancie O. Caverly, Isaac B. Down- 
ing to Benton Everett Downing, Abbie B. Russell to Abbie B. 
Clay, John F. Shorey to John F. Corson. 

Belknap County. Loretta S. Ambrose, of Meredith, to Loretta 
S. Fernal ; :N'ellie M. Hall, of Belmont, to Nellie M. Babb ; 
Ann M. Clough, of Gilmantou, to Ann M. Brackett; Emma 
Bell Jackman, of Laconia, to Ethel Emma Tyler; Martha M. 
Bennett, of Laconia, to Martha M. Weeks ; Mary F. Lawrence, 
of Meredith, to Mary F. Calef; Mabel Maude Jackman, of 
Laconia, to Mabel Maude J. Smith; Betsey L. Sanborn, of 'New 
Hampton, to Betsey L. Woodman ; Alice M. Thurston, of 
Gilford, to Alice M, Clough; Cathie B. Hart, of Belmont, to 
Blanche May Prouty ; Georgianna Moulton, of Gilford, to Geor- 
gianna Goss ; Abbie A. Ham, of Tilton, to Abbie A. Hill ; Edith 
Swan, of Gilford, to Virginia Louise Cole ; Edwin Carlton 
Hosford, of Meredith, to Carlton EdAvin Mansfield; Joseph 
William Whittier, of Barnstead, to Joseph William Jenness. 

Carroll County. Walter H. Cady to Walter Cady Stanton, 
Robert Dwyer to Robert L. Chamberlain, John M. Philbrick to 
John M. Chase, Minnie Garland to Minnie Anna Varney, Addie 
E. Young to Addie F. Hicks, Freeland Amos Ordway to Fred 
Ordway, Elsie Hermione to Elsie M. Young, Hattie M. Apple- 
l)ee to Hattie M. Stevens. 

Merrimack County, Lillian E. Cilley to Eda Lillian Follans- 
bee, Carrie L. Ross to Carrie L. Colby, Irvin Ross to Irvin Colby, 
Ida M. Ross to Ida M. Colby, Josie M. Smith to Josie M. Steeney, 
Hannah Maria Manning to Ella Maria Flanders, Abbie E. Spear 
to Abbie E. Eastman, Sarah M. Marsh to Sarah M. Carr, Ada B. 
Farwell to Ada B. Greenwood, Joseph Lyman Jackman to Lyman 
Jackman, EmmaL. Colby to Emma L. Lovejoy, Alice H. Fern to 
Alice H. Dolbeer, Louisa A. Gage to Louisa A. Follansbee, Mary 



1885.] Chapter 148. 321 

Lucia Gove to Mary Lucia Woodward, Lizzie C. Anuis to Lizzie 
C. Hook, Timothy Breen to Timothy E. Breen, Mary G. Fiske 
to Mary G. Turner, Joseph A. A^liitehead to Joseph A. Fhxnders, 
Letta B. Bahb to Letta Ardeha Sweatt, Donuie M. ]\Laynard to 
Donnie Eleanor AVelch, Maud E. Bhmchard to Winifred Head, 
Mary Carrie Gordon to Mary Carrie Gordon Xeal, Henrietta 
Littieliekl to Alta Alay Boynton, WilUe C. Rowe to Wilhe C. 
Buswell, Joseph Gokey to Joseph Bean, Gracie Maude Brown to 
Gracie Brown ]SIorgan, ZelLa Y. Gove to Zella Y. Crowther, 
Ernest E. Harris to Wilham ]M. Pahiier, Jessie B. FLagg to Jessie 
Bell Johnson, Cora Mitchell to Cora Bell Haskin, Harrison J. 
Bingham to Harry J. Ring, Gracie B, Hunt to Gracie B. Tucker. 

Hillsborough County. Ella Augusta Berry to Ella Augusta Huisborough. 
Heale}', Susan Alicia Gaiihey to Alice Grey, William Bager- 
kiewret to William Boru, Lizzie J. Robv to Lizzie J. Cheever, 
Capitola E. Tucker to Capitola E. McCfentic, Minnie A. Buell 
to Minnie A. Wadsworth, John E. Hancock to John E. Sher- 
win, J. Warren AYentworth to J. AYarren Holmes, Xancy K. 
Worthley to Xancy J. Crawford, Joanna Crowell Harmon to 
Joanna Crowell Thompson, Eliza Francis Button to Eliza Fran- 
cis Reed, Annie L. Yincent to Annie L. Simonds, Sarah 
Walker to Sarah Griffin, Frank S. Spoiibrd to Frank S. Stacy, 
Adelia A. Cass to Adelia A. Clement, John Lucy to John Pres- 
ton, Patrick Allison Collins to Ross Allison Collins, Lizzie A. 
Jones to Lizzie A. Aiken, Maria C. Abbott to Maria C. Stock- 
dale, Xora E. Currier to Xora E. Hutchins, Helen G. Treat to 
Helen G. Rockwood, Addie Evelyn Taylor to Addie Evelyn 
Kendrick, Carrie J. Cochran to Carrie J. Woodman, Mabel 
Florence Alason to Mabel Florence Haseltin, Elnia Lemieux to 
Elma Cham[)aigne, Florence May Southwell to Florence May 
Bixby, Xellie E. Mason to Xellie E. Bond, Flossie Bell Wells 
to Flossie Belle Morse, Edith Redmund Davis to Jessie R. Simp- 
son, Harry Arthur Winchell to Harry Arthur Conant, Grace E. 
Preston to Grace E. Herrick, Elma Champaigne to Elma Le- 
mieux, Myrtie M. Davis to Alyrtie M. Patterson, Alfred Jacques 
to Alfred Bourgue, Ethel Josephine Dooley to Ethel Josephine 
Dooley Fullerton, Aloysius Waldron to Alo^'sius G. Searles, jSTel- 
lie M. Kittredge to Xellie M. Carr, Frank Loomis to Ernest 
Ralph Woods, "Try rissa A. McGrath to Tryrissa A. McQuade, 
Harvey A. Rankin to Harvey Rankin Perkins, Mabel Estella 
Gorman to Mabel Estella Fiske, Mertie D. Patterson to Mertie 
Melissa Davis, Benjamin W. Rogers to Benjamin W. Lake, Edith 
Ceha Lackie to Edith Celie AYallace, Florence Cutting to Lilla 
May Burbank, Maud A. AYadlow to Maud A. Fellows, Minnie 
F. Cummings to Minnie F. Cummings Carr. 

Cheshire Couxty. Florence ISTasTi to Florence Mary Brown, Cheshire. 
Harriet E. Carroll to Harriot E. Bobbins, Rosa L. McLane to 
Rosa L. Bemis, Charles F. Heath to Charles F. Coburn, Lottie 
M. Bemis to Lottie M. Ayer, Minnie Barnes to Edith Z. Alason, 
Lj'dia Eldora Putney to Lj'dia Eldora Green, Harriet Prentiss 
Cross to Katherine Prentiss Cross, Lydia Elenor Parker to Ele- 
nor L. Swan, Mary Crouch to Mary Wilber, Thirza C. Clark to 



322 



Chapter 148. 



[1885. 



Thirza C. Biirt, William Stinsoii to Alva Eustis Robbins, Maria 
J. Dunham to Maria J. Paine, Elvah E. Colburn to Elvah E. 
Leach. 

Sullivan. Sullivan County. Cecil Bean, of Claremont, to Hugh Put- 

nam Eastman ; Lillian Mabel Davis, of Lempster, to Lillian Ma- 
bel Kejes ; infant child of Luella Wellman, adopted bv Mehitable 
Wright, of Unity, to Forest E. Wright; Eva V. "'Daniels, of 
Plainfield, to Eva V. French ; George P. Walkup, of Claremont, 
to George P. Merton ; Willie ISTorton, of Cornish, to Willie Hen- 
derson ; Forest John iSTichols, of Newport, to Forest John Folsom ; 
Josephine Loverin, of Croydon, to Josephine Woodward ; Floyd 
Burton Paul, of Unity, to 'Floyd Burton Hall ; Arthur T. Paul, 
of Unity, to Frank Arthur Allen. 

Grafton. Grafton County. Abbic F. Andrews, of Plymouth, to Abbie 

Andrews Dodge ; ISTelson Painchard, of Lebanon, to ISTelson 
Langlois ; Alice Elnora Titus, of Hanover, to Alice Elnora 
Hatch ; Henry Oliver, of Alexandria, to Harry D. Rollins ; Eddie 
Dow, of Franconia, to Edward B. Tewksbury ; Bessie M. Good- 
win, of Lyme, to Bessie M. Mayo; Sarah Cliftbrd, of Haverhill, 
to Sarah Fellows ; Bessie R. Scruton, of Alexandria, to Bessie R. 
Cheney ; Fred Osmon Merrill, of Holderness, to Osmon B. Cope- 
land; Anna B. iSToyes, of Warren, to Anna B. Leighton ; Mary 
Elizabeth Chapman, of Lebanon, to Mary Elizabeth Cushman ; 
Lillian B. Simonds, of Alexandria, to Lillian Winnifred Kelley; 
Ella Ford, of Canaan, to Ella Aldrich; Florence English, of 
Littleton, to Florence Gertrude Page; Harry G. Cliftbrd, of Ply- 
mouth, to Harry G. Paige ; Sarah Elizabeth Johnston, of Leba- 
non, to Sarah Elizabeth Cressy ; Elmah S. Davis, of Bath, to 
Nellie S. Davis ; Annie Eliza Peterson, of Littleton, to Annie 
Peterson Gile ; Adelaide A. Perkins, of Plymouth, to Adelaide 
A. Harran ; Minnie M. Johnson, of Lebanon, to Minnie M. 
Hoftman. 

coo8. Coos County. Joshua Martin Tirrell to ^lartin L. Tirrell, 

Edith G. Wilson to Edith G. Smith, Jacol) Elmer Huntley to 
Joseph N. Dauphin, Setira Emma Huntley to Setira Emma St. 
Hillaire, Abogail Sullivan to Abigail Sullivan Hall, infant child 
adopted by Walter H. and Hannah E. Evans, decree making 
name of child Flora Winfield Evans, infant daughter of Daniel 
Gray to Elize Plaettner. 



PRIVATE ACTS. 



CHAPTEE149. 

AN ACT TO AUTHORIZE THE WARDENS OF CHRIST'S CHURCH IN ROL- 
LINSFORD TO REMOVE THE DEAD BODIES IN ITS CHURCHYARD TO 
THE TOWN CEMETERY. 



Section 
1. Disinterment, removal, and reinter- 
ment authorized. 



Section 
2. Talves etTect, wlien. 



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



Section 1. Tliat the wardens of Chrisfs Churcli in Eollinsford Disinterment, 
are hereby authorized to disinter and remove all the dead bodies reinterment 
or remains of persons buried in their churchyard, in the village ^^t^^orized. 
of Salmon Falls, and to reinter the same in a suitable lot in the 
public cemetery of said town, said disinterment and reinterment 
to be done prudently and wdth all proper c^re and attention ; all 
monuments, gravestones, and other appurtenances attached to the 
grave being carefully removed and replaced with as little injury 
as the nature of the case will admit, and at the expense of said 
church, and in case of injury to any such monument, gravestone, 
or other appurtenance, the said church shall pay all damage 
therefor. 

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

[Approved July 9, 1885.] 



Takes effect, 
when. 



324 



Chapter 150. 



[1885. 



CHAPTER 150. 

AX ACT TO INCORPORATE THE AMOSKEAG INDURATED FIBRE WARE 

COMPANY. 



Section 

1. Corporation constituted. 

2. Capital stoclv. 

3. Its purpose. 



Section 

4. Real and personal property. 

5. Board of directors. 

6. First meeting ; takes effect, when. 



^t- it enacted b)/ the Senate and Mouse of JRepresentatlres in General 
Court conrened : 



Corporation con- 
stituted. 



Capital stock. 



Its purpose. 



Real and per- 
sonal property. 



Board of direc- 
tors. 



First meeting; 
takes effect, 
when. 



Section 1. That Person C. Cheney, Edson Hill, B. Frank 
Brown, George C. Gilmore, Joseph W. Fellows, George F. 
Boslier, Joseph W. Hilclreth, John Dowst, A. H. Daniels, Alonzo 
Elliott, Josiah G. Dearborn, Charles H. Hill, Alonzo P. jSTichols, 
James M. Blake, Clark F. Eovrell, Elmer P. Nichols, their associ- 
ates and successors, be and they hereby are made a body corpo- 
rate and itolitic by the name of the Amoskeag Indurated Fibre 
Ware Compain', ^vith all the rights, powers, and privileges, and 
subject to all the liabilities of corporations of a similar nature. 

Sect. 2. The capital stock of this corporation may be estab- 
lished by the corporation at any sum not exceeding lifty thousand 
dollars, and shall be divided into shares of one hundred dollars 
each, and the certificates thereof may be issued at such times and 
in such manner as the board of directors of the corporation shall 
determine. 

Sect. 3. This corporation is authorized to carry on the busi- 
ness of manufacturing, drying, preparing, indurating, or other- 
wise treating pulp, pulp ware, or any article composed in part or 
wholly of pulp or other fibrous or wood material, and of dealing 
in any such materials, articles, or wares as are required for con- 
venience in or incident to the manufacture of the same, either as 
principal or agent for manufacturing or dealing in the same. 

Sect. 4. Said corporation is authorized to purchase, take on 
lease, or acquire otherwise, hold, manage, improve, or dispose of 
real or personal estate to an amount not exceeding its capital 
stock, and to obtain by purchase, license, or otherwise any 
patents, privileges, inventions, secrets, or secret processes, rights, 
or permits to use the same as may be deemed necessary for the 
business of the corporation, and may make any contract with any 
other compan}' or person for the same that may be deemed expe- 
dient, and may do all such things as may be deemed for the 
interests of the corporation. 

Sect. 5. The management and control of the affairs of this 
corporation shall be vested in a board of seven directors, which 
shall have power to make all the rules, regulations, and by-laws 
necessary for tlie management of the affairs of the corporation, to 
establish the prinei}»al place of business, and have and be vested 
with all the powers of the corporation. 

Sect. 6. Any three of the persons named in this act may call 



1885.] 



Chapters 150, 151, 152. 



325 



the iirst meetiiio- of the corporation at any time and place which 
they may deem expedient, by giving each of the others named 
notice at least three days before such meeting, orally or in writ- 
ing by mail, as may be deemed convenient. And this act shall 
take etfect from and after its passage. 
[Approved July 9, 1885.] 



CHAPTER 151. 

AN ACT TO IXCREASE THE CAPITAL STOCK AND ENLARGE THE POWERS 
OF THE UNION PUBLISHING COMPANY OF MANCHESTER. 



Section 

1. Increase of capital stock authorized. 

2. Limitation as to property. 



Sectiox 
3. Takes effect, when. 



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



Section 1. 
Chester, is hereby authorized to increase its capital stock to the 't^' ^'ock author 



That the Union Publishing Company, of Man- increase of cap- 

■ - ' - ^ italst " 

ized. 



amount of two hundred thousand dollars, which shall be divided 
into shares of one hundred dollars each, and to issue certificates 
thereof in such time and manner as its directors shall deem 
expedient. 

Sect. 2. Said Union Publishing Company is authorized and Limitation as t o 
empowered to purchase, take upon lease, or otherwise acquire, P''''P'"'*y- 
hold, manage, and dispose of real or personal estate to an 
amount not exceeding its capital stock. 

Sect. 3. This act shall take etfect on and after its passage. Takes effect, 

[Approved July 9, 1885.] 



when. 



CHAPTER 152. 

AN ACT TO AUTHORIZE THE BOSTON, CONCORD .fc MONTREAL RAIL- 
ROAD TO REFUND ITS DEBTS. 



Section 

1. Corporation niaj- issue bonds secured 

by mortgage. 

2. Which may be exchanged, sold, or 

pledged as collateral. 



Section 

3. Mortgages to be made to trustees. 

4. Coupons for semiannual interest to 

be attached. 

5. Takes elfect, when. 



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



Section 1. That for the luirpose of refundino- its i »resent in- P°'"pt"5'' "'■''y 

n-i.T TT •!• ^ ^ T -,,.,.1? ^ .. issue bonds se- 

aebtefiness, and liquidating any unadiusted liabihty now existing cured by mort- 



326 



Chapters 152, 153. 



[1885. 



Whicli may be 
exchanged, sold, 
or pledged as 
collateral. 



Mortgages to be 
made to trustees. 



Coupons for 
semi-annual in- 
terest to be at- 
tached. 



Takes effect, 
when. 



against it, the Boston, Concord & Montreal railroad is hereby 
authorized from time to time to issue its bonds, in such sums as 
may be deemed expedient, and at a rate of interest not exceeding 
five per cent per annum, payable semi-annually, in not less than 
twenty years, and secured by mortgage of the road, franchises, 
and property of the corporation, agreeabl}' to the votes of the 
stockholders passed at a special meeting of said corporation, held 
June 12, 1884, and such mortgage subject to any existing prior 
mortgage. 

Sect. 2. Said corporation may authorize its directors or treas- 
urer, from time to time, to exchange the bonds herein authorized 
for any of the other bonds or liabilities of the corporation, upon 
such terms as shall be for the interest of the corporation, and to 
sell such bonds and purchase any of the bonds heretofore author- 
ized by the corporation, whenever such sale and purchase shall be 
for the interest of the corporation, and to use such bonds tempo- 
rarily as collateral to the debts and liabilities of the corporation, 
whenever the interest to be paid l)y the corporation will he 
thereby reduced. 

Sect. 3. The mortgage to secure such bonds shall be made 
to three trustees, to be selected by the directors of the corpora- 
tion for the benefit of the holders of such bonds, and said directors 
shall have authority to fill any vacancy that may at any time exist 
in the otfice of said trustees ; and one or more of said trustees 
shall certify on said bonds that they are secured by such mortgage. 

Sect. 4. Said bonds shall have attached thereto coupons for 
the payment of the semi-annual interest that may from time to 
time [be] due on said bonds, and such Ijonds and mortgage shall 
be signed bj' such oflicers as are designated by the corporation. 

Sect. 5. This act shall take eftect on its passage. 

[Approved July 9, 1885.] 



CHAPTEK 153 



AN ACT IN amendment OF SECTION TWO (2) OF THE CHARTER OF THE 
NASHUA LOCK COMPANY, IN RELATION TO AN INCREASE OF CAPITAL 
STOCK. 



Section 
1. Increase of capital aiithorizecl. 



Section 
2. Takes eflfecl, when. 



Be it enacted by the Senate and House of Rcpreserdedices in Gencrcd 
Court convened : 



Increase of cap. Section 1. That the chartcr of the N'ashua Lock Company, 
itai authorized, approvcd July 13, 1854, l)e amended by striking out the words 
" one hundred thousand dollars," in the (2d) second section, 
and inserting instead thereof the ^^'ords two hundred and fifty 
thousand dollars. 
Takes effect, Sect. 2. This act shall take eftcct froui its passagc. 

[Approved July 10, 1885.] 



when. 



1885.] Chapters 154, 155. 327 



CHAPTER 154. 

AN ACT TO ENABLE THE TOWN OF NORTHFIELD TO APPROPRIATE MONEY 
TO ASSIST IN ERECTING A SOLDIERS' MONUMENT IN THE TOWN OF 
TILTON. 

Section i Section 

1. Town to raise and appropriate money '2. Repealing clause, 

for monument. I 3. Takes effect, when. 

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

Section 1. The town of Northfield is hereby authorized and ^ndappropHate 
empowered to raise by tax and appropriate such sum of money money for mon- 
as said town may deem just, to assist in erecting a soldiers' monu- "™^° ' 
ment in the town of Tilton. 

Sect. 2. All acts inconsistent with this act are hereby repealed, ^i^jlsel'"^ 
Sect. 3. This act shall take etfect on its passao-e. Takes effect, 

[Approved July 16, 1885.] ^ "^^°- 



CHAPTER 155. 

AN ACT IN AMENDMENT OF AN ACT TO INCORPORATE THE NEW HAMP- 
SHIRE METHODIST ANNUAL CONFERENCE. 

Sectiox 1. Name changed. 

Be it enacted by the Senate and House of Representcdifes in Genercd 
Court conxened : 

Section 1. That the aforesaid corporation shall hereafter be Name changed, 
known and called by the name of the Trustees of the JSTew Hamp- 
shire Conference of the Methodist Episcopal Church. 

[Approved July 16, 1885.] 



328 



Chapters 156, 157. 



[1885. 



CHAPTER 156. 

AX ACT TO AMEND THE CHARTER OF THE CLAREMONT & WHITE RIVER 
JUNCTION RAILROAD. 



Section 
1. Charter extended. 



Section 
2. Repealing clause ; takes etTect, when. 



Be it enacted t/i/ the Senate and House of Bepresentatwcs in General 
Court conrened : 



Charter 
extended. 



Repealing 
clause ; takes 
effect, when. 



Section 1. That the time hmited bj the act approved July 3, 
1872, entitled " An act incorporating the Claremont & White 
River Junction Railroad," be so amended as to extend the time for 
the construction and completion of said railroad to the third day 
of July, A. D. 1891. 

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

[Approved^Jiily 16, 1885.] 



CHAPTER 157. 

an act in amendment of the charter of the NEAV HAMPSHIRE 
HOME MISSIONARY SOCIETY, 



Society may 
hold real and 
personal prop- 
erty. 



May hold prop- 
erty in trust. 



Section 
1. Societj' may hold real and personal 

property. 
'2. May hold propertj- in trust. 



Section 

3. Bequests, etc. not defeated by misno- 

mers. 

4. Trustees to make annual report. 

n. Repealing clause; takes eflect, when. 



Be it enacted Ijy the Senate and House of Bepresentatires in General 
Court convened : 

Section 1. The Is'ew Hampshire Home Missionary Societ}' is 
hereby authorized and empowered to take, receive, and hold in 
fee simple or otherwise, gifts, grants, and devises of lands and 
real estate, and also donations, subscriptions, and bequests of 
money or other personal estate, and may establish funds not 
exceeding one hundred and fifty thousand dollars, for promoting 
the laudable and benevolent designs of its institution. 

Sect. 2. Said corporation is also authorized and empowered 
to take and hold any and all transfers, conveyances, gifts, 
de\'ises, and bequests of real and personal estate which may be 
made to it, on trust, condition, or otherwise, for the support of 
the institutions, ecclesiastical societies, parishes, churches, or mis- 
sionary work, either general or local, of the Orthodox Congrega- 
tionardenomination of Christians in this state, or for the promo- 
tion of the interests of the churches of said denomination in this 



1885.] Chapters 157, 158. 329 

state; and to execute, perform, and carry out any and all condi- 
tions, uses, and trusts wliicli may be imposed upon such transfers, 
conveyances, gifts, devises, and bequests, or may be connected 
theremth, and to manage, invest, sell, devise, and convey, or 
otherwise dispose of such real estate, and to appropriate and apply 
the net income thereof to any and all of the purposes and objects 
above declared; subject, however, in each and every case, to the 
specific trusts, directions, limitations, or conditions contained in 
such transfer, conveyance, gift, devise, or bequest; iworlded, that 
such corporation shall not hold property, under the provisions of 
this section, of a greater aggregate annual net income than twenty 
thousand dollars. 

Sect. 3. ISTo misnomer of said corporation shall defeat or viti- ^^quests^etc^^ 
ate any deed, Avill, or other instrument, so as to })revent said cor- misnomers. 
poration from taking l)enetit thereof, if it shall appear that it was 
the intention of the grantor, testator, or other party to name or 
describe the said society. 

Sect. 4. The trustees of said societv shall throuo-h their treas- Trustees to 

. " r" 1 1 mase annual 

urer make annually to said society a report ot tlie amount and report, 
condition of the several funds and estates held by them under 
section 2 of this act, and of the manner in which the same have 
been invested, and the income has been expended and applied. 

Sect. 5. All acts and parts of acts inconsistent with the provi- Repealing 

A 11. inixt' clause ; takes 

sions of this act are hereby repealed, and this act shall take etiect effect, when, 
and be in force from and after its passage. 
[Approved July 16, 1885.] 



CHAPTER 158. 

AN ACT TO AMEND AN ACT PASSED IN 1852, TO INCORPORATE THE 
NEW HAMPSHIRE CONFERENCE SEMINARY AND FEMALE COLLEGE. 

Section l. Corporation may hokl S-00,000. 

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

Section 1. That the aforesaid corporation shall be authorized corporation may 
to hold two hundred thousand dollars tor the purposes named m 
the act of incorporation. 

[Approved July 16, 1885.] 



330 Chapter 159. [1885. 



CHAPTER 159. 

AN ACT TO AMEND THE CHARTER OF THE CITY OF NASHUA, PRO- 
VIDING FOR THE ELECTION OF CERTAIN OFFICERS. 

Section 1. Election of officers provided for. 

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

Election of SECTION 1. That sectioii 2 of chapter 259 of the laws, amencl- 

o^^cersprovi e .^^^ ^^^^ chai'tei' of the city of ]^ashua, approved September 15, 
1883, be amended by striking out in the thirteenth and fonr- 
teenth lines of said section the words " they shall elect a city clerk 
and other officers now required by law to be chosen by the city 
councils," and inserting instead thereof " the city councils shall, 
by joint ballot and by major vote, elect a city clerk, city solicitor, 
collector of taxes, city treasurer, city physician, street commis- 
sioners, a board of health officers, consisting of three persons, a 
chief engineer and assistant engineers of the lire department;" 
so that said section shall read : " The persons respectively elected 
as mayor, aldermen, common councilmen, board of education, 
board of assessors, board of overseers of the poor, and board of 
inspectors of the check-lists, at the next city election, shall be 
duly notified by the city clerk, and shall meet in convention for 
the purpose of taking the oath of office on the first day of Janu- 
ary, 1886, at ten o'clock in the forenoon ; and the persons elected 
to said offices at the annual city elections thereafter held shall be 
notified and shall meet in like manner and for like purpose, on 
the first day of January in every year thereafter, at ten o'clock in 
the forenoon, except when the first day of January shall occur on 
Sunday, in which case they shall so meet on the second day of 
January ; and when so met in convention the city councils shall, 
b}^ joint ballot and by major vote, elect a city clerk, city solicitor, 
collector of taxes, city treasurer, city physician, street commis- 
sioners, a board of health officers, consisting of three persons, a 
chief engineer and assistant engineers of the fire department; and 
such officers thus elected shall hold their offices for one year and 
until others are elected and qualified in their stead; and the 
mayor and aldermen shall thereupon proceed to appoint such offi- 
cers as are now required by law to be appointed by them, who 
shall hold their offices for one year, and until others are appointed 
and qualified in their stead." 
[Approved July 16, 1885.] 



1885.] 



Chapters 160, 161. 



331 



CHAPTER 160. 

AN ACT AUTHORIZING THE EMPLOYMENT OF A SUPERINTENDENT OF 
SCHOOLS IN UNION DISTRICT IN THE CITY OF KEENE. 



Section 
1. Superintendent of schools in Keene. 



Section 
2. Takes effect, wlien; repealing clause. 



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

Section 1. That the board of education of the city of Keene superintendent 
are hereby authorized and empowered to appoint a superintend- Keene°° 
ent of schools for said district, who shall hold his office during 
their pleasure, and perform such duties as they shall direct ; and 
they are hereby authorized to pay such superintendent for his 
services such sum as the district shall at its annual meeting raise 
and appropriate for that purpose. 

Sect. 2. This act shall take eifect upon its passage, and all acts ^^'^^l^f^'^^'^ii 
and parts of acts inconsistent with it are hereby repealed. clause. 

[Approved July 17, 1885.] 



CHAPTER 161. 

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO INCORPORATE 
THE GRANITE STATE FIRE INSURANCE COMPANY." 



Section 

1. Charter revived and amended. 

2. Corporation constituted. 

3. Capital stock and real estate. 

4. First meeting. 



Section 
.5. By-laws. 

(3. Taxation and returns. 
7. Subject to repeal; takes effect, when. 



Be it enacted by the Senate and House of Representcdives in Gcnend 
Court convened : 

Section 1. That the act to incorporate the Granite State Fire ^nfa^'endld."^ 
Insurance Company, approved June 26, 1874, be and the same is 
hereby revived and amended so as to read as follows : — 

Sect. 2. That Frank Jones, Edwin Wallace, Samuel C. Fisher, corporation con- 
John W. Sanborn, Charles H. Sawyer, Alvah W. Sulloway, " " ' ' 
George H. Stowell, Thomas G. Jameson, and John F. Cloutman, 
and tlieir associates, successors, and assigns be and they hereby 
are incorporated and made a body politic by the name of the 
Granite State Fire Insurance Company, to be located within this 
state where the board of directors may determine ; with authority 
to have and exercise all the powers and privileges incident to 
corporations of a similar nature, for the purpose [of] leaking 
and effecting insurance against losses by tire and lightning. 



332 



Chapters 161, 162. 



[1885. 



Capital stock 
and real estate. 



First meeting. 



By-laws. 



Taxation and 
returns. 



Subject to re- 
peal ; takes 
effect, when. 



Sect. 3. Said corporation shall have a capital stock of iift}' 
thousand dollars, with authority to increase the same not exceed- 
ing tive hundred thousand dollars, divided into shares of one 
hundred dollars each ; and may acquire and hold real estate for 
its own use to the value of twenty-five thousand dollars, exclusive 
of such real estate as may he taken for dehts or may he held 
for security. 

Sect. 4. Any two of said grantees may call the first meeting 
of the memhers of the corporation hy an advertisement printed 
in some newspaper in the county of Kockingham, at least fifteen 
days hefore the day named for such meeting. 

Sect. 5. Said corporation at any meeting duly held may adopt 
such by-laws and regulations, not repugnant to the laAvs of this 
state, as shall he convenient and necessary for the proper man- 
agement of the business and concerns of the corporation and the 
prosecution of fire insurance. 

Sect. 6. Said corporation shall be taxed in the manner pro- 
vided by law to tax other insurance companies organized under 
the laws of this state, and the treasurer of said corporation shall 
make such returns as are from time to time required. 

Sect. 7. The legislature may at any time alter, amend, or 
repeal this act Avhenever the public good may require, and this 
act shall take efiect on its passage. 

[Approved July 17, 1885.] 



CHAPTER 162. 

AN ACT IN RELATION TO THE BONDHOLDERS OF THE PORTLAND & OG- 
DENSBURG RAILROAD COMPANY. 



Section 
1. Bondliolclers vested with corporate 
rights, wlien. 



bECTIOX 

•2. May issue bonds. 



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



Bondholders 
vested with cor- 
porate rights, 
when. 



Section 1. "Whenever the holders of the bonds and coupons 
secured by the mortgage of the Portland & Ogdensburg Railroad 
Co., dated the first day of l^^ovember, in the year of our Lord 
eighteen hundred and seventy-one, shall have formed a cor- 
poration by virtue of any statute of the state of ]\Iaine, which 
secures to each holder of said bonds and coupons his proportion- 
ate share in such corporation, such corporation mnj receive from 
the trustees of said mortgage, or their successors, a conveyance of 
all the property, franchises, rights, powers, and privileges which 
under the laws of 'New Hampshire vest or may vest in said trus- 
tees or their successors ; and such corporation, after receiving such 
conveyance, shall be entitled to the benefit of all the laws of J^ew 



1885.] Chapters 162, 163. 333 

Hampshire, witli reference to all portions of the railwa}' of said 
Portland & Ogdenshurg Railroad Company constructed or author- 
ized to be constructed"^ and shall have all the same unexpired 
rights to locate and complete any portions of any railway, and all 
the same unexpired rights of connection, leasing, purchasing, or 
consolidating with other railways or railway corporations hereto- 
fore granted by Xew Hampshire to the Portland & Ogdensburg 
Railroad Company; subject nevertheless witliin New Hampshire 
to all the present and future laws of said state in reference to the 
duties of railway corporations and other managers of railways. 

Sect. 2. Such new corporation may issue its bonds, secured by May issue bonds, 
mortgage or mortgages upon the whole of its railway or any part 
thereof, with its franchises and privileges, for such amounts as it 
may from time to time deem necessary, to complete, equip, or 
improve its railway, or to pay any prior incumbrance or other 
indebtedness. 

[Approved July 17, 1885.] 



CHAPTER 163. j 

I 

AN ACT IN AMENDMENT OF THE CHARTER OF THE LANCASTER & KIL- 
KENNY RAILWAY COMPANY. ] 

Section i Section ' 

1. Location chaiigecL I 2. Kepealing clause. j 

Be it enacted by the Senate and House of Bepresentatlces in Geneml I 

Court convened : j 

Section 1. Section 7 of chapter 115 of the Private Acts, passed ^^^''l^ 
June session, 1879, entitled " An act to incorporate the Lancas- 
ter & Kilkenny Railway Co.," is hereby amended as follows : 
" In the proviso of said section, after the word ' Main ' and before 
the word ' Middle,' insert the words ' Water, Mill, Mechanic, 
Pleasant,' so that said proviso as amended shall read : ' Provided, 
that said railway may run on and through or across Canal, Main, 
Water, Mill, Mechanic, Pleasant, and Middle streets, or any part 
thereof in said village of Lancaster at grade.' " 

Sect. 2. All acts and parts of acts inconsistent with the provi- Repeaimg 
sions of this act are herebv repealed. 

[Approved July 23, 1885.] 



334 



Chapters 164, 165. 



[1885. 



CHAPTER 164. 

AN ACT TO CHANGE THE NAME OF THE EATON & AYER COMPANY 
TO THE NASHUA BOBBIN AND SHUTTLE COMPANY, AND TO AMEND 
THE CHARTER THEREOF. 

Section 1. Charter anieuded. 

Be it enacted bi/ the Senate and Mouse of JRe/yresei datives in General 
Court convened : 



Charter 
amended. 



Section 1. That section 1 of chapter 211 of the laws of 1883, 
entitled " An act to incorporate the Eaton & Ayer Company," ap- 
proved Augnst 15, 1883, be amended by striking out the words 
" Eaton & A^-er " and inserting in place thereof the words 
" l!^ashua Bobbin and Shnttle," and by striking out the name 
" Isaac Eaton " and inserting in place thereof the name " Freder- 
ick W. Hatch," so that said section shall read : " That Frank H. 
Ayer, Anne M. Ayer, Ira Cross, George H. Hatch, and Frederick 
"W. Hatch, their associates, successors, and assigns, be and hereby 
are made a corporation by the name of the JSTashua Bobl)in and 
Shuttle Company, find by that name may sue and be sued, prose- 
cute and defend to final judgment and execution, and shall be and 
hereby are invested with all the powers and privileges, and made 
subject to all the lialjilities contained in the laws of this state ap- 
plicable to corporations of a similar nature." 

[Approved July 23, 1885.] 



CHAPTER 165. 

AN ACT TO ESTABLISH A BOARD OF HEALTH FOR THE CITY OF MAN- 
CHESTER, AND DEFINE ITS POWERS AND DUTIES. 



Section 

1. Maj'or to appoint three health officers; 

term of office; vacancy. 

2. Time of assuming duties; organiza- 

tion; regulations; compensation. 
.3. Powers and duties of board of liealth; 

sanitary inspectors. 
4. Buildings iinflt for occupancy to be 



Section* 

renovated on notice, or board to 
notify occupants to quit. 

5. Buildings may be closed, when; pen- 
alty for occupying. 

(!. Privy-vaults, barn cellars, etc. 

7. Drainage and sewers. 

8. Penalty for neglect. 

9. Takes etfect, when. 



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



Mayor to appoint Section 1. Tlic may Or shall appoint three health officers, one 

cerf; ["eTm of°S'. of wliom sliall liold otficc for one year from the first Monday in 

fice; vacancy. February, 1885, one for two years, and one for three years from 

said first Monday in February, who sliall constitute a board of 



1885.] Chapter 165. 335 

liealtli, and annually hereafter in the month of January in each 
year he shall appoint one member to said board who shall hold 
office for three j-ears from the first INIonday in February succeed- 
ing. In case of a vacancy occurring in said board the mayor 
shall appoint some person for the remainder of the unexpired 
term. 

Sect. 2. The board shall enter upon its duties on the first Time of assum- 
Monday in February ann.nally ; said board shall organize by the ganization'; rig- 
choice of one of its members as chairman and anotlier as clerk, pe^sXi*"'™" 
and they may adopt such rules and regulations for their own and 
the government of all subordinate officers by them employed as 
they may deem expedient, not repugnant to the laws of the state, 
and the said board shall receive such compensation for their ser- 
vices as the city councils may determine. 

Sect. 3. The board of health herebv constituted shall have and fo^ef ,a°'i^du- 

-,. Till o 111 -\ • *'^^ °' board of 

exercise all the powers vested m, and shall pertorm all trie duties health; sanitary 
prescribed to health officers of towns under the statutes, and shall '^^p'^'^'''''^- 
have power to appoint such sanitary inspectors as they may deem 
necessary, and define their duties, term of service, and fix their 
compensation ; prodded, that the whole amount of such compen- 
sation shall not exceed the amount appropriated therefor by the 
city councils ; and said inspectors so appointed shall l)e responsible 
to the board and under its control and direction ; and it shall be 
the duty of said inspectors, under the direction of said board, to 
enforce the laws of the state, the ordinances of said city, and the 
regulations of said board relative to health, and make a report to 
said board in writing of all acts done by them, as such inspectors, 
once each month. 

Sect. 4. The board of health, when satisfied upon due examina- Buildings unst 
tion that a building, tenement, room, or cellar in said city, occu- bTrenovate<.?on° 
pied as a dwelling-place or workshop, has become, by reason of " °"otif7o''ccu-*^ 
the number of occupants, want of cleanliness, unsuitable drainage, pants to quit, 
lack of privy accommodations, or from any other cause, unfit for 
a dwelling-place or workshop, may issue a notice in writing to 
such occupants or to the owner or agent in charge, to cause the 
same to be put in a proper sanitary condition ; and in case said 
premises shall not be put in such proper sanitary condition -within 
a reasonable time after such notice, then said board may notify 
the occupants in writing to cpiit the premises in such time as the 
board shall deem necessary. 

Sect. 5. The board, after such reasonable notice and the neg- Buildings may 
lect and refusal of the occupant, owner, or agent to put the penalty forVc^-"' 
premises into such proper sanitary condition, may close up said "'py^'s- 
Dremises, and if the owner or agent thereafter occupies, or know- 
ingly permits others to occupy such closed premises without the 
written permission of the board, he shall be fined not less than 
ten or more than fifty dollars for each often se. 

Sect. 6. The board of health shall, within certain limits which Privy-vauits, 
they may establish from time to time, and which shall include the *"' """^ '*'"^' ^*°' 
compact part of the city, have control of the cleaning of privy- 
vaults and barn and stable cellars, and none shall be opened or 
cleaned without the permission of the board, nor l)y any other 

23 



Chapters 165, 166. 



[1885. 



Drainage and 
sewers. 



Penalty for 
neglect. 



Takes effect, 
when. 



person, nor in any otlier manner, nor at any otla-r time thaii as 
said board may direct ; they may, Avitliin said limits, proliibit the 
keeping of swine and the construction or continuance of privy- 
vaults, unless the same shall be more than fort}' feet away from 
any dwelling-house, shop, or public street, and vaulted six feet 
deep, thoroughly built of brick or stone laid in cement, and suiii- 
ciently secured, inclosed, and ventilated, and shall be a separate 
and special inclosure and not a part of the cellar of a barn or 
stable? 

Sect. 7. The l)oai'd may prepare and enforce such regulations 
as tlie}^ m^y deem necessary for the safety and healtli of the 
people, relative to the drainage of buildings and connections with 
public sewers, when such sewer is within one hundred feet of the 
premises to be drained. 

Sect. 8. If any person shall neglect to comply with the provi- 
sions of this act or the regulations of said board, he shall be 
punished b}' a line not less than ten or more than fifty dollars. 

Sect. 9. This act shall take effect on its passage. 

[Approved July 23, 1885.] 



CHAPTER 16 6. 

AN ACT TO INCORPORATE THE TRUSTEES OF THE SIMONDS HIGH SCHOOL 

FUND. 



Sectiox 

1. Corporation constituted. 

2. May invest funds. 

3. Real estate held by trustees may be 

conveyed in name of corporation. 



Section 

4. Maj- be conveyed to corporation. 

5. Organization and bj'-laws. 

6. Subject to repeal. 

7. Takes etfect, when. 



Be it enacted hj the Senate and He/use of Bepresentedires in General 
Court convened .- 



Corporation 
constituteil. 



May invest 
funds. 



Section 1. That Ivobert Thompson, Stephen S. Bean, Stephen 
C. Pattee, Samuel W. Colby, Samuel H. Dow, and Charles 
Currier, of Warner, in the county of Merrimack, of said state, 
their associates and successors, trustees of certain school funds, 
under the respective wills of Franklin Simonds and Abigail 1\. 
Simonds, late of said Warner, deceased, be and hereby are con- 
stituted a corporation by the name of the Trustees of the Simonds 
High School Fund, for the purpose of holding and controlling the 
saicl school funds committed to their care by the provisions of 
said wills, possessing all the rights and powers, and subject to all 
the duties and restrictions contained in said wills, with all the 
powers and privileges, and sul)ject to all the duties, liabilities, and 
restrictions of corporations of a similar nature ; and b}' that name 
may sue and be sued, prosecute and defend causes to final judgment. 

Sect. 2. Said corporation may invest and reinvest said funds 
in such way as they deem proper, having regard to safety and a 



1885.] 



Chapters 166, 167. 



337 



reasonable income from the same, and for this purpose maj' pur- 
chase and sell real estate, or make loans secured by mortgage on 
the same, as they shall see fit. 

Sect. 3. Any real estate now held l\y said trustees in their 
individual name as trustees, or in the name of any agent or officer 
of said trustees, may be conveyed or leased by such trustees or 
their successors, or such agent or officer, or his successor in office, 
respectively, in the name of such corporation. 

Sect. 4. Any real estate now held by said trustees in their 
individual names as trustees, or in the name of any agent or 
officer of said trustees, may be conveyed by such trustees, or such 
agent or officer, or the successors of either, to said corporation. 

Sect. 5. The said trustees, under their present organization, 
may proceed at any meeting thereof to organize under this act, 
by the election of such officers and the adoption of such by-laws 
and rules for their government and for the transaction of busi- 
ness as shall not be inconsistent herewith. 

Sect. 6. This act may at any time be altered, amended, or 
repealed. 

Sect. 7. This act shall take effect upon its passage. 

[Approved July 23, 1885.] 



Real estate held 
by trustees may 
be conveyed in 
name of corpora- 
tion. 



May be convej'ed 
to corporation. 



Organization 
and by-laws. 



Subject to re- 
peal. 



Takes effect, 
when. 



CHAPTER 167. 

AN ACT TO INCORPORATE SAINT MARY's SCHOOL FOR GIRLS. 



Section 

1. Corporation constituted. 

2. Purpose ; limitation as to property ; 

by-laws. 

3. Managenaent of affairs ; vacancies ; 

limit of membership ; quorum. 



Section 
4. Election of principal of school. 
a. First meeting, how called ; where 

held. 
6. Takes effect, when. 



Be it enactal h;} the Senate and House of Bepresentatkes in General 
Court convened : 



Section 1. That William W. Niles, Henry A. Coit, Daniel C. ^°^Pf7jf,*4°f 
Roberts, Henry E. Hovey, Ai B. Thompson, and John L. Farwell, 
their associates and successors, be and they hereby are made a 
body politic and corporate by the name of Saint Mary's School 
for Girls : and l)y tliat name may sue and be sued, prosecute and 
defend to tinal judgment and execution, and shall have and enjoy 
all the powers and privileges, and be subject to all the liabilities 
incident to corporations of a similar character; provided, that the 
number of said associates shall not exceed six. 

Sect. 2. Said corporation is hereby empowered to establish ^.^n'osej^i 
and maintain, in the city of Concord or elsewhere in IS'ew Hamp- erty; by-iaws 
shire, a school for the education of girls, and for that purpose 
may acquire and hold by gift, bequest, or otherwise, real and per- 
sonal estate to an amount not exceeding two hundred thousand 



iniita- 
prop- 



338 



Chapters 167, 168. 



[1885. 



Management of 
affairs ; vacan- 
cies ; limit of 
membership ; 
quorum. 



Election of prin 
cipal of school. 



First meeting 
how called ; 
where held. 



Takes effect, 
when. 



dollars ; may erect suitable buildings, employ proper teachers and 
assistants, and establish all necessary by-laws and regulations for 
their government, and exercise any other power proper to carry 
into effect the object of this act; provided, that said by-laws and 
regulations shall not be repugnant to the constitution and laws of 
this state. 

Sect. 3. Said corporators and their associates and successors 
shall have the entire management and control of the affairs of 
said corporation, and shall by election fill all vacancies which may 
from time to time occur in their body, but the number of eleven 
shall not be exceeded. At all meetings of the corporation three 
shall constitute a quorum for the transaction of all business, 
except as provided in section 4 of this act. 

Sect. 4. The principal of the school shall be elected, and may 
at any time be removed by the corporation, but it shall require a 
majority of the members of the corporation either to elect or to 
remove the said principal, or to authorize the conveyance of real 
estate. 

Sect. 5. Said corporators, or any two of them, ma}' call, in 
such manner and at such time as they may deem proper, the first 
meeting of said corporation, which shall be held in the city of 
Concord, at which, or at any subsequent meeting duly called and 
holden, said corporation may adopt the l)y-laws and regulations 
aforesaid. 

Sect. 6. This act shall take effect and be in force from and 
after its passage. 

[Approved July 23, 1885.] 



CHAPTEE 168. 

AN ACT TO ALTER AND AMEND THE CHARTER OF THE FIRST BAPTIST 
SOCIETY IN NEW BOSTON. 

Section 1. Limitation of real estate. 

Be it enacted by the Senate and House of Reprcsentatwes in General 
Court co7ivened : 



Limitation of 
real estate. 



Section 1. That section 4 of the charter of the First Baptist 
Society in ISTew Boston, approved June 22, 1819, be altered and 
amended by striking out the words " three thousand " in said 
section, and substituting therefor the words " ten thousand," so 
that said section 4 shall read as follows : " And be it further enacted, 
that said corporation may hold any estate for the purposes of said 
society, not exceeding ten thousand dollars in value." 

[Approved July 23, 1885.] 



1885.] Chapters 169, 170. 339 



CHAPTER 169. 

AN ACT TO ENABLE THE TOWN OF HENNIKER TO CONTRACT WITH 
HENNIKER SPRING WATER COMPANY, FOR THE USE OF HYDRANTS 
FOR FIRE PURPOSES. 

Section i Section 

1. Town maj- piirchase, how, etc. 1 '2. Takes effect, when. 

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

Section 1. The town of Henniker is hereby authorized, to Town may pur- 
purchase hose to be used for the extinguishment of fires, and to'' ^^' ow,ec. 
contract with the Henniker Spring Water Company for water for 
the extinguishment of fires in any part or parts of the town, and 
for all necessary conveniences for su[>plying said water at the 
desired part or parts, and to raise or appropriate money for said 
purposes. 

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

X J. CD when 

[Approved July 23, 1885.] 



CHAPTER 170. 

AN ACT IN amendment OF AN ACT APPROVED JULY 1, 1870, ENTITLED 
" AN ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME OF THE 
UNION BRIDGE COMPANY." 

Section I Section 

1. Charter amendea. | 2. Takes effect, when. 

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

Section 1. That section 2 of said act be amended by striking charter 
out the words " and the said corporation is hereby empowered to """"^ 
construct and build a bridge," and inserting in the place thereof 
the words "and the said cori)oration shall have the exclusive 
right to build and maintain a bridge," so that said section as 
iimended shall read as follows : " And the said corporation shall 
have the exclusive right to build and maintain a bridge over and 
across the Connecticut River, between the northerly line of the 
town of Dalton, where it crosses said river, and the southerly line 
of the home farm of the late John H. White, as now occupied 
by George M. Stevens, in Lancaster, where it touches said river ; 
and the same to be kept in repair, and from time to time relniild, 
and for this purpose to purchase and hold so much land as may 
be necessary for their use and accommodation ; and the capital 



340 



Chapters 170, 171, 172. 



[1885. 



Takes effect, 
when. 



stock of said corporation shall not exceed the sum of thirty 
thousand dollars." 

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

[Approved July 23, 1885.] 



CHAPTER 171. 

AN ACT AMENDING THE CHARTER OF THE NEW HAMPSHIRE MED- 
ICAL SOCIETY. 



Section- 
1. Charter ameiideil. 



Section 
■2. Takes effect, when. 



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



Charter 
amended. 



Takes effect, 
when. 



Section 1. That an act passed by the New Hampshire legisla- 
ture in 1816, entitled " An act in addition to an act entitlecr' An 
act to incorporate certain physicians by the name of the jS^ew 
Hampshire Medical Society,' " be hereby amended l)y striking 
ont the words " two hundred," and inserting in the place thereof 
the words " live hundred," so that the clause as amended will 
read : " That the ISTew Hampshire Medical Society shall hereafter 
be authorized and empowered to admit and receive into their 
society iive hundred members." 

Sect. 2. This act sliall take effect npon its passage. 

[Approved July 29, 1885.] 



CHAPTER 172. 

AN ACT TO INCORPORATE THE MASONIC BUILDING ASSOCIATION OF 

MANCHESTER. 



Corporation 
constituted. 



SECTIOX 

1. Corporation constituted. 

2. Buildings and other estate. 

3. Capital stock. 

4. Bonds and mortgages. 

5. Directors and officers. 



Section 

6. Bj'-laws. 

7. First meeting. 

8. Subject to repeal. 

0. Takes effect, when ; not taxable. 



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

Section 1. That James A. Weston, Henry A. Bailey, Joseph 
W. Fellows, Xathan P. Hunt, Alpheus Gay, Andrew Bunton, 
Nathaniel Baker, Samuel N. Bell, Abraham P. Olzendam, 
Charles E. Cox, Alonzo H. Weston, David II. Young, George 
"W. Weeks, Joseph Kidder, George W. Riddle, Adoniram J. 



1885.] Chapter 172. 341 

Lane, Oscar D. Abbott, Joseph E. Bennett, Jobn Hosley, Edwin 
II. IIol)l)S, Henry Chandler, John D. Bean, John C. French, 
Ezra Huntington, Xathaniel W. Cumner, John K. Wilson, Wil- 
liam G. Gannon, Georg-e B. Chandler, their associates, succes- 
sors, and assigns, be and are hereby made a body corporate by 
the name of the Masonic Building Association of Manchester, 
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 lial)ilities 
incident to corporations of a similar nature. 

Sect. 2. The said corporation is hereby empowered to pur- Buildings and 
chase, erect, maintain, and manage a building in Mjmchester, in °"'e'' <^«^''t«- 
the county of Hillsborough, and for that purpose may purchase, 
have, and hold such real and personal estate as may be deemed 
necessary for the purposes of said corporation, to an amount not 
exceeding the sum of two hundred thousand dollars, and the 
same may sell, alienate, and dispose of at pleasure. 

Sect. 3. The capital stock of the corporation shall not exceed capital stock, 
one 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. Said corporation may issue its bonds, secured by a Bonds and mort- 
mortgage of its real estate, to one or more trustees for the benefit ^^^^^' 
of the holders of said bonds, to an amount not exceeding one 
hundred thousand dollars, at such rate of interest, payable at 
such times and upon such conditions and limitations, as may be 
determined by the corporation. 

Sect. 5. The control and management of the aftairs of tl^c Directors and 
corporation shall be vested in a board of directors, not exceeding- 
seven, to l)e chosen by the stockholders at the annual meetings, 
who shall hold ofiice till others are chosen in their places. Said 
board of directors shall elect a president, clerk, and a treasurer, 
who shall give such bond as they shall determine, and such other 
ofiicers and agents as may be found necessary, and fix their duties 
and compensation. 

Sect. 6. Said corporation may from time to time make and By-iaws. 
establish all necessar}- by-laws, rules, and regulations for its gov- 
ernment and for the management of the business thereof, not in- 
consistent with this act and the laws of this state, and change the 
same at its pleasure. 

Sect. 7. James A. Weston, Joseph AV. Fellows, and jS'athan First meeting. 
P. Hunt, or any two of them, may call the first meeting of the 
corporation by giving each of their associates named herein no- 
tice in writing by mail of the meeting at least six days ])rior 
thereto. 

Sect. 8. Any future legislature may alter, amend, or repeal subject to re- 
this act when it is made to appear that the public good requires it. ^^*'" 

Sect. 9. This act shall take eftect on and after its passage, and Takes effect, 
shall be exempt from the provisions of section 5 of chapter 13 of abie. ' 
the General Laws. 

[Approved July 29, 1885.] 



342 



Chapters 173, 174. 



[1885. 



CHAPTER 173 



AN ACT TO INCORPORATE THE CONCORD WATER POWER COMPANY. 



.Section 

1. Corporation constituted. 

2. Its purpose and powers. 



Section 

3. First meeting. 

4. Repealing clause; takes effect, when. 



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



Corporation 
constituted. 



Its purpose and 
powers. 



First meeting. 



Repealing 
clause ; takes 
effect, when. 



Section 1. George F. Page, Charles T. Page, Samuel S. Kim- 
ball, Daniel Barnard, and Frank S. Streeter, their associates, suc- 
cessors, and assigns, be and hereby are made a body corporate by 
the name of the " Concord Water Power Compaii}-," with all the 
powers and privileges incident to corporations of a similar nature. 

Sect. 2. Said corporation is authorized to establish and carry 
on, in the city of Concord, in this state, such various manufac- 
tures as it may from time to time desire in the improvement of 
the water power at and near Sew^all's Falls on the Merrimack 
Pi^'er in said Concord, and for that purpose may purchase, take, 
hold, and convey real and personal property, not exceeding in 
value at any one time the sum of one million of dollars, with 
power to construct a dam across said river, build canals in con- 
nection therewith, deepen the channel of said river, remove 
obstructions therein, and otherwise manage, improve, and dispose 
of said property at pleasure. 

Sect. 3. Either of the persons named in this act may call the 
first meeting of said corporation by giving three days' previous 
notice to each of the persons named herein. 

Sect. 4. The legislature may at any time alter and repeal this 
act, and this act shall take effect upon its passage. 

[Approved July 29, 1885.] 



CHAPTER 174. 

AN ACT IN AxMENDMENT OF AN ACT TO INCORPORATE THE NEW 
HAMPSHIRE ODD FELLOWS' WIDOWS AND ORPHANS' HOME. 



Section 
1. Name changed. 



Section 
•2. Charter amended. 



£e it enacted, b)/ the Sencde and House of Hepresodf/ fives in General 

Court convened : 



Name changed. 



Charter 
amended. 



Section 1. That the name of the Is'ew^ Hampshire Odd Fellows' 
Widows and (Jrphans' Home is hereby changed to the Xew 
Hampshire Odd Fellows' Home. 

Sect. 2. That the first section of said act be so amended as to 
read after the name as follows : " for the purpose of aiding and 



1885.] 



Chapters 174, 175, 176. 



343 



providing for indigent Odd Fellows and the widows and orphans 
of Odd Fellows ; with all the powers and privileges, and subject 
to all the liabilities by law incident to corporations of a similar 
nature." 

[Approved July 29, 1885.] 



CHAPTER 175. 

AN ACT TO LEGALIZE THE MEETING OF THE GOFFSTGAVN FIRE 

PRECINCT. 



Section 
1. Meeting legalized. 



Section 
■2. Takes effect, when. 



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

Section 1. That the meeting of the GofFstown fire precinct Meeting 
held June 13, a. d. 1885, and all the proceedings thereof, be and ^^"^^^ ' 
are hereby legalized. 

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

[Approved July 29, 1885.] 



when. 



CHAPTER 176 



AN ACT IN AMENDMENT OF CHAPTER 30 OF THE SESSION LAWS OF 
1835, ENTITLED " AN ACT TO INCORPORATE CERTAIN PERSONS BY 
THE NAME OF THE FIRST FREE BAPTIST SOCIETY IN GILMANTON." 



Section 
1. Pews may be assessed to pay insur- 
ance. 



Section 

2. Third becomes fourth section. 

3. Takes effect, when. 



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



Section 1. Chapter 30 of the laws of 1835, entitled " An act Pew.s may be 
to incorporate the First Free Baptist Society in Gilmanton,'' is fnsurlnce!'''''^ 
hereby amended by the addition of the following section, which 
shall be the third section of said act : " Said society is empowered 
to insure its church property against loss by fire at the expense of 
the pew-holders, the assessments for such insurance to be made 
in accordance with the appraised value of the pews." 

Sect. 2. The third section of said act shall hereafter be the Third becomes 

n ,1 ,. fourth section. 

tourth section. 

Sect. 3. This act shall take effect upon its passage. 
[Approved July 29, 1885.] 



Takes eflfect, 

wheu. 



344 Chapter 177. [1885. 



C H A P T E R 17 7. 

AX ACT TO IXCORPOKATE THE AMERICAN TYPOGRAPHIC COMPANY. 



Section 

1. Corporation constituted. 

2. Places and kinds of business. 

3. Directors. 

4. Powers of directors. 
.5. Tlieir removal. 

6. Cieneral meetings. 



Section 

7. Composition and meetings of board. 
S. Service of legal processes. 
9. Capital stock. 

10. First meeting. 

11. Takes effect, when ; subject to repeal. 



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

co3itut'eT Section 1. That Stilson Huteliiiis, Wliitolaw Reid, Charles A. 

Biisiel, Joseph W. Fellows, L. G. Hine, Kathan P. Hunt, John 
Hatch, Josiah Gr. Dearborn, E. Kurtz Jolmson, Charles F. Stone, 
Joseph C. Moore, Wallace Hackett, Alelville E. Stone, John AI. 
Hill, Frank S. Streeter, John F. Jones, and William Henry 
Smith, their associates, successors, and assigns, be and are hereby 
made a bpdy politic and corporate by the name of the American 
T\']^^)Ographic Company, and by that name may sue and Ije sued, 
defend and be defendecl, have and use a common seal and estab- 
lish subsidiaiy companies, with like objects, ^^'ith power to adopt 
such b^'-laws and regulations as may be necessary to carry out the 
purposes of this act. 

Places and kinds Sect. 2. Tlic principal placc of l)usiness of this corporation 
shall l)e Manchester, I^. H., but it is authorized to carry on a 
general printing and publishing business in any state of the 
United States, the Dominion of Canada, and foreign countries, 
subject to the laws thereof; to purchase the right, license, or 
privilege of using any invention or improvement in machines, 
devices, and appliances for such business as are now known or 
which may be hereafter made, and to grant or license to others 
the right to use such machines, devices, and appliances ; it may 
make, use, and sell the same, and license others to make, use, and 
sell the same ; it may acquire by assignment letters patent of the 
United States (or any interest in such letters patent) for valuable 
inventions or improvements in the art of printing or devices re- 
lating thereto, and sell, assign, and transfer any right so assigned 
or any interest therein to others, and may acquire, develop, use, 
and dispose of such devices, inventions, improvements, and 
caveats, applications for patents, grants, concessions, or privileges 
relating to or connected Avith such devices, inventions, or improve- 
ments or apparatus applicable in any way to the art of })rinting, 
or any process relating thereto or useful tlierein in any of its 
branches ; it is authorized to contract with any local company, 
corporation, organization, or individual in any state of the United 
States, or countiy foreign thereto, and subject to the laws thereof 
to do a printing and publishing business, and may take such in- 
terests therein, or compensation as royalty for the use of the 



1885.] Chapter 177. 345 

inventions, machines, or devices which it may acqnire, as may be 
determined by its board of directors. 

Sect. 3. The management of the aliairs of the corporation Directors, 
shall be vested in a board of directors, consisting of not less than 
seven nor more than fifteen in nnmber, who shall be elected by 
ballot by the stockholders at their annual meetings. 

Sect. 4. The directors shall have power to iill vacancies in their Powers of direc- 
board caused by death, or resignation, or otlierwise, and appoint 
such ofHcers and committees as they may deem advisable, and pre- 
scribe their duties. 

Sect. 5. Members of the board of directors may be removed Their removal. 
and others elected in their places at any general meeting of the 
stockholders. 

Sect. 6. A general meeting of the stockholders may be called General meet- 
at any time by the board of directors or liy stockholders rep- "'^^' 
resenting one fourth in amount of all the stock issued. A notice 
of all general meetings, specifying the object therefor, shall be 
given by the secretary mailing to each stockholder appearing on 
the books of the company a written or printed notice directed to 
the last known address of such stockholder, at least ten days 
before such meeting, and by publishing such notices at least once 
per week for two weeks |:irior to such meeting, in a newspaper of 
general circulation published near the principal office of said cor- 
poration. 

Sect. 7. Said board of directors may be composed of residents composition 
of any state or the District of Columbia, and meetings thereof of'bo^rd.'"^^ 
may be held wherever they may determine. 

Sect. 8. All legal papers and processes may be served on the service of legai 
clerk of the corporation, and such service shall be sufficient in p''°''®^^^^- 
law. 

Sect. 9. The capital stock of said company shall be five millions capital stock, 
of dollars, divided into shares of one hundred dollars each, and 
may be increased by a vote of two thirds of the stock of the com- 
pany, to an amount not exceeding ten millions of dollars. 

Sect. 10. The first five named persons in this act, or any three First meeting, 
of them, may call the first meeting of this corporation by publish- 
ing a notice in the Daily Union of Manchester, !^. H., at least 
five days before the time of said meeting. 

Sect. 11. This act shall take ett'ect from its passage, and may ^.^'^^^''**^^^ 
at any time be altered, amended, or repealed. to repeal. 

[Approved July 29, 1885.] 



346 



Chapters 178, 179. 



[1885. 



CHAPTER 178. 

AN ACT TO ENABLE THE TOWN OF NEWPORT TO RAISE AND APPRO- 
PRIATE MONEY TO BUILD A TOWN-HOUSE AND PURCHASE FIRE 
APPARATUS. 



Section 
1. Town may appropriate money for 
certain purposes. 



Section 
2. Takes effect, when. 



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



Town may ap- Section 1. That tliB towii of ^N'ewport, bv a maiority vote of 

propnate money ^ , , , . , • -t , ,• ^^ ^ 

for certain pur- tliosG presGiit aiicl votiiig at aiiy special town-meeting called or to 
poaes. ^g called by a legal notice for that purpose, may vote to raise and 

appropriate any sum of money they may deem necessaiy to build 
a town-house for said town, and purchase suitable steam fire- 
engines and hose and tire apparatus for extinguishing tires in said 
town. 

Sect. 2. This act shall take effect upon its passage. 
[Approved July 30, 1885.] 



Takes effect, 
when. 



CHAPTER 179 



AN ACT TO INCORPORATE THE EXETER WATER WORKS. 



Section 

1. Corporation constitutetl. 

2. Capital stock. 

3. Annual and special meetings. 

4. Limitation as to real estate ; right to 

dig ditches and lay pipes. 



Section 

5. To take springs, etc. ; damages. 

6. Water rates and water bonds. 

7. First meeting ; by-laws. 

8. Subject to repeal ; takes etTect, when. 



Be it enacted hij the Senate and House of Bepresentatives in General 
Court coiwened : 



Corporation 
constituted. 



Section 1. That George A. Wentworth, Edwin G. Eastman, 
William B. Morrill, Warren F. Putnam, and Charles J. Gilman, 
their associates, successors, and assigns, shall be and hereby are 
made a body politic and corporate by the name of the Exeter 
Water Works, for the purpose of bringing water into the village 
of Exeter, in the county of Rockingham, for domestic uses, the 
extinguishment of fires, and such other purposes as may be 
deemed necessary, and by that name may sue and be sued, prose- 
cute and defend to tinal judgment and execution, and are hereby 
vested with all the powers and subject to all the lial;)ilities in- 
cident to corporations of a similar nature. 



1885.] Chapter 179. 347 

Sect. 2. The capital stock of said corporation shall consist of capital stock, 
snch nnmher of shares, not exceeding iifty dollars each, as may 
be from time to time determined by the directors of said corpo- 
ration, not exceeding in the whole the snm of one hnndred 
thousand dollars. 

Sect. 3. The annual meeting of said corporation sliall be Annual and 
holden at such time and place as may be prescribed by the by- ings!'^ ™^^ 
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 whenever they shall 
deem it necessary, giving such notice as the by-laws may pre- 
scribe. 

Sect. 4. Said corporation is empowered to purchase and hold. Limitation as to 

n • t ji- 11 1 1 J real estate ; 

m tee simple or otherwise, any real and personal estate necessary right to dig 
for the carrying into eftect the purposes of this act, not exceeding f^^^^_^ ^""^ '^^ 
in value forty thousand dollars at the time of the purchase ; and 
said corporation is authorized to enter upon and break ground, 
dig ditches, and make excavations in any street, place, square, 
passage-way, or highway, through which it may be deemed 
necessary for the pipes and water works of said corporation to 
pass, be, or exist, for the purpose of placing said pipes, water 
works, and such other material as may be deemed necessary for 
building said water works, and to relay and repair the same, 
subject to such regulations as to the safety of the citizens and 
security of the public travel as may be prescribed by the select- 
men of the town of Exeter. 

Sect. 5. Said cori)oration is authorized to enter ui»on and to take springs, 

• , . , 1 111-, etc. ; damages. 

appropriate any springs, streams, or ponds not belonging to any 
aqueduct company, and to secure such springs, streams, or ponds 
by fences or otherwise, and dig ditches, make excavations and 
reservoirs through, over, in, or upon any land or inclosure 
through which it may be necessary for said pipes and water to 
pass, or said excavations, reservoirs, and water works to be or 
exist, for the purpose of obtaining, holding, preserving, or con- 
ducting said water, and placing such pipes, other materials, or 
works, as may be necessary for building and operating such -water 
works or repairing the same ; provided, that, if it shall be neces- 
sary to enter upon and appropriate any springs, streams, or 
ponds, or any land, for the purpose aforesaid, or to raise or 
lower the level of the same, and said corporation shall not be able 
to agree with tlie owners thereof for the damages that may be 
done b}" said corporation, or the owner shall l)e unknown, either 
party may apply to the supreme court at a trial term in the 
county of Rockingham, to have the same laid out and the dam- 
ages determined; and said court shall refer th6 same to the 
county commissioners for said county, who sliall appoint a time 
and place of hearing, and give notice thereof in the same manner 
as no^v provided 1)}' law for laying out highways. Said comnlis- 
sioners shall make report to said court, and said court may issue 
execution therein accordingly ; but if either party shall desire it, 
upon application to said court, before reference to said commis- 
sioners, they shall lie entitled to a trial by jury in such manner 
and under such regulations as said court may prescribe. 



348 



Chapters 179, 180, 



[1885. 



Water rates and 
water bonds. 



First meeting ; 
bv-laws. 



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



Sect. 6. Said corporation may contract witli individuals and 
corporations for su[)}ilying them with water, establish such tolls, 
and charge such rents for the use of water as shall be deemed 
reasonable, and said corporation is authorized to borrow money 
to defray the cost of such water works and to issue the notes, 
bonds, or obligations of said corporation therefor, payable at 
such times and at such rate of interest not exceeding six per cent 
as they may determine, and may, if they deem it expedient, se- 
cure such notes, ])onds, or obligations by a mortgage of all their 
estate, real and personal, which mortgage shall be recorded in 
the ofhce of the register of deeds for the county of Rockingham. 

Sect. 7. Any two of the corporators named in tliis act may 
call the lirst uieeting of the corporation b}' giving a notice in 
writing to each of the corporators of the time and place of meet- 
ing at least seven days before the day of meeting, or by notice 
published in some newspaper published in said Exeter at least 
fourteen days before said meeting ; and at said meeting, or any 
adjourned meeting thereof, or at any subsequent meeting duly 
called, associates may be admitted and all proper officers chosen, 
the number and par value of shares fixed, and such by-laws anct 
regulations adopted as may be deemed necessary to carry into 
effect the business of the corporation. 

Sect. 8. This act may be altered, amended, or repealed when- 
ever the public good recpires, and shall take effect on its passage. 

[Approved August 12, 1885.] 



CHAPTER 180 



AN ACT TO incorporate THE NASHUA HISTORICAL SOCIETY. 



Skction 

1. Corporation constituted. 

2. Limitation of property. 
.'). Powers and privileges. 



Section 

4. First meeting. 

5. TalvGS effect, when; subject to repeal. 



Corporation 
constituted. 



Limitation of 
property. 



Be if cnadt'd h'l fhc Senate and House of Bepreserdatices in General 
Court ronrened .- 

Section 1. That Orrcn C. Moore, John H. Goodale, Henry B. 
Atherton, Fred Kelsev, Charles Holman, Cornelius Y. Dearborn, 
Dana AV. King, Virgil C. Gihnan, William W. Bailey, Charles 
W. Stevens, and William F. York, with their associates, and 
such other persons as shall from time to time be admitted mem- 
bers under the constitution and by-laws to l)e established by said 
society, be and they hereby are created a Ijody corporate under 
the name of the Nashua Historical Society, with all the powers, 
]:>rivileges, and lial)ilities incident to corporations of a like nature. 

Sect. 2. The said corporation may purchase, take by gift, be- 
quest, or devise, and hold real and personal property to an amount 
not exceeding twenty thousand dollars. 



1885.] 



Chapters 180, 181. 



349 



Sect. 3. The said corporation shall have power to determine Powers and 
at what place their library and collections shall be located ; .^t ^""'*'^''^' 
what times and places their meetings shall be holden ; to elect 
from among the members of said corporation such officers with 
such powers and duties as they shall judge expedient: and also to 
enact any l)y-laws for the government of said corporation ; pro- 
ruled., the same be not repugnant to the constitution and laws of 
this state. 

Sect. 4. The said Orren C. Moore, John H. Goodalc, Henry First meetiug 
13 . Atherton, and Charles Holman, or any three of them, shall 
have power to call the first meeting of said corporation at such 
time and place as they may deem expedient. 

Sect. 5. This act shall take etfect upon its passage, and may at Takes effect, 
any time be altered, amended, or repealed. 

[Approved August 12, 1885.] 



when ; subject 
to repeal. 



CHAPTER 181. 

AN act to enable THE CITY OF KEENE TO PROCURE AN ADDI- 
TIONAL WATER SUPPLY, AND TO CONSTRUCT AND MAINTAIN THE 
ADDITIONAL WORKS NECESSARY THERETO. 



Sectiox 
1. Keene may construct 
water works. 



atUlitional 



Section 
2. Takes eftect, when. 



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

Section 1. The citv of Keene, in the county of Cheshire, is Keene may con- 

, T ii'i," TT,' 1 i 1 Ij. struct additional 

hereby authorized to procure an additional water supply, and to water works, 
construct and maintain an additional reservoir pond or ponds, 
with the necessary dams and ])uildings, in said city, or in the 
towns of Roxbury or Chesterfield in said county, to be used inde- 
pendent of or in connection with the present city water Avorks ; 
and for that purpose to procure by purchase or otherwise, and to 
hold the necessary lands, rights, and appurtenances required for 
the same and for conducting water to and from said ponds ; and 
in obtaining and securing the same, said city shall be subject to 
all the duties and have all the rights contained in sections 1 and 
2 of an act entitled " An act to enable the town of Keene to 
establish water works," approved July 3, 1861 ; and the provi- 
sions contained in said sections of said act shall be in force and 
applicable to the procuring and appraisal of lands, rights, and 
maintenance of said additional reservoir ponds, the whole expense 
of the same not to exceed one hundred thousand dollars ; and 
said city is hereby authorized to levy taxes and borroAV money l)y 
issuing its bonds or otherwise, for the purpose of obtaining an 
additional water supply as herein stated, to an amount not exceed- 
ing said sum of one hundred thousand dollars. 

Sect. 2. This act shall take efiect on its i)assage. Takes effect, 

[Approved August 12, 1885.] 



350 Chapter 182. [1885. 



CHAPTER 182. 

AX ACT TO IXCOllPORATE THE NASHUA CEMETERY ADDITIONAL. 

Section i Section 

1. Corporation constituted. 3. Must give unincumbered title. 

2. May use land and lay out cemetery 4. First meeting. 

lots. I 5. Takes etTect, wlien ; subject to repeal. 

Be it enacted htj the Senate and Mouse of Representatives in Genercd 
Court convened : 

Corporation Section 1. Jolin A. Spalclliig, Israel T. Hunt, and Charles W. 

constituted. Hoitt, their associates and successors, are hereby made a body 
corporate by the name of the Xashua Cemetery Additional, with 
■ all the rights and privileges, and subject to all the duties and 
liabilities incident to such corporations. 

May use land Sect. 2. Tlic Said corporatiou may establish and maintain a 

et"e'^ry'\ot°"*''^'^" public burial ground on the northerly side of Canal street and 
westerly side of Grove street in said Nashua, adjoining the 
Nashua Cemetery on tlie north, as an addition to and enlargement 
of said Nashua Cemeterj-, and for that purpose may make use 
of the lot of land, or so much thereof as may be necessary 
therefor, adjoining said Nashua Cemetery, owned by the late Israel 
Hunt of said Nashua at his decease, and may arrange and divide 
the same into lots, with ways and avenues thereto, for fiimily and 
private burial lots, and may dispose of the right to use such lots 
for cemetery pur[)0ses at their pleasure. 

Must give unin- Sect, 3. A Valid title of the said lot of land shall be conveyed 
by the heirs of said Israel Hunt to said corporation, or of so much 
thereof as may be used for said C-emetery Additional, upon terms 
to be agreed on between said heirs and said corporation, before 
the corporation shall convey or dispose of any lot, or the riglit to 
use any lot in said cemetery for burial purposes, so that the pur- 
chaser of such lot, or of the right so to use such, may be assured 
of an unincumbered title or right thereto. 

First meeting. Sect. 4. Tlic Said Joliu A. Spalding may call the first meeting 
of said corporation by giving personal notice to each of the other 
grantees of this charter of the time and place of said meeting, 
at least forty-eight hours before the time designated therefor. 

Takes effect, Sect. 5. Tliis act sliall take effect and be in force at its passage, 

To^? eai"''^'"'* and may at any time be altered, amended, or repealed. 
[Approved August 12, 1885.] 



cumbered title. 



1885.] 



Chapters 183, 184. 



351 



CHAPTER 18 3 



AN ACT TO AUTHORIZE THE EXTENSION OF THE PORTSMOUTH BREW- 
ING company's wharf. 



Section 

1. Company maj- extend wharf. 

2. Limit of extension. 



Section 
3. Takes effect, when. 



Be it enacted by the Senate and House of Beprescntatkes in General 
Court conve?ied : 

Section 1. The Portsmoutli Brewino- Company, a voluntary company may 

. - i-ij 1 • 1 • extend whart. 

association, is hereby authorized to construct ana maintain a 
wharf on the bank of the Piscataqua river, for the loading of 
vessels and discharging the cargoes thereof, and for other wharf- 
age purposes. 

Sect. 2. Said wharf shall extend from the land now owned by Limit of exten- 
said Brewing Company lying on the Piscataqua river in Ports- 
mouth, for a distance of not more than six feet into said river 
below the line of low water mark. 

Sect. 3. This act shall take effect upon its passao:e. Takes effect, 

[Approved August 12, 1885.] 



vhen. 



CHAPTER 184. 

AN ACT TO incorporate THE NEW HAMPSHIRE TRUST COMPANY. 



Section 
1. Corporation constituted; powers and 

privileges; name and location. 
•2. Capital stock; limitation as to real 

estate. 

3. Taxation. 

4. By-laws. 



Section 

5. Personal liability. 

6. Bank commissionert 

7. First meeting. 

8. Subject to repeal. 

9. Takes etfect, when. 



Be it enacted by the Senate and House cjf Bepresentatires in Genend 
Court convened : 



Section 1. That John C. French, Clinton S. Averill, William corporation con- 
H. Berrv, James F. Briggs, Hiram D. Upton, Edwin F. Jones, eil'^andp'rivt'^" 
George C. Gilmore, Virgil C. Gilman, John S. Collins, Oscar H. ISor""" ^"'^ 
Bradley, Alonzo Elliott, Charles H. Bartlett, Royal H. Porter, 
Leonard P. Foster, George A. Fernald, Abraham P. Olzendam, 
Edward M. Slayton, Arthur L. Walker, Walter S. Holt, William 
P. Chamberlain, and their associates, successors, and assigns, be 
and they are hereby incorporated and made a body corporate by 
the name of the !New Hampshire Trust Company, to be located 
at Manchester in this state, with authority to have and execute 
all the powers and privileges incident to corporations of a similar 



352 



Chapter 184. 



[1885. 



Capital stock ; 
limitation as to 
real estate. 



Taxation. 



Bylaws. 



Personal 
liability. 



Bank com- 
missioners. 



First meeting. 



Subject to 
repeal. 



Takes effect, 
when. 



nature, for the purpose of prosecuting the business of a safe 
deposit and trust company, to receive on deposit or for safe 
keeping money and other vahiables, to act as trustee or tinancial 
agent, to negotiate loans for persons, iirnis, or corporations, and 
to deal in investment securities. Said company may have the 
further rights and powers of a fidelity insurance company, for the 
purpose of guaranteeing the fidelity of persons holding positions 
of tinancial responsibility. 

Sect. 2. Said company shall have a capital stock of one hun- 
dred thousand dollars ($100,000), divided into shares of one hun- 
dred dollars each, with authority to increase the capital to two 
hundred thousand dollars ($200,000), and may acquire and hold 
real estate for its own use to the value of twenty-five thousand 
dollars ($25,000), exclusive of such real estate as may be taken in 
good faith for debt or held as collateral securit}'. 

Sect. 3. The provisions of law now or hereafter in force, gov- 
erning the taxation of the capital stock of banks, shall appl_y to 
this company. 

Sect. 4. Said company, at any meeting duly held, may adopt 
such by-laws and regulations, not repugnant to the laws of this 
state, as may be convenient and necessary for the proper manage- 
ment of the business for which the company was created. 

Sect. 5. The private property of shareholders shall not be 
liable for the debts of tlie compan3\ 

Sect. (3. Tlie affairs of the company shall be under the super- 
vision and control of the l:)ank commissioners, who shall make 
the same examinations into and the same reports upon its condi- 
tion, and receive the same pay for their services from the state 
as in case of savings banks. 

Sect. 7. Hiram D. Upton, John C. French, and Alonzo Elliott, 
or any two of them, may call the first meeting of the members 
by a notice in some newspaper published in said Manchester, 
giving fifteen days' previous notice. 

Sect. 8. The legislature may alter, amend, or repeal this act 
whenever in their opinion the public good requires it. 

Sect. 9. This act shall take effect from and after its passage. 

[Approved August 13, 1885.] 



1885.] 



Chapter 185. 



353 



CHAPTER 185. 

AN ACT TO EXTEND THE CHARTER OF THE CONCORD GUARANTY SAY' 
INGS BANK, PASSED JUNE SESSION, 1883. 



Section 
1. Charter extended. 



Section 
2. Takes effect, when. 



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

Section 1. The act to incorporate the Concord Guaranty Sav- charter 
ings Bank, approved September 14, 1883, be and hereby is ^^•^^'''^®^- 
revived and extended. 

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

. [Approved August 13, 1885.] "^'"• 



AN ACT TO INCORPORATE THE CONCORD GUARANTY SAYINGS BANK. 



Section 

1. Corporation constituted. 

2. Deposits and investments. 

3. Guaranty fund. 

4. Special deposits. 

5. Members of corporation; 

quorum. 



officers; 



Section 

6. Real estate. 

7. Taxation. 

8. First meeting. 

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



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



Section 1. That Stillman Humphrey, B. Frank Brown, Cyrus corporation 
R. Robinson, Paul Holden, Edson C. Eastman, Robert A. Ray, '^^^^ ' " ^ ' 
Dr. J. H. Gallinger, E. F. Mann, G. B. Emmons, and Frank L. 
Ahbott, and their associates, successors, and assigns, are hereby 
made a body politic and corporate under the name of the Con- 
cord Guaranty Savings Bank, to be located at Concord, ^^'ith all 
the rights and privileges, and subject to all the duties and liabili- 
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 Deposits and in- 
person or persons, on such terms and conditions as may be pre- '*"^^*™®"^^- 
scribed by it or its trustees, or be agreed to hy 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 such 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 
relation to savings ])anks. 

Sect. 3. For the better protection and security of the general Guaranty fund, 
depositors of the bank it shall provide for and have a permanent 
guaranty fund of not less than twenty-iive thousand dollars, with 



354 Chapter 185. [1885. 

liberty to increase the same at pleasure to not exceeding two 
lumdred thousand dollars. Said fund shall be kept and main- 
tained as a guaranty to the general deposits for the repayment of 
said deposit^s according to the terms and conditions thereof, in 
case of any insufficiency of the assets of the bank to pay all of its 
liabilities ; and the general deposits shall have the precedence of 
payment from the assets of the l)ank before payment from said 
assets on account of said guaranty fund, and no business in the 
way of receiving general deposits shall be transacted by the bank 
unless the amount of t^ventj'-live thousand dollars shall then have 
been provided for said guaranty fund. The special deposits shall 
at no time be less than ten per cent of the general deposits, nor 
shall said special deposits be increased by amounts of less than 
ten thousand dollars at any one time. 

Special deposits. Sect. 4. Special deposits may be received by the bank to con- 
stitute the guaranty fund before mentioned, Avhich shall not be 
withdrawn except by tlie permission of the bank commissioners, 
nor at anj^ time so as to reduce said fund l;»elow the amount 
required for the same as hereinbefore 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 be 
less than four per cent ]>er animm ; and the book given general 
depositors on making tlieir first deposit shall state therein the 
rate of interest to be paid, and no change can be made therefrom 
until after tliree months' notice of the proposed change has been 
given by mailing notice of same to each and every depositor, 
directed to his or her last known residence ; and the special de- 
^(osits for the guaranty fund shall not l)e entitled to any interest, 
but instead thereof shall have all the net income and profits of 
the bank above its expenses, the interest due 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 tlie bank or its trustees 
may order ; j^rorided, hoicever, that such dividends shall be made 
only ^^dlen the net resources of the bank above its expenses, its 
lial)ilities for the general deposits, and the guaranty fund afore- 
said, shall l)e sufficient to pay the same. 

Members of cor- Sect. 5. Tlic spccial dcpositors for the guaranty fuud, aud their 

ceM;'quorum. assigus, shall by virtue thereof become and be mend)ers 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 coi'poration. And the manage- 
ment and control of the affiiirs of the corporation shall be vested 
in a board of 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 meeting duly notified shall constitute a quorum for 
the transaction of lousiness. And said board shall have the power 
to make and establish such rules and regulations as they may think 
proper, for the transacting and governing the business of the 
corporation. 

Real estate. Sect. 6. Said bauk may purchasc and hold real estate to the 



1885.] Chapters 185, 186. 355 

value when purchased of not exceeding twenty-five thousand dol- 
lars, and may hold sucli amounts as may at any time be deemed 
advisable for the security and satisfaction of any dues to it. 

Sect. 7. The tax on the special deposits shall l)e assessed and Taxation. 
paid in the same manner and at the same rate as the law requires 
on general deposits. 

Sect. 8. Any three of the five grantees first named may call First meeting, 
the first meeting of the corporation by notice in writing to each 
grantee, or by one publication in some newspaper printed in 
Concord, 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 it. ^"^ ' 

Sect. 10. This act shall take ett'ect upon its passage. wh'en^*^*''' 

[Approved September 14, 1883.] 



CHAPTER 186. 

AN ACT TO INCORPORATE THE NEW ENGLAND MUSICAL FESTIVAL 

ASSOCIATION. 

Section i Section 



1. Corporation constituted. 
3. Limitation of property. 
3. First meeting. 



4. Subject to repeal. 

5. Takes elTect, wlien. 



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

Section 1. That Anthony C. Hardy, Henri G. Blaisdell, W. ^°^P°'t^*ej; 
E. Brackett, George W. Weeks, and David B. Story, their asso- 
ciates, successors, and assigns, be and are hereby made a body 
politic and corporate by the name of the xs'ew England ^lusical 
Festival Association, for the purposes of cultivating the arts of 
music and literature by holding conventions and festivals, for 
instruction, practice, and entertainment; and the said corporation 
may sue and be sued, defend and be defended, have and use a 
common seal, and establish by-laws and regulations which may 
be necessary to carry out the purposes of this act, and shall lie 
vested with all the powers and privileges, and be subject to all 
the liabilities by law incident to corporations of similar nature. 

Sect. 2. Said corporation may purchase, take, and hold, by Limitation of 
deed, gift, bequest, devise, or otherwise, real and personal estate, 1"'°^®'''^- 
for the purposes of said corporation, to any amount not exceeding 
at any one time fifty thousand dollars, and may impi'ove, use, 
sell, and convey, or otherwise dispose of the same at pleasure. 

Sect. 3. The above named persons in this act ma}- call the First meeting, 
first meeting of this corporation by publishing a notice in some 
paper printed in Concord, N. H., two weeks before the time of 
the meeting. 



356 



Chapters 186, 187. 



[1885. 



Subject to 
repeal. 



Takes effect, 
when. 



Sect. 4. The legislature may at any time alter, amend, 
repeal this act, whenever the public good may require it. 
Sect. 5. This act shall take effect from and after its passage 
[Approved August 13, 1885.] 



or 



CHAPTER 187. 

AN ACT TO IXCORPORATE THE WOODSTOCK AND LINCOLN TURNPIKE 

COMPANY. 



Sectiox 

1. Corporation constituted. 

2. Maj' construct a road ; its termini. 

3. Capital stock. 

4. Laying out and damages. 

5. Toll-gates and tolls. 



Section 
G. Officers and agents. 

7. Annual and special meetings. 

8. First meeting. 

9. Limitation of charter. 

10. Subject to repeal ; takes effect, when. 



Be it enacted by the Senate and House of Representaiices in Genend 
Court convened: 



Corporation 
constituted. 



May construct 
a road ; its ter- 
mini. 



Capital stock. 



Laying out and 



Toll-gates and 
tolls. 



Section 1. That Joseph W. Campbell, Samuel N. Bell, IS^. H. 
Weeks, Charles II. Greenleaf, J. B. Elliot, C. M. Buchanan, 
their associates, successors, and assigns, are hereby made a body 
corporate by the name of the Woodstock and Lincoln Turnpike 
Company, and by that name may sue and be sued, and have and 
enjoy all the rights, privileges, and powers, and be subject to all 
the duties and liabilities by law incident to corporations of a 
similar nature. 

Sect. 2. Said corporation is authorized to lay out, construct, 
and keep in repair a road from some convenient point near the 
terminus of the Pemigewasset Yalley Railroad at jSTorth Wood- 
stock, to the summit of the Pemigewasset Mountain (so called) 
in Lincoln, and to such other points of interest in the towns of 
AVoodstock and Lincoln and vicinity (where roads do not now 
exist) as the directors of said corporation shall deem the public 
convenience to require to accommodate the summer pleasure 
travel. 

Sect. 3. The capital stock of said corporation shall consist of 
not more than t^vo thousand shares of the par value of one hun- 
dred dollars each, and the amount of the capital stock may be 
fixed at the first meeting of the corporation, and may be increased 
from time to time by the directors, not exceeding the amount 
herein limited. 

Sect. 4. If said corporation do not agree with the owners of 
the land for the right of way, such roads may be laid out on the 
petition of the corporation, and damages assessed in the same 
manner that highways are laid out and damages assessed therefor. 

Sect. 5. Said corporation may erect and hold toll-houses and 
other real estate, and erect and maintain gates across said roads, 
and the directors may appoint such toll-gatherers as may be re- 



1885.] Chapters 187, 188. 357 

quired to collect the tolls, who shall have authority to stop any j 

persons and teams passing on said roads until they shall have paid 
the tolls thereon ; and the directors shall have authority from time 
to time to direct and establish such rates and tolls as they may 
deem proper, subject to alteration and revision by the legislature. 

Sect. 6. The immediate government and control of the affairs officers and 
of said corporation shall be vested in not less than five directors, ^^^^ *' 
to be chosen by the members or stockholders, and to hold their 
offices until others are chosen in their stead ; and said directors, 
a majority of whom shall constitute a quorum for the transaction 
of business, shall elect one of their number to be president who 
shall be president of the corporation, and a clerk who shall be 
sworn and shall be clerk of the corporation, and such other 
officers and agents as may be proper for the purposes of the 
corporation. 

Sect. 7. The annual meetino; of said corporation shall be held Annual and 

-, iT'T- 111 special meetings. 

at such place and on such day m this state as tlie by-laws may 

prescribe, or as the directors may appoint, at which meeting 

directors shall be chosen by ballot ; and special meetings may be j 

held whenever the directors shall deem the same proper, giving 

such notice as the by-laws may prescribe. j 

Sect. 8. The three persons iirst named in this act may call the First meeting. | 

first meeting of the corporation b}' pulilishing notice thereof in ' 

some newspaper printed in the county of Grafton one week 
before the day of meeting, at which meeting directors may be ; 

chosen, the amount of capital stock limited, and such other busi- 
ness transacted as the interests of the corporation may require. 

Sect. 9. The roads herein authorized may be constructed J-imitation of , 

from time to time as the public travel ma^^ require, and this act 
shall be void as to all such parts of said roads as shall not be i 

completed for use before December 31, 1895. j 

Sect. 10. The les-islature mav alter, amend, and rer)eal this act, subject to re- J 

and the same shall take effect on its passage. feet, 'when. ;| 

[Approved August 13, 1885.] " ' I 



CHAPTER 188 



AN ACT TO INCORPORATE THE CAPITOL FIRE ASSOCIATION OF N. H. 



Section 
1. Corporation constituted. 
'2. Capital stock ; real estate. 
3. First meetiiiK. 



Section". 
4. By-laws. 

'-). Returns ami taxation. 
(!. Subject to repeal ; takes effect, when. 



J^e it enacted by the Senate and House of Representatives in General 
Court convened : 

Section 1. That Ezra B. !Mann, Samuel B. Page, Edward corporation 
Woods, Andrew J. Leighton, Ira Whitcher, Charles G. Smith, ''°°'' '" ^ " 
Joseph Poor, AYilliam F. Westgate, Clark E. liowell, and their 



358 



Chapters 188, 189. 



[1885. 



Capital stock ; 
real estate. 



First meeting. 



By-laws. 



Returns and 
taxation. 



Subject to re- 
pea! ; takes ef- 
fect, when. 



associates, successors, and assigns, be and they hereby are incor- 
porated and made a body politic by the name of the Capitol Fire 
Association of I^. H., with authority to have and exercise all the 
powers and privileges incident to corporations of a similar nature, 
for the purpose of making and etfecting insurance against losses 
by fire. 

Sect. 2. Said corporation shall have a capital stock of fifty 
thousand dollars, divided into shares of fifty dollars each, with 
liberty to increase the capital stock to five hundred thousand dol- 
lars ; and may acquire and hold real estate for its own use to the 
value of twenty-five thousand dollars, exclusive of such real estate 
as may be taken for debt, or may be held for collateral security. 

Sect. 3. Said Ezra B. Mann and Samuel B. Page may call 
the first meeting of the members of said corporation, by an 
advertisement in some newspaper printed in Littleton, giving 
fifteen days' previous notice. 

Sect. 4. Said corporation, at any meeting duly held, may adopt 
such by-laws and regulations, not repugnant to the laws of this 
state, as shall be convenient and necessary for the proper manage- 
ment of the business and concerns of the corporation, and the 
prosecution of fire insurance. 

Sect. 5. The treasurer of said corporation shall make the 
returns, and said corporation shall be taxed in the manner pro- 
vided in chapter 90 of the laws of 1870, entitled " An act in amend- 
ment of the charter of the N"ew Hampshire Fire Insurance Com- 
pany," approved July 2, 1870. 

Sect. 6. The legislature may at any time alter, amend, or 
repeal this act, if in their opinion the public good requires it; 
and this act shall take efiect upon its passage. 

[Approved August 13, 1885.] 



CHAPTER 189. 

AN ACT PROVIDING FOR THE IMPROVEMENT OF THE ISRAELIS RIVER 
AND ITS TRIBUTARIES. 



Sectiox 

1. Corporation constituted. 

2. May erect dams; damages. 

3. Establish tolls. 

4. Excessive tolls. 



Section 

5. Rates of tolls to be published. 

6. First meeting. 

7. Subject to repeal. 

8. Takes effect, when. 



Be it i-iiaded by the Senate and House of Bepresentatkes in General 
Court convened : 



Corporation 
constituted. 



Section 1. Frank Smith, Willie E. Bullard, Henry 0. Kent, 
Samuel H. Legro, Jared I. Williams, and Wilbur F. Burns, ancl 
their associates, successors, and assigns, shall be and hereby are 
made a body politic and corporate by the name of the Israel's 
Improvement Company, for the purpose of erecting dams and 



1885.] Chapter 189. 359 '| 



sluices, and niaking- such other improvements as ma}' be proper 
and necessary, on Israel River and its tributaries in the towns of 
Jeiferson and Lancaster, in Coos County, to improve said river 
and its tributaries, for the purpose of driving logs and lumber 
therein, and driving hnnber over and through said dams and 
sluices, and of establishing rates of toll on lumber so driven and 
sluiced; and shall be invested with all the rights and privileges, 
and subjected to all the liabilities of corporations of a similar 
nature; and may purchase and hold real estate and other prop- 
erty not exceeding in value the sum of twenty-five thousand dol- 
lars, said sum to be held in shares of one hundred dollars each. 

Sect. 2. Said corporation may erect and maintain such and so May erect dams ; 
many dams, sluices, and booms, on said river and its tributaries, ''™*^^*- 
and may clear, deepen, and improve the same to such extent as 
shall be deemed necessary for the proper driving of logs and lumber 
through said improvements and river into the Connecticut River ; 
and if the owner or owners of any property situated within said 
towns feel that his or their property has been damaged by said 
improvements, he or they may apply to the supreme court for the 
southern judicial district of said county, and said court shall, on 
application of the party aggrieved, cause said damage, if any, to 
be estimated by a conmiittee of three disinterested men of said 
county ; jrromded, hoioerer, that if either party be dissatistied with 
the award of said committee, he may transfer any question of law 
in the report of said committee contained to the law term of said 
court for the determination of the full bench, in the same manner 
as like questions are now determined ; but said committee's tinding 
of facts shall be final and conclusive. 

Sect. 3. Said corporation may make and establish such rates Establish toils, 
of toll for driving lumber or timber over or through said dams, 
sluices, and river and its tributaries as may be deemed by them ex- 
pedient, and shall have power to sue for and collect such toll in 
the same manner as corporations are by law allowed to collect 
debts due them ; and said corporation may have a lien on all logs 
or tind^er which may pass over or through said dams, sluices, and 
improvements, and may hold possession of the same until said 
tolls are paid or satisfactorily secured. 

Sect. 4. Any party aggrieved by the rates of toll so established Excessive toils, 
as aforesaid in the preceding section, may apply to said court or 
any justice thereof, who after due notice to the parties and hear- 
ing shall rcA'ise said rates, and his revised rates of toll shall be the 
established rates on said river. 

Sect. 5. As soon as said rates of toll are established, said cor- ^;^*®^^°-gj°g"* *° 
poration shall cause the same, duly attested, to be published in 
some newspaper in said district, and such i-ates, when so published 
and recorded in the clerk's book of records of the doings of said 
corporation, shall be the established rates, and such notice shall 
be deemed legal notice to all parties concerned. 

Sect. 6. Frank Smith, or Henry O. Kent, or either of them. First meeting, 
ma}' call the first meeting of said corporation I)}' publishing notice 
thereof three weeks prior to sai<l meeting in the Coos County 
Democrat, a newspaper printed in said district; and said corpora- 



360 



Chapters 189, 190. 



[1885. 



Subject to 
repeal. 

Takes effect, 
when. 



tion when so met may elect associates, establish by-laws, rules, 
and regulations for the government of the same, elect such officers 
as may be necessary, and transact such business as maj' pertain to 
corporations of a similar nature. 

Sect. 7. The legislature may at any time alter, amend, or 
repeal this act. 

Sect. 8. This act shall take efiect upon its passage. 

[Approved August 13, 1885.] 



CHAPTER 190. 



AN ACT TO INCORPORATE THE FARMS CEMETERY IN HUDSON. 



Section 

1. Corporalion constituted. 

•2. Real estate ; by-laws, etc. 



Section 

3. First ineetins- 

4. Takes effect, when. 



Be it enacted by the Senate and House of Heprese/dafires in. General 
Court conrened: 



Corporation 
constituted. 



Real estate ; 
by-laws, etc. 



First meeting. 



Takes effect, 
when. 



Section 1. That Charles AV. Spalding, Kimball "Webster, and 
James L. Pierce, and the other owners of lots in the cemetery 
in Hudson known as " The Farms Cemetery," and their asso- 
ciates, successors, and assigns, be and hereby are incorpo- 
rated and made a body politic and corporate by the name of 
The Farms Cemetery, and are vested with all the powers and 
privileges, and made subject to all the restrictions and liabilities 
incident Ijy law to corporations of a similar nature. 

Sect. 2. Said corporation is authorized to hold such real and 
personal estate as may be necessary and proper to enable them to 
maintain and keep in repair said cemetery, to an amount not 
exceeding five thousand dollars, and to establish by-laws to regu- 
late the mode of notifying and holding the meetings of said 
corporation, and tlio number, powders, and duties, and mode of 
choice of the officers thereof ; to provide the mode of admitting 
and discharging members, and to provide for the laying of assess- 
ments and for the sale or forfeiture of the rights or shares of 
members for the non-payment thereof, and all the other necessary 
and pro[)er by-laws and regulations not repugnant to the laws of 
this state. 

Sect. 3. The three persons iirst named in this act, or any two 
of them, may call the first meeting of said corporation by posting 
up notices in at least three public places in said Hudson, not less 
than three weeks previous to the day of said meeting ; and at 
such meeting, or at any subsequent one duly called for that pur- 
pose, by-laws may be adopted and all necessary officers chosen 
for managing the affiiirs of said corporation. 

Sect. 4. This act shall take etfect from its passage. 

[Approved August 13, 1885.] 



1885.] 



Chapters 191, 192. 



361 



CHAPTER 191 



AN ACT RELATING TO THE MANCHESTER HORSE RAILROAD. 



Section 
1. Charter extendecl. 



Section 
2. Takes effect, when. 



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



Section 1. That so much of the charter of the Manchester charter 
Horse Raih'oad as relates to the uncompleted parts of the road is ^^ ^^ ^ ' 
hereby continued in force, and the time for the completion of the 
same is hereby extended to December 31, 1890; prorided, that an 
extension of the present road be constructed as the same may 
be laid out under the provisions of the original charter, in accord- 
ance with the vote of the directors of said horse railroad, from 
Elm St. to the intersection of Park and Massabesic Sts., on or 
before June 30, 1886; otherwise this act shall be null and void. Takes effect, 

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

[Approved August 14, 1885.] 



when. 



CHAPTER 192 



AN ACT TO incorporate THE NASHUA STREET RAILWAY. 



Section 

1. Corporation constituted; land dam- 

ages. 

2. Laying ont of railwaj-. 

3. Distance from sidewalks. 

4. Rates of fare ; powers and privileges. 

5. Motive power and rate of speed. 

6. Damages for neglect. 

7. Penalty for obstructing railway or 

highway. 
S. Capital stock and par value. 
9. Directors. 



Section 

10. Clerk and treasurer. 

11. Real estate. 

12. Grade. 

13. City rights not abridged. 

14. By-laws. 
1.5. Meetings. 
IG. Contracts, 

17. Bonds and mortgages. 

15. Subject to repeal. 

19. Repealing clause; takes effect, when. 



Be it enacted />// the Senate and House of Bejyresodatives in General 
Court convened : 



Section 1. That John A. Si)aulding, Henry Stearns, Isaac corporation con- 
Eaton, Rufus A. Maxfield, "William D. Cadwell, Webster P. damages'. ''"'' 
Hussay, (^uincy A. Woodward, Royal D. Barnes, and Charles 
W^illiains, their associates, successors, and assigns, are hereby 
made a body corporate by the name of the jSTashua Street Rail- 
way, with power to construct, maintain, and use a railway Avith 
convenient single or double track, over, along, and upon such of 
the streets, highways, l;)ridges, and lands in the city of Nashua, 
in the county of Hillsborough, as may be necessary to accommo- 



362 



Chapter 192. 



[1885. 



Laying out of 
railway. 



Distance from 
sidewalks. 



Rates of fare ; 
powers and 
privileges. 



Motive power 
and rate of 
speed. 



Damages for 
neglect. 



Penalty for ob- 
structing railway 
or highway. 



Capital stock 
and par value. 



Directors. 



date the public travel and transportation on the same, and as said 
grantees at their first meeting and from time to time thereafter 
shall determine ; the damages for lands not in any highway to he 
fixed in the same manner as lands taken for highways. 

Sect. 2. Such railway shall be laid out by the mayor and 
aldermen of said JS'ashua, in the like manner as highways are 
laid, and they shall give notice to all the land owners abutting 
on the streets or highways through which such proposed railway 
shall pass, of the time and place of hearing in reference to such 
laying out, by publication of a notice in such of the newspapers 
printed at said Xashua as they shall direct, fourteen da3's at least 
before said day of hearing. 

Sect. 3. The track of such railway shall be laid at such dis- 
tance from the sidewalk in said city as may be determined by 
said mayor and aldermen. 

Sect. 4. Said corporation shall have power to fix, from time to 
time, such rates of compensation for transportation of persons 
and property on said railway as they may deem reasonable, and 
shall be subject to the duties and liabilities, and possess all the 
rights and privileges by law incident to railway or railroad cor- 
porations, so tar as the same shall be applicalde. 

Sect. 5. Said railway may l)e operated l)y such horse or other 
motive power as may Ijc authorized l^y the mayor and aldermen, 
and they shall have, power to make all such regulations as to the 
rate of speed and the mode of use of said railway as the public 
safety and convenience may require. 

Sect. 6. Said corporation shall keep in repair such portion of 
the streets or highways as are occupied by their tracks, and shall 
be liable to pay for any loss or damage arising by reason of the 
negligence, carelessness, or misconduct of their agents and ser- 
vants ; and in case any recovery is had against said Nashua for 
defect or want of repair in or use of said railway, said corporation 
shall be liable to pay the same, together with all reasonaljle costs 
and expenses. 

Sect. 7. Any person willfully or maliciously obstructing said 
corporation in the use of said railwaj-, or who shall aid, abet, or 
counsel the same, shall be punished by fine not exceeding five 
hundred dollars, or by imprisonment not exceeding six months, 
or both ; and if said corporation, or its agents or servants, shall 
willfully or maliciously obstruct any highway, they shall l)e pun- 
ished by a fine not exceeding five hundred dollars. 

Sect. 8. The capital stock of said corporation shall consist of 
a sum not exceeding fifty thousand dollars, to be determined by 
the grantees at the first meeting of the corporation, and to be 
divided into such number of shares, with such par value thereof, 
as shall be determined at said meeting, and the same may be 
increased or diminished from time to time as may be necessary; 
jn-ovided, hmcerer, that the par value of such shares shall not be 
fixed below ten dollars. 

Sect. 9. The management of the aftairs of said corporation 
shall be vested in a board of directors consisting of not less than 
three nor more than seven stockholders in said corporation, and 



1885.] Chapter 192. 363 

shall hold their offices until others shall be chosen and qualilied 
in their stead ; and the said directors, a majority of whom shall 
be a quorum for the transaction of business, shall elect one of 
their number to be president of the board and of the corporation ; 
they shall also choose or appoint all such other officers, agents, 
and servants of said corporation, not otherwise herein provided, 
as they may deem expedient, fix the salaries of all officers, ser- 
vants, and agents, and generally shall have and exercise all the 
powers of the corporation. 

Sect. 10. There shall also be elected annually by the stoekhold- cierk and 
ers a clerk who shall be clerk of the corporation, and sworn to '■''^"'^'''"" 
the faithful performance of his duties ; and a treasurer who shall 
give bond with sureties for the faithful performance of his trust. 

Sect. 11. Said corporation shall have power to hold so much Real estate. 
real estate as may be necessary to accommodate its business. 

Sect. 12. Said railway shall be constructed at such gradia as Grade, 
may be determined by said mayor and aldermen, and if it shall 
be necessary to alter the grade of any street or highway, it shall 
be done at the expense of said railway. 

Sect. 13. Said city shall have power to take up the streets or city rights not 
highways through which said railway may pass, for the same ^'"^"'sed. 
purposes and in the same manner they may now do, doing no 
unnecessary damage to said railway. 

Sect. 14. Said corporation shall have power to make, ordain, By-iaws. 
and establish all such by-laws, rules, and regulations as they shall 
deem expedient to accomplish the purposes of this act, and for 
the well ordering, regulating, and securing the interest and affiiirs 
of said corporation. 

Sect. 15. The annual meeting of said corporation shall be held Meetings. 
at such time and place as the corporation by their by-laws or the 
directors for the time being shall direct, at which meeting the 
directors, clerk, and treasurer shall be elected by ballot; and any 
two of the grantees named in this act are authorized to call the 
first meeting of said corporation, by advertising the same three 
weeks successively in some newspaper printed in said Nashua ; 
and the directors are authorized to call special meetings whenever 
they shall deem it expedient and proper. 

Sect. 16. Said corporation may make such contracts with any contracts, 
person or corporation as may be necessary or useful to carry out 
the purposes of this act. 

Sect. 17. Said corporation are hereby authorized and empow- Bonds and 
ered to issue bonds, secured by mortgage upon their road or any ™'"''«^*s^^- 
part thereof, to an amount not exceeding one half the capital 
stock fixed by said corporation, which may be increased from 
time to time, as said corporation shall increase its capital stock 
and enlarge its business. 

Sect. 18. The legislature may alter or amend this act when- subject to 
ever in their opinion the public good may require it. repe. . 

Sect. 19. All charters or acts or parts of acts heretofore made Repealing 
and passed for a like purpose as this act are hereby repealed, and effecT/when. 
this act shall take eftect upon its passage. 

[Approved August 14, 1885.] 



364 



Chapter 193. 



[1885. 



CHAPTER 193 



AN ACT TO AMEND THE CHARTER OF THE CONTOOCOOK 
TURING AND MECHANIC COMPANY. 



MANUFAC- 



Section 

1 . Preferred stock authorized. 

2. Not to lie sold less than par. 

3. Manner of making new issue reg 

lated. 

4. Dividends; proviso. 

5. Preferred stock may be bought in. 



Section 

6. Interest to cease on tender of par 

value. 

7. Proceedings on winding up affairs. 

8. Old and new stock. 

9. Takes effect, when. 



Be it enacted h>i the Senate and House of Reprcsentatires in General 
Court convened : 



Preferred stock 
authorized. 



Not to be sold 
less than par. 



Manner of mak- 
ing new issue 
regulated. 



Dividends ; 
proviso. 



Section 1. The Coiitoocook Maiuifiicturing and Mechanic 
Compaii}' is hereby anthorized and empowered to issue capital 
stock to an amount not exceeding five hundred shares, of the par 
vakie of one liiin(k'ed dohars each, and the same shall l)e known 
as preferred stock, the said preferred stock to be in addition to 
the amount of capital now authorized by law. 

Sect. 2. Xo portion of the stock issued under the provisions 
of this act shall lie issued, sold, or disposed of at less than its par 
value, and the time and manner of issuing it shall be determined 
by the directors of the corporation. 

Sect. 3. For the purpose of carrying into effect the provisions 
of this act, the said directors are authorized to issue from time to 
time so much of said five hundred shares as they shall think 
proper; and the holders of stock heretofore issued shall have the 
first right to subscribe for and take said preferred stock in the 
proportion which the amount thereof, so issued from time to time, 
shall bear to the amount of stock heretofore issued and held b}* 
each at the time of such new issue, they paying therefor in cash 
the sum of one hundred dollars for each share ; and said directors 
shall determine such proportion, and the amount and manner of 
each proportional subscription, and the time when the right to 
make such proportional subscription shall expire, and give notice 
thereof by mail to each of said stockholders thirty days at least 
before such expiration. 

Sect. 4. Said board of directors are authorized and empowered 
to and shall declare and pay semi-annual dividends on each share 
of said preferred stock, not exceeding six per centum per annum ; 
and no dividends shall hereafter be declared and paid upon any 
other shares of said corporation in the hands of stockholders until 
said dividends upon said preferred stock shall have been fully paid, 
with interest, on any dividends not declared and paid at the regu- 
lar time, for want of profits out of which to pay the same ; 'pro- 
vided, Jiowefer, that said corporation, by its directors, shall have 
the right to appropriate all the net surplus earnings of the corpo- 
ration, after paying in full the dividends on said preferred stock, 
or any of said net earnings, to purchasing in and retaining said 
preferred stock in the manner hereinafter provided. 



1885.] Chaptees 193, 194. 365 

Sect. 5. Said corporation shall liave tlie riolit, bv its directors, Preferred stock 
and at their discretion, from time to time to purchase of the hold- j^*^ *^ °"°' 
ers of such preferred stock any or all shares of such stock, by 
paying or tendering to such holders the par value of the shares, 
and the accrued interest thereon, and may for that purpose appro- 
priate and use the net surplus earnings of the corporation, after 
paying the dividends on said preferred stock. 

Sect. 6. Upon such tender of the par value and interest of the interest to cease 
preferred stock, the interest or earnings on the same shall cease, vaiut" "° ^'^"^ 
and all sums realized from the sale of preferred stock shall be 
applied in payment of the indebtedness of the corporation. 

Sect. 7. In case of the winding up of the alfairs of said corpo- Proceedings on 
ration before all said preferred stock shall have been purchased in ritairT" "^ 
or have been otherwise retired under the provisions of this act, 
then the assets of the corporation remaining alter the pa^-ment 
of its liabilities shall be divided jj/'o rata to the holders of the pre- 
ferred stock, to an amount not exceeding the par value of the 
shares and the accrued interest thereon ; and the surplus of said 
assets shall be divided pro rata among the other stockholders. 

Sect. 8. The par value of the common stock shall hereafter be oid and new 
one hundred dollars^ and one share of the present stock of the **°*^'^- 
par value of live hiuulred dollars shall be divided into and treated 
as live shares of one hundred dollars each, and new certificates 
shall be issued in exchange for the old. 

Sect. 9. This act shall take effect when the same is accepted Takes effect, 
by a vote of two thirds of the stockholders present and voting at "^ ^^' 
any meeting called for that purpose, or when the written assent 
of two thirds of the present outstanding stock is obtained in 
writing. 

[Approved August 19, 1885.] 



CHAPTER 194 



AN ACT TO INCORPORATE THE PEOPLE S FIRE INSURANCE COMPANY. 



Section Sectiox 

1. Corporation constituted. 

2. Capital stoclv; real estate. 

3. First ineetine. 



4. By-laws. 

a. Returns and taxation. 

6. Takes eflect, when. 



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

Section 1. Henr}^ O. Kent, Irven W. Drew, Charles F. East- corporation 
man, Chester B. Jordan, Henry F. Green, Frank Smith, Otis G. *^°"* ' " '^ ' 
Hale, George Van Dyke, and Edward "Woods, their associates, 
successors, and assigns, be and they are hereby incorporated and 
made a body politic by the name of the People's Fire Insurance 
Company, to be located in this state, with authority to have and 
exercise all the powers and privileges incident to corporations of 



366 



Chapters 194, 195. 



[1885. 



Capital stock ; 
real estate. 



First meeting. 



By-laws. 



Returns and 
taxation. 



Takes effect, 
when. 



a similar nature, for the purpose of making and eifecting insur- 
ance against losses by lire. 

Sect. 2. Said corporation shall have a capital stock of tifty 
thousand dollars, divided into shares of one hundred dollars each, 
with liberty to increase the capital stock to live hundred thousand 
dollars ; and may acquire and hold real estate for their own use 
to the value of twenty-five thousand dollars, exclusive of such 
real estate as may be taken for del:)t, or may be held for collateral 
security. 

Sect. 3. Said Henry O. Kent and Irven W. Drew may call the 
first meeting of the members of the corporation by an advertise- 
ment printed in some newspaper published in the county of Coos, 
at least fifteen days before the day named for such meeting. 

Sect. 4. Said corporation, at any meeting duh^ held, may adopt 
such by-laws and regulations, not repugnant to the laws of this 
state, {is shall be convenient and necessary for the proper manage- 
ment of the Inisiness and concerns of the corporation and the 
prosecution of fire insurance. 

Sect. 5. The treasurer of said corporation shall make the re- 
turns, and said corporation shall be taxed in the manner provided 
in chapter ninety of the laws of 1870, entitled " An act in amend- 
ment of the charter of the New Hampshire Fire Insurance Com- 
pany," approved July 2, 1870. 

Sect. 6. This act shall take efl:ect on its passage. 

[Approved August 19, 1885.] 



CHAPTER 195. 

AN ACT IN amendment OF " AN ACT TO ESTABLISH A BOARD OF EDU- 
CATION IN SCHOOL DISTRICT NO. 13, IN THE TOWN OF GILFORD," 
PASSED AT THE JUNE SESSION OF THE LEGISLATURE, A. D. 1877. 



Section 

1. Aiiiiuiil meeting. 

2. Election and tenure of office of board 

of edncation. 



Section 

3. Vacancies. 

4. Takes effect, when. 



Be it enacted I)]) the Senate and House of Representatkes in Geneml 
Court conrened: 

Annual meeting. Section 1. Tlic aunual meeting in school district N'o. 13, in 

the town of Gilford, shall hereafter be held in the month of 

■ March, and said meetings shall be called and holden as provided 

by law in the case of school districts for which no special provision 

is made. 

Sect. 2. The terms of office of the several members of the 
board of education in said district shall expire at the time of its 
next annual meeting, and said district shall at that time choose a 
new board of education consisting of three members, one of 
whom shall hold office for one year, one for two years, and one 



Election and 
tenure of office 
of board of 
education. 



1885.] 



Chapters 195, 196. 



367 



for tliree years, or until others are duly chosen and qualitied in . 
their stead, the term of office for which each is chosen to be 
desig-nated b}^ ballot. One member of said board shall thereafter 
be chosen annually to fill the vacancy caused by the expiration of 
the term of office of one of its members, and to hold office for 
three years, and until one is duly chosen and qualified in his stead. 

Sect. 3. Any vacancies occurring in the board of education at vacancies. 
any other time than at the annual meeting shall be filled by the 
remaining members of the board ; and if from any cause the 
whole board shall become vacant, a special meeting of the district 
shall be called by the clerk of the district, at which members 
shall be chosen to fill all unexpired terms of the previous board. 

Sect. 4. This act shall take efl:ect on and after its passage. Takes effect, 
[Approved August 19, 1885.] " ^^""• 



CHAPTER 196. 

AN ACT TO INCORPORATE THE PEMIGEWASSET MUTUAL RELIEF ASSO- 
CIATION. 



Section 

1. Corporation constituted. 

2. Personal estate. 

3. Assessments. 



Section 

4. First meeting. 

5. Subject to repeal. 

6. Takes effect, wlien. 



JBe it enacted by the Senate and House of Representatices in General 
Court convened: 



Section 1. That Joseph C. Blair, Philip F. Gordon, Heber K. corporation 
Smith, Pufus R. Swett, and Mardenl^orough X. Davis, their asso- ''""^ ' " "^ ' 
ciates, successors, and assigns, be and liereb}^ are made a body 
politic and corporate by the name of the Pemigewasset Mutual 
Relief Association, for charitable and benevolent purposes, and 
furnishing relief and assistance by means of mutual agreements 
and the payment of funds ; and said corporation may sue and be 
sued, defend and be defended, have and use a common seal, and 
establish all by-laws and regulations which maj^ be necessary to 
carry out the purposes of this act, and shall be vested with all the 
powers and privileges, and be subject to all the liabilities by law 
incident to corporations of a similar nature. 

Sect. 2. Said corporation may purchase, take, and hold, by personal estate, 
deed, gift, bequest, devise, or otherwise, personal estate for the 
purpose of said corporation to an amount not exceeding at any one 
time five thousand dollars, and may imj)rove, use, sell, and con- 
vey, or otherwise dispose of the same at pleasure. 

Sect. 3. ISTo part of the money realized from the assessments Assessments. 
made to pay death benefits shall be used for any other purpose 
than the payment of death benefits. 

Sect. 4. The two first named persons in this act may call the First meeting, 
first meeting of this corporation by personal notice, either written 



368 



Chapters 196, 197. 



[1885. 



Subject to 
repeal. 



Takes effect, 
when. 



or printed, delivered or mailed to eacli corporator at least ten 
days before the time of meeting-. 

Sect. 5. Tlie legislature may at any time alter, amend, or repeal 
this act, whenever the public good may require it. 

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

[Approved August 19, 1885.] 



CHAPTER 197. 

AN ACT TO INCORPORATE THE HILLSB0R0r(4H LODGE, NO. 17, OF THE 
KNIGHTS OF PYTHIAS. 



Section 
1. Corporation constitutecl. 
•2. First meeting. 



Section 
3. Talces effect, when ; .subject to repeal. 



Be it enacted ttij tjic Sotate and House of ]ie2)resentatires in General 
Court convened : 



Corporation 
constituted. 



First meeting. 



Takes effect, 
wlieu ; subject 
to repeal. 



Section 1. That Jason H. T. Xewell, Ezra C. Black, George 
F. Russell, Charles 11. Danforth, George Dunham, Wm. S. Em- 
erson, ]Sr. L. Buxton, S. B. Otis, "Warren C. Eaton, Rolland T. 
Abbott, and Sylvanus Harriman, their associates and successors, 
l)e and hereby are made a body politic and corporate by the name 
of " Hillsborough Lodge, Xo. 17, of the Knights of Pythias," 
for such moral, charitable, and benevolent purposes as said corpo- 
ration may from time to time designate, and by that name may 
sue and be sued, prosecute and defend to iinal judgment and exe- 
cution ; and shall l)e \'ested with all the powers and privileges, and 
subject to all the lialnlities of corporations of a similar nature: 
and may take and hold real estate and personal estate, l)y 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. Tlie 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- 
lature may at any time alter, amend, or repeal the same, when- 
ever in their opinion the public good requires it. 

[Approved August 19, 1885.] 



1885.] 



Chapters 198, 199. 



369 



CHAPTER 198. 

AN ACT TO REPEAL CHAPTER 106 OF THE PAMPHLET LAWS OF 1873, 
RELATING TO DISANNEXING LANDS OF E. AV. MOSES AND OTHERS 
FROM COLUMBIA, AND ANNEXING THEM TO COLEBROOK FOR SCHOOL 
PURPOSES. 



Section 
1. Act repealed. 



Section 
'2. Takes effect, when. 



Be it exacted by the Senate and House of Bepresentatwes in General 
Court convened : 

Section 1. Chapter 106 of the Pamphlet Laws, passed June Act repealed, 
sessioh, 1873, is hereby repealed. 

Sect. 2. This act shall take effect and be in force on its passage. Takers effect, 
[Approved August 19, 1885.] 



CHAPTER 199. 

AN ACT TO INCORPORATE THE BELLOWS FALLS BOOM COMPANY IN 

NEW HAMPSHIRE. 



Section 

1. Corporation constituted; 

limitation. 

2. May construct booms, etc. 

3. Damages. 

4. Use of booms regulated. 



property 



Section 
5. Penalty for injuring. 
C. Place of business. 
7. First meeting. 
S. Subject to repeal; takes effect, when. 



Be it enacted by the Senate and House of Be2)resentatires in General 
Court convened : 

Section 1. That George Van Dyke, William A. Russell, ^t'?[P°;^"'"Jo'p""- 
George W. Russell, A. N. Burbank, James H. Williams, E. S. eity umitatiou. 
Leonard, EdAvard C. Thayer, and their associates and successors, 
are hereby constituted a body corporate by the name of the Bel- 
lows Falls Boom Company in JSTcav Hampshire, and by that name 
may sue and be sued, prosecute and defend to final judgment and 
execution, make by-laws for the management of their corporate 
concerns, and have and enjoy all the rights and powers of similar 
corporations, and may purchase and hold real estate and other 
property to the amount of fifty thousand dollars. 

Sect. 2. Said corporation may erect and maintain booms and ^^j'Qyj'^°"fJ'"'='^ 
piers in and across the Connecticut River, from the dam of the 
Bellows Falls Canal Coin})any, in the town of Rockingham, county 
of Windham, and state of Vermont, for the distance of two miles 
up said Connecticut River ; and may erect and maintain side or 
branch booms wdiere they may be necessary, and attach the same 
to the bank of said river for the purpose of stopping, assorting, 



370 



Chapter 199. 



[1885. 



Use of booms 
regulated. 



Penalty for 
injuring. 



Place of 
business. 

First meeting. 



Subject to re- 
peal ; takes 
effect, when. 



and securing logs, masts, spars, and other lumber floating upon 
said river ; and said booms shall be provided with sufficient and 
suitable assorting gaps. 

Sect. 3. If said corporation shall be unable to agree with the 
owner or owners of said banks to which said booms may be fast- 
ened as to the amount of damages that may be done by said cor- 
poration, either party may apply to the supreme court at the trial 
term thereof, and said court shall refer the question of damages 
to the county commissioners for the county of Cheshire, who 
shall, upon due notice, and after hearing the parties interested, 
report to said court, which shall issue execution accordingly. If 
either shall desire, upon application to said court before reference 
to said commissioners, they shall be entitled to a trial ])y jury in 
such manner and under such regulations as said court may pre- 
scribe. 

Sect. 4. ]^o person shall be allowed at any time to encumber 
said booms or piers with logs, boards, or other lumber ; 'provided^ 
said corporation shall at all reasonable times open their said assort- 
ing gaps for the reasonable passage of the same. And said cor- 
poration shall at all times manage their said boom so as to not 
interfere with the reasonable use of the river as a public highway. 

Sect. 5. If any person or persons shall willfully or maliciously 
injure or destroy any of such booms, piers, or other works con- 
nected therewith, he shall be liable for double the amount of 
damage to the corporation, to be recovered by an action of tres- 
pass in any court proper to try the same, and be further liable to 
indictment, and on conviction thereof shall suffer the penalty of 
a fine not exceeding five hundred dollars, or imprisonment for not 
more than six months, or both, at the discretion of said court. 

Sect. 6. The principal place of business of said corporation 
shall be in Walpole, in said county of Cheshire. 

Sect. 7. Either two of the first corporators named in this act 
may call the first meeting of said corporation by mailing written 
notices to each of said corporators of the time and place of meet- 
ing, at least six days before said meeting. 

Sect. 8. The legislature may at any time alter, amend, or 
repeal this act, and said act shall take efiect from its passage. 

[Approved August 25, 1885.] 



1885.] Chapters 200, 201. 371 

CHAPTER 200. 

AN ACT AUTHORIZING THE JUNCTION OF THE MOUNT WASHINGTON 
SUMMIT ROAD COMPANY AND THE WHITE MOUNTAIN TURNPIKE 
COMPANY. 



Section 

1. Junction of roads to regulate tolls. 

2. Rate per mile. 



Section 
3. Division of tolls. 



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

Section 1. That the Mount Washington Summit Road Com- 1^^^^^°^^^ 
pany and the White Mountain Turnpike Company be authorized uiate toils, 
to make a junction of tlieir roads to accommodate the travel to 
the top of Mount Washington ; and the tolls shall he the same 
over the road of the latter company, and from thence to the top 
of Mount Washington, that they are over the whole road of the 
first named company, as provided by their act of incorporation 
approved June 27, 1859. 

Sect. 2. The tolls over the road of the White Mountain Turn- Rate per miie. 
pike Compan}' shall be the same per mile as they are on said 
Mount Washington Summit Road Company's road, as provided 
in said act of incorporation. 

Sect. 3. The tolls collected for travel passing from one road to Division of toiia. 
the other shall be divided between the two corporations, in accord- 
ance with an agreement made by agents of the corporations, 
dated May 26, 1885. 

[Approved August 25, 1885.] 



CHAPTER 201. 

AN ACT TO INCORPORATE THE CONCORD, N, H., GUARANTY SAVINGS 

BANK, 



Section 

1. Corporation constituted. 

2. Deposits and investments. 



Section 

6. Limitation as to real estate. 

7. Tax on special deposits. 



3. Guaranty fund. 8. First meeting-. 

4. Special deposits, interest, and divi- 9. Subject to repeal. 

dends. 10. Takes effect, when. 

5. Corporators, rights and liabilities; 

officers. 

Se it enacted hy the Senate and House of Bepresentatives in General 
Court convened : 

Section 1. That Edward H. Rollins, William M. Chase, Edson corporation 
J. Hill, William G. Carter, John H. George, Gustavus Walker, ^''^tituted. 
Henry M. French, Frank ^Y. Rollins, Frank E. Abbott, Frank 
A. Stillings, James ■\Iinot, Frank S. Streeter, and their associates, 
successors, and assigns, are hereby made a body politic and cor- 



372 



Chapter 201. 



[1885. 



Deposits and 
investments. 



Guaranty fund. 



Special deposits 
interest, and 
dividends. 



porate under tlie name of the Concord, IST. H., Guaranty Savings 
Bank, to be located at Concord, with all the rights and privileges, 
and subject to all the duties and liabilities, except so far as other- 
wise 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 mak- 
ing the same, and may invest and manage the moneys deposited 
in or belonging to it in such securities and stocks and in such 
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 relation to savings banks. 

Sect. 8. For the better protection and security of the general 
depositors of the l)ank, it shall provide for and have a permanent 
guaranty fund of not less than t^^'ent^'-tive thousand dollars, with 
liberty to increase the same at pleasure to not exceeding two 
hundred thousand dollars. Said fund shall be kept and main- 
tained as a guaranty to the general deposits for the repayment of 
said deposits according to the terms and conditions thereof, in 
case of any insufficiency of the assets of the bank to pay all of its 
liabilities, and the general deposits shall have the 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 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. The special deposits shall 
at no time be less than ten per cent of the general deposits, nor 
shall said special deposits be increased by amounts of less than 
ten thousand dollars at any one time. 

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 commissioners, 
nor at any time so as to reduce said fund below the amount re- 
quired for the same, as hereinbefore provided. The general 
deposits shall be entitled to such rate of interest from the bank 
as ma}^ be prescribed or agreed to, not, however, in any case to 
be less than four per cent per annum, and the book given general 
depositors on making their first deposit shall state therein the 
rate of interest to be paid, and no cliange can be made therefrom 
until after three months' notice of the proposed change has been 
given by mailing notice of same to each and every depositor, 
directed to his or her last known residence ; and the special de- 
posits 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 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 trus- 
tees may order ; provided, however, 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 afore- 
said, shall be sufficient to pay the same. 



1885.] Chapters 201, 202. 373 

Sect. 5. The special depositors for the guaranty fund and their Corporators, 
assigns shall hy virtue thereof become and be members of the [tfes;*officers. ' 
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 individuid 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 ten 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 l)oard shall have the 
power to make and estal)lish such rules and regulations as they 
may think proper for the transacting and governing the business 
of the corporation. 

Sect. 6. Said bank may purchase and hold real estate to the Limitation as to 
value when purchased of not exceeding twenty-five thousand dol- 
lars, and may hold such amounts as ma}^ at any time be deemed 
advisable for the security and satisftiction of any dues to it. 

Sect. 7. The tax on the special deposits shall be assessed and Tax on special 
paid in the same manner ancl at the same rate as the law requires '^^°^' ^' 
on general deposits. 

Sect. 8. Any three of the five grantees first named may call First meeting 
the first meeting of the corporation by notice in writing to each 
grantee, or by one publication in some newspaper printed at 
Concord, at least one week before the day of meeting. 

Sect. 9. The legislature may alter, amend, or repeal this act subject to 
whenever in their opinion the public good shall require. repea.\. 

Sect. 10. This act shall take effect upon its passage. Takes effect, 

[Approved August 25, 1885.] 



CHAPTER 2 2. 

AN ACT TO INCORPOKATE THE WOODSVILLE AQUEDUCT COMPANY. 



Section 
1. Corporation constitutecl. 
•2. Capital stoclv. 

3. Animal and special meetings. 

4. Real estate; pipe laj'ing. 

5. streams and ponds ; damages. 



Section 

6. Contracts for use of water. 

7. First meeting. 

8. Corporation may bold stock. 

9. Subject to repeal; takes effect, wben. 



£e it enacted by the Se)iate and Ilonsc of Bepn'seid(dires hi General 
Court convened : 

Section 1. That William A. Stowell, Ezra B. Mann, AVilliam corporation 
Ricker, Edward F. Mann, Ira Whitcher, George A. Davison, and '^^-ti*"'^^'- 
George S. Cuminings, and their associates, successors, and assigns, 
shall be and hereby are made a body politic and cor[)orate by the 
name of the Woodsville Aqueduct Company, for the purpose 



374 



Chapter 202. 



[1885. 



Capital stock. 



Annual and 
special meetings. 



Real estate ; 
pipe laying. 



Streams and 
ponds ; damages. 



Contracts for use 
of water. 



of bringing fresh water into the compact part of the village of 
Woodsville, in the town of Haverhill, in subterranean pipes ^ and 
by that name maj sue and be sued, prosecute and defend to final 
judgment and execution, and are hereby vested with all the 
powers, and subject to all the 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 fifty dollars each, as may be 
from time to time determined by the directors of said corporation, 
not exceeding in the whole the sum of thirty thousand dollars. 

Sect. 3. The annual meeting of said corporation shall be 
holden at such time and place as may be prescribed by the by- 
laws, or appointed by the directors, at which meeting not less 
than three nor more than seven directors shall be choseirby ballot. 
The directors may call special meetings of the corporation when- 
ever it shall be necessary, giving such notice as the by-laws may 
prescribe. 

Sect. 4. Said corporation is empowered to purchase and hold, 
in fee simple or otherwise, any real estate necessary for carrying 
into efiect the purposes of this act, not exceeding in value at the 
time of its purchase the sum of fifteen thousand dollars ; and 
said corporation is authorized to enter upon and break up 
ground and dig ditches in any street, highway, or common 
through which it may be necessary for said aqueduct to pass, for 
the purpose of placing such pipes as may be necessary for build- 
ing said aqueduct, and to relay and repair the same, subject to 
such regulations as to the safety of the citizens and the security 
of the public travel as may be prescribed by the selectmen. 

Sect. 5. Said corporation is authorized to enter upon and ap- 
propriate any stream, pond, or spring not belonging to any aque- 
duct company, and to secure, by fences or other\^'ise, such stream, 
pond, or spring, and dig ditches or canals in any land or inclosure 
tlirough which it may be necessary for said aqueduct to pass, for 
the purpose of obtaining, preserving, or conducting the water, 
and placing such pipes or works as may be necessary for building 
and operating such aqueduct, or for repairing or extending the 
same ; provided, if it shall be necessary to enter upon and appro- 
priate any stream, pond, or spring, or any land for the purpose 
aforesaid, or to raise or lower the level of the same, and said cor- 
poration shall not agree with the owners thereof for the damage 
that may be done by said corporation, or such owners shall be 
unknown, either party may apply to the supreme court at the trial 
term thereof to have the same laid out and damages determined ; 
and the said court shall refer the same to the county commis- 
sioners, who shall appoint a time and place of hearing and give 
notice thereof in the same manner as is now provided l)y law for 
la^-ing out highways ; and said commissioners shall make a report 
to said court and they may issue execution accordingly. If either 
party shall desire, upon application to said court before such 
reference, they shall be entitled to a trial by jury, in such man- 
ner and under such regulations as said court may prescribe. 

Sect. 6. The village precinct of Woodsville, when organized, 
is hereby authorized and empowered to make any contracts with 



1885.] Chapters 202, 203. 375 

said corporation for tlie use of the water for extinguishing lire 
and such other purposes as may be necessary, and shall have such 
use of the water on paying a fair compensation therefor ; and said 
corporation may make any contracts with said village precinct, 
and with such other persons and corporations, as may be deemed 
necessary by the directors to carry out this act. 

Sect. 7. The three tirst named persons in this act, or either of First meeting, 
them, may call the tirst meeting of the corporation by personal 
notice to all the grantees, at which meeting associates may be 
elected, by-laws adopted, and a president, clerk, and such other 
officers and agents as may be deemed necessary, may be chosen. 

Sect. 8. The Boston, Concord & Montreal Railroad, or any corporations 

,1 ,. , 1 • • ,1 , /' , 1 • may hold stock. 

other corporation takmg or using the water ot this companj', 
may take and hold stock therein. 

Sect. 9. The legislature ma}' alter, amend, or repeal this act subject to re- 
whenever the public good may require the same ; and this act effect, when, 
shall take etfect on its passage. 

[Approved August 25, 18"85.] 



CHAPTER 203. 

AN ACT TO ENABLE THE CITY OF PORTSMOUTH TO EMPLOY A SUPER- 
INTENDENT OF SCHOOLS. 



Section 
1. Superinteiulent; his duties and com- 
pensation. 



Section 
2. Repealing clause ; takes elTect, wlien. 



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

Section 1. The board of instruction of the city of Portsmouth superintendent; 

^ Ills ClUtl6S JlDCl 

is hereby authorized, at their annual meeting in July, or as soon compensation. 
after as practicable, to elect some suitable person to be superin- 
tendent of public instruction in said city, who shall hold office for 
one year from such annual meeting, or until his successor is elected 
and qualified. If any vacancy shall occur in said office by resig- 
nation or otherwise, said board shall till the same. Said super- 
intendent shall exercise the general supervision of the public 
schools in said city under the direction of the board of instruc- 
tion, and shall perform such duties as relate to the visiting of 
schools, and shall assist in the examination of teachers and 
scholars. He shall make an annual report to the board of in- 
struction at such time as said board shall determine, and shall 
report the proceedings and the condition and progress of the 
schools to the said board as often and in such manner as they may 
require. In addition he shall serve as secretary of the board of 
instruction ; and for his services as superintendent and secretary 
he shall receive such compensation as said board of instruction 
may determine. 



376 



Chapters 203, 204. 



[1885. 



Repealing 
clause; takes 
effect, when. 



Sect. 2. All acts and parts of acts inconsistent Avitli the pro- 
visions of this act are hereby repealed, and this act shall take 
effect upon its passajj^e. 

[Approved August 28, 1885.] 



CHAPTER 204. 



AN ACT TO IXCORPORATE THE SUNCOOK SAVINGS BANK. 



Sectiox 

1. Corporation constituted. 

2. Concei'iiing deposits. 

.3. Limitation as to real estate. 
4. B3'-la\vs. 



Section 

5. Books to be inspected. 

6. Subject to repeal. 

7. First meeting. 

S. Takes etfect, when. 



Be it enacted hi/ fhc Senate and House of Bejrresenteitives in Genercd 
Court convened : 



Corporation 
constituted. 



Concerning 
deposits. 



Limitation as to 
real estate. 



Section. 1 That William F. Head, Jesse Gault, Solomon 
Whitehouse, Martin H. Cochran, James G. Fellows, Addison jST. 
Osgood, John B. Haselton, George H. Laraljce, Eleazer Baker, 
Philip Sargent, David Hayes, Joseph H. Dearborn, Joseph L. 
Hosmer, George P. Little, George P. Cofran, Samuel Martin, 
"Winthrop Fowler, James B. Tennant, Henry T. Simpson, War- 
ren D. Foss, James Thompson, George A. Robie, Edmund E, 
Truesdell, Jacob E. Chickering, Hall B. Emery, and John R. 
Kimball, be and are hereby constituted a l^ody politic and corpo- 
rate by the name of the Suncook Savings Bank, which bank shall 
be located in the town of Pembroke in this state ; and they and 
such other persons as shall be duly elected and admitted members 
of said corporation at regular meetings thereof, according to such 
by-laws as may hereafter be established, sliall be and remain a 
body politic and corporate by said name, and are and shall be in- 
vested with all the powers, rights, and privileges, and subject to 
all the liabilities and duties which are or may be incident to cor- 
porations of like nature by the laws of this state. 

Sect. 2. Said corporation may receive from any person or per- 
sons disposed to enjoy the advantages thereof, any deposit or 
deposits of money, and may use, manage, and improve the same 
for the benelit of the depositors, in such manner as shall be con- 
venient or necessary for the security and profitable investment 
thereof; and such deposits may be withdrawn, and the net income 
and profits of the deposits divided at such reasonable times, and 
in such manner and proportion, and subject to such equitable 
rules and regulations as said corporation shall from time to time 
limit and appoint, agreeably to the laws of the state ; and deposits 
may be received on special contract, on such lawful terms as shall 
not be prejudicial to the rights of other depositors. 

Sect. 3. Said corporation may take and hold such real estate 
as shall be convenient for transacting the business thereof, but 
not exceeding ten thousand dollars in value at the time of the 



1885.] 



Chapters 204, 205. 



377 



purchase or acceptance tliereof ; and may further take, hold, and 
dispose of such real estate as may in good faith be received by 
them by the way of security or payment for loans made by them, 
or for any debts, demands, or liabilities which may be owing or 
accrue to said corporation. 

Sect. 4. Said corporation may, from time to time, make such Bylaws, 
by-laws, rules, and regulations for its government, and for the 
management of the business thereof, as shall not be inconsistent 
with this act and the laws of this state. 

Sect. 5. The books and accounts of this corporation shall be Books to be 
at all times subject to the inspection of the governor and council, '"^^'''^ 
the bank commissioners, or other otheers appointed by either 
branch of the legislature for this purpose. 

Sect. 6. The legislature may at any time alter, amend, or subject to 
repeal this act. ^^'^^^ ' 

Sect. 7. The first nine persons named in the first section of First meeting, 
this act, or any five of them, nuiy call the first meeting of this 
corporation at such time and place, and in such manner as they 
may think proper. 

Sect. 8. This act shall take eftect from and after its passage. Takes etfect, 

[Approved August 28, 1885.] ""'"■ 



CHAPTER 205. 

AN ACT IN AMENDMENT AND ADDITION TO AN ACT ENTITLED "AN ACT 
TO INCORPORATE THE LACONIA AND LAKE VILLAGE WATER WORKS." 



Section 

1. Increase of capital authorized. 

2. Belmont included. 



Section 
3. Takes effect, when. 



He it enacted by the Senate and House of Representatircs in General 
Court convened: 



Section 1. The said water works may from time to time in- increase of capi 
crease its capital stock to an amount not exceeding one hundred 
thousand dollars. 

Sect. 2. The said corporation is hereby authorized to extend ?e'™5^* 

1-1 f-r>i n ^ T mcludea. 

its works into the town or iielmont, tor the same purposes, and 
subject to the same conditions as provided in the original act for 
the towns of Laconia and Gilford. 

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

[Approved August 28, 1885.] 



378 



Chapters 206, 207. 



[1885. 



CHAPTER 206. 

AN ACT TO SEVER THE HOMESTEAD FARM OF THOMAS H. DANIELS FROM 
SCHOOL DISTRICT NO. 3, IN THE TOWN OF BRISTOL, AND ANNEX THE 
SAME TO UNION SCHOOL DISTRICT NO. 2, IN SAID TOWN, FOR SCHOOL- 
ING PURPOSES. 



Section 
1. Farm severed and annexed. 



Section 
2. Takes effect, when. 



Be it enacted h]} the Senate and House of Representatives in General 
Conrt convened : 



Farm severed 
and annexed. 



Takes effect, 
when. 



Section 1. The homestead farm of Thomas H. Daniels be and 
the same hereby is severed from school district ISTo. 3, in the 
town of Bristol, and annexed to Union school district ^o. 2, in 
said town, for school purposes. 

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

[Approved August 28, 1885.] 



CHAPTER 207. 

AN ACT TO ENABLE UNION SCHOOL DISTRICT IN THE CITY OF KEENE TO 
UNITE WITH OTHER SCHOOLS IN SAID CITY. 



Section 
1. District may be abolished. 



Section 
2. Takes eflfect, Avlien. 



Be it enacted b)/ the Senate and House of Bepresentatives in General 
Court convened : 



District may be 
abolished. 



Takes effect, 
when. 



Section 1. That Union school district in the city of Keene is 
hereby empowered and authorized, by a major vote of the voters 
of said district, present and voting at a legal meeting, to abolish its 
district organization, and unite Math the rest of said city of Keene, 
for school purposes. 

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

[Approved August 28, 1885.] 



1885.] Chapters 208, 209. 379 



CHAPTER 208. 

AN ACT TO ABOLISH THE HIGH SCHOOL DISTRICT IN HINSDALE. 

Section I Section 

1. District may be abolished. | 2. Takes effect, when. 

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

Section 1. That the high school district in Hinsdale is hereby District may be 
authorized and empowered, at any legal meeting duly notified for ^^oi'^^ed. 
the purpose, and hy a major vote of the qualiHed voters of said 
district, present and voting, to abolish said district and to unite 
with the town district. 

Sect. 2. This act shall take eftect and be in force after March Takes effect, 

when. 

1, 1886. 

[Approved August 28, 1885.] 



CHAPTER 209. 

AN ACT TO AMEND CHAPTER 239 OF THE SESSION LAWS OF 1881, APPROVED 
AUGUST 17, 1881, RELATING TO THE VILLAGE PRECINCT OF HANOVER. 

Section 1. Election of commissioners ; their powers, etc. 

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

Section 1. That the commissioners provided for by said act Election of 
shall be classified, if the precinct shall so elect, in the same man- thSJ°powe?s%tc. 
ner as is required respecting boards of education in school districts, 
80 that one vacancy shall occur to be filled each year after the 
first. The commissioners shall have all the powers of mayor and 
aldermen of cities respecting all matters within the legal author- 
ity of the precinct, and shall be ex officio fire wards and health 
officers. They shall control and direct the expenditure of all 
moneys raised under authority of the precinct. The surveyor of 
highways in said precinct or district shall give bond to the town 
as provided by law, and shall be deemed an officer of the town ; 
and nothing in this act nor in that to which this is an amendment 
shall be construed to impose any distinct or special lialnlity upon 
the precinct respecting highways within its limits. All highway 
taxes levied within the limits of the precinct shall be collected in 
money by the collector of other taxes, and paid into the treasury 
of the town separate from other moneys, and expended with the 
approval of the said commissioners. 

[Approved August 28, 1885.] 



380 



Chapter 210. 



[1885. 



CHAPTER 210. 

AN ACT TO INCORPORATE THE NASHUA SOLDIERS' MONUMENT 

ASSOCIATION. 



Section 

1. Corporation constituted. 

2. Organization and officers. 

3. Treasurer. 



Section 

4. First meeting. 

5. Subject to repeal; talces etTect, wlien. 



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



Corporation 
constituted. 



Organization and 
officers. 



First meeting 



Section 1. That Aaron F. Stevens, Orren C. Moore, Timothy 
B. Crowley, Ghas. S. Bussell, Chas. W. Stevens, Alfred Chase, 
Elbridge J. Copp, Thos. P. Pierce, Wm. H. D. Cochrane, Alvin 
S. Eaton, and Dana W. King, their associates and successors, are 
hereby created a body politic and corporate l)y the name of the 
]N^ashna Soldiers' Monument Association, for the purpose of 
erecting and maintaining a monument in the city of !N"ashua, 
in commemoration of the soldiers of said city who imperiled their 
lives in securing and niciintaining the libert}' of the country ; and 
by that name may sue and be sued, prosecute and defend to tinal 
judgment and execution, and shall be and hereby are invested 
with all the powers and privileges, and made subject to all the 
liabilities of corporations of a similar nature ; and may acquire 
and hold real and personal estate, by donation, devise, payment, 
or otherwise, for the purpose of said corporation, in addition to 
the monument proposed and the land appurtenant, to an amount 
not exceeding five ithousand dollars, and the same sell, convey, 
and dispose of at pleasure. 

Sect. 2. Said grantees, at a meeting called as hereinafter pro- 
vided, or at any adjournment thereof, may organize themselves 
into a corporation under this act; and such corporation may elect 
such oflicers, trustees, and managers as shall then be determined, 
and make such by-laws and regulations as are necessary and 
proper for the management of its affairs and the objects of the 
association, j)rorided the same are not repugnant to law and the 
provisions of this act. 

Sect. 3. The treasurer of the corporation or of the trustees, as 
may be determined, shall give bond with sureties for the faithful 
performance of liis duty, in such sum as the trustees or managers 
may determine, and his books of account shall be open to the 
inspection of every member of the corporation and any subscriber 
to the fund for the erection of the monument. 

Sect. 4. The before named Aaron F. Stevens, Orren C. Moore, 
and Timothy B. Crowley, or any two of them, are authorized to 
call a meeting of the grantees of said corporation, at such time 
and place as they may elect, by giving notice by mail to each of 
the before named grantees, or by publishing a notice thereof in 
the ISTashua Telegraph fifteen days previous to the day designated 
for such meeting. 



1885.] 



Chapters 210, 211, 212. 



381 



Sect. 5. The legislature may at any time alter, amend, or subject tor 
repeal this act, whenever in their opinion the pul)lic good may FeTt/Jw 
require it, and this act shall take eliect from and after its passage. 

[Approved August 28, 1885.] 



CHAPTER 211. 

AN ACT TO ABOLISH THE UNION SCHOOL DISTRICT OF THE TOWNS OF 
PLYMOUTH AND BRIDGE WATER. 



Section 

1. District fibolisliert. 

2. Parts annexed to tlieir respective 

town districts. 



Section 
3. Takes effect, wlien. 



Be it enacted In/ the Senate and House of Bejrresentatives in Genercd 
Court convened: 

Section 1. That the I'nion school district in the towns of^^'^JP^* 
Bridgew^ater and Plymouth be abolished. 

Sect. 2. Such part of said district as lies in the town of Ply- parts annexed to 
mouth shall be annexed to the school district of the town of fj^',7|fgPrfctr 
Plymouth, and so much thereof as lies in the town of Bridge- 
water shall be restored to the school district in said town to which 
it originalh' belonged. 

Sect. 3."^ This act shall take effect March 1, 1886. Takes effect, 

[Approved August 28, 1885.] ''■'''''• 



CHAPTER 212. 

AN ACT to incorporate THE BEAR CAMP RIVER BOOM AND IM- 
PROVEMENT COMPANY. 



Section 

1. Corporation constituted. 

2. May erect booms, etc. 

3. Damages. 

4. Booms not to be encumbered. 



Section 
5. Penalty for injuring booms 
G. Separation of logs. 

7. First meeting. 

8. Takes effect, when. 



Be it enacted by the Senate and House of Bepresentatives in Genercd 
Court convened : 

Section 1. That Frank K. Hobbs, Joseph W. Roberts, Orodan corporation 
P. Hobbs, David Davis, and John L. Peavey, and their associates 
and successors, be and hereby are constituted a body corporate 
by the name of the Bear Camp River Boom and Improvement 
Company, and by that name may sue and be sued, prosecute and 
defend to final judgment and execution, make by-law's for the 



Chapter 212. 



[1885. 



May erect 
booms, etc. 



Damages. 



Booms not to 
be encumbered. 



Penalty for in- 
juring booms. 



Separation 
of logs. 



management of tlieir corporate concerns, and have and enjoy all 
the rights and powers of similar corporations ; and may purchase 
and hold real estate and other property to the amount of ten 
thousand dollars. 

Sect. 2. Said ■corporation may erect and maintain booms and 
piers in and across the Bear Camp River from Hobbs mill in the 
town of Ossipee in the county of Carroll, to a point opposite the 
house of Oliver Hodgsdon in said town of Ossipee, and ma}' erect 
and maintain side or branch booms where they may be necessary 
between said points, and attach said booms and branch booms to 
the bank of said river when necessary, for the purpose of stop- 
ping, assorting, and securing logs, masts, spars, and other lumber 
floating upon "said river; and said boom shall be supplied with 
suflicient and suitable assorting gaps ; and said corporation shall 
have the right to erect and maintain such and so many dams and 
sluices on said river and its tributaries, and may clear, deepen, 
and improve the same to such extent as shall by it be deemed 
necessary for the proper driving of logs and lumber upon said 
river and its tril:)utaries above said Hobbs mill. 

Sect. 3. If the owner or owners of any property situated 
within the limits of this charter feel that his or their property has 
been damaged by said improvements, he or they may apply to 
the supreme court for said county of Carroll, and said court shall, 
on application of the party aggrieved, cause said damage, if any, 
to be estimated by a committee of three disinterested men pf said 
county ; provided, hoioever, if either party desire, upon application 
to said court before reference to said committee, they shall be 
entitled to a trial by jury in such manner and under such regula- 
tions as said court may prescribe. 

Sect. 4. Ko person shall be allowed at any time to encumber 
said booms or piers with logs, boards, or other lumber ; provided, 
said corporation shall at all reasonable times open their said 
assorting gaps for the reasonable passage of the same. 

Sect. 5. If any person or persons shall willfully or maliciously 
injure or destro}^ any of such booms, piers, or other works con- 
nected therewith, he or they shall pay treble the amount of the 
damage to the corporation, to be recovered liy an action of tres- 
pass, and be further liable to indictment and prosecution for a 
misdemeanor, and on conviction thereof to sufl:er such penalty or 
imprisonment as the court may direct. 

Sect. 6. AVhenever any logs or lumber of other person or per- 
sons shall be intermixed witii the logs of said corporation, the 
corporation may notify the owners of tlie logs so intermixed, and 
request said person or persons or their agents to furnish assist- 
ance in assorting and putting by their said logs, in proportion to 
their respective shares of all logs so intermixed ; and if said person 
or persons shall not within sixty hours after service of said notice 
and request upon him or them comply with the same, then said 
corporation may assort and put by said logs, and shall be entitled 
to recover from the owners thereof such part of the reasonable 
and necessary expense of so assorting and putting by said logs as 
shall be proportionate to his or their respective shares of all logs 
so intermixed. 



1885.] Chapter 212. 383 

Sect. 7. Any two of the corporators named in this act may First meeting. 
call the first meeting of this corporation by mailing written no- 
tices to each of said corporators of the time and place of meeting, 
at least six days before said meeting, or by publication of said 
notice in some paper printed in Carroll county, the last publica- 
tion whereof to be at least fourteen days before said meeting. 

Sect. 8. This act shall take eftect upon its passage. Takes effect, 

[Approved August 29, 1885.] ^^^''^ 

26 



STATE OF NEW HAMPSHIRE. 



Office of Secretaky of 8tate, 

Concord, October 8, 1885. 

I hereby certify that the acts and resolves and changes of 
names contained in this pamphlet have Ijeen compared with the 
originals in this office, and fonnd to be correctly printed. 

A. B. THOMPSON, 

^ecretarii of State. 



INDEX. 



INDEX 



TO 



PUBLIC ACTS AND RESOLUTIONS, 

Passed June session, 1885. 



Abbott, John T., appropriation in favor of .... • 
Abstracts of militar}' records, adjutant-general to prepare 
Actions and their causes to survive deatli of parties 

civil, taking, filing, and using de})ositions in 
Address for i-emoval of J. Edward Ilurst ..... 
Frederick Stiner ..... 

Adjutant-general to prepare al)stracts of militaiy records 

to publish militar}' record of N. II. in the Rebellion 
to provide Ijlanks for information 
Administrator, special, appointment of, not to change place of taxation 
Adulterated milk, selling of, complaint and prosecution 
Alewives, in Merrimack and Connecticut rivers, protected 
Alms-hoiises, indigent soldiers and saihn-s not to be sent to . 
Apothecaries, not to do business without previous examination 
Appeals, probate, taken to trial terms of .supreme court 
Appropriation in favor of repairs on state house .... 

N. II. Vetei-ans' Association 

lots and monuments at Gettysburg 

indexing public records 

state ]il)rary ...... 

state prison lil^rary .... 

state camp ground .... 

state board of health .... 

Mrs. A. W. Bryant .... 

Granite State Deaf ]\Iute ]Mission 

First battalion X. H. sharpshooters, for mon 
ument at Gettvsburg 

John W. Odlin ^ 

John T. Abbott 

N. H. College of Agriculture and IMechanic 
Ai'ts ....... 

adjutant-general, for abstracts, etc. 

A. J. Shurtleft" 

Everett Hill 

Duston monument .... 

Endicott rock at "Weirs 

monument at grave of ISIatthew Thornton 

Henry O. Kent 



305 
305 
233 
242 
319 
319 
305 
233 
273 
262 
259 
257 
251 
263 
234 
297 
298 
298 
299 
300 
301 
301 
301 
302 
302 

303 
303 
305 

305 
305 
306 
306 
308 
308 
309 
310 



390 



Index. 



[1885. 



Ai^propriation in favor of obsequies of General Grant . 

Jason J. Burley ..... 

highways in northern part of state 

John M. Crawford .... 

epidemic fund ..... 

clerlis of senate and house . 

engrossing clerk ..... 

legislative repoiters .... 

chaplain to general court 

janitor and his assistant 

sergeant-at-arms, door-keepers, etc. of sen 
ate and house ..... 

newsjDaiier publishers .... 

Arbor day, governor to issue anniial i^roclaniation for . 
Ashuelot Savings Bank relieved of all lialMlity on account of taxes 
Assignments for benefit of creditors ...... 

Attachment, "vvi'it of, copy to be left within twenty-four hours, when 
Awnings to be jjlaced over certain windows in state house 



310 
311 
311 
313 
314 
315 
315 
316 
316 
316 

316 
318 
297 
296 
279 
231 
295 



Baker, George N., appropriation in favor of .... 

Bank commissioners, duty as to insolvent banks .... 

to he provided with an office in Concord 
Banks, insolvent, closing uj) of ....... 

commissioners' duty regarding 
savings, may use guaranty fund, except to pay dividends . 
receiving of fees by officers, prohibited 
time of distributing tax to towns changed 
treasurer's bond limited ..... 

treasurer's and clerks' salaries and expenses limited 
Barbed wire, for school lot fences, prohibited .... 

Birds, killing at certain seasons prohilwted, except for consumption in 
state .......... 

may not^be taken as specimens for cabinets 
Board of health, state, clerical expenses provided for . 
Boards of education may contract for schooling of pupils out of district 
Bonds of clerks of supreme court lodged with secretary of state . 
savings bank treasurers', limited ..... 

surety on, certain corporations may become 
Boundary line with Massachusetts, comniissioners to be appointed on 
Bountj' on woodehucks repealed ....... 

Breaking buildings, term of imprisonment for, increased 
Bryant, Mrs. A. W., ajipropriation in favor of ... . 

Burglary, term of imijrisonment for, increased .... 

Burley, Jason J., appropriation in favor of . 

Butter, imitation, sale of, regulated 



316 

265 
299 
229 
265 
267 
278 
250 
235 
270 
261 

258 

247 

301 

286* 

238 

235 

256 

307 

244 

289 

302 

289 

311 

269 



Change of use of property, effect upon insurance i:)olicy 

Chaplain to state prison, salary of . . . ■ • _ • 

Children, employment of, in circulating imjiure literature, prohibited 

Cigarettes, selling to minors under sixteen, penalty 

Cities, financial statistics of, to be collected and published . 

prohibition by, of fishing, repealed ..... 
City records to be bound and filed and not loaned 
Civil actions, costs in, venue changed, chargeable where 
taking, filing, and using de2)ositions in . 
Clai'ke, John B., appropriation in favor of .... • 
Clerks of savings banks, salaries and expenses limited . 

senate and house, approi)riation in favor of . 

sui)reme court, lionds to be lodged with secretary of state 
to report divoi'ces to state registrar 
Clifford, Fred W., appropriation in favor of . . . . _. 
Commissioners on boundary line with Massachusetts, to be appointed 
Commissioner to codify school laws, to be api)ointed 
Compensation of electoral college, 1884 



272 
240 
232 
264 
257 
228 
273 
238 
242 
318 
270 
315 
238 
228 
316 
307 
318 
277 



1885.] 



Index. 



391 



Congress requested to regulate election of U. S. senators 
resolution on the national donaain to be sent to 
Constables in unincorporated places, powers of, enlarged 
Constitutional amendments, vote of 1877 on, to be printed and distrib 
uted . . . . . • • • • 

convention, people to vote on expediency of calling 
Conway, election of supervisors in, 1884, and their acts, legalized 
Coos comity, solicitor's salary ...... 

Corporations, certain, may become surety on bonds 
Costs in civil actions, venue changed, chargeable where 
Counties, financial statistics of, to be collected and published 
County conventions, i^roceedings to be published . 

records, in danger of obliteration, to be copied . 

cojues, evidence in court .... 

where civil action arose, to pay costs, venue changed 

Crane, Rev. C. B., appropriation in favor of ... 

Crawford, John M., appropriation in favor of . . . 

Crawford's, higlnvays from, to Fabyan and Willey Houses, to be re 

paired .......... 

Currier, Frank D., appropriation in favor of ... 

Currier, Hiram E., appropriation in favor of ... 



312 
313 
241 

227 
304 
246 
262 
256 
238 
257 
239 
263 
263 
238 
316 
313 

311 
316 
316 



Damage by dogs, time of paj'ment for, changed . . . . . 

Damages from defective highways, notice of, to he filed with selectmen 
and clerk of the town liable ....... 

Death of parties, actions and their causes to survive 
Depositions in civil actions, taking, filing, and using of 
Dividends, savings l^anks may not pay, from guaranty fund 
Divorces, clerks of supreme court to rej^ort, to registrar 
Dixville, highways in, to l^e repaired ...... 

Dogs, damage by, time of payment for, changed .... 

Dover police court justice's salary ....... 

Ducks may be shot, when ........ 

Dummer, highways in, to be repaired ...... 

Dunklee, Norris A., appropriation in favor of ... . 

Dustou monument, fence to be painted 



246 

267 
233 
242 
267 
228 
311 
246 
276 
258 
311 
316 
308 



Election of town officers not invalidated bj^ omission in warrant . 

United States senators, congress requested to regulate 

Elections, purity of, to aid and insure ...... 

Electoral college, 1884, compensation of .... . 

Endicott rock at Weirs, to be jn-eserved and protected . 

Engrossing clerk, appropriation in favor of . 

Epidemic fund, ajjpropriation for ....... 

Errol, highways in, to be repaired ...... 

Erroneous statements in application, effect of, on insurance policy 
Estates of persons deceased, appointment of special administrator not 

to change place of taxation ....... 

Evans, Ira C, appropriation in favor of ..... 

Exceptions, cases on, beftire supreme court, ma}- ))e transferred to law 

term, when ........... 

Execution against towns and school districts, levied on property of non 

residents, when .......... 

Exemption of manufacturing proj^erty from taxation, prohibited, when 
Explosive compounds, illegal carriage and use of, penalty . 



254 
312 
290 
277 
308 
315 
814 
311 
272 

262 
316 

251 

268 
292 
293 



Fabyan's, highway from, to Crawford's, to be repaired . . .311 
Fees of justices of the peace increased, in certain cases . . . 230 
receiving of, by savings bank officers, prohibited .... 278 
Fences, barl^ed Avire for, on school lots, prohibited .... 261 
Financial statistics of counties, cities, towns, and precincts to be col- 
lected and pul)lished 257 

First battalion sharpshooters of X. 11., a|)propriation for monument by, 

at Gettysburg 303 



892 Index. [1885. 

Fish, taking, in natural ponds, not prohibited by law relating to artificial 264 

Fishing, prohibition of, b}' towns and cities, repealed .... 228 

Foreign insurance comiDanies, license, revoked in certain cases . . 289 

payment for losses regulated . . . 289 

to conform to regulations of commissioner 289 

surety comijanies admitted to business in state, on what terms 260 

Freight by railroad, consignee to remove sjieedily or pay for storage . 266 

General Laws, amended, chap. 166, relating to banks .... 229 

sect. 1, chap. 290, increasing fees of justices 

of the i^eace ...... 230 

sect. 16, chap. 224, relating to attachments . 231 
sect. 7, chaj). 170, relating to bonds of savings 

bank treasurers ...... 235 

chap. 52, relating to constables, etc. . . 241 

chap. 228, relating to depositions . . . 242 
sect. 1, chaj). 90, relating to N. li. National 

Guard 243 

sect. 15, chaj:). 115, relating to dogs, etc. . 246 
sects. 1 and 14, chap. 251, relating to refer- 
ences 249 

chap. 86, relating to schools .... 252 

sect. 3, chap. 53, relating to taxation of mines 241 
sect. 16, chap. 179, relating to taking lobsters 255 
sect. (1, chaj). 186, relating to duties of guar- 
dians of the insane ..... 255 

sect. 8, chap. 179, protecting alewives and 

lamper eels ...... 257 

sect. 2, chap. 177, relating to transportation 

of game, etc. . . . . . . 258 

sect. 10, chap. 289, relating to salary of Coos 

county solicitor ...... 262 

sect. 2(1, chapter 195, relating to administi'ators 262 
sect. 1, chajj. 179, forbidding fishing in artifi- 
cial ponds ....... 264 

sect. 7, chap. 75, i-elating to damage on high- 
ways ........ 267 

sect. 8, chap. 239, relating to executions 

against towns and school districts . . 268 
sect. 18, chap. 91, entitled "Scholars" . . 269 
sect. 6, chai>. 170, relating to salaries in sav- 
ings banks ....... 270 

sect. 16, chap. 2SK, relating to discijjline in 

state prison . . . . . . .271 

chap. 172, relating to insurance . . . 272 
sect. 1, chap. 269, relating to oft'enses, etc. in 

the street ....... 274 

sect. 4, cha}). 179, protecting salmon and trout 275 

sect. 11, cliap. 252, relating to criminal courts 277 
chajj. 140, relating to assignments for benefit 

of creditors ....... 279 

sect. 14, chap. 287, relating to persons sent to 

state industrial school . . • . . . 284 
sect. 9, chap. Ill, relating to i:)enalty for nui- 
sance ........ 287 

sect. 10, chap. 53, exempting manufactoi-ies 

fi-om taxation ...... 292 

repealed, sect. 9, chap. 176, on jjrohiljiting fishing in 

towns or cities ...... 228 

sect. 9, chap. 65, relating to savings bank ta.x 

distiibntion ....... 250 

sect. 4, chap. 133, relating to ajjothecaries . 263 

sect. 13, chap. 289, relating to sherifis'' salaries 276 
Geology, Hitchcock's, fifty sets placed at disposal of governor and 

council 296 



1885.] 



Index. 



393 



Geology, Hitchcock's, town historians entitled to sets of, when . . 317 

Gettj'sburg battlefield, land to 1>e ])ureliased and monuments erected on 298 

monument l\y N. II. sharpshooters . . . 303 

Governor and council to distribute state geology 296 

to issue annual proclamation for arljor day . . 297 
to appoint commissioners on boundary' line with 

Massachusetts ...... 307 

to ajjpoint commissioners to codify school laws . 318 
to appoint committee on removal of N. H. Col- 
lege of Agriculture . . . . .317 

Granite State Deaf Mute Mission, approjiriation for .... 302 

Telephone Company, tax of 1883 remitted . . .298 

Grant, General, appropriation for expenses attending olisequies of . 310 

Guaranty fund of savings banks ma}- be used, except for dividends . 267 

Guardians of the insane, neglecting to render account, trust revoked . 255 

Hamblett, Charles J., appropriation in favor of 316 

Hampton police court abolished ........ 231 

Health officers, selectmen to appoint 234 

to report to state board ....... 234 

state board of, to make rules for local boards .... 234 

Highway crossed by railroad, regulations concerning .... 294 

Highwaj-s in northern part of state, aitpropriations in favor of . . 311 
notice of damages to lie filed witli selectmen and clerk of , 

town liable ......... 267 

Hill, Everett, remunerated for loss of cattle ...... 306 

Hillsborough county, sherift''s salary ....... 276 

Historians, town, entitled to sets of Hitchcock's Geology, when . . 317 

Hitchcock's Geology, governor and council to dispose of fifty copies . 296 

town historians entitled to sets, when . . . 317 

Horn, Charles M., appropriation in favor of 316 

Hotel-keepers' liability, condition of ....... 293 

Hutchins, Stilson, thanks to, for framed exhibit of signatures . . 314 

Imitation butter, sale of, regulated ....... 269 

Liip\u-e literature, sale and circulation of, prohibited .... 232 

Index to state laws to be printed and distributed ..... 237 

Indexing puljlic records to be continued ...... 299 

LicUgcnt soldiers and sailors, not to be sent to alms-houses . . . 251 

Infi'ingement of water rights, redress for 284 

Insane persons, guardians of, to render account, as prescribed . . 255 

Insolvent banks, closing up of ....... . 229 

commissioners' duty regarding ..... 265 

Inspection of jiassenger steamlioats ....... 285 

Insurance commissioner, to determine solvency of foreign surety com- 

2)anies, how ...... 260 

to provide standard policy .... 289 

companies, foreign, license revoked, when .... 289 

to pay losses, how ...... 289 

to conform to rules of commissioner . . . 289 
policy of, errors and changes not to ^jrevent recovering upon, 

w^hen ........... 272 

Jones, Edwin F., apjiropriation in favoi' of ...... 316 

Justice of supreme court may hear and determine certain i)etitions and 

informations in vacation . . . . . . . . .251 

Justices of the peace, fees of, increased, when ..... 230 

Keenan, John C, claim of, referi-ed ....... 307 

Kent, Ilem-y O., appropriation in favor of ..... . 310 

Laboring interests of state, to aid and protect ..... 274 

Lamper eels, in Meirimack and Connecticut rivers, protected . . 257 

Land to be purchased and momnnents erected on Gettysburg battlefield 298 
Laws (^ee also General, Pamphlet, and Province). 



394 



Index. 



[1885. 



Laws, state, index to, to be printed ...... 

school, commissioner on revision, etc. of, to l^e ajipointed . 
Liability of hotel-keepers, condition of . 
License fees jDaid for sale of trees, etc. refunded .... 

of steamboats and their engineers ..... 

Liens on personal property shall l)e evidenced in writing and recorded 
Lincoln, highways in, to be repaired ...... 

Lobster traps, unlawfully removing, penalty .... 

Lobsters, close season changed ....... 

Lovejoy, G. L., appropriation in favor of 



237 
318 

293 
248 
285 
245 
311 
239 
255 
316 



Mandamus, writs of, supreme court to issue, in execution on town or 

school district 268 

may issue at trial terms ..... 251 

petitions for, justice may determine in vacation . 251 

^Manufacturing interests of state, t(j aid and jn-otect .... 274 

jNlanufacturing property, exemption of, from taxation, proliibitcd, when 292 
Massachusetts and Xew Hampshire l)oundary line, commissioners on, 

to be appointed ........... 307 

]\Icrrimack may ajiprojjriate tor Thornton monument .... 309 

j\Iica mines taxal^le as real estate ........ 241 

jMilitary record of N. IL in the Relx^lion, to l^e published . . . 233 

jMilitary records, abstracts of, adjutant-general to prepare . . . 305 

]\Iilk, adulterated, complaint and jJrosecution for selling . . . 259 

]\Iillsfield, highways in, to l)e repaired ....... 311 

Mines, mica, taxal)le as real estate ....... 241 

Minor child, emplojinent of, to circulate impure literature, prohil)ited 232 

]\Iinors under seventeen may he sent to state industrial school . . 284 

^Minors under sixteen, selling cigarettes or tobacco to, prohiljited . 264 

^Monument, Duston, fence to be painted ...... 308 

to be erected at gi'ave of Matthew Thornton . . . 309 

Monuments to be erected at (iettysl)m-g ..... 298, 303 

Moore, O. C, appro]:) riation in favor of ...... 318 

Xames changed by judges of probate in several counties, list of . . 319 
Xational domain, resolution on, to be sent to our congressmen, etc. . 313 
New Hampshire citations, book of, to be procured .... 309 
College of Agriculture and ^leclianic Arts, appropria- 
tion for ." 305 

College of Agriculture and Mechanic Arts, committee 

on change of location, to he appointed . . . 317 

Democratic Press Association, a})propriation in favor of 318 

National (iuard, one company of cavalry in . . 243 

start' of lirigade commander . . 243 

duty and pay of inspector . . . 243 

tines, enrollment, etc. . . . 243 

conmiander-in-chief"s orders . . 243 

Veterans' Association, a^jpropriation for . . . 298 

Xj-e, J. Henry, appropriation in favor of ..... . 316 

Obsequies of General Grant, expenses attending, defrayed . . . 310 

Odlin, John W., appropriation in favor of ..... . 303 

Oftenses and disorders in the street, certain, forbidden . . . 274 



Pamphlet Laws, amended, sect. 3, chapter 101, ISS.'S, relating to railroad 

commissioners ...... 247 

sect. 10, chap. 42, 1883, regulating sale of 

milk .259 

chap. 19, 1881, relating to copies of public 

records . . . . . • . • 263 

sect. 10, chap. 256, 1881, revising city char- 
ter of Dover . . . . " . .276 

sects. 1, 2, and 3, chap. 100, 1881, on inspec- 
tion of steamboats ..... 285 



1885.] 



Index. 



395 



Pamphlet Laws, amended, sect. 1, chaj). 53, 1883, increasing; jjenalty 

for nuisance ...... 287 

repealed, chap. 12, 1881, relating to returns of di- 
vorces 228 

chap. 44, 1879, regulating sale of trees, 

shrubs, and patent rights . . 229, 248 
chap. 16, 1879, relating to taking of birds 247 
chap. 65, 1883, relating to licensing ped- 
dlers, etc. 261 

chap. 87, 1883, establishing bounty on 

Avoodohucks ...... 244 

Parker, "Winthrop, appropriation in favor of . . . . . . 316 

Patent rights, act re(|uiring license to sell, repealed .... 229 

Peddlers, law requiring license for, repealed ..... 261 

Pittsburg, highway in, to repair ........ 311 

Pittstield police court abolished 248 

Police court, Dover, justice's salary ....... 276 

of Hampton aljolished ....... 231 

of Pittslield abolished 248 

warrant, how returnable ....... 277 

Portraits, thanks for 300 

Precincts, financial statistics of, to be collected and published . . 257 

Probate appeals taken to trial terms of supreme court .... 234 

Province laws, 1696 to 1725, to be reprinted ...... 236 

Public records, indexing of, continued ....... 299 

Pm'ity of- elections, to aid and insure ....... 290 



Quo warranto, yvr'its of, supreme court may issue, at trial term . . 251 
petitions for, and informations in nature of, 
justice may determine in vacation . . 251 



Railroad commissioners, duties of, i*egarding crossings 

time of apportioning expenses changed 

crossings, warnings at ..... . 

grade and highway crossings ..... 

duties of commissioners regarding .... 
Railroads to notify consignee in writing that certain fi'eight is received 
Randolph, highways in, to be repaired .... 

town-meetings, 1883 and 1884, legalized 
Record of N. H. soldiers and sailors in war of Rebellion to be prepared 
Records, county, to be copied, when ...... 

military, adjutant-general to prepare abstracts of . 

town and city, to be bound and filed and not loaned 

Redress for water rights infringed 

Referee's report to justices of the peace may be sent to sui:)reme court 
Registrar of vital statistics to publish returns of divorces 
Repairs on state house autliorized ....... 

Rej^ublican Press Association, appropriation in favor of 

Returns of vote on constitutional amendments, 1877, to be printed 

Riparian i^roprietors, rights of, protected 

Rockingham coimty, solicitor's salary 

Salaries and expenses_of treasurer and clerks of savings banks limited 
Salary of justice of Dover police court .... 

secretary of board of equalization . 

sheriff of Hillsljorough county 

solicitor of Coos county ..... 

solicitor of Rockingham county 

state prison chaplain ..... 

state superintendent of public instruction 
Sale of veal regulated ....... 

Salmon protected ........ 

Savings bank tax, time of paying to towns changed 

Savings banks may use guaranty fund, except to pay dividends 

officers, receiving fees on account of loans, penalty 



294 
247 
294 
294 
294 

•2m 

311 
•loQ 
233 
263 
305 
273 
284 
249 
228 
297 
318 
227 
284 
229 

270 
276 
250 
276 
262 
229 
240 
275 
249 
275 
250 
267 



396 



Index, 



[1885. 



Savings banks, treasurer's and elerks' salaries and expenses limited 
treasurer's bond limited ..... 

Sawdust and other waste, legal rights infringed by, redressed 
Scaffold for use in state prison i)urc-hased ..... 

School committees, duties of, as to suits ..... 

districts, execution on : levy on non-residents' property, when 
districts, special, may l)e abolished ..... 

laws, commissioner on revision, etc. of, to be appointed . 
lots, barl^ed wire for fence on, prohibited .... 

Schools, teachers of pul)lic, may attend institutes .... 

town sj'stem of, estal)lished ...... 

Scott, J. F., appropriation in favor of . 
Secretary of state, l)onds of clerks of supreme court to be lodged with 
to have index to state laws printed . 
to have province laws, 169G to 1725, reprinted 
to have returns of votes on constitutional amend 
ments, 1877, printed ..... 

Selectmen shall assist adjutant-general in jireparing N. II. militarj 
record ......... 

neglecting to assist, etc. penalty ..... 

to appoint health officers, when ..... 

to have town records bound, filed, safely kept, and not loaned 
to regulate use of sidewalks in villages ... 

Senators, United States, election of, congress requested to regulate 
Shaw, Natt Ct., ajjpropriation in favor of .... . 

Sheritt" of Hillsborough count}', salary of 

Shurtleft', A. J., appropriation in favor of ..... 

Sidewalks in villa<>-es, selectmen to regulate use of . . . 
Signatures, framecl exhiliit of, thanks for ..... 

Silsby, G. H. & Son, appropriation in favor of ... . 

Smith, Charles P., approi^riation in favor of . 

Soldiers and sailors, indigent, not to he sent to alms-houses . 

of N. II. in Rebellion, record of, to be published 
Solicitor of Coos county, salary of ...... 

Rockingham county, salary of . 
Special school districts ma}' be abolished ..... 

State board of equalization, secretary's salary .... 

health, api)ropriation for clerk to . 

to make rules for local boards ... 
local boards to report to ... . 

State camp ground, appropriation for imi)rovement of . 

house, awnings to be jjlaced over certain windows in . 

repairs on, authoi'ized ...... 

industrial school, minors under seventeen may be sent to 
laboring and manufacturing interests, to aid and protect 
library, ajjpropriation for . 
prison, a{)jiroi)riation for lil)rary of .... . 

chaplain's salaiy ....... 

income of, deficiency prcnided for .... 

punishment and discipline regulated 

scaft'old for use in, purchased ..... 

superintendent of public instruction, salary of . . . 
tax, for two years, provided for ...... 

Statue of Daniel AVebster, reception and dedication 
Steamboats, passenger, inspection and license of . 

Stokes, Frank E., appropriation in favor of 

Stokes, John K., appi"02)riation in favor of 

Suits, duties of school committees as to . 

Sullivan, Michael, approi^riation in favor of . 

Sunapee, town of, state treasurer to pay railroad tax for 1882, 1883 

and 1881 

Supreme court, clerks of, bonds, lodged with secretary of state . 
to rejjort divorces to registrar 
may issue writs of mandamus and quo wanrmto at trial 
terms ........ 

justices in vacation maj' hear petitions, etc. 



270 

235 

284 

288 

269^ 

268' 

286 

318 V- 

261' 

278^ 

252 U-- 

316 

238 

237 

236 

227 

273 

273 

234 

273 

254 

312 

316 

276 

306 

254 

314 

318 

316 

251 

233 

262 

229 

286 

250 

301 

234 

234 

301 

295 

297 

284 

274 

300 

301 

240 

240 

271 

288 

275 ^ 

266 

315 

285 

316 

316 

269 .. 

316 

271 

238 
228 

251 
251 



1885.] 



Index. 



397 



Sux^reme court, case on exceptions may be transferred to law term 

to issue writ of mandamns in execution on town and 
school district ....... 

trial terms of, proljate apjjeals taken to 
Surety companies, foreign, to do business in state, on what conditions 

on bonds, certain corporations may become 
Survival of actions and their causes ...... 



251 

268 
234 
260 
256 
233 



Tappan, Frank ]\[., approjjriation in favor of .... 

Tax, savings bank, time of distribution changed .... 

state, 1883, remitted to Granite State Telephone Comjiany . 
for t^vo 3'ears, provided for ...... 

remitted to Ashuelot savings bank .... 

Taxation, exemption of manufacturing property from, prohibited in 
certain cases . . . . " . 

of mica mines ........ 

of property, place not changed hj appointment of special 
administrator ........ 

Teachers may attend institutes . 

Thanks for portraits ......... 

to Stilson Hutchins, for fi-amed exhibit of signatures 
Thornton, highways in, to rej^air ....... 

Thornton, ]Slatthew, monument to be erected at grave of 

Tilden, Leonard E., appropriation in favor of .... 

Tobacco, selling to minors under sixteen, jjenalty 

Tolmay, Rose and Ellen, ajjproj^riation in favor of . . . 

Town historians entitled to sets of Hitchcock's Geology, when 

meetings legalized, of Randolph 

otiicers, election of, not invalidated by omission in warrant 
records, to be bound and tiled and not loaned ... 

system of schools, esta1)lished 

Towns, execution on ; levy made on non-residents' property, when 
financial statistics of, to be collected and published . 

prohibition hy, of fishing, repealed 

Transient traders, law requiring license to, repealed ... 
Treasurer, of savings banks, salary and expenses limited 
state, to change time of distributing bank tax 

to collect and publish financial statistics of counties 

cities, towns, and precincts .... 
to dispose of insolvent l)ank dividends 
to pay town of Sunapee railroad tax for 1882, 1883 

and 1884 

to refimd license fees j^aid for sale of trees, etc. 

Treasurers, of savings Ijanks, bonds limited 

Trees, law requiring license to sell, rejjealed .... 

license fees for sale of, refunded 

Trout, protected 

Underbill, John, appropriation in favor of 

Unincorporated places, constables' powers in .... 

Union Publishing Company, ai)propriation in favor of . 

United States senators, election of, congress requested to regulate 

Veal, sale of, regulated ......... 

Village sidewalks, selectmen to regulate use of . 



316 
250 
298 
266 
296 

292 
241 

262 
278 
300 
314 
311 
309 
316 
264 
316 
317 
236 
254 
273 
252 
268 
257 
228 
261 
270 
250 

257 
229 

271 
248 
235 
229 
248 
275 

316 
241 

318 
312 

249 
254 



Warnings at railroad crossings .... 
Warrant, issued by police court, etc., how returnable 
Water rights infringed, redress for 

supply, leaving offensive matter near, penalty 
Webster, Daniel, statue of, reception and dedication 
Wentworth's Location, highways in, to rejniir 
Willey House, highways from, to repair 
Woock'hucks, bounty on, re])ealed .... 
Woodward, T. ■\^^, appropriation in favor of 



294 
277 
284 
287 
315 
311 
311 
244 
316 



INDEX 

TO 



PRIVATE ACTS AND RESOLUTIONS, 



Passed June Session, 1885. 



American Typographic Company, Manchester, incorporated . . 344 

Amoskeag Indurated Fibre Ware Company incorporated . . . 324 

Bear Camp River Boom and Improvement Company, Ossipee, incor- 
porated 381 

Bellows Falls Boom Companj' in New Hampshire incorjjorated . . 369 

Boston, Concord & jMontreal Railroad may refund its debts . . . 325 

Bridgewater, Union school district with Plpnouth, abolished . . 381 

Bristol, school district lines 378 

Capitol Fire Association of N. H. incoi-poi'ated ..... 357 

Christ's churchyai'd, Rollinsfoi'd, disinterment in, authorized . . 323 

Claremont & White River Junction Railroad, charter extended . . 328 

Colebrook, school district lines of, \vith Columbia .... 369 

Coli^mbia, school district lines of, with Colebrook .... 369 

Concord Guaranty Savings Bank incorporated 353 

charter extended .... 353 

N. H. Guaranty Savings Bank incorporated . . . .371 

Saint Mary's School for Girls incori^orated .... 337 

Water Power Company incorporated ..... 342 

Contoocook Manufacturing and jMechanic Company .... 364 

Eaton & Ayer Company, name changed 334 

charter amended ...... 334 

Exeter Water Works, incorporated 346 



Fanns Cemetery, Hudson, incorporated 360 

First Baptist Society in New Boston, charter amended .... 338 

First Free Baptist Society, Gilmanton, may assess pews for insurance . 343 

Gilford, board of education in District No. 13, act of 1877 establishing, 

amended 366 

Gilmanton, First Free Baptist Society may assess pews for insurance . 343 

Goffstown fire precinct, meeting legalized 343. 

Granite State Fire Insurance Company, charter amended . . . 331 

27 



400 



Index. 



[1885. 



Hanover village precinct laws amended .... 

Haverhill, Woodsville Aqueduct Company, incorporated 
Henniker maj' contract with Henniker Spring Water Company 
Hillsborough Lodge, No. 17, Knights of Pythias, incorporated 
Hinsdale, high school district may unite with town district . 
Hudson, Farms Cemetery, incorporated .... 



379 
373 

339 
368 
379 
360 



Israel's Improvement Company, incorjjorated 



358 



Junction of ]Mount Washington Summit Road Company and White 

iMountain Turnpike Company, authorized . . . . . .371 

Keene may construct additional water works 349 

superintendent of schools in city of, authorized .... 331 

Union school district may miite with other districts . . . 378 

Laconia and Lake Village Water Works, charter extended . . . 377 

Lancaster, Union Bridge Company, charter amended .... 339 

Lancaster & Kilkenny Railway Company, location changed . . 333 



Manchester, American Ty])ographic Company, incorporated 
city board of health established .... 
Horse Railroad, charter extended 
jNIasonic Building Association incorporated 
N. H. Ti'ust Company, incorj^orated . 
Masonic Building Association, Manchester, incorjjorated 
Mount Washington Summit Road Comjiany, junction of, with White 
Mountain Turnpike Company, authorized .... 

Nashua Bobbin and Shuttle Company, incorporated from Eaton & Ayer 
Com pan J' ........ 

Cemetery Additional, incori)orated .... 

city charter amended as to election of officers . 
Historical Society, incorporated .... 

Lock Comjjany, charter amended .... 

Soldiers' Monument Association incorjiorated . 
Street Railway incorporated ..... 

New Boston, First Baptist Society, charter amended 
New England Musical Festival Association incoi-poi-ated 
New Hampshire Conference Seminary and Female College, charter 
amended ....... 

Home IVIissionary Society, charter amended 
Medical Society, charter amended 
INIethodist Annual C'onference, name changed 
Odd Fellows' Widows and Orplians' Home, name 
changed ........ 

Trust Company, jNIanchester, incorporated 
Newport may raise money for town-house and tire apjjaratus 
Northtield may aid in erecting soldiers' monument in Tilton 

Ossipee, Bear Camp River Boom and Improvement Comi)any, incor 
porated ..... ... 



34* 
33^ 
361 
340 
351 
340 

371 



334 

350 
330 
348 
328 
880 
361 
338 
355 

329 
328 
340 
327 

342 
351 
346 
327 



381 



Pamj^hlet Laws, amended, chap. 30, 1835, incorporatingFirst Free Bap 

tist Societj' in (iilmanton . 
chap. 147, 1877, establisliing board of educa 

tion in Gilford, District No. 13 . 
chap. 239, 1881, relating to Hanover village 
precinct ...... 

repealed, chap. 106, 1873, relating to school district 
lines of Columbia and Colebrook 
Pembroke, Suncook Savings Bank, incorporated .... 



343 



366 



369 
376 



1885.] Index. 401 

Pemigewasset Mutual Relief Association ineoi'porated .... 367 

Peojile's Fire Insurance Company, incorporated ..... 365 

Plymouth, Union school district with Bridgewater abolished . . . 381 
Portland & Ogdensljurg Railroad bondliolders vested with corporate 

riglits 332 

Portsmouth Brewing Company may extend wharf . . . .351 
superintendent of schools, election, duties, and compensa- 
tion ........... 375 

Rollinsford, disinterment in Christ's churchyard authorized . . . 323 

Saint Mary's School for Girls, Concord, incorj^orated .... 337 

Simonds High School Fund, Trustees of, incorporated .... 336 

Suncook Savings Bank, Pembroke, incorporated 376 

Tilton soldiers' monument, Northfield luay aid in erecting . . . 327 
Trustees of N. H. Conference of M. E. church, new name of N. H. 

Conference 327 

Simonds High School Fund, incorporated .... 386 

Union Bridge Companj-, Lancaster, charter amended .... 339 

Union Publishing Company, Manchester, may increase capital stock . 325 

Woodstock and Lincoln Turnpike Company ...... 356 

Woodsvllle Aqueduct Company, Haverhill, incorporated . . . 373 



A- 



N 



31 w^t^xiti-m-^w. '.»*»•.»