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

UniversiUj of 
TlewMmpshire 




LAWS 



OF THE 



STATE OF NEW HAMPSHIRE 



PASSED JANUARY SESSION, 1905. 



LEGISLATURE CONVENED JANUARY 4, ADJOURNED MARCH 10. 




CONCORD, N. H. 
1905. 



Printed and Bound by Rumford Printing Company, Concord. 



STATE OFFICERS. 



JOHN McLANE, Governor. 

EDWARD N. PEARSON, Secretary of Stale. 

SAMUEL H. STEARNS, Deputy Secretary of State. 

SOLON A. CARTER, State Treasurer. 

JOHN WESLEY PLUMMER, DepUy State Treasurer. 

GEORGE H. ADAMS, President of the Senate. 

RUFUS N. ELWELL, Speaker of the House. 

LOUIS ASHTON THORP, Clerk of the Senate. 

JAMES M. COOPER, Clerk of the House. 

AUGUSTUS D. AYLING, Adjutant-General. 

HENRY C. MORRISON, Superintendent of Public Instruc- 
tion . 

ALBERT S. BATCHELLOR, Editor of State Papers. 

ARTHUR H. CHASE, State Librarian. 

CHARLES P. BANCROFT, Superintendent of State Hos- 
pital. 

ARTHUR W. DEAN, Higinuay Engineer. 

CHARLES E. COX, Warden of State Prison. 

WILLIAM B. YEhl^OWS, Secretary of Board of Equaliza- 
tion. 

NAHUM J. BACHELDER, Secretary of Board of Agri- 
culture. 

IRVING A. WATSON, Secretary of Board of Health. 

WILLIAM J. AHERN, Secretaiy of Board of Charities and 
Correction. 

JOHN C. LINEHAN, Insurance Commissioner. 

LYSANDER H. CARROLL, Labor Com^nissioner. 

ALPHEUS W. BAKER, "| 

RICHARD M. SCAMMON, "yBank Commissioners. 

ARTHUR E. DOLE, j 

HENRY M. PUTNEY, ] 

ARTHUR G. WHITTEMORE, \ Railroad Commissioners. 

GEORGE E. BALES, J 

GEORGE H. MOSES, 1 

HENRY O. KENT, V t? , r 

MARSHALL C. WENTWORTH, > forestry L.ommisswn. 

JASON E. TOLLES, J 

NATHANIEL WENTWORTH, 1 z^- a ^ ^ ^ 

CHARLES B. CLARKE, Y"^. ^^^^ ^^''^" Commrs- 

MERRILL SHURTLEFF, J ^'O'^^'^' 

EDWIN G. EASTMAN, ^ 

ALBERT S. BATCHELLOR, p z./- z> • ,• r^ 

JOHN H. RIEDELL, \ ^"^!'' ^^'"'^^''^ Commts- 

JAMES M. COOPER, j 

HARRIE E. WAITE, J 



/^V 



/ 



SUPREME COURT. 



FRANK N. PARSONS, Chief Justice. 
WILLIAM M. CHASE, "] 
REUBEN E. WALKER, ' ■ , cv- ,. 

GEORGE H. BINGHAM, f "^^^ocmtc fnsUccs. 

JOHN E. YOUNG, J 

EDWIN G. EASTMAN, Attorney-General . 

JOHN H. RIEDELL, Law Reporter. 



SUPERIOR COURT. 



ROBERT M. WALLACE, Chief Justice. 

ROBERT G. PIKE, ] 

ROBERT J. PEASLEE, ' ^,,,,,-^^, y^,,^,,,, 

CHARLES F. STONE, > ^^^^^^^^^ Justices. 

ROBERT N. CHAMBERLIN, j 



LAWS 



STATE OF NEW HAMPSHIRE, 



PASSED JANUARY SESSION, 1905. 



CHAPTER I. 

AN ACT IN AMENDMENT OF CHAPTER 273 OF THE PUBLIC STATUTES 
RELATING TO FRAUDS AND EMBEZZLEMENTS. 



Section 
1. Embezzlement by agents or servants, 
how punished. 



Section 
2. Takes effect on passage. 



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

Section i. That seclion 17 of chapter 273 of the Public Embezzie- 
Statutes be amended by adding at the end of said section the ^e°ntsors^ 
following new sentence : And if any officer, agrent, clerk or vants.how 

^ i- . . -^ 11 • punished. 

servant 01 any incorporated or unincorporated trades union, 
fraternal or benevolent association, club, society, or other asso- 
ciation of persons levying assessments or dues upon its mem- 
bers or supported in whole or in part by their voluntary contri- 
butions, shall embezzle, fraudulently convert, or knowingly or 
voluntarily misapply any money or other effects or property 
of such association as aforesaid, he shall be deemed guilty of 
an offense under this section and punished as herein provided, 
notwithstanding that he may have an interest in said money, 
effects, or property. So that said section as amended shall read 
as follows : Sect. 17. If any officer, agent, or servant of a 
corporation, public or private, or the clerk, servant, or agent of 
a person, shall embezzle or fraudulently convert to his own 



398 



Chapter 2. 



[1905 



Takes effect 
on passage. 



use any money, bill, note, or security for money, evidence of 
debt, or other effects or property whatever of such person or 
corporation, or in their possession or keeping, or shall know- 
ingly or voluntarily pay or deliver any such money, bill, note, 
security for money, evidence of debt, or other effects or prop- 
erty to any person or to the order of any person, knowing that 
such person is not entitled to receive it, and punishment is not 
otherwise specially provided for the offense, he shall be fined 
not exceeding two thousand dollars, or be imprisoned not 
exceeding five years, or both. And if any officer, agent, clerk 
or servant of any incorporated or unincorporated trades union, 
fraternal or benevolent association, club, society, or other asso- 
ciation of persons levying assessments or dues upon its mem- 
bers or supported in whole or in part by their voluntary contri- 
butions, shall embezzle, fraudulently convert, or knowingly or 
voluntarily misapply any money or other effects or property of 
such association as aforesaid, he shall be deemed guilty of an 
offense under this section and punished as herein provided, 
notwithstanding that he may have an interest in said money, 
effects, or property. 

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

[Approved February i, 1905.] 



CHAPTER 2. 



AN ACT IN AMENDMENT OF CHAPTER 19, LAWS OF 1899, ENTITLED "AN 
ACT TO REGULATE SALES UNDER POWERS OF SALE CONTAINED IN 
MORTGAGES OF REAL ESTATE." 



Section 
1. Notice of sale under power of sale 
mortgage. 



Section 
2. Takes effect on passage. 



Notice of sale 
under power 
of sale mort- 
gage. 



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

Section i. Amend chapter 19, Laws of 1899, by insert- 
ing after the word " situated" in the thirteenth line of section 3 
of said chapter, the words, and if no newspaper is published 
in the town in which the registry of deeds for the county is 
situated, then in any newspaper published in the county where 
the mortgaged premises or some part thereof is situated, so 
that said section as amended shall read as follows : Sect. 3. 
Instead of such suit and decree of sale, the mortgagee or per- 
son having his estate in the premises, or any person authorized 
by the power of sale, may, upon breach of the condition, give 



1905] 



Chapter 3. 



399 



such notices and do all such acts as are authorized or required 
by the power ; but no sale under and by virtue of a power of 
sale in a mortgage of real estate shall be valid and effectual 
to foreclose such mortgage, unless previous to such sale notice 
thereof has been published once a week for three successive 
weeks in some newspaper, if there is any, published in the 
city or town where the mortgaged premises or some part there- 
of is situated, and if no newspaper is published in such city or 
town, then in some newspaper published in the town in which 
the registry of deeds for the county is situated, and if no news- 
paper is published in the town in which the registry of deeds of 
the county is situated, then in any newspaper published in the 
county where the mortgaged premises or some part thereof is 
situated, the first publication of such notice in either case to be 
not less than twenty-one days before the day of sale. 
Sect. 2. This act shall take effect on its passage. 

[Approved February i, 1905.] 



Takes effect 
on passage. 



CHAPTER 3. 



AN ACT TO PROVIDE FOR THE ASSESSMENT AND COLLECTION OF A STATE 
TAX FOR THE YEAR 1905. 



Section 

1. State tax of $425,000 for 1905. 

2. Repealing clause. 



Section 
3. Takes effect on passage. 



Be it enacted by the Senate and House of Representatives in 
Genei'al Court convened: 

Section i. The sum of four hundred twenty-five thousand state tas of 
dollars shall be raised for the use of the state for the year 1905, 1905.' °° 
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 January 
session of the legislature in 1903 ; and the selectmen of such 
towns and places and the assessors of such cities are hereby 
directed to assess the sums specified in said warrants and cause 
the same to be paid to said treasurer on or before the first day 
of December, 1905, and the said treasurer is hereby authorized 
to issue his extent for all taxes which shall remain unpaid on 
the date last above mentioned. 

Sect. 2. All parts of section i of chapter 66 of the Laws Repealing 
of 1903, entitled "An act to provide for the assessment and •^^^"^®- 



400 



Chapters 4, 5. 



[1905 



Takes effect 
on passage. 



collection of an annual state tax for the term of two years,' 
which are inconsistent with this act are hereby repealed. 
Sect. 3. This act shall take effect upon its passage. 

[Approved Februar}' 2, 1905.] 



Bastards and 
their issue 
heirs of 
mother and 
her Isindred. 



CHAPTER 4. 

AN ACT IN AMENDMENT OF CHAPTER 196, SECTION 4, PUBLIC STATUTES 
OF NEW HAMPSHIRE, ENTITLED RELATING TO DESCENT, DISTRIBUTION 
AND ADVANCEMENTS. 

Section 1. Bastards and their issue heirs of mother and her kindred. 

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

Section i. That section 4 chapter 196 Public Statutes of 
New Hampshire be amended by adding the words and her 
kindred so that said section shall read : Sect. 4. The heirs 
of a bastard in the ascending and collateral lines, shall be the 
mother and her heirs ; and bastards and their issue shall be 
heirs of the mother and her kindred. 

[Approved February 2, 1905.] 



CHAPTER 5. 



AN ACT TO CLOSE ICE FISHING IN LYME OR POST POND IN THE TOWN 

OF LYME. 



Section 
1. Ice fishing prohibited for four years. 



Section 
2. Takes effect on passage. 



Ice fishing 
prohibited. 



Takes effect 
on passage. 



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

Section i. If any person shall fish through the ice in 
Lyme or Post pond, so called, in the town of Lyme, during 
the next four years from the passage of this act, he shall be 
fined twenty dollars for each offense. 

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

[Approved February 2, 1905.] 



1905] 



Chapter 6. 



401 



CHAPTER 6. 

AN ACT TO AMEND SECTION 1 OF CHAPTER 64 OF THE LAWS OF 1893 
RELATING TO THE ENGROSSMENT OF THE BILLS AND .JOINT RESOLU- 
TIONS. 



Section 
1. Engrossed bills, etc., may be type- 
written. 



Section 
2. Takes effect on passage. 



Be it enacted by the Senate and House of Rcp?-csetitatives in 
General Court convened: 

Section i. Section i of chapter 64 of the Laws of 1893 is ^^f'^f^^^ 
hereby amended by inserting after the word " handwriting," in may'betype 
the second sentence thereof, the words or typewriting as the 
secretary of state shall determine, so that said section as 
amended will read as follows: Section i. The secretary of 
state shall cause to be engrossed all bills and joint resolutions 
which have passed both branches of the legislature. The same 
shall be done in plain and legible handwriting or typewriting 
as the secretary of state shall determine, without erasure or 
interlineation, upon paper of suitable size, with a margin of not 
less than an inch and a half on each side ; and he shall bind 
such bills and resolutions as become laws in volumes of conven- 
ient size, with titles designating the contents and the legisla- 
tive year, and in all respects uniform with the manuscript laws 
now in his office. After each bill and joint resolution requiring 
approval has been engrossed, and signed by the speaker of the 
house and president of the senate, such bills and joint resolu- 
tions shall be presented by the secretary of state to the gover- 
nor for his approval, and in his presence he shall note thereon 
the hour and day when presented for approval, and shall make 
a similar entry in the records of his office. 

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

[Approved February 8, 1905.] 



Takes effect 
on passage. 



402 



Chapters T, 8. 



[1905 



CHAPTER 7. 



AN ACT TO AUTHORIZE THE SUPERIOR COURT TO CHANGE THE NAME OF 
A LIBELUANT WHEN A DIVORCE IS DECREED. 



Section Section 

1. Superior court may change name of 3. Takes effect on passage. 

divorced woman. 

2. Clerks of court to return lists of 

changes. 

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

Superior SECTION I. Ill proceedings for divorce, when the libelhint 

court maj' . . '^ 

change name, shall have asked in the libel to have her name changed, the 
court may, when a divorce is decreed, decree the change of 
the libellant's name to a name which she bore before her last 



Clerks of 
court to re- 
turn lists. 



Takes effect 
on passage. 



marriage. 

Sect. 2. The clerk of the superior court for each county 
shall at the end of each term of court holden therein transmit 
to the register of probate for the county a full and correct list 
of all changes of names that have been decreed by the superior 
court under this act; and the register of probate shall return 
said list of changes of names to the secretary of state who 
shall cause such list to be published as the lists of names 
changed by the judges of probate are now published, except 
that names changed under the provisions of this act shall be 
designated when published as names changed by the superior 
court in divorce proceedings. 

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

r Approved February 8, 1905.] 



CHAPTER 8. 

AN ACT IN AMENDMENT OF SECTION 8 OF CHAPTER 182 OF THE PUBLIC 
STATUTES ENTITLED "JUDGES OF PROBATE AND THEIR JURISDICTION." 



Section 
1. Administration, where granted. 



Section 
2. Takes effect on passage. 



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

Administra- SECTION I. Scction 8 of chapter i82 of the Public Statutes 

tion, where ., , nii it i y r • ^ .• 1 

granted. IS hereby amended by adding at the end oi said section the 

following words : or in which the personal representative or 
kin of such person has a cause of action, so that said section 



1905] Chapter 9. 403 

as amended shall read as follows : Sect. 8. Probate of the 
will and granting of administration on the estate of a person 
deceased shall belong to the judge of probate for the county in 
which such person was last an inhabitant ; but if such person 
were not an inhabitant of this state, the sarnie shall belong to 
the judge for any county in which such person had estate, or 
in which the personal representative or kin of such person has 
a cause of action. 

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

on passage. 

[Approved February 8, 1905.] 



CHAPTER 9. 

AN ACT TO AMEND THE PUBLIC STATUTES, SECTION 5 CHAPTER 37, OF 
THE LAWS OF 1895, RELATING TO THE FEE OF BAIL COMMISSIONERS. 

Section i Section 

1. Fee between 10 p. m. and 6 a. m. I 2. Takes effect on passage. 

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

Section i. Strike out the words "a fee of one dollar for Fee between 
their services in such cases" so that the amended section shall 6a^'m°'^° 
read as follows: [Sect. 5.] The bail commissioners in such 
cases shall be entitled to a fee of two dollars when called 
between the hours of ten o'clock at night and six o'clock in 
the morning ; and a tee of one dollar in such cases when called 
at any time not included within the above space of time. 

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

on passage. 

[Approved February 8, 1905.] 



404 Chapter 10. [1905 

CHAPTER lo. 

AN ACT IN AMENDMENT OK PARAGRAPH XIV SECTION 10, CHAPTER 50 OF 
THE PUBLIC STATUTES, RELATING TO THE POWERS OF CITY COUNCILS. 

Section 1. City councils may establish sprinkling districts. 

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

City councils SECTION I. Section lo, chapter i^o of the Public Statutes 

may establish , , , • i i i i i • • r i i 

sprinkling be and the same is hereby amended by msertmg after the word 
.« j^g(.ggg^j.y " ^j- ^j^g gj^(^ Qf paragraph xiv of said section the 
words to lay out and establish upon the petition of ten or 
more legal voters inhabitants of the city, by suitable bound- 
aries such adjacent parts of the city as they may deem con- 
venient for the following purpose : the sprinkling of streets ; 
and like steps shall be taken thereupon as in the establishment 
of village districts, so that said paragraph, as amended, shall 
read : xiv. Relative to the grade of streets, and the grade 
and width of sidewalks ; to the laying out and regulating pub- 
lic squares and walks, commons, and other public grounds, 
public lights and lamps ; to trees planted for shade, ornament, 
convenience, or use, and the fruit of the same; to trespasses 
committed on public buildings and other public property, and 
in private yards and gardens; in relation to cemeteries, public 
burial grounds, the burial of the dead, and the returning and 
keeping records thereof, and bills of mortality, and the duties 
of physicians, sextons, and others in relation thereto ; relative 
to public wells, cisterns, pumps, conduits, and reservoirs ; the 
places of military parade and rendezvous, and the marching of 
military companies with music in the streets of the city ; rela- 
tive to precautions against fire ; relative to oaths and bonds of 
city officers, and penalties upon those elected to such offices 
refusing to serve ; and relative to licensing and regulating 
butchers, petty grocers or hucksters, peddlers, hawkers, and 
common victualers ; dealers in and keepers of shops for the 
purchase, sale, or barter of junk, old metals, or second-hand 
articles, and pawnbrokers ; under such limitations and restric- 
tions as to them shall appear necessary ; to lay out and estab- 
lish upon the petition of ten or more legal voters inhabitants 
of the city, by suitable boundaries such adjacent parts of the 
city as they may deem convenient for the following purpose : 
the sprinkling of streets ; and like steps shall be taken there- 
upon as in the establishment of village districts. 

[Approved February 8, 1905.] 



1905] 



Chapter 11. 



405 



CHAPTER II. 



AN ACT RELATING TO BRIEFS AND COSTS IN THE SUPREME COURT. 



Section 

1. Copies and briefs, how to be fur- 

nished. 

2. Costs for briefs, how taxed. 



Section 
3. Takes effect on passage. 



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

Section i. Section 14 chapter 204 of the Public Statutes copies and 

. , ' 1 1 7 •! • 11 r briefs, how to 

be and the same is hereby amended by strikmg out all alter be furnished, 
the word " relies*' in the ninth line of said section to the word 
" case" in the eleventh line thereof and by inserting the words 
but no after said word "relies" and by inserting the word 
shall after the word "case" in said eleventh line, so that as 
amended said section shall read : Sect. 14. In a case so 
reserved upon a statement of facts agreed to by the parties, the 
plaintiff, and in other cases reserved, and upon a bill of excep- 
tions allowed, the part}' excepting or moving, shall furnish to 
the court copies of the case and papers referred to, sufficient 
for the justices sitting in the case ; and each party who desires 
to be heard shall furnish to each of the justices, to each of the 
opposing counsel, to the state reporter, and to the state library 
a brief of the points and authorities upon which he relies, but 
no case shall be dismissed for want of a brief. 

Sect. 2. Section 6 chapter 287 of the Public Statutes is costs for 
hereby amended by striking out the words "law term of the" taxed.' 
in the second line of the section and also by striking out all of 
the section after the words "state library " in the seventh line 
thereof and by inserting in the place thereof the following : 
within the time limited by the rules of court or any special 
order made in the case, so that the section when amended will 
read as follows : Sect. 6. The prevailing party in an action 
transferred to the supreme court shall be entitled to tax and 
recover of the adverse party, for the brief of his counsel, a 
reasonable sum not exceeding fifteen dollars, to be allowed by 
the court, if a copy of the brief was furnished to each member 
of the court, each [one] of the counsel of the adverse party, 
the state reporter, and the state library within the time limited 
by the rules of court or any special order made in the case. 

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



Takes effect 
on passage. 



[Approved February 8, 1905.] 



406 



Chapters 12, 13. 



[1905 



CHAPTER 12. 

AN ACT TO PROTECT THE WATERS OF ALTON BAY FROM POLLUTION BY 
SAWDUST AND OTHER WASTE. 



Deposit of 
sawdust and 
mill-waste 
prohibited. 



Penalty for 
violation. 



Repealing 
clause. 

Takes effect 
April 1, 1905. 



Section 

1. Deposit of sawdust and mill-waste 

prohibited. 

2. Penalty for violation. 



Section 

3. Repealing clause. 

4. Takes effect April 1, 1905. 



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

Section i. That no sawdust, shavings, or other waste 
products of saw mills, planing mills, or other manufactories 
shall be deposited, dumped, or placed in that part of Lake 
Winnipesaukee known as Alton bay, nor shall any sawdust, 
shavings, or other waste products be allowed to escape into, or 
be deposited, dumped, or placed in any stream which runs, or 
empties, into said bay. 

Sect. 2. Any person, or any officer of any corporation, 
violating the provisions of this act shall be fined not exceeding 
twenty-five dollars for each offense, and each day of a viola- 
tion of the same shall be deemed a separate offense. 

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

Sect. 4. This act shall take effect on April i, 1905. 

[Approved February 9, 1905.] 



CHAPTER 13. 



AN ACT IN AMENDMENT OF SECTION 8, CHAPTER 177 OF THE PUBLIC 
STATUTES, ALLOWING GUARDIANS TO LEASE WARD'S REAL ESTATE WITH 
THE CONSENT OF THE JUDGE OF PROBATE. 



Section 



Guardian may lease real estate of 
ward. 



Section 
2. Takes effect on passage. 



Guardian may 
lease real es- 
tate of ward. 



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

Section i. Section 8 of chapter 177 of the Public Statutes, 
as amended by chapter 5 of the session Laws of 1895, is here- 
by amended by adding thereto the following words : The judge 
may, on the petition of a guardian setting forth a descrip- 
tion of the property and after due notice and hearing thereon, 
if it appears necessaiy or expedient, authorize such guardian 



1905] 



Chapter 14. 



407 



to lease any of the ward's real estate for such term of years, 
at such rental, and on such conditions as the judge may in his 
decree direct, so that said section as amended shall read as 
follows : Sect. 8. The judge may authorize the guardian to 
sell at auction the real estate of his ward, or any wood or tim- 
ber growing thereon, whenever it is necessary for the support 
of the ward or his family, or will be conducive to his or their 
interests. The judge may, on petition of a guardian, and if 
after due notice and hearing thereon it appears to be necessary 
or expedient, authorize such guardian to mortgage any real 
estate of his ward. The petition shall set forth a description 
of the estate to be mortgaged, the amount of money neces- 
sary to be raised, and the purposes for which such money is 
required, and the decree of the court upon such petition shall 
fix the amount for which the mortgage may be given. The 
judge may, on the petition of a guardian setting forth a descrip- 
tion of the property and after due notice and hearing thereon, 
if it appears necessary or expedient, authorize such guardian 
to lease any of the ward's real estate for such term of years, at 
such rental, and on such conditions as the judge may in his 
decree direct. 

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

[Approved February 9, 1905.] 



Takes effect 
on passage. 



CHAPTER 14. 

AN ACT IN AMENDMENT OF SECTION 1 OF CHAPTER 113 OF THE PAM- 
PHLET LAWS OF 1901, entitled: "an ACT IN AMENDMENT AND IN 
ADDITION TO CHAPTER 195 OF THE PUBLIC STATUTES ENTITLED ' THE 
RIGHTS OF HUSBAND OR WIFE SURVIVING IN THE ESTATE OF THE 
DECEASED HUSBAND OR WIFE,' " 



Section 
1. Share of widow if personal estate 
does not exceed $3,000. 



Section 

2. Repealing clause. 

3. Takes effect on passage. 



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

Section i. Section i of chapter 113 of the pamphlet Laws share of 
of 1901 is hereby amended by striking out the phrase " and if Tonarestat^e'^' 
he dies intestate" wherever it occurs in said section. So that ceed$3,ooo^ 
section 10 of chapter 195 of the Public Statutes as amended 
shall read as follows : Sect. 10. The widow of a person 
deceased, testate or intestate, by waiving the provisions of his 
will in her favor, if any, shall be entitled, in addition to her 



408 



Chapter 15. 



[1905 



Kepealing 
clause. 



Takes effect 
on passage. 



dower and homestead ri^ht;;, as her distributive share, to the 
following portion of his personal estate, remaining after the 
payment of debts and expenses of administration. 

I. One-third part thereof, if he leaves issue surviving him. 

II. One half tliereof, if he leaves no issue surviving him. 
Provided^ however^ that if such remaining portion does not 
exceed in value the sum of fifteen hundred dollars, then she 
shall be entitled to the whole thereof; and in case the value 
thereof exceeds the sum of fifteen hundred dollars, but does 
not exceed the sum of three thousand dollars, she shall be 
entitled to the sum of fifteen hundred dollars. 

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

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

[Approved February 9, 1905.] 



CHAPTER 15. 



AN ACT RELATING TO THE TAXATION OF PORTABLE MILLS. 



Section 
1. Portable mills, how and where 
taxed. 



Section 
2. Repealing clause; act takes effect 
on passage. 



Portable 
mills, how and 
where taxed. 



Repealing 
clause; act 
takes effect 
on passage. 



Be it enacted by the Senate and House 0/ Representatives in 
Genej'al Court convened : 

Section i. Every portable mill shall be taxed as personal 
property at its full value in the town where it is on the first day 
of April, to the owner, if he then resides in such town, other- 
wise to the owner or person having it in his care or custody on 
that day ; and any person or corporation permitting such prop- 
erty to be deposited on their premises shall be deemed to have 
the care or custody, and shall have a lien on the same for the 
payment of said tax ; and when any portable mill shall be 
owned by a person residing out of the town where the same is 
situated on the first day of x\pril, and is not in the custody of 
any person residing in such town, the same shall be taxed to 
the owner thereof; and said town shall have a lien thereon for 
the payment of the taxes. 

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

[Approved February 9, 1905.] 



1905] 



Chapter 16. 



409 



CHAPTER i6. 

AN ACT IN AMENDMENT OF SECTIONS 20 AND 21 OK CIIAl'TEK 233 01- 
THE PUBLIC STATUTES RELATING TO LEW OK EXECUTIONS. 



Section 
1. Notice to resident debtor of execu- 
tion sale of real estate, how given. 



Section 
2. Notice how given, if debtor not resi- 
dent in state or countj'. 



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

Section i. Section 20 of chapter 233 of the Public Stat- Notice to res- 
utes is hereby amended by striking out the words " county or ofTxecution 
within twenty miles of the property " and inserting in place Ittate!'^^^' 
thereof the words, state, except as provided in the following 
section ; so that said section shall read, — Sect. 20. Notice of 
the time and place of sale shall be given to the debtor, or left 
at his abode if he resides in the state, except as provided in 
the following section, and a like notice shall be posted at two 
of the most public places in the town in which the property is 
situate, thirty days before the sale. 

Sect. 2. Section 21 of chapter 233 of the Public Statutes Notice how 
is hereby amended by striking out the words " county or within debtor not 
twenty miles of the property," inserting in place thereof the state o^r*^" 
word state, and adding at the end of said section the follow- county, 
ing words, — If the debtor resides within the state but not in 
the county or within twenty miles of the property, the notice 
may be given in hand to the debtor or left at his abode or may 
be published ; so that said section shall read, — Sect. 21. If 
the debtor does not reside in the state, a like notice shall also 
be published. If the debtor resides within the state but not in 
the county or within twenty miles of the property, the notice 
may be given in hand to the debtor or left at his abode or may 
be published. 

[Approved Februar}^ 9, 1905.] 



410 



Chapters 17, 18. 



[1905 



CHAPTER 17, 



AN ACT TO PREVENT THE SPREAD OF CONSUMPTION. 



Deaths and 
removals to 
he reported. 



Infected 
premises to 
be cleansed. 



Apartments 
not to be oc- 
cupied until 
cleansed. 

Penalty for 
violation. 



Repealing 
clause. 



Section Section 

1. Deaths and removals of consump- 4. Penalty for violation. 

tives to be reported. 5. Repealing clause. 

2. Infected premises to be cleansed. 

3. Apartments not to be occupied until 

cleansed. 

Be it enacted by the Senate and House of Re^7'esentatives in 
Genc7'al Coui't convened: 

Section i. It shall be the duty of the attending physician 
or some member of the patient's family or household to report 
every death from pulmonary consumption, or the removal of a 
consumptive patient, to the local board of health within one 
week of said death or removal. 

Sect. 2. It shall be the duty of said local board of health, 
within one week after such notice or such information from 
any other source, to cause the infected premises to be thor- 
oughly disinfected and cleansed ; said work to be carried out 
by methods endorsed and recommended by the state board of 
health. 

Sect. 3. No apartments which have been occupied by a 
consumptive shall be re-occupied until thoroughly disinfected 
and cleansed as provided for in this act. 

Sect. 4. Any person violating the provisions of this act 
shall be punished by a fine of fifty dollars for each offense. 

Sect. 5. All acts and parts of acts inconsistent with the 
provisions of this act are hereby repealed. 

[Approved February 14, 1905.] 



CHAPTER 18. 

AN ACT TO ENABLE TOWNS AND CITIES TO APPROPRIATE MONEY FOR THE 
EXTERMINATION OF THE BROWN-TAIL MOTH AND OTHER INSECT PESTS. 



Authority 
granted; act 
takes effect 
on passage. 



Section 1. Authority granted; act takes effect on passage. 

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

Section i. That the several towns and cities of the state 
are hereby authorized to appropriate and expend money to 
limit and if possible exterminate the ravages of the brown-tail 
moth and other insect pests. This act shall take effect upon its 
passage. 

[Approved February 15, 1905.] 



1905] 



Chapters 19, 20. 



411 



CHAPTER 19. 

AN ACT TO AMEND SECTION 4 OF CHAPTER 96 OF THE LAWS OK 1901 
ENTITLED "AN ACT RELATING TO HIGH SCHOOLS," AS AMENDED BY SEC- 
TION 1 OF CHAPTER 31 OK THE LAWS OK 1903. 



Section 
1. "High school" or "academj'" de- 
fined. 



Section 
2. Takes effect on passage. 



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

Section i. Section 4 of chapter 96 of the session Laws "High 
of 1901 as amended by section i of chapter 31 of the session f^^cademy " 
Laws of 1903 is hereby amended by striking out the words defined, 
"one four years' course " after the words "at least" in said 
section 4, and inserting in place thereof the words one course 
of not less than four years so that said section shall read as 
follows: Sect. 4. By the term "high school" or "acade- 
my" as used in this act, is understood a school having at least 
one course of not less than four years, properly equipped and 
teaching such subjects as are required for admission to college, 
technical school, and normal school, including reasonable 
instruction in the constitution of the United States and in the 
constitution of New Hampshire, such high school or academy 
to be approved by the state, superintendent of public instruction 
as complying with the requirements of this section. And said 
superintendent is authorized to approve a school maintaining 
any part of such course for the part so maintained. 

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

[Approved February 15, 1905.] 



Takes effect 
on passage. 



CHAPTER 20. 



AN ACT RELATING TO THE DISCONTINUANCE OF HIGH SCHOOLS. 



Section 
1. High schools, how discontinued or 
relocated. 



Section 
2. Takes effect on passage. 



Be it enacted by the Senate and House o/" Representatives in 
General Court convened : 

Section i. No high school established by a vote of a nowdiscon- 
town shall be discontinued, or the location thereof be changed, relocated, 
except by the superior court, on petition of the school board of 
the town district in which it is located, after such notice as 



412 



Chapter 21. 



[1905 



Takes effect 
on passage. 



the court may order, if it shall appear that the educational 
interests of the town district require such discontinuance or 



change. 



Sect. 2. This act shall take effect upon its passage. 
[Approved February 15, 1905.] 



CHAPTER 21, 



AN ACT TO PERFECT THE RECORDS OF BIRTHS, MARRIACiES, AND DEATHS. 



Town clerks 
to be notified 
if records 
imperfect. 



Town clerks 
to transmit 
missing sta- 
tistics. 



Records to 
be filed and 
indexed. 



Repealing 
clause; act 
takes effect 
on passage. 



Section 

1. Town clerks to be notified if records 

imperfect. 

2. Town clerks to transmit missing sta- 

tistics; fees. 



Section 

3. Records to be filed and indexed. 

4. Repealing clause; act takes effect on 

passage. 



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

Section i. As soon as practicable after the passage of 
this act the registrar of vital statistics shall ascertain from what 
towns and for what years returns of births, marriages, and 
deaths were not made to the state, or are not to be found 
among the archives of the department of vital statistics, and 
shall convey this information to the clerks of such towns, 
together with suitable blanks upon which to make returns. 

Sect. 2. It shall be the duty of the town clerk to transcribe 
in full upon said blanks all records of births, marriages, and 
deaths in the possession of the town not already returned, and 
to transmit the same, properly certified, to the department of 
vital statistics within such reasonable time as may be allowed 
by the registrar of vital statistics, and for such service the town 
clerk shall receive from the town the sum of five cents for each 
record so transcribed, certified and transmitted. 

Sect. 3. All records returned to the department of vital 
statistics shall be so filed and indexed as to be made readily 
available for reference, and, when required for any legal pur- 
pose, the registrar of vital statistics shall furnish a certified 
copy, under seal of the department, free of expense. 

Sect. 4. All acts and parts of acts not consistent with this 
act are hereby repealed, and this act shall take effect upon its 
passage. 

[Approved February 15, 1905.] 



1905] 



Chapters 22, 23. 



413 



CHAPTER 22. 

AN ACT TO PERMIT GUARDIANS TO RESIGN. 



Section 
1. Guardian may resign. 



Section 
2. Takes effect on passage. 



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

Section i. Any guardian may upon his request be allowed Guardian may 
to resign his trust, whenever it appears to the judge of probate 
to be proper to allow him to do so. 

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

[Approved February 16, 1905.] 



resign. 



Takes effect 
on passage. 



CHAPTER 23. 

AN ACT IN AMENDMENT OF SECTION 1, CHAPTER 102, LAWS [of] 1901, IN 
RELATION TO THE NEW HAMPSHIRE SCHOOL FOR [tHE] FEEBLE-MINDED 
CHILDREN. 



Section 
1. Female inmates may be cared for 
after minority. 



Section 
2. Repealing clause; act takes effect on 
passage. 



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

Section i. Amend section i, chapter 102, Laws [ot] 1901, Female in- 
by inserting after the word "institution" in the last line the ^l-M'forafter 
following : Provision shall also be made for the detention, care °^'°o"^-^- 
and custody of feeble-minded girls, who are inmates of the 
school, after they reach the age of twenty-one, if in the judgment 
of the board of trustees their segregation seems to be for the 
best interests of the community, so tliat the section as amended 
shall read: Section i. The state shall establish and main- 
tain a school for the care and education of the idiotic and teeble 
minded, between three and twenty-one years of age, which 
shall be known as the New Hampshire School for the Feeble- 
minded Children. All children supported by towns or coun- 
ties in the state, who in the judgment of the selectmen of towns 
or county commissioners of the county or state board of chari- 
ties are capable of being benefited by school instruction, shall 
be committed to this institution. Provision shall also be made 
for the detention, care and custody of feeble-minded girls, w^ho 
are inmates of the school, after the\' reach the age of twenty- 



414 



Chapters 24, 25. 



[1905 



Repealing 
clause; act 
takes effect 
on passage. 



one, if in the judgment of the board of trustees their segrega- 
tion seems to be for the best interests of the community. 

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

[Approved February i6, 1905. J 



CHAPTER 24. 

AN ACT DISPOSING OP" CERTAIN FINES IMPOSED FOR VIOLATIONS OF THE 
PROVISIONS OF CHAPTER 267 OF THE PUBLIC STATUTES, RELATING TO 
CRUELTY TO ANIMALS. 



Section 
1. Fines for use of society instituting 
prosecution. 



Section 
2. Takes effect on passage. 



Fines for use 
of society 
instituting 
prosecution. 



Takes effect 
on passage. 



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

Section i. All fines imposed by virtue of the provisions of 
this chapter shall be for the use of such society, incorporated 
for the purpose of preventing cruelty to animals, as shall have 
caused a prosecution to be instituted and paid all costs of such 
prosecution. 

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

[Approved February 16, 1905.] 



CHAPTER 25. 

AN ACT TO PROVIDE FOR THE TAXATION OF BOATS AND LAUNCHES. 



Section 
1. Boats and launches, where taxed. 



Section 
2. Takes effect on passage. 



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

hiun*ches*^ SECTION I. All boats and launches of every description, 

where taxed, whatever the motive power may be, the aggregate value of 
which exceeds one hundred dollars, shall be taxed to the 
owner thereof in the town where the owner resides, if in the 
state, otherwise where the property is located on the first day 
of April. 

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



Takes effect 
on passage. 



[Approved February 16, 1905.] 



1905] 



Chapter 26. 



415 



CHAPTER 26. 

AN ACT IN AMENDMENT OF SECTIONS 3 AND 4 OF CHAPTER 162 OF THE 
PUBLIC STATUTES RELATING TO THE HOARD OF BANK COMMISSIONERS. 



Section 

1. One bank commissioner to be ap- 

pointed ctiairman of board. 

2. Bank commissioners may employ ad- 

ditional experts. 



Section 
3. Takes effect on passage. 



Be it e^iacted by the Senate aud House of Representatives in 
General Court convened: 

Section i. Section 3 of said chapter 162 of the Public onecommis- 
Statutes is hereby amended by inserting after the word appc^nted''^ 
"removed "in the seventh line of said section the following : ^^^''■™^°- 
The chairman of the board shall be appointed and commis- 
sioned as such, and the governor, with advice of the council, 
shall designate one member of the present board who shall be 
chairman of the board until the expiration of his term ; so that 
said section as amended shall read as follows: Sect. 3. The 
members of the board shall be appointed by the governor, with 
advice of the council; and any member may be removed by 
the same authority, whenever the public good requires it. One 
member shall be appointed each year to succeed a member 
whose term of office expires on the first day of December of 
that year, and shall hold office for three years from that date, 
unless sooner removed. The chairman of the board shall be 
appointed and commissioned as such, and the governor, with 
advice of the council, shall designate one member of the pres- 
ent board who shall be chairman of the board until the expira- 
tion of his term. Whenever a vacancy occurs, an appoint- 
ment shall be made for the unexpired part of the term. The 
terms of the present members are extended to the first day of 
December next following the expirations thereof, as heretofore 
limited. 

Sect. 2. Section 4 of said chapter 162 of the Public Stat- Board may 
utes is hereby amended by inserting after the word " law'' in ditionai'*^" 
the fifth line of said section the following : The board may 
employ additional expert assistance whenever they deem it 
necessary, and the expenses incurred by the employment of 
such additional assistance shall be paid from the treasury of the 
state ; so that said section as amended shall read as follows : 
Sect. 4. The annual salary of the members of the board 
shall be two thousand five hundred dollars each, payable quar- 
terly from the treasury of the state. They shall be allowed in 
addition their actual traveling expenses incurred while making 
the examinations required by law. The board may employ 
additional expert assistance whenever they deem it necessary, 



experts. 



416 



Chapters 27, 28. 



[1905 



Takes effect 
on passage. 



and the expenses incurred by the emplo3^ment of such addi- 
tional assistance shall be paid from the treasury of the state. 
Their bills for such expenses shall be audited by the governor 
and council. 

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

[Approved February 21, 1905.] 



CHAPTER 27. 

AN ACT RELATIVE TO THE SALARY OF THE REGISTER OF PROBATE OF 

SULLIVAN COUNTY. 



Annual salary 
$600. 

Repealing 
clause; act 
takes effect 
on passage. 



Section 
1. Annual salarj- to be $600. 



Section 
2. Repealing clause; act takes effect on 
passage. 



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

Section i. That the salary of the register of probate of the 
county of Sullivan shall hereafter be six hundred dollars. 

Sect. 2. All acts or parts of acts inconsistent herewith 
are hereby repealed and this act shall take effect upon its 
passage. 

[Approved February 22, 1905.] 



CHAPTER 28. 

AX ACT IX RELATIOX TO POLICE COMMISSIONERS APPOINTED BY THE 
GOVERNOR AND COUNCIL. 



May hold 
other otHces. 



Takes effect 
on passage ; 
repealing 
clause. 



Section 
1. Not disqualified to hold other offices. 



Section 
2. Takes effect on passage; repealing 
clause. 



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

Section i. No police commissioner appointed by the gov- 
ernor and council shall thereby be disqualified from holding 
any other state or county office. 

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

[Approved February 22, 1905.] 



1900] 



CHArxERS 29, 30. 



417 



CHAPTER 29. 



AN ACT IN ADDITION TO CHAl'TKU 1G9 OF THE PUBLIC STATUTES RKUAT- 
ING TO AGENTS OF FOREIGN INSURANCE COMPANIES. 



Section 

1. Licenses for insurance brokers pro- 

vided for. 

2. Insurance company chargeable with 

broiler's knowledge. 



Section 
3. No license fee required for office 
clerk or bookkeeper of agent. 



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

Section i. The insurance commissioner may license suit- Li^t-n.ses for 

1 ^ • • 1 insurance 

able persons as insurance brokers to place fire insurance risks brokers, 
with the agents of licensed foreign insurance companies on the 
payment of a fee often dollars, said license to expire on the 
first day of April next after its issue. Any agent of such for- 
eign insurance companies whose license fees as such agent 
amount to ten dollars may transact the business of broker with- 
out additional payment; any such agent whose license fees so 
paid are less than ten dollars may be so licensed on the pay- 
ment of such sum as with the fees already paid will amount to 
ten dollars. 

Sect. 2. Companies issuing policies through their agents company 
on applications from brokers shall be charged with the broker's wit*h broker's 
knowledge of facts to the same extent as if he were their agent, ^^^owiedge. 

Sect. 'X. No license fee shall be required for salaried office No license fee 

1 , 111 r , r r • • fo^ clerk or 

clerks or bookkeepers 01 agents 01 loreign insurance com- bookkeeperof 
panics. 

[Approved February 22, 1905.] 



agent. 



CHAPTER 30. 

AN ACT IN AMENDMENT OF SECTIONS 1 AND 4 OF CHAPTER 166 OF THE 
PUBLIC STATUTES RELATING TO BUILDING AND LOAN ASSOCIATIONS. 



•Section Section 

1. Association to receive approval of 3. Repealing clause; act takes effect on 

bank commissioners. passage. 

2. Articles of agreement to be approved 

by bank commissioners. 

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

[Section i.] Section i of said chapter i66 of the Public Association 
Statutes is hereby amended by inserting after the word '' and" approvai^of 
in the second line of said section the following : upon approval sk>ners°"^™^^" 



418 



Chapter 31. 



[1905 



Articles of 
agreement to 
be approved 
by bank com- 
missioners. 



Repealing 
clause; act 
takes effect 
on passage. 



of the bank commissioners may, so that said section as amend- 
ed shall read as follows : Section i. Twenty-five or more 
persons of lawful age may associate together by articles of 
agreement, and, upon approval of the bank commissioners, 
may form a corporation for the purpose of accumulating the 
savings of its members, and of loaning the funds so accumu- 
lated to them to enable them to purchase homesteads and im- 
prove their condition. 

Sect. 2. Section 4 of said chapter 166 of the Public Stat- 
utes is hereby amended by prefixing to the first line of said 
section the words after first being approved by the bank com- 
missioners, so that said section as amended shall read as fol- 
lows : Sect. 4. After first being approved by the bank com- 
missioners the articles of agreement shall be recorded in the 
office of the clerk of the town in which the business of the cor- 
poration is to be carried on, and in that of the secretary of state. 
When so recorded, the signers thereof and their associates and 
successors shall become and be a corporation having all the 
rights and powers, and being subject to all the duties, liabil- 
ities, and restrictions of similar corporations, except so far as 
the same are limited or enlarged by this chapter. 

Sect. 3. All acts or parts of acts inconsistent with the 
provisions of this act are hereby repealed, and this act shall 
take effect upon its passage. 

[Approved February 23, 1905.] 



CHAPTER 31. 

AN ACT TO AMEND SECTION 1, OF CHAPTER 36, OF THE LAWS OF 1901, 
RELATING TO LITTLE DIAMOND POND AND OTHER PONDS. 



Section 
1. Trout protected in certain ponds. 



Section 
2. Takes effect on passage. 



Trout pro- 
tected in cer- 
tain pond.s. 



Be it enacted by the Senate and House of Representatives in 
Genet'al Court co7ivened: 

Section i. That section i, of chapter 36 of the Laws of 
1901 be amended by inserting the words and Big Diamond 
pond after the words " Little Diamond pond," and by inserting 
after word " Stewartstown " the words and Nathan pond in 
Dixville so that said section when amended shall read as 
follows: Section i. It shall not be lawful for any person to 
take from the waters of Little Diamond pond and Big Diamond 
pond in Stewartstown, and Nathan pond in Dixville and 
Greenough ponds in Wentworth's Location, and Dublin pond 



1905] 



Chapter 32. 



419 



in the town of Dublin, any square-tail trout before the twentieth 
day of May in any year, under a penalty of twenty dollars for 
each fish so taken, or had in possession. 

Sect. 2. This act shall take effect upon its passage. I^^tloi^^o' 

[Approved February 23, 1905.] 



CHAPTER 32. 

AN ACT IN AMENDMENT OF SECTION 18 OP CHAPTER 165 OF THE PUBLIC 
STATUTES, RELATING TO SAVINGS BANKS. 



Section 
1. Treasurers of trust companies with 
savings bank department to fur- 
nish bonds. 



Section 
2. Repealing clause; act takes effect on 
passage. 



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

Section i. Section i8 of said chapter 165 of the Public Treasurers of 
Statutes is hereby amended by adding to said section the follow- panics with 
ing : and the treasurer of every such company or corporation dep'arlment'^ 
shall give a bond to the savings department of said company or to give bonds, 
corporation in like manner as is required of treasurers of sav- 
ings banks ; so that said section as amended shall read as fol- 
lows : Sect. 18. Trust companies, loan and trust companies, 
loan and banking companies, and other similar corporations, 
receiving savings deposits or transacting the business of a sav- 
ings bank, shall conduct the business as a separate department, 
and that department shall be amenable to the laws governing 
savings banks ; and the treasurer of every such company or 
corporation shall give a bond to the savings department of 
said company or corporation in like manner as is required of 
treasurers of savings banks. 

Sect. [2.] All acts or parts of acts inconsistent with the Repealing 
provisions of this act are hereby repealed, and this act shall takes^effect 
take effect upon its passage. on passage. 

[Approved February 23, 1905.] 



420 



Chapters 33, 34. 



[1905 



CHAPTER S3. 



AN ACT FOR THE BETTER PROTECTION OF OWNERS OF STALLIONS. 



Section 
]. Colts subject to lien for stallion ser- 
vice. 



Section 
2. Lien not enforceable unless stallion 
registered with board of agri- 
culture. 



Colts subject 
to lien for 
stallion ser- 
vice. 



Lien not en- 
forceable un- 
less stallion 
registered 
with board of 
agriculture. 



^e it enacted by the Senate and Hozise of Representatives in 
General Court convened : 

Section i. Colts foaled in this state shall be subject to a 
lien to secure the payment of the service fee for the stallion, 
which shall continue in force until the colt is eight (8) months 
old, and may be enforced by an attachment of such colt at any 
time after it is four months old ; said lien shall take precedence 
of any other claim. 

Sect. 2. Such lien shall not be enforced unless the owner 
or manager of such stallion shall have complied with the 
requirements of chapter 12, of the Public Statutes. 

[Approved February 23, 1905.] 



CHAPTER 34. 



AN ACT FOR THE PROTECTION OF LOONS. 



Section 

1. Loons protected. 

2. Penalty for violation. 



Loons pro- 
tected. 



Penalty. 



Eggs and 
young pro- 
tected; pen- 
alt}-. 



Repealing 
clause; act 
takes effect 
on passage. 



Section 

3. Eggs and young protected; penalty. 

4. Repealing clause; act takes effect on 

passage. 



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

Section i. No person shall hunt, take, kill or destroy a 
loon inhabiting any of the fresh waters of this state. 

Sect. 2. An}' person violating the provisions of this act 
shall be prosecuted [punished] b}' a fine not exceeding ten 
dollars or by imprisonment not exceeding six months. 

Sect. 3. If any person shall designedly take from the nest 
and destroy the eggs or young of loons, he shall be subject to 
the same penalties as are prescribed in section 6 of chapter 
132 of the Public Statutes. 

Sect. 4. All acts and parts of acts inconsistent with the 
provisions of this act are hereby repealed and this act shall 
take effect upon its passage. 

[Approved February 23, 1905.] 



1905] 



Chapter 35. 



421 



CHAPTER 35, 



AN ACT TO I'ROVIDE I'OK STATK AID AND FOR THE EXPENDITURES OF 
OTHER rUBLIC JIONEYS IN THE PERMANENT IMTROVEJIENT OF MAIN 
HIGHWAYS THROUCJHOUT THE STATE. 



Section 

9. Governor and council may take land 
arid material by exercise of emi- 
nent domain. 

10. Annual appropriation of $125,000 for 

six years, for permanent improve- 
ment; unexpended balance avail- 
able for .state highways. 

11. State highways, how constructed 

and maintained; certain roads des- 
ignated as state highways; plans 
of state highways. 

12. Hurricane Mountain road a state 

highway. 

13. "Valuation" to mean assessed val- 

uation of previous j-ear; governor 
authorized to draw warrant; re- 
pealing clause; act takes effect on 
passage. 



Section 

1. Object of act declared. 

2. Supervision and control of business, 

in whom vested; governor and 
council may employ state engineer, 
etc., and fix compensation, and 
shall make biennial report to legis- 
lature. 

3. Towns and counties to set apart cer- 

tain amounts for permanent im- 
provement. 

4. Increased appropriation by town if 

additional state aid desired. 

5. Apportionment of additional state 

aid. 

6. Joint fund for permanent improve- 

ment, how expended. 

7. Governor and council to furnish 

specifications; contracts to be 
awarded to lowest bidder. 

8. Highways improved from joint fund 

to be thereafter maintained by 
towns. 

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

Section i. . The object of this act is to secure a more uni- 
form system for the improvement of main highways throughout 
the state, by the cooperation of the municipalities and the state 
in providing means therefor, and for the more efficient and 
economical expenditure of the moneys appropriated for high- 
way construction and repair, the primary object being to secure 
an improvement of the highways within the limits of every 
town in the state. 

Sect. 2. The general supervision, control, and direction of 
the business to which this act relates, so far as the state is con- 
cerned, shall be and hereby are committed to the governor and 
council, who are hereby authorized and empowered to appoint, 
employ and fix the compensation of a state engineer, agents, 
and servants, provide and furnish such offices in the city of 
Concord and such equipment as they may consider necessary, 
and make such regulations as may be necessary to carry into 
effect the objects and provisions of this act; and the general 
supervision, control, and direction of said business, so far as 
the different municipalities are concerned, shall be and hereby 
are committed to the selectmen of organized towns, and the 
mayor and city councils or such other board as has jurisdiction 
over the highway expenditures of cities ; and the commission- 



object of act 
declared. 



Supervision 
and control, 
in whom vest- 
ed; governor 
and council 
may employ 
engineer, etc., 
and shall 
make bien- 
nial report. 



422 Chapter 35. [1905 

ers of the counties, within which unincorporated towns or 
places are located, shall have and are hereby given the con- 
trol and supervision of the business to which this act relates, 
so far as it concerns such unincorporated towns or places. 
The governor and council shall make a biennial report to the 
general court of their doings under this act, embodying in 
such report a statement of their expenditures, and such other 
information and recommendations as they may consider expe- 
dient. 
Towns^and Sect. 3. Each town shall, of the amount of money annually 

set apart cer- raised and appropriated for the repair of its hisfhwavs, set 

f-QiTj 3,TTlOllIltS 1 i 1. X <3 V ' 

forpermanent apart the following amouuts, to be used for the permanent 
improvement, improvement of its main highways, such improvement to be 
made under the advice of the state engineer. Towns having 
a valuation of less than $2,000,000, $1 on each $1,000 of their 
valuation; towns of $2,000,000 and less than $3,000,000 val- 
uation, $0.75 on each $1,000; towns of $3,000,000 and less 
than $5,000,000, $0.50 on each $1,000; towns of $5,000,000 
and less than $15,000,000, $0.33 1-3 on each $1,000; and 
towns of $15,000,000 and upwards, $0.25 on each $1,000. 
And the commissioners of each county within which are located 
unincorporated towns or places shall set apart of the money 
raised and appropriated for the repair of highways in such 
unincorporated towns or places, $1 on each $1,000 of the val- 
uation of each unincorporated town or place in which there are 
highways. 
Increased Sect. A.. If any citv or town, or the county commissioners 

appropriation - ^ , -i i i • , • ^ 

by town if ad- for any unmcorporated town or place desire state aid, as con- 
aid' desired. ^ templated by this act, for the permanent im.provement of the 
highways within such towns or unincorporated town or place, 
in addition to the improvements provided for by the amount 
set apart, as required by section 3 of this act, such city or 
town, and the commissioners of the county for such unincor- 
porated town or place, shall raise, appropriate, and set apart 
an additional sum equal to fifty per cent, of the amount required 
to be set apart for permanent improvements under section 3 of 
this act, and all money set apart by any city or town under 
this section, meaning the additional sum equal to fifty per cent, 
of the amount required to be set apart under section 3 of this 
act, shall be raised, appropriated, and set apart in addition to 
the amount now required by law to be raised for the mainte- 
nance of highways. Application for such state aid, in any 
year, and notice of the raising, appropriation, and setting apart 
of such additional sum by any city or town, or by the commis- 
sioners of any county entitled to state aid, shall, on or before 
May ist of such year, be made and given to the governor and 
council in the manner provided by the regulations authorized 
by section 2 of this act; otherwise they shall not be entitled to 
such aid for such year. 



1905] Chapter 35. 423 

Sect. 5. The governor and council shall apportion from ^ent'of^addi- 
the amount appropriated under the provisions of this act, to tionai state 
each city, town, and unincorporated town or place which has 
applied for state aid and has raised, appropriated, and set 
apart the additional amount provided for in section 4, entitling 
it to state aid, for the permanent improvement of its highways, 
for each dollar so set apart by such city or town, or for such 
unincorporated town or place under sections 3 and 4, the fol- 
lowing amounts : Towns and unincorporated towns and places 
having a valuation of less than $100,000, $3 for each $1 set 
apart under sections 3 and 4 ; towns and unincorporated towns 
and places having a valuation of $100,000 and less than $250,- 
000, $1.25 ; towns and unincorporated towns and places hav- 
ing a valuation of $250,000 and less than $500,000, $0.60 ; 
towns having a valuation of $500,000 and less than $1,000,000, 
$0.40; cities and towns having a valuation of $1,000,000 and 
less than $3,000,000, $0.25 ; and cities and towns having a 
valuation of $3,000,000 and upwards, $0.20. 

Sect. 6. The amount of money set apart by such city or joint fund for 
town as applies for state aid, as provided for in sections 3 and 4, fmp™ovement, 
with the amount apportioned by the governor and council, as pg^^ed 
provided for in section 5, shall constitute a joint fund for the 
permanent improvement of such highway or highways within 
such city or town as the governor and council, and mayor and 
city councils or such other board as has jurisdiction over high- 
way expenditures of a city, or selectmen of a town, may desig- 
nate for the permanent improvement of such highways; -pro- 
vided^ however^ that no part of said joint fund shall be ex- 
pended on any highway within the compact portion of any 
city or village, such compact portion to be determined by the 
governor and council, except in towns of less than 2,500 popu- 
lation ; and the money set apart under said sections 3 and 4 
for the improvement of highways within unincorporated towns 
and places, with the amount apportioned by the governor and 
council as provided for in section 5, shall be expended upon 
such highways within each of such unincorporated towns and 
places as may be designated by the governor and council and 
the commissioners of the county in which such unincorporated 
town or place is located. Such cities and towns as do not 
apply for state aid under section 4 of this act may expend the 
money set apart under section 3 for permanent improvements 
upon such highways as the selectmen may designate. Upon 
the application of any town, the governor and council may fur- 
nish to such town free of charge the services of any engineer in 
the employ of the state under this act for the purpose of con- 
sultation and advice concerning the construction, improvement, 
and repair of the highways in such town. And such unincor- 
porated towns or places as do not, through the county commis- 
sioners, appl}' for state aid, under section 4 of this act, may 



424 Chapter 35. [1905 

expend the money set apart under section 3 upon permanent 
improvements upon such highways as the commissioners may 
designate ; and upon the application of any unincorporated 
place, through the county commissioners, the governor and 
council may furnish to such unincorporated place free of 
charge the services of any engineer in the employ of the state 
under this act for the purpose of consultation and advice con- 
cerning the construction, improvement, and repair of the high- 
ways in such town. Any part of said joint fund not expended 
during the year for which it is set apart and apportioned, may 
be expended during any succeeding year. If, in the opinion of 
the governor and council, said joint fund, or any part thereof, 
for any year cannot be advantageously expended, the same 
may be expended any succeeding year. 
Governor and Sect. 7. All work of highway improvement paid for out of 
ni*sifspecifica' said joint funds shall be performed in accordance with specifi- 
tractsto'be catious provided by the governor and council; and contracts 
awardedto thcrcfor, where the amount involved in any one instance 

lowest t)lQCl6r 

exceeds $ioo, shall be awarded and executed by the governor 
and council or such agent as they shall authorize, and the 
mayor and city council or such other board as iias jurisdiction 
over highway expenditures in cities, selectmen of towns, and 
county commissioners of unincorporated places. All contracts 
shall be awarded to the lowest responsible bidder, and all work 
and material shall be to the satisfaction of the governor and 
council. Any town by its selectmen or city by such board as 
has jurisdiction over highway expenditures may bid for and 
may execute a contract on behalf of such city or town for such 
work within its limits, and in that case the governor and coun- 
cil or such agent as they may authorize, alone, shall award 
the contract. 
Highways im- Sect. 8. All highways withiu any city or town improved 
loint^fund^to by the expenditure of said joint fund shall thereafter be main- 
by™wSl^'°®*^ tained by the city, town or place within which it is located at 
the expense of the town, and to the satisfaction of the governor 
and council, and in case any town or place shall neglect to 
make repairs ordered by the governor and council, such repairs 
' shall be made under the direction of the governor and council, 

at the expense of the state, and the cost thereof shall be added 
to the state tax for that town or place for the next year. 
Governor and //Sect. Q. The governor and council may purchase, take, 

council may '1,1 -7 r i 1 • 1 1 1 i 

take land and and hold lor the State, such material or land as may be neces- 

materlal by ^ , , ,-, , • i r ^ 1 

exercise of sary to secure gravel, stone or other material necessary lor the 
domain! improvement of highways under the provisions of this act, the 

same to be paid for out of any money appropriated under this 
act, and the governor and council shall charge such part of 
the cost thereof to such city, town or unincorporated place in 
which the material so taken is used, as in their opinion is just 
and equitable, such part so charged to be paid for out of the 



1905] Chapter 35. 425 

joint fund provided for the improvement of highways in said 
city, town or unincorporated place. If the governor and coun- 
cil are unable to purchase such material or land at what they 
consider a reasonable compensation, the selectmen of a town, 
the board of mayor and aldermen of a city or the county com- 
missioners of an unincorporated place in which such material 
or land is located, shall assess the damages sustained by the 
owner of such land, in the same manner as damages for land 
taken for highway purposes are assessed, and the parties shall 
have like remedies as in the appraisal of damages for land 
taken for highway purposes in towns under existing law. The 
return of such assessment of damages shall be filed with the 
town or city clerk in the case of towns and cities, and with the 
clerk of the court for the county in which an unincorporated 
place is located, and notice thereof in writing given to the land 
owner with a tender of the amount of damages, if known and 
resident in the state, otherwise the amount of damages awarded 
shall be deposited with the state treasurer for such land 
owner. 
i^ Sect. io. The sum of one hundred and twenty-five thou- Annuaiappro- 
sand dollars annually for a period of six years is hereby appro- $i25,ooTfor six 
priated for the purpose of securing the permanent improvement mlmenum*-^''" 
of highways in accordance with the provisions of this act, and provement; 

° •' - ^ .. 111 unexpended 

any unexpended balance of any annual appropriation shall be balance avail- 
applied to and be made additional to the appropriation for the highways, 
succeeding year. After the state aid shall have been set aside 
under section 5 of this act, and after the expenses of the admin- 
istration of this act shall have been provided for, the remainder 
of the total sum appropriated by this act, or such part thereof 
as the governor and council may think necessary, shall be 
available for the purposes of section 11 of this act, in such 
sums and for such state highways as the governor and council 
shall deem best. 

Sect. ii. All state highwa3's shall be constructed and state high- 
maintained by the state under the direction of the governor ^oifs^ructed 
and council or some agent or agents appointed by them, and tained^^°' 
the expense thereof shall be paid out of the money appropri- 
ated by the state under this act ; and the governor and council 
are hereby authorized to make such changes in the routes of 
existing state highways as they shall think expedient. Any tak- 
ing of lands necessary for the purposes of this section shall be 
by the same proceedings as are provided for the laying out of 
highways to public waters. As much of the Pinkham Notch certain roads 
road, so called, as lies in Pinkham's grant. Green's grant and sta1;^hfgh- ^* 
Martin's Location ; all highways in the unorganized town of ^^^^" 
Dixville, including a proposed new highway to be built from a 
point in the main highway near the Balsams and extending to 
the town line of Colebrook to meet the extension of the John 
Hicks road, so called, in said Colebrook, in accordance with a 
3 



426 Chapter 35. [1905 

survey as shown on a plan to be deposited with the secretary 
of state ; so much of the highway leading from Colebrook to 
Errol as lies in the unorganized town of Millsfield ; so much 
of the Androscoggin River road, so called, leading from Dum- 
mer to Errol as lies in the unorganized town of Cambridge ; 
the highway in the towns of Randolph and Gorham which 
extends from the main highway leading from Jefferson to Gor- 
ham to the Pinkham Notch road, so called ; so much of the 
Cherry Mountain road, so called, as lies in the town of Carroll ; 
the new hill road, so called, situated in the town of Errol and 
leading to the old highway in Wentworth's Location ; the high- 
way in the town of Pittsburg which begins at the Farnsworth 
place, so called, and extends to the Second Lake house ; the 
highway in the town of Stewartstown which begins at a point 
in the old highway leading to Little Diamond pond and extends 
to Big Diamond pond ; the new Tunnel Stream road, so called, 
in the town ot Benton, beginning at a point near the Parker 
house and extending to the North and South road, so called, in 
said town of Benton ; and the new Lost River road, so called, 
in the towns of Easton and Woodstock, beginning at the ter- 
mination of the old highway in Wildwood and extending to the 
highway leading from Warren to Woodstock shall be state 
highways and shall be constructed and maintained by the statey 
■provided that parties over whose unappropriated lands the 
same may pass, or who have any kind of proprietorship in said 
roads or highways or any part of them, shall, on terms satis- 
factory to the governor and council, assign the right of way 
for said highways to the state, or such rights of way shall be 
duly appropriated by the state under due procedure in the exer- 
cise of the right of eminent domain as provided in this section. 
Plans of state The governor and council shall cause surv'eys and plans of all 
ig ways. state highways to be made and deposited with the secretary of 
state. Towns in which highways more than three miles in 
length have been or shall be taken or appropriated as state 
highways shall not be entitled to state aid under the provisions 
of this act. 
Hurricane Sect. 12. The Hurricane Mountain road, so called, lead- 

road'a^stete i^ig from Conway to Chatham shall be treated and regarded as 
highway. ^ state road for the purpose of maintenance. 
Meaning of //Sect. 13. The word "valuation" as used in this act shall be 
tion*^';' repeal- coustrucd to mean the assessed valuation of the previous year, 
a^f takes^' The governor is hereby authorized to draw his warrant for the 
effect on pas- payment of any sum or sums of money provided for by this act 
out of any money in the treasury not otherwise appropriated, 
and all acts and parts of acts inconsistent with this act are 
hereby repealed, and this act shall take effect upon its pas- 
sage. 

[Approved February 24, 1905.] 



1905] 



Chapter 36. 



427 



CHAPTER 36. 



AN ACT ABOLISHING THE JUDICIAL DISTRICTS OF COOS COUNTY, AND 
ESTABLISHING TERMS OF COURT THEREIN. 



Section 

1. Acts creating districts repealed. 

2. Writs and processes under former 

laws saved. 

3. Terms of court for Coos County. 

4. Attendance of grand jurors. 



Section 

5. Continuances provided for. 

6. Jurors to be drawn from body of 

county. 

7. Takes effect on passage; repealing 

clause. 



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

Section i. So much of chapter 21 of the Public Statutes prior acts 
and so much of any other existing act or law as divided the '■®P^^^®<i- 
County of Coos into judicial districts is hereby repealed. 

Sect. 2. All writs, process, and other court proceedings wnts, etc., 
now pending in the superior court for either of the judicial dis- ^^'''^^■ 
tricts as heretofore existing shall be in order and treated as 
pending at the next term of the superior court for the County 
of Coos at the times and places therefor herein provided, the 
same as if originally made returnable there and then or previ- 
ously continued thereto, and after the passage of this act all 
writs and other process to be entered in said court in said 
county shall be made returnable at the next term for which due 
notice of service can be given or made. 

Sect. 3. The terms of said court for the County of Coos Terms of 
shall be held as follows, viz: — on the third Tuesday of April ^°"^ • 
at Lancaster ; on the first Tuesday of September at Colebrook ; 
on the first Tuesday of December at Berlin. At each term of 
said court all causes then pending and otherwise in order, shall 
be in order. 

Sect. 4. Grand juries shall be summoned for attendance Grand jurors, 
at each of said terms provided for in this act, unless the court 
or some justice thereof shall seasonably advise the clerk of 
court for said county that the summoning of a grand jury 
for the next term following the date of such advice, is not 
required. 

Sect. 5. Continuances shall be to the next term of the continuances, 
superior court, wherever held. 

Sect. 6. Jurors summoned for attendance at any of the jurors, how 
terms of said court shall be drawn from the body of the drawn, 
county. 

Sect. 7. This act shall take effect on its passage and all Takes effect 
acts and parts of acts inconsistent with its provisions are hereby repeaii^nf®' 
repealed. 

[Approved February 28, 1905.] 



clause. 



428 



Chapters 37, 38. 



[1905 



CHAPTER 37. 



AN ACT IN RELATION TO MAKING THE DISCHARGE OF MORTGAGES ON 
REAL ESTATE AND PERSONAL PROPERTY COMPULSORY. 



Discharge 
and record 
thereof. 



Penalty for 
violation. 



Takes effect 
on passage. 



Section 

1. Discharge to be given and recorded. 

2. Penalty for violation. 



Section 
3. Takes effect on passage. 



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

Section i. When a mortgage upon real estate or personal 
property is satisfied, the mortgagee shall give the mortgagor 
a discharge thereof, and the mortgagor within thirty days after 
said mortgage is satisfied, shall cause the discharge thereof to 
be recorded in the registry of deeds or town clerk's office 
where said mortgage is recorded. 

Sect. 2. Any mortgagor violating the provisions of the 
foregoing section or any mortgagee who after the satisfaction 
of his mortgage refuses to give a sufficient discharge thereof, 
shall be fined not exceeding ten dollars. 

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

[Approved February 28, 1905.] 



CHAPTER 38. 

AN ACT TO REQUIRE NON-RESIDENTS TO PROCURE A LICENSE TO HUNT. 



2. 



3. 



Section 
1. Non-resident not to hunt without 

license; penalty. 
Non-resident owner of realty valued 

at $500 exempt. 
Licenses, how issued and in what 

form. 
To be signed by licensee and carried 

on his person. 
Coupons to permit transportation of 

deer. 
Transportation of deer regulated. 



Section 

7. Penalty for violation by common 

carrier. 

8. Exportation of game birds regu- 

lated; penalty for violation. 

9. Arrest on failure to exhibit license. 
License fee; expenditure of funds. 
Act not applicable to Blue Mountain 

Forest Association. 
Repealing clause; act takes effect 
on passage. 



10. 
11. 



12. 



Non-resident 
hunter to pro- 
cure license; 
penalty. 



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

Section i. If any person, not a bona Jide resident of this 
state and actually domiciled therein for a period of six months, 
shall hunt, pursue or kill, between the first day of October and 
the fifteenth day of December in any year, within the limits of 
this state, any wild animals, wild fowl or bird without having 



1905] Chapter 38. 429 

first procured of the fish and game commissioners a license to 
so hunt, pursue or kill, as hereinafter provided, he shall be 
fined, for each ofiense, not exceeding fifty dollars, or be 
imprisoned not exceeding thirty days, together with the costs 
of prosecution, or both such fine and imprisonment; and the 
same penalties shall be imposed upon any such person who 
shall be convicted of so hunting, pursuing or killing such wild 
animal, wild fowl or bird on a license which has been issued 
in the name of another person. 

Sect. 2. For the purposes of this act any resident of Non-resident 
another state who owns real estate situated within this state aity exempt, 
which is assessed for taxation at a value of not less than 
five hundred dollars, shall have the right to hunt without a 
license. 

Sect. 3. The fish and game commissioners may, upon Licenses, how 
application therefor, issue a license to a non-resident which fo1-mof!°*^ 
shall entitle such person to the same privileges enjoyed by 
residents of this state as to the hunting and killing of all wild 
animals, wild fowl or birds. Such license shall be recorded 
in detail in books kept for that purpose, shall not be transfer- 
able nor available to any person other than the one named 
therein, shall be valid and in force only during the calendar 
j^ear in which it is issued and dated, and shall entitle the 
licensee to hunt and kill only during the respective periods of 
the year when it is lawful for residents to so hunt and kill. 
Such license shall contain the name, age, color of hair and 
eyes and residence of the applicant. 

Sect. 4. No license shall be valid unless the signature of to be signed 

,1 ,1 •. • • J ■ Vi i-i J and carried 

the person to whom it is issued is written thereon, and every by licensee, 
such person shall at all times when hunting carry his license 
on his person, and shall at all reasonable times and as often as 
requested produce and show such license to any person request- 
ing him so to do, and if he fails or refuses to do so he shall for- 
feit such license and be deemed to be hunting in violation of 
the provisions of this act. 

Sect. k. Each license shall be provided with two coupons, coupons for 

,.,,^,, , ., . - , r transporta- 

which shall each permit the transportation ot the carcass 01 tionofdeer. 
one deer, or parts thereof, and shall be divided into two sec- 
tions each, lettered A, i and A, 2 and B, i and B, 2 respec- 
tively, and shall be called deer coupons. 

Sect. 6. The purchaser of a non-resident hunting license Transporta- 
shall be entitled to ofl^er for transportation and have trans- reguiated^'^ 
ported, within or without this state, by any common carrier, 
the carcass, or parts of the carcass, of one deer for each of the 
coupons attached to said license by presenting to the common 
carrier or any agent thereof his license with the coupons 
attached when he shall offer the same for shipment. If only 
one deer is offered for shipment, the common carrier or agent 
receiving the carcass or parts thereof shall detach section A, i 



430 



Chapter 38. 



[1905 



Penalty for 
violation 
by common 
carrier. 



Exportation 
of game 
birds; pen- 
alty. 



Arrest for 
failure to ex- 
hibit license. 



License fee; 
fund how ex- 
pended. 



from the coupon, cancel the same by writing or stamping 
thereon the date and place of shipment, together with his own 
name, and forward the same forthwith to the fish and game 
commissioner who issued the license. Section A, 2 of said 
coupon shall also be cancelled in like manner and attached to 
the carcass of the deer or parts thereof which shall be offered 
for shipment and shall remain attached to the same during 
transportation within this state. If a second deer or parts 
thereof shall be offered for shipment, the common carrier or 
agent thereof receiving the same shall detach section B, i, 
cancel and forward the same to the commissioner as above 
provided, and cancel section B, 2, and attach the same to the 
carcass of the deer or parts thereof which shall be offered for 
shipment and it shall remain so attached during transportation 
within this state. 

Sect. 7. Any common carrier, or any agent, servant or 
employe of any common carrier, who shall receive for ship- 
ment, or transport, or have in his possession with intent to ship 
or transport, any carcass of a deer or part of the same, for 
a non-resident, except as herein provided, except heads for 
mounting, or who shall refuse or neglect to detach the sections 
of the coupons as herein provided, or who shall neglect to 
forward to the commissioner the sections of coupons by him 
detached, as herein provided, shall be punished by a fine of 
not more than one hundred dollars and costs of prosecution for 
each offense. 

Sect. 8. Each non-resident hunting license shall entitle the 
purchaser thereof to carry from the state not more than twelve 
wild fowl or birds of all kinds, the exportation of which are 
[is] prohibited by law in any one calendar year ; provided the 
owner thereof shall carry them open to view for inspection, 
shall present his license for inspection upon demand, and shall 
have informed, by letter or otherwise, the commissioner who 
issued the license as to the number and kinds of wild fowl or 
birds which he intends to carry from the state. If any person 
shall violate the provisions of this section, or any part thereof, 
he shall be fined not more than fifty dollars, or be imprisoned 
not more than thirty days, together with the costs of prosecu- 
tion or both such fine and imprisonment. 

Sect. 9. The fish and game commissioners and the detec- 
tives in their employ shall have the right, after demand and 
refusal or failure to exhibit such license, to arrest without war- 
rant any non-resident person or persons found hunting, pursu- 
ing or killing any wild animal, wild fowl or bird, and for the 
purpose of this arrest any person who shall refuse to state his 
name and place of residence on demand of such officer shall 
be deemed a non-resident. 

Sect. 10. The fee for the license provided for in the pre- 
ceding sections of this act shall be ten dollars, the money 



1905] 



Chapter 39. 



431 



received by the commissioners for the issuance thereof shall be 
turned over to the state treasurer, who shall credit the same to 
the detective fund, so called, to be expended as otherwise pro- 
vided for by law and under the same supervision as any other 
moneys belonging to the said fund. 

Sect. ii. Nothing in this act shall be construed to repeal Fcu-es^Ass'D 
or affect existing legislation relating to the Blue Mountain exempt. 
Forest association; (and this act shall take effect upon its 
passage). 

Sect. 12. Chapter 87 of the Laws of 1903, and all other Repealing 
acts and parts of acts inconsistent with this act are hereby takel^effect 
repealed, and this act shall take effect upon its passage. on passage. 

[Approved March i, 1905.] 



CHAPTER 39. 

AN ACT IN AMENDMENT OF SECTION 1, CHAPTER 92 LAWS OP 1903, 
RELATING TO FIXING OFFICE HOURS OF STATE OFFICES. 



Section 
1. Closing of state and county offices on 
certain days. 



Section 
2. Repealing clause; act takes effect on 
passage. 



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

Section i. Amend said section i, by adding after the closing of 
word " state" in the first line of said section, the words and countyoffices. 
county so that said section as amended shall read as follows : 
Section i. All state and county offices and departments may 
be closed on legal holidays and on Saturday afternoons through- 
out the year, if not incompatible with public business. 

Sect. 2. All acts or parts of acts inconsistent herewith Repealing 
are hereby repealed. This act shall take effect upon its takes effect 
passage. 

[Approved March i, 1905.] 



on passage. 



432 



Chapter 40. 



[1905 



CHAPTER 40. 

AN ACT IMPOSING A TAX ON COLLATERAL LEGACIES AND SUCCESSIONS. 



Certain leg- 
acies and 
inheritances 
taxable. 



Certain 
devises in 
remainder 
taxable. 



Section 

1. Certain legacies and inheritances 
taxable. 

Certain devises in remainder tax- 
able. 

Certain gifts and bequests to exec- 
utors, etc., taxable. 

"When tax payable to state. 

Tax to be deducted by executor. 

Procedure if legacy charged upon 
realty. 

Procedure if legacy given for lim- 
ited period. 

Sale of real estate to pay tax. 

Inventory to be filed; penalty for 
neglect. 

Inventory and appraisal to state 
treasurer. 

Procedure if real estate subject to 
tax. 

Tax paid to be refunded, when. 

Valuation of property for taxation. 



2. 



9. 



10. 



11. 



Section 

14. Jurisdiction of courts of probate. 

15. Administration on petition of state 

treasurer. 
Final account of administration not 

allowed until all taxes paid. 
Action by state treasurer to recover 

tax. 
Procedure if stock of resident cor- 
poration transferred by foreign 

executor. 
Assets of deceased non-resident, 

delivery to foreign administrator 

regulated. 
State treasurer party to petition by 

foreign administrator. 
State treasurer to provide books 

and blanks. 
State treasurer to pay expenses 

under act. 
Takes effect on passage. 



16. 



17. 



18. 



19. 



20. 



21. 



22. 



23. 



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

Section i. All property within the jurisdiction of the state, 
real or personal, and any interest therein, whether belonging 
to inhabitants of the state or not, which shall pass by will, or 
by the laws regulating intestate succession, or by deed, grant, 
sale or gift, made or intended to take effect in possession or 
enjoyment after the death of the grantor, to any person, abso- 
lutely or in trust, except to or for the use of the father, mother, 
husband, wife, lineal descendant, brother, sister, adopted child, 
the lineal descendant of any adopted child, the wife or widow 
of a son, or the husband of a daughter, of a decedent, or to or 
for the use of charitable, educational or religious societies or 
institutions in this state the property of which is by law exempt 
from taxation, or to a city or town in this state for public pur- 
poses, shall be subject to a tax of five per cent, of its value, for 
the use of the state ; and administrators, executors and trustees, 
and any such grantees under a conveyance made during the 
grantor's life, shall be liable for such taxes, with interest, until 
the same have been paid. 

Sect. 2. If a person bequeathes or devises property to 
or for the use of a father, mother, husband, wife, lineal 
descendant, brother, sister, an adopted child, the lineal 
descendant of an adopted child, the wife or widow of a 
son, or the husband of a daughter, for life or for a term of 
years, with the remainder to a collateral heir or to a stranger 



1905] Chapter 40. 433 

to the blood, the value of such particular estate shall, within 
three months after the appointment of the executor, adminis- 
trator or trustee, be appraised in the manner provided in sec- 
tion i6 and deducted from the appraised value of such prop- 
erty, and the remainder shall be subject to a tax of five per 
cent of its value. 

Sect. 3. If a testator gives, bequeathes or devises to his ^n^^jj^qf^g^g 
executors or trustees any property otherwise liable to said tax, to executors 
in lieu of their compensation, the value thereof in excess of 
reasonable compensation, as determined by the probate court 
upon the application of any interested party or the state treas- 
urer, shall nevertheless be subject to the provisions of this 
chapter. 

Sect. 4. Taxes imposed by the provisions of this chapter Tax payable 
shall be payable to the state treasurer by the executors, admin- 
istrators or trustees, at the expiration of two years after the 
date of their giving bond ; but if legacies or distributive shares 
are paid within the two years, the taxes thereon shall be pay- 
able at the same time. If the probate court has ordered the 
executor or administrator to retain funds to satisfy a claim of a 
creditor, the payment of the tax may be suspended by the 
court to await the disposition of such claim. If the taxes are 
not paid when due, interest at the rate often per cent, shall be 
charged and collected from the time the same became pay- 
able ; and said taxes and interest shall be and remain a lien 
on the property subject to the taxes until the same are paid. 

Sect. 5;. An executor, administrator or trustee holding Executor to 
property subject to said tax shall deduct the tax therefrom or 
collect it from the legatee or person entitled to said property, 
and he shall not deliver property or a specific legacy subject 
to said tax until he has collected the tax thereon. An execu- 
tor or administrator shall collect taxes due upon land which is 
subject to tax under the provisions hereof from the heirs or 
devisees entitled thereto, and he may be authorized to sell said 
land according to the provisions of section 8 if the}' refuse or 
neglect to pay said tax. 

Sect. 6. If a legacy subject to said tax is charged upon or k legacy 
payable out of real estate, the heir or devisee, before paying reaftl!"^ "^"^ 
it, shall deduct said tax therefrom and pay it to the executor, 
administrator or trustee, and the tax shall remain a charge 
upon said real estate until it is paid. Payment thereof may 
be enforced by the executor, administrator or trustee in the 
same manner as the payment of the legacy itself could be 
enforced. 

Sect. 7. If a pecuniary legacy is given to any person for if legacy 
a limited period, the executor, administrator or trustee shall period.''^^'^ 
retain the tax on the whole amount; but if it is not in money, 
he shall apply to the probate court having jurisdiction of his 
accounts to make an apportionment, if the case requires it, of 



434 Chapter 40. [1905 

the sum to be paid into his hands by such legatee on account 
of said tax, and for such further orders as the case may 
require. 
Sale of real Sect. 8. The probate court may authorize executors^ 

tax? ^ °^^^ administrators and trustees to sell the real estate of a decedent 
for the payment of said tax in the same manner as it may 
authorize them to sell real estate for the payment of debts. 
Inventory to Sect. 9. An inventory of every estate, any part of which 
afty^ ' ^^^' niay be subject to a tax under the provisions of this chapter^ 
shall be filed by the executor, administrator or trustee within 
three months after his appointment. If he neglects or refuses 
to file such inventory, he shall be liable to a penalty of not 
more than one thousand dollars, which shall be recovered by 
the state treasurer; and the register of probate shall notify 
the state treasurer of any such neglect or refusal within thirty 
days after the expiration of the said three months, 
inventoryand Sect. io. A copy of the inventory and appraisal of every 
st^te^treas-° estate, any part of which is subject to a tax under the provi- 
^^^^' sions of this chapter or, if the estate can be conveniently sepa- 

rated, a copy of the inventory and appraisal of such part, shall 
within thirty days after it has been filed be sent by the register 
of probate, by mail, to the state treasurer. The fee for such 
copy shall be paid by the state treasurer. A refusal or neglect 
by the register of probate so to send a copy of such inventory 
and appraisal shall be a breach of his official bond. 
If realty sub- Sect. II. If real estate of a decedent so passes to another 

ject to tax. . , . . , , . ^ ... 

person as to become subject to said tax, his executor, adminis- 
trator or trustee shall inform the state treasurer thereof within 
six months after his appointment, or if the fact is not known 
to him within that time, then within one month after the fact 
becomes known to him. 
Tax refunded, Sect. 12. If a person who has paid such tax afterwards 
refunds a portion of the property on which it was paid or if it 
is judicially determined that the whole or any part of such tax 
ought not to have been paid, said tax, or the due proportion 
thereof, shall be repaid to him by the executor, administrator 
or trustee. 
Valuation of Sect. 13. Said tax shall be assessed upon the actual value 
property. ^^ ^^j^ property as found by the probate court. Upon the 
application of the state treasurer or of any party interested in 
the succession, the probate court shall appoint three disinter- 
ested appraisers who, first being sworn, shall appraise such 
property at its actual market value and shall make return 
thereof to said court. Such return, when accepted by said 
court, shall be final. The fees of said appraisers, as deter- 
mined by the judge of said court, shall be paid by the party 
applying for such appraisal. The value of an annuity or life 
estate shall be determined by the "Actuaries' Combined Expe- 
rience Tables," at four per cent, compound interest. 



1905] Chapter 40. 435 



Sect. 14. The probate court having jurisdiction of the set- Jurisdiction 
tlement of the estate of the decedent shall, subject to appeal as courts, 
in other cases, hear and determine all questions relative to said 
tax affecting any devise, legac}' or inheritance, and the state 
treasurer shall represent the state in any such proceedings. 

Sect. 15. If, upon the decease of a person leaving an Administra- 
estate liable to a tax under the provisions of this chapter, a tionofsme 
will disposing of such estate is not offered for probate, or an treasurer, 
application for administration made within lour months after 
such decease, the proper probate court, upon application by 
the state treasurer, shall appoint an administrator. 

Sect. 16. No final account of an executor, administrator Account not 
or trustee shall be allowed by the probate court unless such tax paid, 
account shows, and the judge of said court finds, that all taxes 
imposed by the provisions of this chapter upon any property or 
interest therein belonging to the estate to be settled by said 
account have been paid; and the receipt of the state treasurer 
for such tax shall be the proper voucher for such payment. 

Sect. 17, The state treasurer shall commence an action Action to 
for the recovery of any of said taxes within six months after 
the same become payable; and also whenever the judge of a 
probate court certifies to him that the final account of an execu- 
tor, administrator or trustee has been filed in such court and 
that the settlement of the estate is delayed because of the non- 
payment of said tax. The probate court shall so certify upon 
the application of any heir, legatee or other person interested 
therein, and may extend the time of payment of said tax when- 
ever the circumstances of the case require. 

Sect. 18. If a foreign executor, administrator or trustee if stock of 
assigns or transfers any stock or obligation in any national poratfons^''" 
bank located in this state or in any corporation organized under b^y ?ore[gn^ 
the laws of this state, owned by a deceased non-resident at the executor, 
date of his death and liable to a tax under the provisions of 
this chapter, the tax shall be paid to the state treasurer at the 
time of such assignment or transfer, and if it is not paid when 
due, such executor, administrator or trustee shall be personally 
liable therefor until it is paid. A bank located in this statte or 
a corporation organized under the laws of this state which shall 
record a transfer of any share of its stock or of its obligations 
made by a foreign executor, administrator or trustee, or issue 
a new certificate for a share of its stock or of this transfer of an 
obligation at the instance of a foreign executor, administrator 
or trustee, before all taxes imposed thereon by the provisions 
of this chapter have been paid, shall be liable for such tax in 
an action brought by the state treasurer. 

Sect. 19. Securities or assets belonging to the estate of a Delivery of 
deceased non-resident shall not be delivered or transferred to a tf|n*ldmin^' 
foreign executor, administrator or legal representative of said i^t^^to^- 
decedent, unless such executor, administrator or legal repre- 



436 



Chapter 41. 



[1905 



state treas- 
urer party to 
petition by 
foreign ad- 
ministrator. 



Boolis and 
blanks. 



Expenses 
under act. 



Takes effect 
on passage. 



sentative has been licensed to receive such securities or assets 
by the probate court without serving notice upon the state 
treasurer of the time and place of such intended delivery or 
transfer seven days at least before the time of such delivery or 
transfer. The state treasurer, either personally or by repre- 
sentative, may examine such securities or assets at the time of 
such delivery or transfer. Failure to serve such notice or to 
allow such examination shall render the person or corporation 
making the delivery or transfer liable in an action brought by 
the state treasurer to the payment of the tax due upon said 
securities or assets. 

Sect. 20. The state treasurer shall be made a party to 
all petitions by foreign executors, administrators or trustees 
brought under the provisions of this act, and no decree shall 
be made upon any such petition unless it appears that notice 
of such petition has been served on the state treasurer fourteen 
days at least before the return day of such petition. 

Sect. 21. The state treasurer shall provide the judges and 
registers of probate of the state with such books and blanks as 
are requisite for the execution of this act. 

Sect. 22. The expenses for the execution of this act shall 
be paid by the state treasurer and the bills therefor shall be 
submitted to the governor and council for their approval. 

Sect. 23. This act shall take effect upon its passage. 

[Approved March 8, 1905.] 



CHAPTER 41. 



AN ACT TO AMEND SECTION 10 OF CHAPTER lil OF THE PUBLIC STAT- 
UTES, ENTITLED "LIENS OF MECHANICS AND OTHERS." 



Section 
1. Lien of laborer on building. 



Section 
2. Takes effect on passage. 



Lien of 
laborer on 
building. 



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

Section i. Amend section lo of chapter 141 of the Public 
Statutes by striking out the word "thereon," in the fifth line 
of said section, and inserting in place thereof the words on 
any materials so furnished, and on said house or other building 
or appurtenances, so that said section as amended shall read: 
Sect. 10. If any person shall, by himself or others, perform 
labor or furnish materials to the amount of fifteen dollars or 
more, for erecting, altering, or repairing a house or other 
building or appurtenances, by virtue of a contract with the 



1905] 



Chapter 42. 



437 



owner thereof, he shall have a lien on any materials so fur- 
nished, and on said house or other building or appurtenances 
and on any right of the owner to the lot of land on which the 
house, building or appurtenances stand. 

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

r f ia on passage. 

[Approved March 8, 1905.] 



CHAPTER 42. 

AN ACT RELATING TO THE TAXATION OF ELECTRIC POWER AND LIGHT 
PLANTS OWNED BY PERSONS AND PRIVATE CORPORATIONS. 



Section 

1. Electric power and light plants, 

where taxed. 

2. If situate In more than one town. 

3. Classed with buildings, mills, etc. 



Section 

4. Property of municipal corporations 

exempted. 

5. Repealing clause; act takes effect on 

passage. 



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

Section i. Lands, dams, canals water power, buildings, where taxed, 
structures, machinery, dynamos, apparatus, poles, wires, fix- 
tures of all kinds and descriptions owned, operated and em- 
ployed by any private corporation or person not a municipal 
corporation in generating, producing, supplying and distribut- 
ing electric power or light, shall be taxed as real estate in the 
town or towns in which said property or any part of it is 
situated. 

Sect. 2. If the property described in section i of this act Km more 
shall be situated in or extend into more than one town, said '^banonetown. 
property shall be taxed in each town according to the value of 
that part and proportion of the same lying within its limits. 

Sect. 3. The property described in section i of this act how classed, 
shall be classified for purposes of taxation with that described 
in section 3 of chapter 55 of the Public Statutes. 

Sect. 4. Nothing in this act shall be construed as in any Property of 
way changing or affecting the existing laws relating to the ™x"emp?ed.'*'^^ 
taxation or non-taxation of public utilities and other property 
owned by municipal corporations. 

Sect. 5. All acts and parts of acts inconsistent with the Repealing 
provisions of this act are hereby repealed and this act shall takel^Jffect 
take effect upon its passage, " on passage. 

[Approved March 8, 1905. J 



438 Chapter 43. [1905 

CHAPTER 43. 

AN ACT IN AMENDMENT OF CHAPTER 220 OF THE PUBLIC STATUTES OP NEW 
HAMPSHIRE RELATING TO THE ATTACHMENT OF BULKY ARTICLES. 



Section 

1. Attachment of bulky articles, how 

made. 

2. FilinK of return with register of deeds 

not required. 



Section 

3. Waste of such property after attach- 

ment, how punished. 

4. Repealing clause; act takes effect on 

passage. 



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

Attachment of SECTION I. That the wholc of section i6 of chapter 220, 

bulky articles, ^,-r-.7i-o rio r -kt tt I'-i i 

howmade. of the Pubhc otatutcs of the otate 01 JNew JdLampshire is hereby 
stricken out and in lieu of the same there shall be inserted the 
following : — Sect. 16. The officer attaching grain unthreshed, 
hay, potatoes, leaf tobacco, lumber, bark, wood or other fuel, 
bricks, stone, lime, gypsum, ore, manufacturing or other 
machinery, hides in the process of tanning, any building sit- 
uate on land, not belonging to the owner of the building, port- 
able engines, portable saw-mills, automobiles, doors, blinds, 
window sash, lumber in the process of manufacture, pianos, 
organs, such hotel furniture and household goods as are not 
exempt from attachment or levy on execution, railroad cars in 
progress of building, cattle, sheep, horses, and other live 
animals which are subject to attachment, flax in the raw state, 
or in process of curing or manufacturing, tobacco in process of 
curing, starch, flour, sugar, cotton in bales or process of man- 
ufacturing, hops, saw-logs, ashes, stone, bark, hives of bees, 
hay scales, corn on the cob, corn-stalks, corn in the husk, 
staves or shooks, derricks and the tackle and appendages con- 
nected therewith, utensils and apparatus kept on a farm for the 
manufacture of maple sugar, pig iron, bloomed iron, scrap 
iron, railroad iron, railroad ties, fence posts or rails, iron and 
steel safes, horse power and other threshing machines, stone 
channeling or cutting machines, drilling and marble boring 
machines, boats, launches, and all other articles which by 
reason of their size, situation, fluidity, explosive or inflam- 
mable qualities, are incapable of being conveniently taken into 
actual possession, may within forty-eight 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 cases the attachment shall not be dissolved or defeated by 
any neglect of the officer to retain actual possession of the 
property. Service may be made on the defendant, before or 
after leaving the attested copy of the writ as aforesaid. 
No return to Sect. 2. Nothing in this act shall be construed to require 
deeds^^°* the officer's return to be filed in the office of the register of 
deeds of any county in the state. 



1905] 



Chapters 44, 45. 



439 



Sect. 'Z. Any person who shall waste, destroy, or diminish waste of 

• /-I 1 1 • , 1 r . 1 property after 

in quantity any of the property attached in the manner set forth attachment, 
in the preceding section shall be liable to a fine of double the "^pumshe 
value of the property so wasted, destroyed, or diminished in 
quantity, or shall be punished by imprisonment of not more 
than one year. 

Sect. 4. All acts or parts of acts inconsistent with this act Repealing 
are hereby repealed and this act shall take effect upon its takes'effect 

passage. on passage. 

[Approved March 8, 1905.] 



CHAPTER 44. 



AN ACT IN RELATION TO THE BOUNTY ON HEDGEHOGS. 



Section 
1. Bounty repealed. 



Section 
2. Takes effect on passage. 



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

Section i. Chapter 62 of the Laws of 1903 entitled, Bounty 
"An act to provide for a bounty on hedgehogs " is hereby 
repealed. 

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

r r tr> on passage. 

[Approved March 8, 1905.] 



CHAPTER 45. 

AN ACT FOR THE PROTECTION OF SAVINGS BANKS AND OTHER SAVINGS 

1 
INSTITUTIONS. 



Section 

1. Procedure if deposit book lost or 

destroyed. 

2. New book to be issued after three 

months. 



Section 

3. If duplicate book refused, or adverse 

claim made. 

4. Takes effect on passage. 



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

Section i. Whenever the deposit book of a depositor in a when deposit 
savings bank, or savings institution, is alleged to be lost or Sestroyld?'' 
destroyed, and the depositor shall request such bank or institu- 
tion to issue to him a duplicate thereof, he shall, if such bank 
or institution so requires, advertise such loss or destruction by 



440 Chapter 46. [1905 

publishing a notice thereof containing a description of such 
book by its date and number, together with the name of the 
bank or institution which issued the same three weeks succes- 
sively in two newspapers, one published in the vicinity of the 
residence of the depositor, and the other in the vicinity of the 
place of business of such bank or institution, and by posting a 
like notice at the office of such bank or institution. 

Issue of new Sect. 2. If no Other person shall make claim to such book 
or to the deposit thereunder within three months after such 
publication and notice, such savings bank or savings institu- 
tion shall issue to the depositor a duplicate of such book which 
shall contain a complete statement of the depositor's account, 
and shall state that it is issued in lieu of the one alleged to 
have been lost or destroyed ; and such savings bank or savings 
institution shall not be liable thereafter on account of such 
original book. 

^^usedo^r Sect. 3. If any adverse claim shall be made to such orig- 

nfa^^e ^^ *^^^*™ ^^'^^ book or deposit before a duplicate book has been issued, 
or if such savings bank or savings institution shall refuse to 
issue a duplicate thereof, such claimant or depositor may peti- 
tion the superior court for relief and such court may after due 
notice and hearing, make such orders and decrees in the prem- 
ises as justice shall require. 

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

[Approved March 8, 1905.] 



CHAPTER 46. 

AN ACT IN AMENDMENT OF SECTION 1 OF CHAPTER 122 OF THE LAWS 
OP 1903 ENTITLED "AN ACT TO AMEND CHAPTERS 2 AND 112 OF THE 
PUBLIC STATUTES AND TO PROVIDE FOR THE BETTER ENFORCEMENT 
OP THE LIQUOR LAW." 

Section 1. Illegal sale, etc., of liquor, how punished. 

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

Illegal sale, SECTION I. Amend scction I chapter 122 of the Laws 

etc., of liquor, _ , .,. ,,-.,^ . ,. 

howpunished. of 1903 by Striking out all 01 said section and inserting 
in place thereof the following. Section i. Amend section 
15 of chapter 112 of the Public Statutes by striking out all 
of said section and inserting in place thereof the following. 
Sect. 15. If any person, not being an agent of a town for the 
purpose of selling spirit shall sell or keep for sale any spiritu- 
ous liquor in any quantity, he shall be fined not less than $25 



1905] Chapters 47, 48. 441 

or more than $ioo and also shall be imprisoned not less than 
thirty days or more than sixty days. And for any subsequent 
offense he shall be fined not less than $ioo or more than $200 
and imprisoned not less than two months or more than twelve 
months. 

[Approved March 8, 1905.] 



CHAPTER 47. 

AN ACT IN AMENDMENT OF SECTION 1, CHAPTER 221 OF THE PUBLIC 
STATUTES IN RELATION TO EXEMPTIONS FROM ARREST. 

Section 1. Exemption of females from arrest. 

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

Section i. Amend section i, chapter 221 of the Public Exemption of 
Statutes by adding the following words at the end of the sec- '^™^^®^- 
tion : — nor upon any action founded upon a conditional sale of 
clothing by lease or otherwise. So the said section shall read 
as follows ; Section i. No female shall be arrested upon a 
writ in an action founded on contract, nor upon any action 
founded upon a conditional sale of clothing by lease or other- 
wise. 

[Approved March 8, 1905.] 



CHAPTER 48. 

AN ACT TO AMEND SECTION 1, CHAPTER 88, PUBLIC STATUTES (aS 
AMENDED BY CHAPTER 92, SESSION LAWS OF 1901), ENTITLED " SCHOOL 
MONEY." 

Section i Section 

1. School tax, amount and assessment. I 2. Takes effect on passage. 

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

Section i. That section i, chapter 88, Public Statutes, (as school tax, 
amended by chapter 92, session Laws of 1901) be amended l^essment. 
by striking out the words "six hundred" between the words 
" of" and " dollars" and substituting therefor the words seven 
hundred and fifty, so that the section as amended shall read as 
4 



442 



Chapter 49. 



[1905 



Takes effect 
on passage. 



follows : Section i. The selectmen in each town shall assess 
annually, upon the polls and ratable estate taxable therein, a 
sum to be computed at the rate of seven hundred and fifty 
dollars for every dollar of the public taxes apportioned to such 
town, and so for a greater or less sum. 

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

[Approved March 8, 1905.] 



CHAPTER 49. 

AN ACT IN AMENDMENT OF CHAPTER 95, LAWS OF 1903, ENTITLED, "aN 
ACT TO REGULATE THE TRAFFIC IN INTOXICATING LIQUOR." 



Section 



10. 



Meaning of words "liquor" and 
"person." 

Special agents to have powers of 
constables; appointment and du- 
ties. 

Classes of licenses; serving liquor at 
tables; sale of cider; expiration of 
licenses. 

Fees for licenses of various classes; 
hotel regulations in no-license 
towns. 

Certain persons not to receive li- 
censes ; licenses to co-partnerships ; 
deposit of fee and filing of bond; 
attorney-general to bring suits on 
bonds. 

Licenses not granted for certain lo- 
cations. 

Bond of clerk and treasurer of li- 
cense board; disposition of fees; 
records open to inspection of cer- 
tain officers; audit of accounts. 

Sale or surrender of license by ad- 
ministrator; town or city to pay 
rebate, when. 

Sale of liquor to certain persons 
prohibited. 

Hours and days of sale regulated. 



Section 
11. Sale of adulterated liquor prohibit- 
ed; liquor not to be sold or served 
by certain persons; doors to be 
closed when sale forbidden; use of 
screens, etc., prohibited; view of 
room to be unobstructed; certain 
licenses not to be exercised in gro- 
cery or other store. 

Sales by druggists regulated. 

Druggists and hardware dealers to 
keep record of sales; form of rec- 
ord and certificate. 

Books, etc., to be open to inspec- 
tion. 

Fraudulent certificate or prescrip- 
tion; penalty for making. 

Notice not to sell to habitual drunk- 
ard; service and return, how made; 
civil liability for sale after notice. 

Regulations may be prescribed by 
license board in certain cases; pen- 
alty for violation. 

Violations of act in license town, 
how punished. 

Commissioner may summon wit- 
nesses and compel attendance; 
fees of witnesses. 

Takes effect May 1, 1905; repealing 
clause. 



12. 
13. 



14. 



15. 



16. 



17. 



18. 



19. 



20. 



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

Meaning SECTION I. Amend scction I by inserting after the word 

"iiquor"and 'Miquors," in the third line, the words: and any beverage 
person, which contains more than one per cent, of alcohol, so that said 
section shall read as follows : Section i. The term " liquor " 
as used in this act includes and means all distilled and recti- 
fied spirits, wines, fermented and malt liquors and any bever- 
age which contains more than one per cent, of alcohol ; and 



1905] Chapter 49. 443 

the word " person " shall include firms, associations, co-part- 
nerships and corporations. 

Sect. 2. Amend section 5 by adding the words: Said specuugents 
soecial agents in the performance of their duties shall have the ersofconsta- 

r 11- • • 1 -.u- J.-U ^■ -i r i.1 bles; appoint- 

powers of constables in criminal cases within the limits ot the mentand 
state, and section 20, chapter 212 of the Public Statutes shall ^'^^^^^• 
not apply to them when acting as constables under this sec- 
tion ; so that said section, as amended, shall read as follows : 
Skct. 5. Said board of license commissioners, with the 
approval of the governor and council, may appoint one or 
more special agents and fix their compensation. It shall be 
the duty of said special agents, under the direction of the board 
of license commissioners, to investigate all matters relating to 
the collection of license fees or penalties under this act, and in 
relation to compliance with law by persons holding licenses 
under the terms of this act. Said special agents may be 
removed by the board of license commissioners. Any commis- 
sioner or special agent may enter any place where liquor is 
sold, at any time, and may examine any license certificate 
issued or purporting to have been issued under the terms of 
this act. He may investigate any other matters in connection 
with the sale of liquor, and shall make complaints for viola- 
tions of this act. Said special agents in the performance of 
their duties shall have the powers of constables in criminal 
cases within the limits of the state, and section 20, chapter 212 
of the Public Statutes shall not apply to them when acting as 
constables under this section. 

Sect. 3. Amend section 6 by striking out the whole of said classes of 
section and by inserting in lieu thereof the following: Sect, 6. licenses. 
Licenses shall be of the following classes : 

First class. — To sell liquor of any kind, to be drunk on the First, 
premises, to be issued only to innholders. 

Second class. — To sell liquor of any kind in quantities less second, 
than five gallons to one person at one time. 

Third class. — To sell liquor of any kind not to be drunk on Third, 
the premises. 

Fourth class. — To sell malt liquors, cider or light wines, Fourth, 
containing not more than fifteen per cent, of alcohol, to be 
drunk on the premises. 

Fifth class. — For retail druggists and apothecaries to sell ^ifth. 
liquor of any kind for medicinal, mechanical, chemical and 
sacramental purposes only, and for dealers in hardware, paints 
and decorating materials to sell alcohol for mechanical and 
chemical uses only, the same to be sold in accordance with the 
provisions of this act. Any druggist, not a registered pharma- 
cist, who shall have been continually in active business as a 
druggist from January i, 1903, and who employs a registered 
pharmacist, shall be entitled to a license in his own name 
under this sub-division, provided he be otherwise qualified. 



444 Chapter 49. [lOOS^ 

Sixth. Sixth class. — To sell malt liquor, cider or light wines to the 

traveling public, en route, only, to be issued only to keepers 
of railroad restaurants, under such regulations as the state 
board of license commissioners shall prescribe. 

Seventh. Seventh class. — To sell liquor of any kind to be drunk on 

the premises, to be issued only to duly incorporated associa- 
tions, as provided in sub-division 7 of section 8, in the discre- 
tion of the board of license commissioners. 

Eighth. Eighth class. — To distillers and brewers to sell their product 

in packages for shipment or distribution to the trade. 

Ninth. Ninth class. — To sell liquor of any kind to be drunk on the 

premises, to be issued to common victualers only in cities or 
towns which have a population of six thousand or more, pro- 
vided, however, that no ^bar shall be kept under this class. 
Subject to these restrictions, the state board of license commis- 
sioners may issue licenses of the ninth class to such persons 
and in such locations as in their judgment will not be detri- 
mental to the public welfare. 

Bottling No licensee of any class, other than of the third class, shall 

bottle malt liquors. No licensee of the first class shall serve 

attabies.*'^'^^'^ ^"7 li^uor at a table or tables in any room where the exclusive 
or principal business carried on is the sale of liquor. No 
licensee of the second or fourth class shall serve any liquor at 
a table or tables. Each license of the first four classes shall 
specify the room or rooms in which liquor shall be kept or 
sold, and no liquor shall be kept or sold in any room or part 

Sale of eider ^^ ^ building not SO specified. No license shall be required 
for the sale of cider in greater quantities than ten gallons, or 
by the manufacturer at the press or in an unfermented state. 

Expiration of All licenses granted under this act shall expire on the thirtieth 

licenses. ^^^ of April next following, and all licensees shall pay for the 

time from dale of issue to the first day of the May following. 

ucensefees.! Sect. 4. Amend section 7 by inserting in the ninth line 
thereof, after the word, "licensee," the words: in a no-license 
city or town. Further amend said section 7 by adding after 
the word, "year," in the forty-fifth line thereof, the following 
words : when liquor of anv kind is sold only upon a physi- 
cian's prescription. If sold otherwise, as provided by law, 
then the license fee shall be not less than fifty dollars nor more 
than five hundred dollars, in the discretion of the state board 
of license commissioners. Further amend said section 7 by 
adding to said section, at the end thereof, the following sub- 
division : 

Ninth class. — Not more than twelve hundred dollars nor less 
than three hundred dollars, and the state board of license com- 
missioners may fix the fee, and restrict, define and limit each 
license under this class in their discretion : so that said sec- 
tion 7, as amended, shall read as follows: Sect. 7. Fees for 
licenses shall be as follows : 



1905] Chapter 49. 446 

First class. — Not more than $i,ooo nor less than $2K per First class, 

. . T ^ r *25 to $1 000. 

year, and the state board of license commissioners are hereby 
authorized and empowered to fix the fee and restrict, define 
and limit each license of the first class in their discretion, ^rc»- 
vided, however^ no licensee of the first class, in a no-license 
■city or town, shall sell or serve liquor except to bona Jide reg- 
istered guests who have resorted to his hotel for food or lodg- 
ing. Such licensee, in a no-Hcense city or town, shall not sell Hotel reguia- 

o , , ... • tioDs in no- 

liquor to any resident of the city or town in which his hotel is license towns, 
situated, neither shall he maintain or keep a bar room or bar 
at which liquor is sold. 

Second class. — In cities having a population of forty thou- ^|5o°^**$i^tTO.' 
sand or over, twelve hundred dollars. 

In cities having a population of from eighteen thousand to 
forty thousand, eight hundred dollars. 

In cities having a population of from ten thousand to eighteen 
thousand, six hundred dollars. 

In cities having a population of under ten thousand, four 
hundred dollars. 

In towns whose population exceeds twenty-five hundred, 
three hundred dollars. 

In all other towns, two hundred and fifty dollars. 

Third class. — In cities of over forty thousand people, eight JJ)^''to^i|oo; 
hundred dollars. 

In cities having between eighteen thousand and forty thou- 
sand people, six hundred dollars. 

In cities having between ten and eighteen thousand people, 
three hundred dollars. 

In cities having a population of less than ten thousand, two 
hundred dollars. 

In towns whose population exceeds twenty-five hundred, one 
hundred and fifty dollars. 

In all other towns, one hundred dollars. 

Fourth class. — In cities of over forty thousand people, six Fourthciass, 

-^ 1 r $150 to $600. 

hundred dollars. 

In cities of from eighteen thousand to forty thousand, five 
hundred dollars. 

In cities of fVom ten thousand to eighteen thousand people, 
four hundred dollars. 

In cities having less than ten thousand people, two hundred 
and fifty dollars. 

In towns whose population exceeds twenty-five hundred, 
two hundred dollars. 

In all other towns, one hundred and fifty dollars. 

Fifth class. — Ten dollars per vear when liquor of any kind Fifth class, 

, ..^,-' .. re 111 $10, or $50 

IS sold only upon a physicians prescription. If sold other- to $5oo. 
wise, as provided by law, then the license fee shall be not less 
than fifty dollars nor more than five hundred dollars, in the 
discretion of the state board of license commissioners, provided 



446 



Chapter 49. 



[1905 



Sixth class, 
$50 to $200. 



Seventh class 
$100 to $300. 



Eighth class, 
$300 to $2,000. 



Ninth class, 
$300 to $1,200. 



Certain per- 
sons not to 
receive li- 
censes; li- 
censes to co- 
partnerships; 
deposit of fee 
and filing of 
bond; attor- 
ney-general 
to sue on 
bonds. 



that nothing in this section shall be so construed as to change 
the existing law relating to the license fee to be paid by deal- 
ers in hardware, paints and decorating materials to sell alcohal 
for mechanical and chemical uses only. 

Sixth class. — Not more than two hundred nor less than fifty 
dollars per year, and the state board of license commissioners 
are hereby authorized and empowered to fix the fee for each 
license of the sixth class in their discretion. 

Seventh class. — Not more than three hundred dollars nor 
less than one hundred dollars per year, and the state board of 
license commissioners are hereby authorized and empowered 
to fix the fee for each license of the seventh class in their dis- 
cretion. 

Eighth class. — Not more than $2,000 nor less than $300 per 
year, and the state board of license commissioners are hereby 
authorized and empowered to fix the fee for each license of the 
eighth class, in their discretion, having regard to the quantity 
of product. 

Ninth class. — Not more than twelve hundred dollars nor less 
than three hundred dollars, and the state board of license com- 
missioners may fix the fee, and restrict, define and limit each 
license under this class in their discretion. 

Sect. 5. x\mend sub-division 2, section 8, by adding the 
following words : p?'ovided^ however^ that any pharmacist duly 
registered in this state, who is twenty-one years of age and 
otherwise a qualified person under the requirements of this act, 
mayreceive a license of the fifth class. Amend sub-division 6,. 
section 8, by striking out the words, " a resident of this state 
and a citizen of the United States," at the end of said sub-divi- 
sion, and by inserting instead thereof the words: a citizen of 
the United States and a resident of the State of New Hamp- 
shire and shall have been a resident of the town or city or an 
adjoining town or city within which he desires to carry on the 
liquor business for one year last prior to the filing of his appli- 
cation. Amend sub-division 9, section 8, by adding after the 
word " person " in the seventh line thereof, the words: shall 
be given a license. 

Further amend said sub-division by striking out the words : 
" county solicitors upon complaint of said board, shall be given 
such license" at the end of said sub-division, and inserting in 
place thereof the words : the attorney-general upon notice from 
said board; so that said section, as amended, shall read as 
follows : Sect. 8. No person shall receive a license under 
the provisions of this act 

1. Who has been or shall be convicted of a felony, or know- 
ingly has in his employ a person who has been so convicted ; 

2. Who is under the age of twenty-five years, -providedy 
howeve7\ that any pharmacist, duly registered in this state, 
who is twenty-one years of age and otherwise a qualified per- 



1905] Chapter 49. 447 

son under the requirements of this act, may receive a license 
of the fifth class ; 

3. Who is not a citizen of the United States, and a resident 
of the State of New Hampsliire and of the town or city or the 
adjoining town or city within which he desires to carry on the 
liquor business, for one year last prior to the filing of his 
application ; 

4. Who shall be convicted of a violation of this act, until 
three years from the date of such conviction ; 

5. Whose agent or employe shall be twice convicted of a 
violation of this act, until five years from the date of the second 
conviction ; 

6. No co-partnership, unless one or more of the members of 
such co-partnership, owning at least one-half interest in the 
business thereof, shall be a citizen of the United States and a 
resident of the State of New Hampshire, and shall have been 
a resident of the town or city, or an adjoining town or city 
within which he desires to carry on the liquor business, for one 
year last prior to the filing of his application ; 

7. No corporation or association hereafter organized under 
chapter 147, Public Statutes, and the acts amendatory thereof, 
unless the same shall be equipped to furnish food and lodging 
to its members ; 

8. No person who, as owner or agent, shall suff'er or permit 
any gambling to be done in the place designated by the license 
as that in which the traffic in liquor is to be carried on, or in 
any other place appertaining thereto or connected therewith, 
or suffer or permit such premises to become disorderly, or 
carry on or permit to be carried on, or is interested in any 
traffic, business or occupation, the carrying on of which is a 
violation of law. 

9. All applicants for a license in classes in which the fee is 
definite in this act shall deposit with said board the full amount 
of the license fee with the application and in classes in 
which said board has a discretion as to the amount of the 
fee such sum as said board shall direct. In case the license 
is denied the amount so paid shall be refunded. All appli- 
cations shall be in form prescribed by said board. No per- 
son shall be given a license who shall not, within ten days 
from the receipt of notice from said board of the granting 
of his application for a license, file with said board a bond in 
the sum of double the amount of the license fee paid by him, 
provided., hozuevcr, no bond shall be accepted for a less 
amount than five hundred dollars, satisfactory to said board, 
conditioned upon constant adherence to the terms of said 
license and the provisions of this act, and recoverable in an 
action of debt to be brought by the attorney-general upon 
notice from said board. 



448 



Chapter 49. 



[1905 



Licenses not 
granted for 
certain loca- 
tions. 



Sect. 6. Amend section 9 by inserting after the word 
"building," in the second line of said section, the following: 
or room which does not have its entrance for customers and 
patrons upon a public highway or. Further amend said sec- 
tion by striking out all of said section after the word " on," in 
the eighth line thereof, and by inserting in lieu thereof the 
following : provided, however, that a license of the third class 
may, in the discretion of the board of license commissioners, 
be granted where the entrance to said building or room (said 
building or room not being within two hundred feet of a church 
or schoolhouse) is upon a private way or private property, and 
provided ^further, that the restrictions contained in this section 
shall not apply to any hotel or drug store used as such prior to 
January i, 1903, nor to any building owned, occupied and 
used solely by any incorporated club prior to January i, 1903, 
and continuously thereafter : and ^rovided^ /tirthe?', that the 
restrictions contained in this section shall not apply to any 
building or room where any license has been exercised prior 
to January i, 1905, and shall be continuously thereafter exer- 
cised ; and no license shall be granted for traffic in liquor in 
any location where it shall be deemed by said board of license 
commissioners to be detrimental to the public welfare ; so 
that said section 9, as amended, shall read as follows : 
Sect. 9. No license shall be granted for the traffic in liquor 
in any building or room which does not have its entrance for 
customers and patrons upon a public highway or which shall 
be on the same street or avenue within two hundred feet of a 
building occupied exclusively as a church or a schoolhouse, 
the measurements to be taken in a straight line from the center 
of the nearest entrance to the building used for such church or 
school to the center of the nearest entrance to the place in 
which the traffic in liquor is desired to be carried on, provided, 
however, that a license of the third class may, in the discretion 
of the board of license commissioners, be granted where the 
entrance to said building or room (said building or room not 
being within two hundred feet of a church or schoolhouse) is 
upon a private way or private propert}^ and provided, further , 
that the restrictions contained in this section shall not apply to 
any hotel or drug store used as such prior to January i, 1903, 
nor to any building owned, occupied and used solely by any 
incorporated club prior to January i, 1903, and continuously 
thereafter; [and provided, further, that the restrictions con- 
tained in this section shall not apply to any building or room 
where any license has been exercised prior to January i, 1905, 
and shall be continuously thereafter exercised ;] and no license 
shall be granted for traffic in liquor in any location where it 
shall be deemed by said board of license commissioners to be 
detrimental to the public welfare. 



1905] Chapter 49. 449 

Sect. 7. Amend section lo by inserting after the word Bond of clerk 
*' salaries," in the fifteenth line thereof, the words : the cost of urer; disposi- 
printing their annual reports; so that said section, as amended, re°cordsope'n 
shall read as follows : Sect. io. The clerk of the state board fudWac'^"' 
of license commissioners shall be also the treasurer of the counts, 
board, and as such treasurer he shall file with the secretary of 
state a bond of an indemnity company licensed to do business 
in this state in the sum of fifty thousand dollars, the cost of 
which shall be chargeable to the expense of maintaining the 
office of the board, and conditioned for the faithful accounting 
of fees collected and forfeitures incurred under the proyisions 
of this act. All such fees and forfeitures shall be paid to the 
treasurer of said board, who shall, annually, in the month of 
July, pay one half of the sum so receiyed to the treasurer of 
the said city or town where the license was granted, and one 
half to the treasurer of the county in which said city or town 
is located, first, however, deducting the entire cost of maintain- 
ing the office of said board, including all salaries, the cost of 
printing their annual report and all expenses attaching to the 
performance of their duties ; also the sum of one thousand 
dollars, or as much thereof as may be needed to pay the neces- 
sary expenses of the state laboratory of hygiene incurred under 
the provisions of this act, and all expenditures shall be audited 
by the governor and council. All moneys derived from fees 
and forfeitures in places where no town organization exists 
shall be paid to the treasurer of the county in which such place 
is located. The annual report of said board shall contain 
a statement by the treasurer of the board of the source from 
which all moneys received by him were derived, the names of 
licensees and the classes of licenses, and the street and number 
in each city or town, when possible, where the licenses are 
exercised. The records of the state board of license commis- 
sioners and all applications for licenses shall be open at all 
times to the inspection of selectmen, mayors, police officers, 
prosecuting officers, sheriffs and overseers of the poor. The 
accounts of the treasurer of the board shall be audited at such 
times and by such persons as the governor and council may 
direct, and the expense of such auditing shall be chargeable 
to the expense of maintaining the office of the license com- 
missioners. 

Sect. 8. Amend section 13 by inserting after the word, saieorsur- 
" administrators," in the second line thereof the following fkjense by ad- 
words : may sell such license to any person qualified to hold towncf/'city 
the same upon the executing of the transfer in this act provided ^^en^ ^^*'^^^' 
for, or; and by adding at the end of said section the following 
words : If there is not sufficient money in the hands of the 
treasurer of said board to pay the rebate due upon such sur- 
rendered license, said treasurer shall demand in writing of the 
town or city treasurer where said license was granted, and the 



450 



Chapter 49. 



[1905 



Sales to cer- 
tain persons 
prohibited. 



Hours and 
days of sale 
regulated. 



treasurer of the county in which said town or city is located, 
their proportionate shares of the amount of said rebate, and the 
same shall be refunded by said town or city and county within 
thirty days from the receipt of said demand ; so that said sec- 
tion, as amended, shall read as follows : Sect. 13. If a person 
holding a license under the provisions of this act shall die, his 
heirs, executors or administrators may sell such license to any 
person qualified to hold the same upon the executing of the 
transfer in this act provided for, or may surrender said license 
to said board, provided \\\2X said license shall have at least one 
month to run, computed from the first day of the month follow- 
ing such surrender ; and said license commissioners shall 
thereupon compute the amount of rebate then due upon such 
surrendered license for the unexpired term thereof, and the 
treasurer of said board shall immediately pay back said sum to 
the person authorized to receive it, and shall credit himself 
with the amount so paid back. If there is not sufficient money 
in the hands of the treasurer of said board to pay the rebate 
due upon such surrendered license, said treasurer shall demand 
in writing of the town or city treasurer where said license was 
granted, and the treasurer of the county in which said town 
or city is located, their proportionate shares of the amount of 
said rebate, and the same shall be refunded by said town or 
city and county within thirty days from the receipt of said 
demand. 

Sect. 9. Amend sub-division 4, section 15, by striking out 
all of said sub-division after the word " given," in the first line 
of said sub-division, and by inserting in place thereof the words ; 
in accordance with the provisions of section 27 of this chapter, 
forbidding sale or delivery to such person ; so that said section, 
as amended, shall read as follows: Sect. 15. No person 
shall sell, deliver, or give away, or cause or permit or procure 
to be sold, delivered or given away, any liquor 

First, to a minor, nor to a minor for any other person ; 

Second, to an intoxicated person ; 

Third, to an habitual drunkard ; 

Fourth, to any person where notice in writing has been 
given, in accordance with the provisions of section 27 of this 
chapter, forbidding sale or delivery to such person. 

Sect. 10. Amend section 16 by striking out the word 
"fifth," in the second line thereof; so that said section, as 
amended, shall read as follows : Sect. 16. No licensee, 
except the holder of a license of the first or seventh class, shall 
sell, furnish, or expose for sale, or give away any liquor 

First, on Sunday ; 

Second, on any other day except between the hours of six 
in the morning and ten at night ; unless the town or board of 
mayor and aldermen of the city where such licensee carries on 
business shall extend the hours not later than eleven o'clock at 



1905] Chapter 49. 451 

night, which such town or board of mayor and aldermen is 
hereby authorized to do ; 

Third, on the day of any general or city election or town 
meeting ; 

Fourth, on a state or national legal holiday. 

Sect. ii. Amend sub-division 2, section 17, by adding 
the words : or to permit any male person under the age of 
twenty-one years to sell or serve any liquor on the premises, 
except to bona fide registered guests in their rooms, and in 
dinincf rooms with meals, under licenses of the first class. 
Amend sub-division 4, section 17, by striking out the word, 
" section," in the fourteenth line of said sub-division, and by 
inserting instead thereof the word, subdivision. 

Amend section 17 by adding the following sub-division : 5. 
To grant any license of the second, third, fourth or eighth 
class to be exercised in connection with a grocery or other 
store ; so that said section, as amended, shall read as follows : 
Sect. 17. It shall not be lawful 

1. To sell or expose for sale, or to have on the premises saie of adui- 

1 !• • ij 1- I-1- Jii. *j*4-u terated liquor 

where liquor is sold, any liquor which is adulterated with any prohibited, 
deleterious drug, substance or liquid which is poisonous or 
injurious to the health. 

2. To permit any girl or woman, or knowingly permit an\' certain per- 

1 .I'l -iirrii. 11 sons not to 

person known to have been convicted 01 a lelony, to sell or sen or serve 
serve any liquor on the premises; or to permit any male per- ^'^'^o'"- 
son under the age of twenty-one years to sell or serve any 
liquor on the premises, except to bona fide registered guests in 
their rooms and in dining rooms with meals under licenses of 
the first class. 

'X. To have opened or unlocked any door or entrance from Doors to be 

.1 1,^11 in !••• • closed, when. 

the yard, street, alley, hallway, room, or adjoining premises 
where the liquor is sold or kept for sale during the hours when 
the sale of liquor is forbidden, except for the egress or ingress 
of the holder of the license, his agents and servants, when nec- 
essary, for purposes not forbidden by this act ; or to admit to 
such room or rooms any other persons during the hours when 
the sale of liquor is forbidden. 

4. To have any screens or blinds, any curtains, or anything screens, etc., 

^ . -'. ., .•' . c prohibited. 

covering any part of any window, or to have in any part 01 any 
window or door any opaque or colored glass that obstructs or 
in anj'' way prevents a person passing from having a full view 
from the sidewalk, alley, or road in front of the bar, or room 
in such building where liquor is sold or kept for sale ; or to 
traffic in liquor in any interior room or place not having in the 
principal door or entrance to such room or place, a section of 
such door filled with clear glass so that a clear and unobstructed 
view of the bar and room where the liquor is sold and kept for 
sale can be had. And it shall be unlawful to have at any time 
in the room or place where liquor is sold, any enclosed box or 



452 



Chapter 49. 



[1905 



No license for 
grocery, etc . 



Sales by drug- 
gists regu- 
lated. 



Druggists, 
etc., to keep 
record of 
sales; form of 
record and 
certificate. 



Stall, or any obstruction which prevents a full view of the 
entire room by every person therein. The provisions of this 
sub-division shall not apply to licenses under the first and fifth 
and seventh classes. 

5. To grant any license of the second, third, fourth or 
eighth class to be exercised in connection with a grocery or 
other store. 

Sect. 12. Amend section 22, by striking out the last sen- 
tence of said section, to wit, the following : " Druggists hold- 
ing a license of the fifth class may make application for a 
license of the third class, and may hold such license if granted, 
in any city or town where this act is in force ; " so that said 
section, as amended, shall read as follows : Sect. 22. Retail 
druggists and apothecaries shall not sell liquor for medicinal, 
mechanical, chemical or sacramental purposes except upon the 
certificate of the purchaser, which shall state the use for which 
it is wanted, and which shall be immediately cancelled at the 
time of the sale in such a manner as to show the date of the 
cancellation. They shall not, when making such sales, upon 
the prescription of a physician, be subject to the provisions of 
section 16 of this act. 

Sect. 13. Amend section 23 by inserting the word, kind, 
before the word, "quantity," in the third line thereof; by 
striking out the word, " the," before the word, " price," in the 
fourth line thereof; by inserting the words: shall be a part of 
said book and shall not be detached therefrom and, after the 
word, " certificate," in the twelfth line thereof; and by adding 
to said section the following sub-division : Every dealer in 
hardware, paints and decorating materials to whom a license 
of the fifth class is granted, shall keep a book in which he 
shall enter at the time of every sale of alcohol, the date thereof, 
the name and residence of the purchaser, his residence by 
street and number, if there be such, the quantity and price of the 
alcohol sold, and the purpose for which it is to be used. Said 
book shall be in form substantially as follows : 





C 


iDC 










V 


<D . 










S3 








e 







^fl" 











ft 
<M 



fl c« (B 


>. 






01 


e 


® 

a 


■0® S 


d 







eS 


a 


®'S'*-' 


d 




a 


Q 


^ 


^.W.r. 


Q? 


cu 


Ph 






1 









1905] 



Chapter 49. 



45a 



so that said section, as amended, shall read as follows: Sect. 
23. Every retail druggist and apothecary shall keep a book 
in which he shall enter at the time of every such sale, the date 
thereof, the name of the purchaser, the kind, quantity and 
price of said liquor, the purpose for which it was sold, and the 
residence by street and number, if such there be, of said pur- 
chaser. If such sale is made upon the prescription of a physi- 
cian, the book shall also state the name of the physician, and 
shall state the use for which said liquor was prescribed and the 
quantity to be used for such purpose, and shall be cancelled in 
like manner as the certificate hereinbefore mentioned. Said 
book shall be in form substantially as follows : 





m 




^ 






i 




C4 














S3 

2 




a 


0) 








0. 


9 



a* 
■a 


CM 





6 




a 


« 
2 


d 

ca 

■0 


a) 







a 


a 


cd 


V 




3 


"C 


^ 


Q 


^ 


(>; 


M 


0. 


(I4 


z 

















The certificate shall be a part of said book and shall not be 
detached therefrom, and shall be in form substantially as fol- 
lows : 



CERTIFICATE. 



I wish to purchase 



and I certify that I am not 



a minor and that the same is to be used for medicinal 
mechanical chemical or sacramental purposes. (Draw 
a line through the words which do not indicate the purpose of 
the purchase.) 

Date of sale and cancellation. 

Signature of purchaser. 

Every dealer in hardware, paints and decorating materials, 
to whom a license of the fifth class is granted, shall keep a 
book in which he shall enter at the time of every sale of alco- 
hol, the date thereof, the name and residence of the purchaser, 
his residence by street and number, if there be such, the quan- 
tity and price of the alcohol sold, and the purpose for which it 
is to be used. Said book shall be in form substantially as 
follows : 



454 



Chapter 49. 



[1905 



Fraudulent 
•certificate or 
prescription; 
penalty. 



Notice not to 
sell to habit- 
ual drunkard; 
service and 
return, how 
made; civil 
liability for 
sale after 
notice. 





C 


bCt,- 










v 


a e . 












•-as 






0) 




o 

t4 






3 




3 
A 

O 




i 




o 


o 

-!-> 


a 




e3 




o 


es 




*'S<" 


S 




3 


Q 


% 


tf "- 


(S 


cu 


IX, 















Books, etc., to 
be open to in- 
spection. 



Sect. 14. Amend section 24 by striking out the word, 
"book," in the first line of said section, and by inserting 
instead thereof the word, books ; by striking out the words, 
" and the book provided for in the same section," in the sec- 
ond and third lines of said section ; by striking out the word, 
" and," in the sixth line of said section, and by adding the 
words, and prosecuting agents, at the end of said section, so 
that said section, as amended, shall read as follows : Sect. 24. 
The books, certificates and prescriptions provided for in the 
preceding section shall be at all times open to the inspection of 
the commissioners and special agents hereinbefore mentioned, 
the mayor and aldermen, selectmen, overseers of the poor, 
sheriffs, constables, police officers and prosecuting agents. 

Sect. 15. Amend section 25 by adding at the end of said 
section the following : and for any subsequent offense he shall 
be punished by a fine not exceeding fifty dollars and imprison- 
ment for not more than sixty days, so that the section, as 
amended, shall read: Sect. 25. Whoever makes or issues a 
false or fraudulent certificate or prescription referred to in sec- 
tion 23 shall be punished by a fine often dollars, and for any 
subsequent offense he shall be punished by a fine, not exceed- 
ing fifty dollars, and imprisonment for not more than sixty 
days. 

Sect. 16. Amend section 27 by striking out the whole of 
said section and by inserting in lieu thereof the following : 
Sect. 27. The husband, wife, parent, son or daughter of 
lawful age, guardian or employer of a person who has the 
habit of drinking intoxicating liquor to excess, or the mayor, 
chief of police or city marshal of the city, or one of the select- 
men of the town, or an overseer of the poor of the town or city 
in which such person lives, or any prosecuting attorney or any 
county commissioner may give notice in writing, signed by 
him or her, to any person requesting him not to sell or deliver 
such liquor to the person having such habit. The notice pro- 



1905] Chapter 49. 455 

vided for in this section may be served by any officer duly 
qualified to serve process or by any individual of lawful age. 
Such officer or individual shall make return of service of said 
notice to the clerk of the city or town in which such service is 
made, giving the name of the party on whom served, the loca- 
tion by street and number, if any, of the place of business of 
the licensee on whom service is made, and the date and hour 
of service. An officer making service of such notice shall 
make his return thereon as upon civil process. An individual 
making service of such notice shall sign and make oath to the 
return thereon. The clerk of the city or town in which such 
service is made shall receive, file and preserve a copy of such 
notice and return without charge therefor. If the person so 
notified, at any time within twelve months thereafter, sells or 
delivers any liquor to the person having such a habit, or per- 
mits him to loiter on his premises, the person giving the notice 
may, in an action of tort, recover of the person notified, not 
less than one hundred nor more than five hundred dollars, as 
may be assessed as damages ; but an employer who gives such 
notice shall not recover unless he is injured in his person or 
property, and a druggist or apothecary shall not be liable 
hereunder for a sale made upon the prescription of a physi- 
cian. A married woman may bring such action in her own 
name, and all damages recovered by her shall inure to her 
separate use. A mayor or selectman may bring such an action 
in his own name for the benefit, at his election, of either the 
husband, wife, child, parent or guardian of the person having 
such habit. Upon the death of either party or of the person 
beneficially interested in the action, the action and right of 
action shall survive for the benefit of his executor or adminis- 
trator. 

Sect. 17. Amend section 28 by inserting after the word, Regulations 
" first," at the end of the third line of said section, the words : certain^cases. 
sixth, seventh and ninth ; and by striking out the word, "class," 
in the fourth line of said section, and by inserting instead thereof 
the word classes ; so that said section, as amended, shall read as 
follows : Sect. 28. The state board of license commissioners 
are hereby authorized and empowered to prescribe regulations 
for the conduct of the traffic in liquor under any license of the 
first, sixth, seventh and ninth classes, as they may see fit, and 
whoever violates any such regulation, or any provision of this 
act or of his license, whatever its class, shall, unless otherwise 
expressly provided, be punished by a fine of one hundred dol- 
lars, the forfeiture of his license and the bond thereon, and by 
imprisonment for not more than sixt}'^ days. Such licensee 
shall be disqualified to hold a license for three years after his 
conviction, and if he is the owner of the licensed premises no 
license shall be issued to be exercised on the premises described 
in the license during the residue of the term thereof. 



456 Chapter 49. [1905 

Violations in Sect. i8. Amend section •^'? by inserting after the word, 

license town . • • - *' ® . 

howpunished. "act,"' in the third hne thereof, the words : or whoever, in such 
city or town, shall deliver, or cause to be delivered, liquor to 
any person to whom the sale or delivery is forbidden by sec- 
tions 15 and 27 of this chapter; so that said section, as 
amended, shall read as follows: Sect. 33. Whoever, in a 
city or town wherein the provisions of this act are in force, 
shall sell, or keep for sale, liquor contrary to the provisions of 
this act, or whoever, in such city or town, shall deliver, or 
cause to be delivered, liquor to any person to whom the sale 
or delivery is forbidden by sections 15 and 27 of this chapter, 
shall be punished by a fine of two hundred dollars and by 
imprisonment for not less than one month nor more than two 
years. 
Compulsory Sect. iq. Amend said chapter by adding the following 
witnesses scction : Sect. 35. Any commissioner may summon or cause 
fees of wit- ' to be summoned witnesses to appear before said board of 
nesses. license commissioners to testify at hearings before them. If 

a witness so summoned fails to appear or to give testimony in 
accordance with the summons, any justice of the superior 
court, in term time or vacation, upon application of said board, 
shall compel the witness to attend before said board and testify, 
as if he had been duly summoned to testify before said court 
in an action there pending. The fees of witnesses so sum- 
moned shall be the same as of witnesses before the superior 
court and shall be paid by the treasurer of said board. 
iK^lfosT Sect. 20. This act shall take effect May i, 1905, and all 
repealing ' acts and parts of acts inconsistent with this act are hereby 

clause. , , ^ •' 

repealed. 

[Approved March 9, 1905.] 



1905] 



Chapter 50. 



457 



CHAPTER 50. 

AN ACT RELATING TO THE INSPECTION AND LICENSING OF liOATS, AND 
THE EXAMINATION AND LICENSING OF THEIR CAPTAINS, MASTERS, 
ENGINEERS, AND PILOTS. 



Section 

1. Inspection districts created. 

2. Inspectors, appointment and duties. 

3. Boat plying waters of two districts, 

how inspected. 

4. Railroad commissioners to prescribe 

regulations. 

5. Owners to cause annual inspection 

to be made. 

6. Inspectors to fix maximum pas- 

senger accommodation. 
Additional inspection when public 

safety requires. 
If boat deemed unsafe, license to be 

revoked. 
Appeal to railroad commissioners as 

to licensing boats. 
Examination and certification of 

captains, engineers, and pilots. 
Officers to be examined under oath. 



7. 



10. 



11. 



Section 
12. Use of unlicensed boat and employ- 
ment of unlicensed officer, how 
punished. 

Carriage of passengers in excess of 
allowance, how punished. 

Assumption of duty by unlicensed 
persons and delinquencj' by 
licensed officers, how punished. 

Appeal to railroad commissioners as 
to licensing officers. 

Boats not running for hire to carry 
signal lights. 

Penalty for violation. 

Taking of excessive fees, etc., by 
inspector, how punished. 

Fees of inspectors. 

Certain fees to be paid by state. 

Repealing clause; act takes effect 
on passage. 



13. 



14. 



15. 

16. 

17. 
18. 

19. 
20. 
21. 



Be it enacted by the Senate and House of Rcp?-cseniaiives in 
General Court convened : 

Section i. For the purposes of this act the State of New 
Hampshire shall be, and hereby is, divided into three (3) dis- 
tricts. District number one shall comprise the counties of 
Rockingham, Strafford, Merrimack, Hillsborough, Cheshire 
and Sullivan. District number two shall comprise Carroll 
county and the town of Alton in Belknap county. District 
number three shall comprise all that portion of the state not 
included in the aforesaid district number one and district 
number two. 

Sect. 2. The governor with the advice of the council shall 
appoint for each of the three districts aforesaid one inspector of 
electric, naphtha, gasoline, or steam boats, whose duty it shall 
be to inspect all such boats, and the boilers and engines 
thereof, used for the carriage of passengers or freight for hire 
on any lake, river, or pond in their respective districts not sub- 
ject to the authority in this respect of the United States inspec- 
tion laws, or where inspections under such laws are not regu- 
larly made. The inspectors so appointed shall hold office for 
the term of two years. 

Sect. 3. Whenever a boat used as aforesaid plies the 
waters of two inspection districts, it shall be inspected by the 
inspector of the district in which its home port is situated ; 
provided, that in case of a boat owned by a stock company 
and plying the waters of two districts as aforesaid, the directors 
5 



Inspection 
districts cre- 
ated. 



Inspectors, 
appointment 
and duties. 



Boat plj-ing 
in two dis- 
tricts, how 
inspected. 



458 



Chapter 50. 



[1905 



Railroad com- 
missioners to 
make regula- 
tions. 



Owners to 
cause annual 
inspection. 



Passenger ac- 
commodation 
to be fixed. 



Additional 
inspections. 



If boat unsafe, 
license re- 
voked. 



Appeal as to 

licensing 

boat. 



Examination 
of officers. 



of such compan}' shall determine by vote, duly recorded and 
certified, to which of the two districts it shall be held to belong 
for the purposes of supervision and inspection. A boat licensed 
as heretofore provided in this section shall be under the super- 
vision and control of the inspector issuing the certificate, 
whether plying the waters of his district, or of another 
district. 

Sect. 4. The board of railroad commissioners shall pre- 
scribe rules and regulations governing the inspection and 
licensing of all boats referred to in this act and the equipment 
and operation thereof, copies of which shall be furnished to the 
owners or lessees and by them posted in conspicuous places on 
such boats. 

Sect. 5. The owners or lessees of every electric, naphtha, 
gasoline, or steam boat used for the carriage of passengers or 
freight for hire, as provided in section 2, shall cause it to be 
inspected by the district inspector in all its parts, its engines 
and its boilers, annually, within thirty (30) days prior to its 
engaging in the carriage of passengers or freight. 

Sect. 6. If upon such inspection the inspector finds the 
boat, its boilers and engines, to be safe and sufficient for the 
carriage of passengers and freight, he shall prescribe the max- 
imum number of passengers the boat may carry at any one 
time, and he shall give the owners or lessees a certificate and 
license accordingly. 

Sect. 7. An inspector shall examine such boat, its boilers 
and engines, at other limes as he shall deem the public interest 
and safety require, not exceeding twice in any year, to see if 
the provisions of law and the rules and regulations established 
by the board of railroad commissioners have been complied 
with. 

Sect. 8. If any boat licensed as aforesaid shall, during the 
period of its license, be deemed by an inspector unsafe in its 
hull, or defective in its engine, boilers or machinery, or if its 
owners or lessees shall have failed to comply with the rules 
and regulations prescribed as aforesaid, he shall have power 
to revoke its license and stop and detain the boat until the 
necessary repairs have been made, or until the rules and regu- 
lations have been complied with, and shall then issue a new 
certificate or license. 

Sect. 9. If the owners or lessees of boats inspected as 
aforesaid are not satisfied with an inspector's decision as to the 
licensing of such boat, they may appeal therefrom to the board 
of railroad commissioners, who after due notice and hearing 
shall determine the matters in controversy and their decision 
shall be final. 

Sect. 10. The owners or lessees of an}' boat licensed to 
carry passengers or freight for hire as provided in this chapter 
shall not employ any captain, master, engineer or pilot upon 



1905] Chapter 50. 459 

said boat unless such captain, master, engineer or pilot has 
been examined by an inspector of boats and has a certificate 
from him as to his competency- Certificates of captains, mas- 
ters, engineers and pilots shall be of two classes. A general 
certificate shall give the holder thereof the right to act on such 
a number, and such classes, of boats as the inspector issuing 
the same may designate in such general certificate. A certifi- 
cate shall give the holder thereof the right to act on the boat 
specified by name in said certificate. 

Sect, ii. All captains, masters, engineers and pilots shall Examination 

to r)P unfiGr 

be examined by the inspectors as to their competency under oath, 
oath, and power to administer oaths in such cases is hereby 
granted to inspectors. 

Sect. 12. If any person shall use any such boat for the useofunii- 

■ • ••• cGDsGd bost 

carriage of passengers or freight for hire, which, with its boil- and employ- 
ers and engines, has not been inspected and licensed, as pro- ^n°ed officer, 
vided in this chapter, or shall employ upon any such boat any J^o^' punished, 
captain, master, engineer or pilot who has not been examined 
and licensed as required by the preceding sections, he shall be 
fined not exceeding one hundred dollars, or be imprisoned not 
exceeding one year, or both. 

Sect. 13. If the owners or lessees of a boat licensed as uiegai car- 
aforesaid shall carr}' more passengers than its certificate allows, seifg^ers.^ow 
they shall be fined twenty-five dollars for each passenger published, 
carried in excess of the number so allowed. 

Sect. 14. If any person shall act as captain, master, iiiegaias- 

' ., J 1 , ,, ", -^ . 1 • sumption of 

engmeer or pilot on any boat without the certificate herein duty and 
required, or if any captain, master, engineer or pilot shall, howpim^^^' 
during the period for which he is licensed, neglect his duties '^^®^- 
or be of intemperate habits, or violate any of the rules and 
regulations established by the railroad commissioners ; or if 
any engineer shall carr}^ more steam than the certificate for his 
boat allows, or shall in any way or manner interfere with the 
locked safety valve of the boiler, after the same has been set 
by the inspector, so as to allow greater pressure in the boiler 
than the amount specified by the certificate, his license shall be 
suspended or revoked by the inspector, and he may be pun- 
ished by fine not exceeding one hundred dollars, or by impris- 
onment not exceeding one year, or by both such fine and 
imprisonment. 

Sect. 15. If any person is not satisfied with the decision Appeal as to 
of an inspector in the matter of licensing a captain, master, offl^c'ers.^ 
engineer or pilot, or of revoking a license as aforesaid, he may 
appeal therefrom to the board of railroad commissioners, who 
after due notice and hearing shall determine the matters in 
controversy and their decision shall be final. 

Sect. 16. The owners or lessees of any private steam, Boatsnot 
electric, naphtha, or gasoline launches or boats not running h"ire°to^arry 
for hire, shall carry signal lights from sunset to sunrise, and ^^^^^^- 



460 



Chapter 50. 



[1905 



Penalty for 
violation. 



Taliing of ex- 
cessive fees, 
how pun- 
ished. 



Fees of in- 
spectors. 



Certain fees 
to be paid by 

state. 



Repealing 
clause; act 
takes effect 
on passage. 



in every way comply with the rules and regulations for the 
government of captains, masters, engineers and pilots on boats 
navigating the inland waters of New Hampshire. 

Sect. 17. If any party shall violate the provisions of sec- 
tion 16, he shall be lined not less than ten dollars for each 
offense, or imprisoned for not less than thirty days, or both. 

Sect. 18. If any inspector of boats upon any pretense, 
receives any fee or reward for his services except what is 
allowed to him by law, he shall forfeit his office, and be pun- 
ished by a fine not exceeding five hundred dollars, or by 
imprisonment not exceeding six months, or by both. 

Sect. 19. Inspectors shall be allowed six cents a mile 
travel by the most direct route to and from any boat inspected 
or examined ; five dollars for each boat inspected and certified 
or examined, and one dollar for each certificate of a captain, 
master, engineer or pilot, all of which shall be paid by the 
owners or lessees of such boats. Inspectors shall be allowed 
three dollars for each general certificate of a captain, master, 
engineer or pilot, which shall be paid by the person in whose 
name such certificate is issued. 

Sect. 20. For attendance upon hearings before the rail- 
road commissioners, inspectors shall be paid three dollars per 
day and actual expenses. Fees for occasional examinations, 
as required by section 7 of this chapter and amounts due 
for attendance upon hearings before the railroad commission- 
ers, shall be paid from the state treasuiy upon warrant of the 
governor. All bills for such fees shall be subject to revision 
by the governor and council in case of any complaint. 

Sect. 21. Chapter 119 of the Public Statutes and all 
amendments thereof, and chapter 82, Laws of 1899, are 
hereby repealed, and this act shall take effect upon its 
passage. 

[Approved March 9, 1905.] 



1905] 



Chapter ^I 



461 



CHAPTER 51. 

AN ACT IN AMENDMENT OF CHAPTER 59, LAWS OE 1895, AS AMENDED 
BY CHAPTER 25, LAWS OF 1901, AND CHAPTERS 69 AND 135, LAWS 
OF 1903, RELAT[N(^ TO THE MILITIA. 



Section 

1. OfHcers.with active militia on peace 

footing. 

2. Regimental field and staff officers. 

3. Inspector of rifle practice, duties. 

4. Order for raising company, when 

issued. 

5. Description book and enlistment pa- 

pers. 

Valid enlistment, what shall consti- 
tute. 

Date of organization; organization, 
how designated; duty of command- 
ing officer. 

New enlistments in existing organ- 
izations. 



S. 



Section 

9. Bands, how raised; instruments and 
uniforms. 

10. Uniforms, arms, and equipment of 

new company, how issued. 

11. Company drill. 

12. Competitive rifle practice. 

13. Warning of parade, how given. 

14. Pay of inspector of rifle practice. 

15. Pay for attendance at rifle competi- 

tions, etc. 

16. Brevet rank, upon whom conferred; 

retired list. 

18 [17]. Medical examiner of recruits. 

19 [18]. Medicalofficer of cavalry troop. 

20 [19]. Repealing clause; act takes ef- 

fect on passage. 



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

Section i. Amend chapter =50, Laws of 180=;, as amended omcers.with 

activ© militia. 

by chapter 25, Laws of 1901, and chapter 135, Laws of 1903, on peace 
as follows : by striking out section 37, and substituting there- °-'"°^- 
for the following : Sect. 37. On a peace footing, to each troop 
of cavalry there shall be one captain, one first lieutenant, one 
second lieutenant, one first sergeant, one quartermaster-ser- 
geant, one stable sergeant, five sergeants, five corporals, two 
trumpeters, and not more than fifty nor less than thirty pri- 
vates. To each company of infantry there shall be one cap- 
tain, one first lieutenant, one second lieutenant, one first ser- 
geant, one quartermaster-sergeant, four sergeants, not to 
exceed six corporals, two musicians, and not more than forty- 
foui" nor less than twenty privates. To each four-gun battery 
there shall be one captain, one senior first lieutenant, one jun- 
ior first lieutenant, one second lieutenant, one first sergeant, 
one quartermaster-sergeant, one stable sergeant, five sergeants, 
eight corporals, two artificers, two trumpeters, and not more 
than fifty-seven nor less than thirty-six privates. To the sig- 
nal corps there shall be one sergeant and not more than eight 
privates : and to the hospital corps, one hospital steward, and 
not less than eight nor more than twelve privates. The com- 
mander-in-chief may, at his discretion, authorize the enlist- 
ment of not more than two cooks to each organization. In 
actual service, when the exigency of the case requires it, the 
commander-in-chief may by proclamation authorize enlistments 
to the maximum standard of similar organizations in the army 



462 



Chapter 51. 



[1905 



Regimental 
field and staff 
officers. 



Inspector of 
rifle practice, 
duties. 



Order for 
raising com- 
pany, when 
issued. 



Descriptive 
book and 
enlistment 
papers. 



of the United States, and when the exigency ceases, he shall 
by proclamation order the reduction of such organizations, in 
the most expedient way, to the limit on a peace footing. 

Sect. 2. [Further amend said chapter 59] by striking out 
section 38, and substituting the following : Sect. 38. To each 
regiment of infantry there shall be one colonel, one lieutenant- 
colonel, one major tor each four companies, — and a regimental 
staff to be appointed by the colonel and removable at his pleas- 
ure, to consist of one surgeon with the rank of major, one 
assistant surgeon with the rank of captain, both of whom shall 
be graduates of some incorporated school of medicine and shall 
be practising physicians, one paymaster who shall be the mus- 
tering officer and who shall give the bond required in section 
21, one chaplain, one adjutant, one quartermaster, who shall 
act as paymaster when the office of paymaster is vacant, one 
commissary, and one inspector of rifle practice, each with the 
rank of captain ; and a non-commissioned staff', to consist of 
one sergeant-major, one quartermaster-sergeant, one commis- 
sary-sergeant, one hospital steward, who shall be a registered 
pharmacist, and one chief trumpeter, who shall be regularly 
enlisted. 

Sect. 3. [Further amend said chapter 59] by striking out 
section 41, and substituting therefor the following: Sect. 41. 
The instruction in rifle practice shall be in conformity to the 
usages and practices of the army of the United States, under 
the direction of the brigade and regimental inspectors of rifle 
practice. The brigade commander may cause to be issued 
such orders as may be necessary for practice and instruction, 
each season subject to the approval of the commander-in-chief. 
The inspector shall, within thirty days of the completion of the 
practice season, report the result of the same to the brigade 
commander, who shall, within the next ten days thereafter, 
forward such report to the adjutant-general. He shall also for- 
ward to the adjutant-general, through the brigade commander, 
within thirty days after the close of the season of rifle practice, 
a list of all commissioned officers and enlisted men who have 
qualified or requalified in the several classes as marksmen or 
sharpshooters. 

Sect. 4. [Further amend said chapter 59] by striking out 
section 43 and substituting therefor the following ; Sect. 43. 
When a petition for raising a company has been signed by not 
less than seventy-five citizens of the town where such organ- 
ization is to be raised, and when it shall appear that suitable 
armory accommodations can be secured, the order for raising 
the same may be issued, and the adjutant-general, on applica- 
tion therefor, shall furnish the petitioners with a descriptive 
book and enlistment papers. 

Sect. 5. [Further amend said chapter 59] by striking out 
section 44, and substituting therefor the following : Sect. 44. 



1905] Chapter 51. 463 

The descriptive book and enlistment papers shall conform to 
those in use in the United States army. 

Sect. 6. TFurther amend said chapter "^ol by strikinj^ out vaiid eniist- 

- J I .•* i.- ii i- ii r 11 • ' c^ - ment. what 

section 45, and substituting therefor the lollowing : Sect. 45. constitutes. 
Signing the enlistment paper and taking the required oath 
shall constitute a valid enlistment for three years into the com- 
pany mentioned therein, and no person shall be considered 
enlisted, or entitled to pay or compensation, until he is so 
enlisted. 

Sect. 7. [Further amend said chapter 59] by striking out pate of organ- 
section 50, and substituting therefor the following : Sect. 50. 
The date of the organization shall be the day of the meeting 
first held under an order for the nomination of its officers. 
The organization shall be designated by alphabetical letters, 
and have seniority according to the dates of the commissions 
of the commanding officers. As soon as any organization is 
perfected in accordance with the provisions of this chapter, the 
commanding officer, after having copied the enlistment papers 
of the company in the descriptive book, shall forward them at 
once to the adjutant-general. 

Sect. 8. TFurther amend said chapter Kql by striking out Neweniist- 

1 1 •, .■ ,1 r .1 r 11 • o ments in ex- 

section 51, and substituting thereior the lollowing : Sect. 51. isting- organ - 
Whenever new enlistments are made in any existing organiza- ^^'^'^''^"'■• 
tion, the commanding officer shall forward the enlistment 
papers of men so enlisted to the adjutant-general. 

Sect. q. [Further amend said chapter <,<)'] by striking out Bands, how 
section 52, and substituting therefor the following : Sect. 52. ments and 
The colonel of each regiment may raise by enlistment a band 
not exceeding twenty-five musicians, including one chief musi- 
cian, one principal musician, and one drum-major, to be 
attached to his regiment, and may issue his warrant to the 
same ; provided, that the members of such band shall furnish 
their own instruments. The state uniform shall not be worn 
except when the band is ordered out by the commander of the 
regiment, or by his permission. 

Sect. 10. [Further amend said chapter 59] by striking out uniforms, 
section 72, and substituting therefor the following : Sect. 72. compJinjshow 
When a company has provided a suitable armory, upon filing '^^"®''- 
in the office of the adjutant-general satisfactory evidence 
thereof, with the enlistment papers of the company, the com- 
mander-in-chief may issue his orders for the delivery to its 
commanding officer of the necessary uniforms, arms, and 
equipments. Upon receiving the same, such officer shall 
receipt therefor to the adjutant-general, and file in his office a 
bond in the sum of five hundred dollars, with sufficient sureties 
to hold the same for the use of his company, to keep them in 
good order, and to return or transfer them according to any 
legal order thereof. Any other officer receiving and responsi- 



464 



Chapter 51. 



[1905 



Company 
drill. 



Competitive 
rifle practice. 



Warning of 
parade, how 
given. 



Pay of in- 
spector of 
rifle practice. 



Pay for at- 
tendance at 
rifle competi- 
tions, etc. 



Brevet rank, 
upon whom 
conferred; 
retired li.st. 



ble for the military property of the state shall file a similar bond 
in such sum as may be required b}- the adjutant-general. 

Sect. ii. [Further amend said chapter 59] by striking out 
section 75, and substituting therefor the following: Sect. 75. 
Each company of the New Hampshire National Guard shall 
drill at least twenty-four times in each year, each drill to be 
not less than one and a half hours long; provided, that the 
commanding officer may order drills more frequently. 

Sect. 12. [Further amend said chapter 59] by striking out 
section 77, and substituting therefor the following: Sect. 77. 
There shall be such competitions in rifle practice during each 
season, and such buttons, badges, bars, and trophies, awarded 
to officers, men, and orgaqizations qualifying in the several 
classes, or winning the same, as the commander-in-chief may 
direct. 

Sect. 13. [Further amend said chapter 59] by striking out 
section 93, and substituting therefor the following: Sect. 93. 
Such non-commissioned officers shall warn every person whose 
name is so inserted, except as provided in the preceding sec- 
tion, by delivering to him in person, or mailing to his last 
known address, or leaving at his abode, the written order at 
least four days previous to the time of parade. They shall 
receive one dollar each for making such service. The non- 
commissioned officers delivering such warnings shall within 
four days make a return thereof containing the names of the 
persons warned and the time, place, and manner of warning. 

Sect. 14. [Further amend said chapter 59] by striking out 
section loi, and substituting therefor the following : Sect. ioi. 
The inspector of rifle practice shall receive the pay of his rank 
when necessarily on duty in imparting instructions or attend- 
ing competitions, together with his necessary expenses, but the 
total amount for pay and expenses shall not exceed three hun- 
dred dollars per annum. 

Sect. 15. [Further amend said chapter 59] by striking out 
section 103, and substituting therefor the following : Sect. 103. 
Officers, non-commissioned officers, musicians, and privates 
shall be paid for attendance and performance of duty at the 
several rifle and revolver competitions when ordered by the 
commander-in-chief, the same pay and allowance as w^hen 
ordered to attend encampments, and fifty cents each for duty 
at the annual inspection, but no compensation shall be allowed 
for any other company parade or drill. 

Sect. 16. [Further amend said chapter 59] b}' striking out 
section 130, and substituting therefor the following : Sect. 130. 
The commander-in-chief is hereby authorized to confer upon 
such citizens of this state as shall have faithfully served as 
commissioned officers in the New Hampshire National Guard 
continuously for the term of fifteen years, a brevet rank of not 



1905] Chapter 51. • 465 

more than one grade higher than the highest grade held by 
them during their term of service. Any commissioned officer 
who shall have been a member of the New Hampshire National 
Guard continuously for a period of not less than ten years, may 
at his own request, or upon his honorable discharge from the 
service of the state, be placed upon the retired list, to be kept 
hereafter in the office of the adjutant-general. Officers so 
retired shall receive no pay or allowance, but shall retain their 
rank and are permitted to wear the uniform of their grade upon 
all public occasions. 

Sect. i8. [17. Further amend said chapter 59] by adding Medical ex- 
the following sections : Sect. 135. The commander-in-chief recruits, 
may at his discretion appoint in each town or city where mili- 
tary companies are located, a practising physician who shall be 
a graduate of some incorporated school of medicine, who shall 
make the medical examination of recruits required by law, and 
who shall receive as compensation the sum of fifty cents for 
each examination made. The physician appointed under this 
section shall furnish captains with a certificate of each exam- 
ination made and shall forward to the adjutant-general monthlv 
a report of all examinations. 

Sect. 19. [18. Further amend said chapter 59 by adding Medical om- 
the following:] Chapter [Sect.] 136. The commander-in- mfop.^*^^ ^'^ 
chief may, in his discretion, appoint an acting assistant sur- 
geon with the rank of first lieutenant, who shall be a graduate 
of some incorporated school of medicine and a practising phy- 
sician, for duty as medical officer of the troop of cavalry, and 
when on duty under proper authority he shall be entitled to 
the pay of a lirst lieutenant mounted. 

Sect. 20 [19]. All acts and parts of acts inconsistent with Repealing 
this act are hereby repealed and this act shall take effect upon takes^effect 

its passage. on passage. 

[Approved March 9, 1905.] 



466 



Chapter 52. 



[1905 



CHAPTER 52. 

AN ACT TO AMEND CHAPTERS 26, 212, AND 287 OF THE PUBLIC STAT- 
UTES, STRIKING OUT THE WORDS " CORONER " AND "CORONERS," 
WHEREVER THEY APPEAR IN SAID CHAPTERS. 



County offi- 
cers to give 
bond. 



Title 
amended 



Section 

1. County officers to give bond. 

2. Title amended; if sheriff' party, med- 

ical referee to serve writ; not dis- 
qualified where town a party; pen- 
alty for neglect to serve writ. 



Section 

3. Fees of witnesses; fees of medical 

referees and constables. 

4. Takes effect on passage. 



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

Section i. Section i of chapter 26 of the Public Statutes 
is hereby amended by striking out the words " and coroners"' 
in the third Hne and inserting the word and after the word 
" deeds" and before the word " registers" in the second line ; 
so that said section, as amended shall read as follows : Sec- 
tion I. Before performing any official act, sheriffs, county 
solicitors, county treasurers, registers of deeds and registers of 
probate shall give bond to the county, with sufficient sureties, 
and with a condition in substance as follows : The condition 

of this obligation is that if said who has been elected to 

(or appointed to, as the case may be) the office of for said 

county of for the term beginning shall faithfully per- 
form all the duties of said office, and shall discharge and sat- 
isfy all the liabilities for which he is by law officially answer- 
able, this obligation shall be void. In the bonds of sheriffs, 
registers of deeds and registers of probate, after the word 
" answerable" there shall be inserted the words including his 
liability for the official conduct, neglects and misdoings of his 
deputies. 

Sect. 2. Amend the title of chapter 212 of the Public Stat- 
utes by striking out the word "coroners"' and inserting in 
place thereof the words: medical referee; so that said title, as 
amended, shall read as follows: Sheriffs, medical referees 
and constables. Amend sections 4, 6 and 16 of said chapter 
212 by striking out the word " coroner " wherever it appears 
in said sections and inserting in place thereof the words medi- 
cal referee, so that said sections, as amended, shall read as 
follows: — Sect. 4. When the sheriff is a party, or related to 
fcaTref?ree to either party, or interested in the suit, the writ shall be directed 
to and served by a medical referee ; and on the trial of the suit 
the medical referee shall return talesmen and attend the jury, 
and shall have the powers and be subject to the liabilities, in 
relation thereto, of the sheriff in like cases. Sect. 6. No 
sheriff, deputy sheriff, medical referee or constable is disquali- 



If sheriff 



serve writ. 



1906] 



Chapter 53. 



467 



fied to serve a writ or other precept in which a town or other Notdisquai- 
corporation is a party by reason ol' his being a citizen of the town a party, 
town or a member of the corporation. Sect. i6. Any sheriff", penalty for 
deputy sheriff', medical referee or constable who refuses or °®f?i®ct. 
neglects, on demand, to pay to an execution creditor any 
money received by him on the execution for the creditor, shall 
pay ffve times the lawful interest thereon for the time he detains 
it after demand. 

Sect. 3. Amend section 13 of chapter 287 of the Public Fees of wu- 
Statutes by striking out the word "coroners" in the fourth 
line thereof and inserting in place thereof the words medical 
referees ; so that said section, as amended, shall read as fol- 
lows : — [Sect. 13.] The fees of witnesses shall be, for each 
day's attendance at the supreme and probate courts, and be- 
fore auditors and referees, one dollar and twenty-five cents; 
for each day's attendance before justices, police courts, and 
medical referees, sixty-five cents ; for each mile's travel to and 
from the place of testifying, six cents. Amend section 19 of f^^i^^lJl 
said chapter 287 by striking out the word " coroners " in the ^f^^*^ 
first line thereof, and inserting in place thereof the words 
medical referee; so that said section, as amended, shall read 
as follows : Sect. 19. Medical referees and constables shall 
be entitled to the same fees as sheriffs in like cases. 

Sect. 4. This act shall take efflect upon its passage. onpassage.* 

[Approved March 9, 1905.] 



Fees of med- 
ees 
consva- 



CHAPTER 53. 

AN ACT TO AMEND SECTION 7 OF CHAPTER 32 OF THE PUBLIC STAT- 
UTES RELATING TO SUPERVISORS OF THE CHECK-LIST, AND THE CHECK- 
LIST. 



Section 
1. Corrected check-list to contain names 
of legal voters; examinations for 
illiteracy, how conducted. 



Section 
2. Takes effect May 1, 1905. 



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

Section i. Amend section 7 of chapter 32 of the Public corrected 
Statutes by striking out all of section 7 and inserting in its containnames 
place the following : Sect. 7. The supervisors shall hear all ersrilamina- 
applications for a correction of the check-list, and the evidence nnflracr. 
submitted thereon and shall correct it according to their best 
knowledge, so that it shall contain the names of those persons 
only who are legal voters in the town. They may administer 



468 



Chapter 54. 



[1905 



Takes effect 
May ] , 1905. 



oaths to persons who appear to testify before them. The qual- 
ifications of an applicant shall be determined by the super- 
visors, who shall examine him under oath relative thereto, and 
shall, unless he is prevented by physical disability, or unless 
he had the right to vote, or was sixty years of age or upwards, 
on the first day of January in the year nineteen hundred and 
four, require him to write and to read in such manner as to 
show that he is not being assisted in so doing and is not recit- 
ing from memory. Supervisors shall be provided by the sec- 
retary of state with a copy of the constitution of the state 
printed on uniform pasteboard slips, each containing five lines 
of the constitution, printed in double small pica type and suit- 
able writing books in which to write. The supervisors shall 
place said slips in a box provided by the secretary of state, 
which shall be so constructed as to conceal them from view. 
Each applicant shall be required to draw one of said slips from 
the box and read aloud the five lines printed thereon and to 
write one line printed on said slip and sign his name thereto, 
in full view and hearing of the supervisors. Each slip shall 
be returned to the box immediately alter the test is finished, 
and the contents of the box shall be shaken up by a supervisor 
before anotiier drawing is made. No person failing to read 
the constitution as printed on the slip tiius drawn, and to write 
as aforesaid, shall be registered as a voter. The supervisors 
shall keep said slips in said box at all times. The secretary 
of state shall upon request provide new slips and writing books 
to replace those used up, worn out, or lost. 

Sect. 2. This act shall take effect and be in force on and 
after the first day of May next. 

[Approved March 9, 1905.] 



CHAPTER 54. 

AN ACT TO AMEND SECTION 1 1 OF CHAPTER 141 OF THE PUBLIC STAT- 
UTES RELATING TO THE LIEN UPON BRICK. 



Lien of brick- 
makers, etc. 



Section 
1. Lien of brickmakers, etc. 



Section 
2. Takes effect on passage. 



Be it enacted by the Senate and House of Representatives m 
General Conrt convened : 

Section i. Amend section ii of chapter 141 of the Public 
Statutes by striking out said section, and inserting in lieu 
thereof tlie following: — Sect. ti. If a person shall perform 
labor or furnish materials or fuel to the amount of fifteen dol- 
lars or more for the making of brick, by virtue of a contract 
with the owner thereof, he shall have a lien upon said materials 



1905] Chapters 55, oii. 469 

and fuel and upon the brick with the kihi containing said brick, 
for such labor, materials or fuel. Said lien shall continue for 
ninety days after said brick are burned, and may be secured 
by attachment as provided in section 17 of chapter 141 of the 
Public Statutes. 

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

1 r t> on passage. 

[Approved March 9, 1905.] 



CHAPTER 55. 

AN ACT IN AMENDMENT OF SECTION 15 OF CHAPTER 162 OF THE PUB- 
LIC STATUTES, RELATING TO THE APPOINTMENT OF AN ASSIGNEE OF 
A BANK. 

Section 1. Receiver for bank, how appointed. 

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

Section i. That section 15 of chapter 162 of the Public Receiver for 
Statutes be amended by striking out the word, " supreme" in appointed, 
the first line of said section, and inserting in place thereof the 
word superior and by striking out the word " assignee " in the 
second and fourth lines of said section, and inserting in place 
thereof the word receiver, so that said section as amended shall 
read, as follows — Sect. 15. In either of such cases they may 
apply to the superior court or a justice thereof to appoint a 
receiver of the property and effects of the institution. The 
court or justice may appoint a receiver and prescribe orders 
and rules by which he shall be governed. 

[Approved March 9, 1905.] 



CHAPTER 56. 



AN ACT PROHIBITING TREASURERS OF SAVINGS BANKS AND SAVINGS 
DEPARTMENTS OF BANKING AND TRUST COMPANIES, FROM RETAINING 
CUSTODY OF INDIVIDUAL DEPOSIT BOOKS OF THEIR DEPOSITORS. 



Section 
1. Retention of book for more than ten 
days illegaL 



Section 
2. Takes effect on passage. 



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

Section i. It shall be unlawful for the treasurer of any Retention for 
savings bank, trust company, loan and trust company, loan daTli*ne|ai^° 
and banking company, and other similar corporations receiv- 



470 Chapter 57. [1905 

ing savings deposits or transacting the business of a savings 
bank, to retain in his custody for more than ten days at a time, 
any savings-bank book belonging to a depositor of said com- 
pany or corporation except when held by the bank as collateral 
security, 
onp^aksfge! Sect. 2. This act shall take effect upon its passage. 

[Approved March 9, 1905.] 



CHAPTER 57. 

AN ACT IN AMENDMENT OF SECTION 4 OF CHAPTER 246 OF THE PUBLIC 
STATUTES, RELATING TO ACTIONS AGAINST TENANTS. 



Section 
1. Demand of rent of lessee, how to be 
made. 



Section 
2. Takes effect on passage. 



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

Demand of SECTION I. Amend section 4 of chapter 246 of the Public 

t*6iit of Igsspg 

how to be" ' Statutes by adding to said section at the end thereof the follow- 
™^ ^' ing : Where, to constitute a forfeiture for a violation of the 

condition of a written lease a demand of rent is required, such 
demand may be made in writing of the lessee in person, wher- 
ever he may be found, or by leaving said demand at the usual 
place of abode of the lessee. And such demand may be made 
when the rent is due or while it is in arrears, but the lessor 
shall not demand a greater sum than the whole rent in arrears 
when demand is made. No forfeiture shall be incurred for 
non-payment of rent if the lessee before the expiration of the 
notice shall pay or tender to the lessor all rent in arrears, 
together with the sum of five dollars as damages and costs 
occasioned by his default. 
Takes effect Sect. 2. This act shall take effect upon its passage. 

on passage. 

[Approved March 9, 1905.] 



1905] Chapters 58, 59. 471 

CHAPTER 58. 

AN ACT TO AMEND CHAPTER 94 OF THE PUBLIC STATUTES RELATING 
TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Section I Section 

]. Traveling expenses allowed. I 2. Takes effect on passage. 

3e it enacted by the Senate and House of Representatives in 
General Court convened: 

Section i. Amend chapter 04 of the Public Statutes bv '^'''"'®"°F ^^" 

IT 1 r 11 • • c< rw^y i- "^ penses al- 

adding the lollowing section: Sect. ii. 1 he travehng ex- lowed, 
penses necessaril}'^ incurred by the superintendent of public 
instruction in the performance of the regular duties of his office 
shall be paid as audited and allowed by the governor and 
council, not to exceed one hundred and fifty dollars ($150) in 
any one year. 

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

on passage. 

[Approved March 9, 1905.] 



CHAPTER 59. 

AN ACT TO AMEND SECTIONS 3 AND 4 OF CHAPTER 92 OF THE PUBLIC 
STATUTES, RELATING TO SCHOOL BOARD. TEACHERS, AND TRUANT 
OFFICERS, 

Section ] Section 

1. Dismissal of teachers by school ' 2. Takes effect on passage. , 

board; district liable for salary of 
teacher wrongfully dismissed. | 

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

Section i. Sections 3 and 4 of chapter 92 of the Public Dismissal of 
Statutes are hereby repealed and the following inserted in their schooi^boa^rd ; 
place. Sect. 3. They may dismiss any teacher found by fofJiurj^^^^ 
them to be immoral or incompetent or who shall not conform wrongfuiiv 
to the regulations prescribed ; provided, hozvever, that no dismissed'. 
teacher shall be so dismissed before the expiration of the period 
for which said teacher was engaged without having previously 
been notified of the cause of such dismissal, and provided, 
furtJier^ that no teacher shall be so dismissed without having 
previously been granted a full and fair hearing. Sect. 4. 
The district shall be liable in the action of contract to any 



472 



Chapter 60. 



[1905 



Takes effect 
on passage. 



teacher dismissed in violation of the provisions of the preceding 
section to the extent of the full salary for the period for which 
such teacher was engaged. 

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

[Approved March 9, 1905.] 



CHAPTER 60. 



AN ACT AMENDING CHAPTER 134 OF THE SESSION LAWS OF 1903^ 
ENTITLED "AN ACT ESTABLISHING THE OFFICE OF MEDICAL REFEREE 
AND AMENDING CHAPTER 262 OF THE PUBLIC STATUTES RELATING 
TO coroner's INQUEST." 



Section 

1. Number of medical referees for each 

county. 

2. Examinations, when made and how 

conducted. 

3. Inquests, when held and how con- 

ducted. 



Section 

4. Prosecuting officers not concluded by 

report of natural death. 

5. Accounts of referees to be audited; 

fees of referees. 

6. Repealing clause; act takes effect 

on passage. 



Number for 
each county. 



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

Section i. Amend section 2 of chapter 134 of the Laws 
of 1903 by striking out all of the same after the word " each " 
in the fifth line thereof, and inserting in place thereof the fol- 
lowing : — and whenever, from ill health or other cause, such 
referee cannot be obtained within a reasonable time, the county 
solicitor may appoint a competent physician to act on the par- 
ticular case, who shall be sworn to the faithful performance of 
his duty in accordance with the provisions of this chapter ; so 
that said section, as amended, shall read as follows : — Sect. 2. 
The number of medical referees, appointed as provided in the 
preceding section, shall be as follows : For the counties of 
Merrimack, Cheshire, Sullivan, Belknap, Carroll and Straf- 
ford, one each. For Rockingham and Coos, two each, and 
for Grafton, and Hillsborough, three each, and whenever, 
from ill health or other cause, such referee cannot be obtained 
within a reasonable time, the county solicitor may appoint 
a competent physician to act on the particular case, who shall 
be sworn to the faithful performance of his duty in accordance 
with the provisions of this chapter. 

Sect. 2. Strike out all of section 5 of said chapter and 
made amThow insert in place thereof the following: — Sect. 5. It shall be 
conducted. <^^ duty of anyone finding the body of any person who is sup- 
posed to have come to his death by violence or unlawful act to 
immediately notify the medical referee and the county solicitor 



Examina- 
tions, when 



1905] Chapter 60. 473 

for the county wherein the body is found. When the medical 
referee has notice that there has been found or is lying within 
his county, the body of a person who is supposed to have come 
to his or her death by violence or unlawful act, he shall forth- 
with repair to the place where such body lies and take charge 
of the same and before said body is removed he shall reduce 
or cause to be reduced to writing a description ot the location 
and position of the body and any and all facts connected with 
said body and its surroundings that may be important in deter- 
mining the cause of death, and if on view thereof and personal 
inquiry into the cause and manner of death he deems a further 
examination necessary, he shall at once notify the county 
solicitor of such county, and upon being authorized or directed 
by said solicitor he shall make an autopsy in the presence of a 
physician and one other discreet person. He may compel the 
assistance of such persons and witnesses by subpoena, if nec- 
essary, and he shall then and there at the time of said autopsy 
reduce or cause to be reduced to writing every fact and circum- 
stance disclosed by such autopsy tending to show the manner 
and cause of death, which report shall be signed by himself 
and the witnesses whom he has summoned, who shall, in addi- 
tion to their names, subscribe their address and place of 
residence. 

Sect. 3. Amend section 7 of said chapter by striking out inquests, 
all of said section after the words " criminally implicated'' in rndhowcon- 
the third line thereof and inserting in place thereof the follow- "i"^*^^- 
ing : — may, when deemed necessary, authorize the medical 
referee to take an inquest upon the view of the dead body of a 
person whose death is supposed to have been occasioned 
unlawfully, and said medical referee shall thereupon summon 
to appear before him such witnesses as the attorney-general or 
county solicitor may direct, who shall be examined under oath 
by said attorney-general or county solicitor. The testimony of 
each witness shall be reduced to writing, either by the medical 
referee or by a stenographer or other competent person 
appointed by him, and shall be signed by the witness and 
sworn to. The medical referee who shall preside at such 
inquest shall report in writing his conclusions, when, where, 
and by what means the person came to his death, to the 
superior court of the county, and furnish a copy to the attorney- 
general and county solicitor, and, if it appears to him that it 
was a case of homicide, he shall state the name of the person 
who contributed to such death, if known to him. The attorney- 
general and count}'^ solicitor shall then proceed to execute the 
laws of the state governing the office w^hich they hold, and 
may direct the holding of witnesses as they shall deem neces- 
sary ; so that said section, as amended, shall read as follows : — 
Sect. 7. The attorney-general or county solicitor on receiv- 



4T4 Chapter 60. [1905 

ing the report of the medical referee and finding some person 
or persons are probably implicated, may, when deemed neces- 
sary, authorize the medical referee to take an inquest upon the 
view of the dead body of a person whose death is supposed to 
have been occasioned unlawfully, and said medical referee 
shall thereupon summon to appear before him such witnesses 
as the attorney-general or county solicitor may direct, who 
shall be examined under oath by said attorney-general or 
county solicitor. The testimony of each witness shall be 
reduced to writing, either by the medical referee or by a sten- 
ographer appointed by him, and shall be signed by the witness 
and sworn to. The medical referee who shall preside at such 
inquest shall report in writing his conclusions, when, where, 
and by what means the person came to his death, to the supe- 
rior court of the county, and furnish a copy to the attorney- 
general or county solicitor, and, if it appears to him that it was 
a case of homicide, he shall state the name of the person who 
contributed to such death, if known to him. The attorney- 
general and county solicitor shall then proceed to execute 
the laws of the state governing the office which they hold, 
and may direct the holding of witnesses as they shall deem 
necessary, 
natural d'eath Sect. 4. Amend scction 8 of said chapter by striking out 
notconeiu- the words "state's attorney" in the second line of said section 
and inserting in place thereof the following words : attorney- 
general ; so that said section, as amended, shall read as fol- 
lows : — Sect. 8. If a medical referee reports that a death 
was not caused by violence, or unlawful act and the attorney- 
general or county solicitor is of a contrary opinion, nothing in 
this act shall be construed to prevent either of these officers 
directing an inquest in accordance with this act. 
Accounts of Sect. i^. Strike out all of section 12 of said chapter, and 

audited; fees, insert in place thereof the following : — Sect. 12. Every med- 
ical referee shall render an account of the expenses of each 
case, including his fees, to the county solicitor, who shall audit 
and approve the same before it is paid by the county treasurer, 
and the fees allowed the medical referee shall not exceed the 
following, viz : for a view and inquiry without an autopsy, 
five dollars ; for a view and autopsy, twenty-five dollars ; for 
an inquest, ten dollars per day for the time actually spent in 
holding such inquest : and for all necessary travel at the 
rate of six cents a mile. Witnesses summoned to testify at 
such inquest shall be allowed the same fees now allowed in 
justice courts. 
Repealing Sect. 6. All acts and parts of acts inconsistent with this 

takereffect act are hereby repealed and this act shall take effect upon its 

on passage. passage. 

[Approved March 9, 1905.] 



1905] 



Chapters 61, 62. 
CHAPTER 6i. 



476 



AN ACT AUTHORIZING CORPORATIONS TO INCLUDE ITS FRANCHISES IN ANY 
MORTGAGES THAT THE CORPORATION MAY LAWFULLY MAKE. 



Section 
1. Authority granted. 



Section 
2. Takes effect on passage. 



Be it enacted by the Senate a7id Hozise of Representatives in 
General Court convened: 

Section i. A corporation which may lawfully mortgage Authority 
its property may also include its franchises in such mort- ^^^^ ^ 
gage. 

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



Takes effect 
on passage. 



[Approved March 9, 1905.] 



CHAPTER 62. 



AN ACT IN AID OP AND FOR THE RELIEF OF DEPOSITORIES. 



Section 

1. Claimant of property in suit to be 

summoned. 

2. Court to have custody pending no- 

tice. 

3. Procedure if claimant appears; bond 

by plaintiff in certain cases. 



Section 

4. Party taking judgment to satisfy 

lien; costs, by whom paid. 

5. Procedure if defendant disclaims ti- 

tle. 

6. Repealing clause; act takes effect on 

passage. 



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

Section i. Whenever in any action, bill in equity, peti- claimant to 

,, Til-. -^^be summoned. 

tion, or other process, directed against any person or persons, 
corporation, warehouse-company, depository, savings bank, 
or finder, it shall appear that the defendant has no title to or 
claim against the property, chattel, money, goods or deposit, 
sought to be recovered by such action, bill, petition or other 
process, otherwise than by lien, and that some person or per- 
sons, other than the plaintiff, does, or may claim the same, or 
may be entitled thereto, it shall be the duty of the court wherein 
such proceeding is pending, to summons such other party or 
parties by scire facias if they are known, and if not known, 
then by publication. 

Sect. 2. Prior to the issuing of such notice, the court shall courthascus- 
receive the custody of the property, chattel, money, goods or notuse.^'^'^^^^ 
deposit, and may make such order or orders for the holding of 



476 



Chapter 62. 



[1905 



Procedure if 
claimant ap- 
pears; bond 
in certain 
cases. 



Party taking 
judgment to 
satisfy lien; 
costs, by 
whom paid. 



Procedure if 
defendant dis- 
claims title. 



Repealing 
clause; act 
takes effect 
on passage. 



the same, pending the determination of the right of the claim- 
ant or claimants thereto as justice may require. 

Sect. 3. After such summons whether personal or bv pub- 
lication any claimant or claimants may appear upon such 
terms and by giving such security for costs as to the court may 
seem just, and if no claimant appears, judgment may be given 
for the plaintiff by default, as in other cases. Provided^ how- 
ever, that where notice is given by publication, the plaintiff 
shall give bond satisfactory to the court, conditioned to appear 
and defend the title to said property, chattel, money, goods or 
deposit and to abide by the order of the court therein, if at any 
time within one year from the date of judgment, any claimant 
or claimants shall appear and claim the property, after which 
period of time all other rights shall be barred. 

Sect. 4. The amount of the lien, if any, of the original 
defendant, shall be determined by the court, and shall be paid 
by the person in whose favor judgment is rendered, before 
final judgment shall be granted. The costs of publication 
shall be borne by the parties in whose favor judgment is ren- 
dered : and a lien upon the property in question is given for 
such charges, services and expenses as are necessary for the 
keeping of the same, pending litigation. 

Sect. 5. If it shall be made to appear, by the plea, answer, 
disclaimer or deposition of the original defendant filed within 
the first thirty days of the term at which such action, bill or 
petition shall be entered or returnable, that such defendant has 
no title to or claim against such property, chattel, money, 
goods or deposit, otherwise than by lien, then such defendant 
shall, upon delivering the subject matter of the suit in accord- 
ance with the order of the court, be discharged from further 
liability, and shall be entitled to costs in such sum as the court 
may deem just, and thereafter said proceeding shall be deemed 
a proceeding in rem. 

Sect. 6. All acts and parts of acts inconsistent with this 
act are hereby repealed, and this act shall take effect upon its 
passage. 

[Approved March 9, 1905.] 



1905] 



Chapters 63, 64. 



477 



CHAPTER 63. 



AN ACT IN AMENDMENT OF CHAPTER 84 OF THE SESSION LAWS OF 
1901, ENTITLED "AN ACT IN RELATION TO THE PUULIC PRINTING." 



Section 
1. Reduction in number of copies of 
publications authorized; clerical 
assistance. 



Section 
2. Repealing clause; act takes effect on 
passage. 



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

Section i. Chapter 84 of the session Laws of looi is Reduction 
hereby amended by the addition of the following section : 
Sect. 8. The public printing commission may decrease the 
number of copies of any state publication to be hereafter issued, 
from the number now provided for by law, after due notice to 
the department affected and hearing thereon. Said commission 
shall be allowed necessary clerical assistance at compensation 
to be fixed by the governor with advice of the council. 

Sect. 2. All acts or parts of acts inconsistent with this act Repealing 
are hereby repealed and this act shall take effect upon its pas- takes effect 
sage. 

[Approved March 9, 1905.] 



on passage. 



CHAPTER 64. 

AN ACT TO ENABLE THE COUNTY OF COOS TO TAKE A LOT FOR THE 
ERECTION OF A COURTHOUSE IN BERLIN IN SAID COUNTY, BY EMINENT 
DOMAIN. 



Section 

1. Authority granted. 

2. Acts of county convention ratified 

and legalized. 



Section 
3. Takes effect on passage. 



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

Section i. That if the county of Coos, through its agents Authority 
duly authorized by its county delegation to procure a lot and ^'■^^*®'^- 
erect a courthouse in Berlin in said county, shall be unable to 
make satisfactory terms with the owner or owners of such lot 
for the purchase thereof, said lot may be taken by the exercise 
of the right of eminent domain by such proceedings as are pro- 
vided for the laying out of highways to public waters. 



478 



Chapters 65, Q6. 



[1905 



Prior action 
ratified and 
legalized. 



Takes effect 
on passage. 



Sect. 2. The action of the Coos county convention in rela- 
tion to the appointment of a committee to procure a lot and 
erect said courthouse in said Berlin is hereby ratified and 
legalized. 

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

[Approved March 9, 1905.] 



CHAPTER 65. 

AN ACT TO PREVENT THE PLACING OF EXPLOSIVES ON THE TRACKS OF 
STREET AND ELECTRIC RAILROADS. 



Section 
1. Placing explosive on railway track, 
how punished. 



Placing explo- 
sive on rail- 
way track, 
how punished. 



Takes effect 
on passage. 



Section 
2. Takes effect on passage. 



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

Section i. Any person, except an employe in the regu- 
lar discharge of his duty, who shall place explosive torpedoes, 
or other thing of an explosive nature, on the rails of any street 
or electric railroad, shall be punished by a fine of not less than 
five nor more than ten dollars, or by imprisonment not more 
than thirty days, or by both such fine and imprisonment. 

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

[Approved March 9, 1905.] 



CHAPTER 66. 

AN ACT RELATING TO THE EMERGENCY RIGHTS OF FIREMEN WHILE PER- 
FORMING THE DUTIES OF THEIR OFFICE. 



To have right 
of way; pen- 
alty for ob- 
struction. 



Section 1. Firemen and fire apparatus to have right of way; penalty for obstruction. 

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

Section i. The officers and men of the fire department of 
any city or town, with the engines and apparatus thereof, shall 
have the right of way while going to a fire or responding to an 
alarm through any street, lane or alley in said city or town, 
subject to such rules and regulations as the city council or 
selectmen may prescribe. Whoever wilfully and maliciously 
obstructs or retards the passage of an engine or other appa- 



1905] 



Chapter 67. 



479 



ratus of a fire department, while so going to a fire, shall be 
punished by a fine of not more than fifty dollars or by impris- 
onment for not more than three months. 

[Approved March 9, 1905.] 



CHAPTER 67. 

AN ACT IN AMENDMENT OF CHAPTER 58 OF THE I,AWS OF 1901, ENTI- 
TLED "an act RELATIVE TO SENTENCES TO STATE PRISON." 



Section Section 

1. Release of convict at expiration of 3. Takes effect on passage. 

minimum term. 

2. Arrest for violation of permit; per- 

mits, how revoked; recommittal; 
notice of release on parole. 

Be it enacted dy the Senate and House of Re^7-esentatives in 
General Court convened: 

Section i. Strike out all of section 2 of said chapter fol- Release at 
lowing the words "his sentence" in the twelfth line thereof. minimum°° 
Strike out the figure "3" in the third section and insert in ^^^^' 
place thereof the figure 7. Strike out the figure "4" in the 
fourth section and insert in place thereof the figure 8. Strike 
out the figure " 5 " in the fifth section and insert in place thereof 
the figure 9. 

Sect. 2. Insert after section 2 the followincr sections: 

Sect. 3. Any convict released from the state prison on a Arrest for 
permit from the governor and council under the provisions of pe°rmit?^° 
section 2 of this chapter, violating the terms of his permit, may 
be arrested on the warrant of any magistrate bearing the 
indorsement of the county solicitor and taken before a justice 
of the superior court in term time or vacation. Said convict 
may be remanded to jail to await the determination of the pro- 
ceedings. 

Sect. 4. If said justice upon hearing finds that said permit Permits, how 
has been violated, the same shall be certified to the governor ^^^^ 
and council, who shall revoke the permit, and the sheriff upon 
receiving notice of said revocation shall recommit said convict 
to the state prison. 

Sect. 5. A convict so recommitted shall serve the remain- Recommittal, 
der of his maximum sentence and in computing the period of 
his confinement the time between his release upon permit and 
the time of his return to prison shall not be considered as any 
part of the term of his original sentence. 

Sect. 6. Two davs at least prior to the release of a convict Notice of 

i'iiii"'ii r y 1 r y • release on 

on parole, it shall be the dutv of the warden 01 the state prison parole. 



480 



Chapter 68. 



[1905 



Takes effect 
on passage. 



to notify by mail the county solicitors of the several counties 
and the police departments of the several cities of such pro- 
posed release, the name of the convict, the crime for which he 
was committed, the terms of his sentence, and condition of his 
release. 

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

[Approved March 9, 1905.] 



Funds to be 
deposited in 
approved 
banks; inter- 
est to remain 
in state 
treasury. 



Takes effect 
on passage. 



CHAPTER 68. 

AN ACT TO AMEND SECTION 1 OF CHAPTER 125 OF THE LAWS OF 1903, 
ENTITLED "AN ACT TO DEFINE THE DUTIES OF THE STATE TREASURER 
WITH REFERENCE TO PUBLIC FUNDS." 



Section 
1. Funds to be deposited in approved 
banks; interest to remain in state 
treasury. 



Section 
2. Takes effect on passage. 



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

Section i. Amend section i of chapter 125 of the Laws of 
1903 by striking out all of that part of said section which fol- 
lows the words "daily balances" in the eleventh line of said 
section and inserting in place thereof the following, all interest 
received on such deposits shall be paid into the treasury of the 
state, and all interest so received, which is now in said treas- 
ury and not distributed to the towns and cities of the state, shall 
remain in said treasury for the use of the state, so that said 
section as amended shall read as follows : Section i. The 
treasurer may deposit any portion of the public moneys, in his 
possession, in such national banks within the state, or the state 
of Massachusetts, or any such trust company, incorporated 
under the laws of, or doing business within, the state, or the 
state of Massachusetts, as shall be approved, at least once in 
six (6) months, by the governor and council, but the amount 
deposited in any one bank or trust company shall not at any 
one time exceed forty per cent, of its paid-up capital and sur- 
plus. Other things being equal, those banks or trust compa- 
nies shall receive preference which shall allow interest on daily 
balances. All interest received on such deposits shall be paid 
into the treasury of the state, and all interest so received, which 
is now in said treasury and not distributed to the towns and 
cities of the state, shall remain in said treasury for the use of 
the state. 

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

[Approved March 9, 1905.] 



1905] Chapters 69, 70. 481 

CHAPTER 69. 

AN ACT IN RELATION TO THE PINKHAM NOTCH ROAD. 



Section 
1. Closing of highway in winter author- 
ized. 



Section 

2. Appeal to superior court. 

3. Takes effect on passage. 



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

Section i. The selectmen of the town of Jackson and the closing of 
county commissioners of the county of Coos, whenever by their authorized, 
joint action they shall deem it expedient, are hereby authorized 
and empowered to close the Pinkham Notch road, so called, 
situated in Martin's Location, Green's grant, Pinkham's grant 
and the town of Jackson, or so much thereof as they shall 
deem necessary, during such part of the winter season as said 
road shall be covered by deep snows. 

Sect. 2. Any person, persons or corporation aggrieved by Right of 
such action shall have the right of appeal from such decision ^^^^^ " 
to the superior court. 

Sect. 3. This act shall take effect on its passage. onpa^ssfge.* 

[Approved March 9, 1905.] 



CHAPTER 70. 

AN ACT IN AMENDMENT OP CHAPTER 147 OF THE PUBLIC STATUTES, 
RELATING TO THE FORMATION OF VOLUNTARY CORPORATIONS. 



Section 
1. Trading-stamp companies not to be 
formed. 



Section 
2. Takes effect on passage. 



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

Section i. The provisions of chapter 147 of the Public stam^fo'm- 
Statutes relating to voluntary corporations shall not be held to paniesnotto 
authorize the formation of what is known as a trading-stamp 
corporation, or of companies engaged in the business of issu- 
ing, selling or redeeming trading stamps, coupons, tickets or 
other similar devices. 

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

r r t3 on passage. 

[Approved March 9, 1905.] 



482 



Chapters 71, 72. 



[1905 



CHAPTER 71, 



AN ACT IN AMENDMENT OP CHAPTER 46 SESSION LAWS OF 1899 REG- 
ULATING THE FISHING IN THE WATERS OF SUNAPEE LAKE. 



Section 
1. Not more than two lines to be used. 



Section 
2. Takes effect on passage. 



Not more than 
two lines to 
be used. 



Takes effect 
on passage. 



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

Section i. Strike out the whole of section i of said chap- 
ter and substitute therefor the following : Section i. It shall 
not be lawful for any person to use or have in use, in fishing 
from the waters of Sunapee lake, more than two lines, under a 
penalty of ten dollars for each line, in excess of said number, 
so used. 

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

[Approved March 9, 1905.] 



Established 
high schools 
to be main- 
tained. 



Takes effect 
on passage. 



CHAPTER 72, 



\/ AN ACT FOR THE MAINTENANCE OF HIGH SCHOOLS. 



Section 
1. Established high schools to be main- 
tained. 



Section 
2. Takes effect on passage. 



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

Section i. It shall be the duty of any town in which there 
is a high school established by vote of the town, to raise and 
appropriate each year sufficient money, to properly maintain 
such school. 

Sect. 2. This bill [act] shall take effect upon its passage. 

[Approved March 9, 1905.] 



1905] 



Chapters 73, 74. 



48a 



CHAPTER 73. 



AN ACT TO PROHIBIT THE DEPOSIT OP SAWDUST AND OTHER SAWMILL 
REFUSE, AND OTHER WASTE, IN SWIFT RIVER AND ITS TRIBUTARIES, 
IN THE TOWN OF TAM WORTH. 



Section 
1. Deposit of sawdust, etc., how pun- 
ished. 



Section 
2. Takes effect on passage. 



Be it enacted by the Senate and House of Re-preseniatives in 
General Court convened : 

Section i. Any person who shall deposit, dump, place, fa^^^us*t°etc 
or cause to be deposited, dumped, or placed any sawdust or iiowpunished 
other sawmill refuse, rubbish or other waste, in Swift river 
and its tributaries, in the town of Tamworth, shall be fined not 
less than ten dollars nor more than fifty dollars. 

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



Takes effect 
on passage. 



[Approved March 9, 1905.] 



CHAPTER 74. 

AN ACT TO PROTECT MINK BROOK FROM POLLUTION BY SAWDUST AND 

OTHER WASTE. 



Section 

1. Deposit of sawdust, etc., prohibited. 

2. Penalty for violation. 



Section 
3. Takes effect June 1, 1905. 



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

Section i. No person or corporation shall put or place, or Deposit pro 
cause or allow to be put or placed any sawdust, shavings, ^'^^*®'^- 
edgings, chips, bark or other waste from woodwork establish- 
ments, into Mink brook in the town of Hanover. 

Sect. 2. An3'- person or corporation violating the provi- Penalty, 
sions of this act shall be punished by a fine not exceeding ten 
dollars for each offense, and every day that they violate the 
same shall be deemed a separate offense. 

Sect. 3. This act shall take effect June ist 1905. 



[Approved March 9, 1905.] 



Takes effect 
June 1, 1905. 



484 



Chapters 75, 76. 



[1905 



Investments 
in railroad 
securities. 



CHAPTER 75. 

AN ACT IN AMENDMENT OF CLAUSE 18 SECTION 1, CHAPTER 114 OF 
THE LAWS OF 1901 RELATING TO THE INVESTMENTS OP SAVINGS 
BANKS. 

Section 1. Investment of savings-bank funds in railroad securities. 

Be it enacted by the Senate and House of Rej^resentatives in 
General Court convened: 

Section i. Clause i8 of section i of chapter 114 of the 
Laws of 1901 entitled "An act to regulate and limit the in- 
vestments of savings banks " is amended by striking out the 
words "in the New England states," so that when amended 
the clause shall read (18) In the stock of any railroad cor- 
poration, exclusive of street railways, located in any part of 
the United States or territories, that has earned and paid reg- 
ular dividends of not less than four per cent, per annum on its 
capital stock for five years next preceding such investment ; 
provided, such capital stock on which it pays dividends equals 
in amount one third of the entire bonded indebtedness of said 
corporation ; or in the stock of any other railroad corporation 
whose railroad and railroad property are leased to such rail- 
road upon an annual rental of not less than four per cent, per 
annum upon the capital stock of the leased railroad ; -provided^ 
said leased railroad shall have earned dividends of not less 
than three per cent, upon its capital stock for a period of three 
years immediately preceding said lease ; but not exceeding 
twenty-five per cent, of the deposits shall be so invested. 

[Approved March 9, 1905.] 



Dealers, how 
licensed. 



CHAPTER 76. 

AN ACT IN AMENDMENT OF CHAPTER 124 OF THE PUBLIC STATUTES 
RELATING TO DEALERS IN OLD METALS. 

Section 1. Dealers in junk, etc., how licensed. 

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

Section i. That section i of chapter 124 of the Public 
Statutes be and hereby is amended as follows : — By striking 
out said section and inserting in place thereof the following: — 
Section i. The mayor and aldermen of a city, or the select- 
men of a town, may license persons, deemed by them to be 
suitable, to be dealers in, and keepers of shops for the purchase 
and sale or barter of, old junk, old metals, old or second hand 



1905] Chapters 77, 78. 485 

bottles, second hand articles, cotton or woolen mill waste,, 
unfinished cloth, and cotton or woolen mill yarns in an unfin- 
ished state, not of family manufacture, within their respective 
cities or towns, and may determine and designate the place 
where the business is to be carried on under a license. 

[Approved March 9, 1905.] 



CHAPTER 77. 

AN ACT IN RELATION TO THE TRIAL OF CAUSES IN ROCKINGHAM COUNTY. 

Section I Section 

1. Trials at Derry on request of parties, i 2. Talies effect on passage. 

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

Section i. Whenever the parties to an action pending in Trials at 
the superior court of said county, so request, said action shall 
be tried in Derry in said county. The town of Derry to furnish 
a suitable place for holding said court without expense to the 
county. 

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

^ i^ ^ on passage. 

[Approved March 9, 1905.] 



CHAPTER 78. 

AN ACT IN RELATION TO THE SERVICES AND EXPENSES OF STATE OFFI- 
CERS AND EMPLOYES. 

Section 1. Bills to be certified under oath; takes effect on passage. 

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

Section i. No bill of a state officer or employe for ser- Biiistobe 
vices or expenses, except salaries provided by statute, shall be under^oith. 
approved by the governor and council or paid by the state 
treasurer unless it is accompanied by a certificate under oath 
of said officer or employe that the service has been actually 
performed and the expenses actually incurred. In case of the 
death of a state officer or employe prior to the filing of his 
account it may be paid by the state treasurer if the governor 
and council are satisfied that the service was performed and 
the expenses incurred. This act shall take effect upon its Takes effect 

^ ^ on passage. 

passage. 

[Approved March 9, 1905.] 



486 



Chapters 79, 80, 81. 



[1905 



CHAPTER 79. 



AN ACT TO REPEAL SECTION 1, CHAPTER 93, LAWS OF 1903, RELATING 
TO THE NOTICES OF INTENTION OF MARRIAGE. 



Prior act 
repealed. 

Takes effect 
on passage. 



Section 
3 . Prior act repealed . 



Section 
2. Takes effect on passage. 



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

Section i. That section i, chapter 93, Laws of 1903 be 
and is hereby repealed. 

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

[Approved March 9, 1905.] 



Name 
<5hanged. 



Takes effect 
on passage. 



CHAPTER 80. 

AN ACT TO CHANGE THE NAME OF " SHAW'S POND," IN THE TOWNS OF 
PITTSFIELD AND BARNSTEAD, TO THAT OF LILY LAKE. 



Section 
1. Name changed. 



Section 
2. Takes effect on passage. 



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

Section i. That the name of "Shaw's pond" situate in 
the towns of Pittsfield and Barnstead be and hereby is changed 
to Lily lake. 

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

[Approved March 9, 1905.] 



CHAPTER 81, 



Investments 
in municipal 
bonds. 



AN ACT IN AMENDMENT OF CHAPTER 114 OF THE LAWS OF 1901 
ENTITLED "AN ACT TO REGULATE AND LIMIT THE INVESTMENTS OF 
SAVINGS BANKS." 



Section 
1. Investment of savings-bank funds in 
municipal bonds. 



Section 
2. Takes effect on passage. 



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

Section i. That section i of chapter 114 of the Laws of 
1901 be and the same is hereby amended by striking out of 
paragraph (9) thereof the following words and figures therein : 
"And -provided, further ^ that the bonds of any such county, 



1905] Chapter 82. 487 

city, town, school district, or other municipal corporation, of 
any state or territory, except in the states named in paragraph 
8 of section i of this act, which does not have a constitutional 
provision limiting the indebtedness of counties, cities, towns, 
school districts, or other municipal corporations therein shall 
shall not be legal investments ; " so that said paragraph (9) as 
amended shall read as follows : (9) In the authorized bonds 
of any county, city, town, school district, or other municipal 
corporation of any other of the United States or territories 
whose net indebtedness at the time of such investment does not 
exceed five per cent, of the last preceding valuation of the 
property therein for taxation ; and in the authorized bonds of 
an}' city of one hundred thousand inhabitants of any of said 
states whose net indebtedness does not exceed seven per cent, 
of the last preceding valuation of the property therein for taxa- 
tion. The term "net indebtedness" shall be construed to 
denote the indebtedness of any city, town, or other municipal 
corporation, omitting the debt created for supplying the inhab- 
itants with water and deducting the amount of any sinking 
fund available for the payment of the municipal indebtedness. 
Provided, however, that such bonds shall not have been issued 
in aid of railroads or for special assessment purposes. Pro- 
vided, also, that the bonds of any county, city, or town of less 
than ten thousand inhabitants, or of any school district or other 
municipal corporation of less than two thousand inhabitants, 
in any state or territory other than those named in paragraph 8 
of section i of this act, shall not be authorized investments. 
Provided, /art her , that such bonds are issued by municipalities 
that are permitted by law to levy taxes sufficient to pay the 
interest and to provide sinking funds for their debt : otherwise, 
such bonds shall not be authorized investments. But not 
exceeding fifty per cent, of the deposits shall be so invested. 

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

r j^ wtj ^^. on passage. 

[Approved March 9, 1905.] 



CHAPTER 82. 



AN ACT TO AMEND CHAPTER 16 OP THE PUBLIC STATUTES, ENTITLED 
"the state TREASURER AND AUDITING COMMITTEE." 

Section I Section 

1. Loans to state, when and how ef- 2. Takes effect on passage, 

fected. 

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

Section i. Strike out all of section 6 and insert in place Loans, when 
thereof the following : Sect. 6. If money due from the state taec^ed! 



488 



Chapter 83. 



[1905 



Takes effect 
on passage. 



is demanded, and there are no sufficient funds in the treasury 
available for the payment of the same, the treasurer, under the 
direction of the governor and council, is hereby authorized to 
borrow, on the state's credit, for a period of not more than five 
years, at the lowest rate of interest obtainable, not exceeding 
six per cent, per annum, such sums as may be necessary ; but 
the entire indebtedness incurred under this authority shall not 
exceed the sum of three hundred thousand dollars per annum. 
Sect, 2. This act shall take effect upon its passage. 

[Approved March 9, 1905.] 



CHAPTER 83. 

AN ACT RELATING TO TRADING-STAMP COMPANIES, TRADING STAMPS AND 
OTHER SIMILAR DEVICES. 



Section 

1. Foreign companies to procure li- 

censes. 

2. Application for license, to contain 

what. 

3. Licenses, when issued; expiration 

and revocation; license fees. 

4. Transaction of business without li- 

cense, how punished. 

5. Domestic companies, etc., to pro- 

cure licenses; application to con- 
tain what; issue of licenses; expi- 
ration and revocation; license fees. 

6. Coupons to have value printed 

thereon. 

7. Distributor liable if company fails to 

redeem coupons. 

8. Penalty for violations. 

9. Excise tax of three per cent, ro be 

paid by distributor. 



Section 

10. Return for purpose of such taxation, 

how and when made. 

11. Failure to make such return, how 

punished. 

12. Excise tax of ten per cent, to be paid 

by company. 

13. Return for purpose of such taxation, 

how and when made. 

14. Failure to make such return, how 

punished. 

15. Neglect to make return and pay tax 

revokes license. 

16. Issuance of illegal coupons, how 

punished. 

17. Service on foreign companies, how 

made; bond of foreign companies, 

18. Takes effect June 1, 1905. 



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

Foreign com- SECTION I. No Corporation engacfed in the business of 

panies to pro- , , . . . , ^ . p '^ . , 

cure licenses, selling, issuing, exchanging or redeeming stamps, known as 
trading stamps, checks, coupons or other similar devices, not 
organized under the laws of this state, shall do business within 
this state, unless it has obtained a license authorizing it so to 
do, as herein provided. 
Application Sect. 2. Application for such license shall be made to the 

contain°wh'a\*^ governor and council, and with the application the corporation 
applying for a license shall file a certified copy of its charter 
and by-laws and a full statement under the oath of its presi- 
dent and secretary, showing the amount of its capital stock, 



1905] Chapter 83. 489 

the number of shares and their par value, its assets, habiJities 
and surphis, and the dividends paid or declared in each year 
since its organization. It shall also file a complete list of the 
articles kept or furnished by it that are customarily given or 
ofiered in exchange for trading stamps, checks, coupons or 
other similar devices, issued or sold by it to associations, cor- 
porations or individuals, showing the cost price of every such 
article, and the price placed upon every such article when 
given, offered or taken in exchange for such trading stamps, 
checks, coupons or other similar devices, and also the gross 
and net profit upon every such article so given or offered, 
or taken in exchange for such trading stamps, checks, cou- 
pons or other similar devices. It shall also, at the hearing 
upon the application for a license, furnish to the governor and 
council, through its authorized representatives, complete evi- 
dence, under oath, as to its methods of doing business, includ- 
ing the prices at which its stamps are sold or furnished to asso- 
ciations, corporations or individuals, and the advertised or 
alleged value of such stamps when given, or offered b}' such 
associations, corporations or individuals engaged in trade, in 
connection with the sale of articles, entitling the holders to 
receive articles other than the articles so sold, and an}' other 
information that the governor and council may desire, to ena- 
ble them to determine whether the business of such corporation 
is legitimate, and does not involve any element of fraud, decep- 
tion or imposition upon individuals or the general public. 

Sect. 3. If the foregoing provisions are complied with and issue of li- 
the governor and council are satisfied that such corporation pf^atlonand 
applying for a license is a safe and reliable company, and enti- flJs.'^'^*'""' 
tied to public confidence, and that its business methods are 
trustworthy and involve no element of fraud, deception or 
imposition upon individuals or the general public, they may 
grant to such corporation a license to do business by its author- 
ized agents within this state, subject to the laws of the state, 
until the first day of July thereafter, and annually thereafter, 
upon the first day of Jul}', such license may be renewed, so 
long as such corporation shall comply with the law and the 
governor and council regard it as safe and reliable and entitled 
to confidence, and that its business, or its business methods, 
are not detrimental to the general mercantile, commercial and 
business interests of the state. Such license may be revoked 
at any time by the governor and council, upon reasonable 
notice to such corporation, or its authorized agents, when the 
governor and council are satisfied that its methods of doing 
business are not such as entitle it to public confidence, or 
involve an element of fraud, deception or imposition upon the 
public or individuals. Every such corporation shall pay to the 
state treasurer a license fee of not less than two hundred fifty 
1' 



490 Chapter 83. [1905 

dollars nor more than one thousand dollars, to be determined 
by the governor and council. 
Transaction Sect. A. Any officer or anient of any such foreign corpora- 

of business . • % . .* • ^ . 

without li- tion which shall undertake to do business within this state, 

punished.^ such Corporation not having complied with the provisions of 

this act, shall be subject to a fine not exceeding five hundred 

dollars, or to imprisonment not exceeding six months, or both. 

And any individual, firm or corporation that offers or delivers 

trading stamps, checks, coupons or other similar devices of 

such foreign corporation, in connection with the sale of goods, 

wares or merchandise, shall, lor the purposes of this act, be 

deemed the agent of such corporation. 

Domestic Sect. 5. No individual, firm or corporation organized 

be'ucensedr under the laws of this state shall engage in the business of 

contain*what° Selling, issuiug, exchanging or redeeming stamps, known as 

issue of li- trading stamps, checks, coupons or other similar devices, 

censes; expi- , '^ , • j- -j 1 >• ,• , u^ • i 

ration and unless such individual, firm or corporation has obtained a 

revocation; ,. ..1 • • 1 • -^ 4. j u • -j j 

fees. license authorizing him, or it, to do so, as herein provided. 

Application for such license shall be made to the governor and 
council and, if by a corporation organized under the laws of 
this state, there shall be filed with the application a certified 
copy of its charter and by-laws and a full statement, under 
the oath of its president and secretary, showing the amount of 
its capital stock, the number of shares, and their par value, 
its assets, liabilities and surplus, and the dividends paid, or 
declared, in each year since its organization. If said applica- 
tion is made by an individual or firm, he, or it, shall file with 
the application a full statement, under oath, showing the 
amount of the capital employed by such individual or firm in 
his, or its, business, also the assets and liabilities of such indi- 
vidual or firm. Every individual, firm or domestic corporation 
making application for such license shall also file a complete 
list of the articles kept or furnished b}' him, or it, that are cus- 
tomarily given or off'ered in exchange for trading stamps, 
checks, coupons or other similar devices issued or sold by him, 
or it, to associations, corporations or individuals, showing the cost 
price of every such article, and the price placed upon every such 
article when given, ofTered or taken in exchange for such trad- 
ing stamps, checks, coupons or other similar devices, also the 
gross and net profits upon every such article so given or offered 
or taken in exchange for such trading stamps, checks, coupons 
or other similar devices. He, or it, sliail also, at the hearing 
upon the application for a license, furnish to the governor and 
council complete evidence, under oath, as to his, or its, method 
of doing business, including the prices at which his, or its, 
stamps are sold or furnished to associations, corporations or 
individuals, and the advertised or alleged value of such stamps 
when given or offered by such associations, corporations or 
individuals engaged in trade in connection with the sale of 



1905] Chapter 83. 491 

arlicles entitling the holders to receive articles other than the 
articles so sold, and any other intbrmation that the governor 
and council may desire to enable them to determine whether 
the business ot' such individuals, firms or corporations, is legiti- 
mate and does not involve any element of fraud, deception or 
imposition upon individuals or the general public. 

If the foregoing provisions are complied with and the gov- 
ernor and council are satisfied that such individual, firm or 
corporation, applying for a license, is reliable and entitled to 
public confidence, and that his, or its, business methods are 
trustworthy and involve no element of fraud, deception or 
imposition upon individuals or the general public, they may 
grant such individual, firm or corporation a license to do busi- 
ness within this state, subject to the laws of the state, until the 
first day of July thereafter, and annually thereafter, upon the 
first day of July, such license may be renewed, so long as such 
individual, firm or corporation, shall comply with the law and 
tlie governor and council regard him, or it, as entitled to confi- 
dence, and that his, or its, business or business methods, are 
not detrimental to the general mercantile, commercial and 
business interests of the state. Such license may be revoked 
at any time by the governor and council, upon reasonable 
notice to such individual, firm or corporation, or its authorized 
agents, when the governor and council are satisfied that his, or 
its, methods o( doing business are not such as entitle him, or it, 
to public confidence or involve an element of fraud, deception 
or imposition upon the public or individuals. Every such indi- 
vidual, firm or corporation shall pay to the state treasurer a 
license fee of not less than two hundred fifty dollars nor more 
than one thousand dollars, to be determined by the governor 
and council. 

Sect. 6. All trading stamps, checks, coupons or other coupons to 
similar devices, sold or delivered to any person, firm or cor- prkftedthere- 
poration, to be sold, given or delivered in connection with °°- 
the sale of articles, entitling the holders to receive articles 
other than the articles so sold, shall have legibly, plainly, 
clearly and distinctly printed across the middle of the face 
thereof, in letters or figures not less than one sixteenth 
of an inch in length, the alleged or advertised value of the 
same, or the value of the personal property for which they may 
be exchanged or redeemed, and said value shall not be less 
than one cent. Every person, firm or corporation who shall 
sell or issue any such trading stamps, checks, coupons or other 
similar devices, to any association, corporation or individual 
engaged in any trade or business, with the promise or assur- 
ance, express or implied, that they, it or he, will give or deliver 
to any person presenting said trading stamps, checks, coupons 
or other similar devices, money or goods, wares or merchan- 
dise therefor, shall redeem said trading stamps checks, cou- 



492 



Chapter 83. 



[1905 



Distributor 
liable if com- 
pany fails to 
redeem. 



Penalties. 



Taxation of 
distributor. 



Return, how 
and when 
made. 



pons or Other similar devices at tlieir face value, when pre- 
sented in lots or numbers aggregating at their face money 
value not less than five cents, either in cash, good and lawful 
money of the United States of America, or in goods, wares or 
merchandise, at the option of the holder. In case such holder 
elects to receive goods, wares or merchandise, the same may 
be selected by him. 

Sect. 7. Any association, corporation or individual en- 
gaged in any trade or business, who shall distribute, deliver or 
present to any person dealing with it, or him, any stamp 
known as a trading stamp, check, coupon or other similar 
device issued by or procured from an}^ association, corporation 
or individual dealing in the same, as mentioned in the preced- 
ing section, in consideration of any article or thing purchased, 
shall, upon the failure of said association, corporation or indi- 
vidual named in the preceding section, to redeem said trading 
stamps, checks, coupons, or other similar devices, in the 
manner prescribed in said section, be liable to the holder of 
any of said stamps to their alleged, advertised, stipulated or 
face value, when presented in lots or numbers aggregating at 
their face money value not less than five cents, and shall 
redeem the same in goods, wares and merchandise, or in law- 
ful money of the United States, at the option of the holder 
thereof, at the value in lawful money printed upon the face 
thereof; and any association, corporation or individual being 
the holder of any of said stamps, checks, coupons or other 
similar devices may recover the advertised, alleged, stipulated 
or face value thereof from either of the aforesaid associations, 
corporations or individuals, in an action upon contract. 

Sect. 8. Any individual, association or corporation, and 
the agent, officer or employe of any corporation violating any 
of the provisions of this act, for which a different penalty is not 
herein provided, shall be subject to a fine not exceeding two 
hundred dollars, or imprisonment not exceeding six months, 
or both. 

Sect. 9. Every person, firm or corporation giving or deliv- 
ering trading stamps, checks, coupons or other similar devices, 
in connection with the sale of articles, entitling the holders to 
receive articles other than the articles so sold, shall pay an 
excise tax for carrying on such business, equivalent to three 
per cent, of the gross receipts by such person, firm or corpora- 
tion from the sale of the articles so sold. 

Sect. 10. Every person, firm or corporation carrying on 
the business specified in the preceding section shall, on the 
first day of April in each year, make a return in writing, under 
oath, to the treasurer of the city or town in which such busi- 
ness is carried on, stating the number of trading stamps, 
checks, coupons or other similar devices, given or delivered in 
connection with the sale of articles, and the gross receipts from 



1905] Chapter 88. 493 

the sales made in connection with the issuinjjj or giving of such 
trading stamps, checks, coupons or other similar devices, dur- 
ing the previous year. Thereupon the treasurer of such city 
or town shall compute the amount of such tax due from such 
person, firm or corporation, and shall issue his warrant for the 
collection thereof, to the collector of taxes in such city or town, 
who shall collect the same for the use of said city or town, in 
the manner prescribed by the Public Statutes of the state rela- 
tive to the collection of taxes. 

Sect. ii. Whoever omits to make the return required by Failure to 
the preceding section, shall forfeit not less than five dollars, nor howpunished, 
more than ten dollars for each day for fifteen days after the 
day upon which said return is by the preceding section required 
to be made, and not less than ten nor more than two hundred 
dollars for each day thereafter during which such omission 
continues ; and whoever, under oath knowingly makes a false 
statement in such return shall be deemed guilty of perjury. 

Sect. 12. Every individual, firm or corporation engaged Taxation of 

. •' . , , . ,. ^ 11 company. 

in the busniess of issumg or selling trading stamps, checks, 
coupons or other similar devices, to an}^ association, corpora- 
tion or individual engaged in any trade, business or profession, 
with the promise or assurance, express or implied, that he, it 
or the}', will give or deliver the same to persons, firms, or cor- 
porations in connection with the sale of articles entitling the 
holders to receive articles other than the articles so sold, shall 
pay an excise tax for carrying on such business equivalent to 
ten per cent, of the gross amount received by such person, 
firm or corporation from the sale of such trading stamps, 
checks, coupons or other similar devices sold or delivered, in 
this state, or to persons, firms or corporations within this 
state. 

Sect. 13. Every such person, firm or corporation shall on Return, iiow 
the first day of April in each year make a return in writing, ^ade. ^° 
under oath, to the treasurer of the city or town in which such 
business is carried on, stating the number of trading stamps, 
checks, coupons or other similar devices, sold or delivered 
during the preceding year to persons, firms or corporations 
engaged in any trade or business, within this state, and 
intended to be sold or delivered b}^ them, in connection with 
the sale of goods, wares and merchandise, and the gross 
receipts from the sales of such stamps, checks, coupons or 
other similar devices so sold or delivered. Thereupon the 
treasurer of such city or town shall compute the amount of 
such tax due from such person, firm or corporation, and shall 
issue his warrant for the collection thereof to the collector of 
taxes in such city or town, who shall collect the same for the 
use of such city or town in the manner prescribed by the Pub- 
lic Statutes of the state, relative to the collection of taxes. 



494 



Chapter 83. 



[1905^ 



Failure to 
make return, 
how punished 



Neglect to 
make return 
and pay tax 
revokes li- 
cense. 



Issuance of 
illegal cou- 
pons, how 
punished. 



Service on 
foreign com- 
panies; bonds, 



Takes effect 
June 1, 1905. 



Sect. 14. Whoever omits to make and file the return 
required by the preceding section, shall forfeit not less than 
five dollars nor more than ten dollars for eacii day for fifteen 
days after the date upon which said return is by the preceding 
section required to be made, and not less than ten nor more 
than two hundred dollars for each day thereafter during which 
such omission continues ; and whoever under oath knowingly 
makes a false statement in such return shall be deemed guilty 
of perjury. 

Sect. 15. Any individual, firm or corporation engaged in 
the business of selling, vending or delivering trading stamps, 
checks, coupons or other similar devices, to persons, firms or 
corporations, which are intended to be sold or given in connec- 
tion with the sale of goods, wares or merchandise, within this 
state, being licensed to do business in this state in accordance 
with the provisions of this act, that shall neglect or refuse to 
make the return, or to pay the tax required to be paid in 
accordance with the preceding section of this act, shall be 
deemed ipso facto to have forfeited his, or its, license, and to be 
no longer authorized or entitled to do business within this state. 

Sect. 16. Any person, firm or corporation that sells, or 
issues, any trading stamp, check, coupon or other similar 
device, or that gives away or delivers any trading stamp, 
check, coupon or other similar device in connection with the 
sale of goods, wares or merchandise, that has not the alleged 
or advertised value thereof printed thereon, as prescribed by 
section 6 of this act, shall be subject to a fine of five dollars for 
each offense. 

Sect. 17. Before a license is granted to a corporation not 
organized under the laws of this state, it shall file with the 
state treasurer a written stipulation that legal process affecting 
the company, served on the state treasurer for the time being, 
shall have the same efi'ect as if served personally on the com- 
pany within the state. It shall also deposit with the state treas- 
urer the sum of ten thousand dollars, as security for the pay- 
ment of any judgments which may be obtained against it, as 
well as the payment of any taxes that may be assessed against 
it in any city or town ; and the state treasurer is hereby auth- 
orized to pay from said sum so deposited any executions issued 
upon judgments obtained against such company, as well as 
taxes assessed against such company in any city or town ; and 
upon the renewal of the license issued to such company it shall 
make good any impairment of said sum often thousand dollars 
so deposited, and keep the same unimpaired so long as it shall 
continue to do business within this state. 

Sect. 18. This act shall take effect from and after the first 
day of June, 1905. 

[Approved March 10, 1905.] 



190e5] 



Chapter 84. 



495 



CHAPTER 84. 



AN ACT TO AMEND CHAPTER 79 OF LAWS OF 1901 IN RELATION TO 
FISH AND GAME LAWS. 



Section 

1. Protection of deer. 

2. Protection of fawn removed. 

3. Rigtit to kill deer-chasing dog re- 

voked. 

4. Transportation of moose, etc., how 

punished. 

5. Transportation of deer regulated. 

6. Exception in favor of scientists. 



Section 

7. Bird.s, nests, and eggs taken for sci- 

entific purposes. 

8. Protection of woodcock, grouse, 

partridge, quail, and snipe. 

9. Repealing clause. 

10. Construction of prior act limited. 

11. Sections of prior act renumbered. 

12. Takes effect on passage. 



Prior 

provisions 

repealed. 



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

Section i. That section i6 of chapter 70 of the Laws of „ . ,. 

11 1 11 1 I r 11 • 1 -^ 1 • , TVT Protection of 

1901 be hereby repealed and the lollovving be substituted : No deer, 
person shall hunt, catch, kill or destroy any deer within the 
limits of this state, except during the months of October and 
November in each year, and then only in the counties of Car- 
roll, Coos and Grafton, and in the towns of Danbury, Hill, 
Andover, Salisbury, Webster, Warner, Sutton and Wilmot in 
the county of Merrimack. 

Sect. 2. That section 18 of said chapter 79, be repealed. 

Sect. 3. That section 21 of said chapter be repealed. 

Sect. 4. That section ':;i of said chapter be amended by T^ransporta- 

... ~ , r 1 •! • tion of moose, 

striking out the words, "or fawn, so that said section when etc., how 
amended shall read as follows: Sect. 31. No person, cor- 
poration, or common carrier shall at any time, within the limits 
of this state, transport any moose, caribou, elk, under penalty 
of a fine of fifty dollars ($50), but such person, corporation, 
or common carrier may show in defense that such animals 
came in the regular course of business into their possession for 
transit through the state from some place without the state. 

Sect. 5. That section 32 of said chapter 79 be amended by Transporta- 
striking out the words, " and accompanied by him," so that reguiated^^ 
said section when amended shall read as follows : Sect. 32. 
No person, corporation, or common carrier shall transport 
within this state any deer or any parts thereof, except heads 
for mounting, unless open to view, tagged, and plainly labeled 
with the name of the actual owner, under penalty of a fine of 
fifty dollars ($50). 

Sect. 6. That section '?7 of said chapter 70 be amended by Provisions 

... ^ r- /- ^ o », r • t • not tO apply 

striking out the figures "34, 35, 36, and 38 of said section, to scientists, 
and inserting in place thereof the figures 32, 33, 34 and ;^6, so j 

that said section when amended shall read as follows : Sect. 
37. Sections 32, 33, and 34 of this act shall not apply to any 
person holding a certificate giving the right to take birds and 



496 



Chapter 84. 



[1905 



Birds, etc., 
taken for 
scientific pur- 
poses. 



Woodcock, 
grou.se, par- 
tridge, quail, 
and snipe. 



Repealing 
clause. 



their nests and eggs for scientific purposes, as provided for in 
section 36 of this act. 

Sect. 7. That section 38 of said chapter 79 be amended by 
striking out the figures " 37, 38 and 37 " of said section, and 
inserting in place thereof the figures 35. 36 and 35, so that said 
section when amended shall read as follows : Sect. 38. Cer- 
tificates may be granted by the fish and game commissioners 
to any properly accredited person of the age of eighteen years 
or upward, permitting the holder thereof to collect birds, their 
nests, or eggs for strictly scientific purposes only. In order to 
obtain such certificates the applicant for the same must present 
to the commissioners written testimonial from two well-known 
scientific men, certifying to the good character and fitness of 
said applicant to be intrusted with such privilege ; and must 
pay to said commissioners one dollar to defray the necessary 
expense attending the granting of such certificates; and must 
file with said commissioners a properly executed bond, in the 
sum of two hundred dollars ($200), signed by two responsible 
citizens of the state as sureties. This bond shall be forfeited 
to the state, and the certificate become void, upon proof that 
the holder of such a certificate has killed any bird, or taken 
the nest or eggs of any bird, for other than the purposes named 
in sections 35 and 36 of this act, who shall be further subject 
for each off'ense to the penalties provided therefor in section 35 
of this act. 

Sect. 8. That section 42 of said chapter 79 be amended by 
striking out the words "fifteenth day of September," and 
inserting in place thereof the words first da}^ of October, so 
that said section when amended shall read as follows : Sect. 
42. If any person shall, between the fifteenth day of Decem- 
ber in any year and the first day of October next following 
take, kill, or have in possession any woodcock, ruffed grouse, 
partridge, quail, or Wilson snipe, or shall at any time take, 
kill, or have in possession an}^ of said birds except for con- 
sumption as food within the state, he shall be fined ten dollars 
($10) for each bird so taken or destroyed or had in possession, 
or imprisoned sixty days, or both. 

Sect. 9. That section 80 of said chapter 79 be amended by 
striking out the figures " 25 " in said section and inserting in 
place thereof the figures 23, so that said section when amended 
shall read as Tollows : Sect. 80. This act shall take the place 
of chapters 130, 131, 132, and 133 of the Public Statutes, and 
all acts and parts of acts inconsistent with this act are hereby 
repealed, except that sections 15 to 23 of this act, both inclu- 
sive, shall not apply to the Blue Mountain Forest association, 
and except that existing special statutes relating to fish protec- 
tion, fishing, and deposits of sawdust in certain specified waters 
of the state shall not be repealed by this act. but shall be con- 



1905] 



Chapter 85. 



497 



tinned in force according to the tenor and meaning of said 
statutes. 

Sect. io. That nothinij in said chapter 70 shall be so con- Prior act 

■ , ° 1 • 1 , .• ^limited. 

strued as to conflict with any act relating to the exportation ol 
birds by non-residents. 

Sect. ii. That the several sections of said chapter 79 shall ?|numbered. 
be renumbered, so that the numbers of the sections of said 
<;hapter shall consecutively read from i to 79 inclusive. 

Sect. 12. This act shall take effect upon its passage. onpl^slf|e* 

[Approved March 10, 1905.] 



CHAPTER 85. 

AN ACT IN RELATION TO AN ACT APPROVED MARCH 1, 1905, ENTITLED 
"an act to REQUIRE NON-RESIDENTS TO PROCURE A LICENSE TO 
HUNT." 



Section 
1. Ciiange in engrossed copy author- 
ized. 



Section 
2. Takes effect on passage. 



J^c it enacted by the Senate and House of Representatives in 
General Court convened : 

Section i. The secretary of state is hereby authorized to change in en- 

1 ,1 1 ,-,11 1 • • grossed copy 

change the engrossed copy ot the above act by inserting a authorized, 
comma after the word " person" in the first line of section i, 
and by inserting a comma after the word "months" in the 
fourth line of said section of said engrossed copy. 

Sect. 2. This act shall take eft^ect upon its passasfe. Takes effect 

r r t3 on passage. 

[Approved March 10, 1905.] 



498 Chapter 86. [1905 

CHAPTER 86. 

AN ACT TO PROVIDE FOR REGISTERING, NUMBERING AND REGULATING 
THE SPEED OF AUTOMOUILES AND MOTOR VEHICLES AND FOR LICENS- 
ING THE OPERATOR THEREOF. 

Section ; Section 

1. Meaning of "automobile" and "mo- I 7. Brakes, mufflers, horns, and lights. 

tor cycle." i 8. Speed regulations. 

2. Registration by owner or person in ! 9. Management of machines in prox- 



control. 

3. Registration by manufacturer or 

dealer. 

4. Operators to be licensed. 

5. Use of highways prohibited unless 

machines registered and operators 
licensed; license of professional 
operators. 

6. Operation of machines owned by 

non-residents. 



imity to horses. 

10. Penalties for violations. 

11. Fees to be paid into state treasury. 

12. Permits for speed or endurance 

trials. 

13. If operator unlicensed, prima fucie 

evidence of negligence. 

14. Takes effect on passage. 



J5e it enacted by the Senate and House of Representatives in 
General Court convened: 

Meaning of SECTION I. The terms automobile and motor cycle as used 

and'-^motor^ in this act shall include all vehicles propelled by other than 
cycle." muscular power, except railroad and railway cars and motor 

vehicles running only upon rails or tracks and road rollers, y^ 
Registration Sect. 2. All automobiles and motor cycles shall be regis- 

Dv ownGi* etc 

' tered by the owner or person in control thereof in accordance 
with the provisions of this act.*^ Applications for such registra- 
tion shall be made, by mail or otherwise, to the secretary of 
stafe, upon blanks prepared under his authority. The applica- 
tion shall, in addition to such other particulars as may be 
required by the secretary of state, contain a statement of the 
name, place of residence, and address of the applicant, with a 
brief description of the automobile or motor cycle, including ^ 

, the name of the maker, the number, if any, affixed by the I 
maker, the character of the motive power and the amount 
of such power stated in figures of horse power, and with 
such application shall be deposited a registration fee of three 
dollars. Said secretary of state shall then register in a book 
to be kept for the purpose, the automobile or motor cycle 
described in the application, giving to such vehicle a distin- 
guishing number or mark, which in all cases shall be followed 
by the letters N. H., and shall thereupon issue to the applicant 
a certificate of registration and shall furnish such applicant 
with two number plates or tags bearing the distinguishing 
number or mark of his vehicle, followed by the letters N. H., 
of such form as to be conveniently attached to the vehicle reg- 
istered. The certificate shall contain the name, place of resi-^^^^ 
dence and address of the applicant, and the registered number 
or mark, and shall prescribe the manner in which such regis- 



1905] Chapter 86. 499 

tered number or mark shall be displayed upon the vehicle, and 
shall be in such form and contain such further provisions as 
the secretary of state may prescribe. The certificate of regis- 
tration shall always be carried in some easily accessible place 
in the vehicle described therein. A proper record of all appli- 
cations and of all certificates issued shall be kept by the secre- 
tary of state at his office and shall be open to the inspection of 
any person during reasonable business hours. Upon the sale 
of any automobile or motor cycle its registration shall expire 
and the vendor shall immediately return the certificate of regis- 
tration and number plates to said secretary of state, with notice 
of the sale and of the name, place of residence and address of 
the vendee. 

Sect. 3. Everv manufacturer of or dealer in automobiles Registration 
or motor cycles, may, instead of registering each such vehicle tur^-^or' ^^' 
owned or controlled by him, make application upon a blank ^®^'®'"- 
provided by the secretary of state, for a general distinguishing 
number or mark, and the secretary of state, shall, if the facts 
stated in said application are true, grant said application and 
issue to the applicant a certificate of registration containing the 
name, place of residence and address of the applicant and the 
general number or mark assigned to him and made in such 
form and containing such further provisions as said secretary 
of state may determine, and all automobiles or motor cycles 
owned or controlled by such manufacturer or dealer shall, 
until sold or let for hire, or loaned for a period of more than 
five successive days, be regarded as registered under such 
general distinguishing mark or number. The fee for every 
such license shall be ten dollars, and approved number plates 
or tags shall be furnished to the applicant by said secretary of 
state for the sum of one dollar per pair. 

Sect. 4. No person shall operate an automobile or motor operators to 
cycle until he shall have first obtained a license for that pur- ^®^^^®°^® 
pose. Applications for licenses shall be made upon blanks 
prepared by the secretar^y of state, and the licenses issued shall 
be in such form and contain such provisions as said secretary 
of state may determine. To each licensee shall be assigned 
a distinguishing number or mark, and a proper record of all 
applications for licenses and of all licenses issued shall be kept 
by the secretary of state at his office and shall be open to the 
inspection of any person during reasonable business hours. 
Each license shall state the name, place of residence and 
address of the licensee, and the distinguishing number or mark 
assigned to him. Such licenses shall be granted for one year 
only, and the fee therefor shall be one dollar. All fees shall 
be deposited at the time of making the application. Special 
licenses for operating automobiles for hire ma}'^ be issued by 
the secretary of state for an annual fee of five dollars each, but 
no license shall be issued under the provisions of this section 



500 



Chapter 86. 



[1905 



Use of high- 
ways prohib- 
ited unless 
machines reg- 
istered and 
operators 
licensed ; 
license of 
professional 
operators. 



Operation of 
machines ,: 
owned by non 
residents. 



Brakes, muf- 
flers, horns, 
and lights. 



until the secretary of state shall have first satisfied himself that 
the applicant is a competent and proper person to receive the 
same. Every licensee when operating a machine shall keep 
his license with him and exhibit it upon the request of any 
oflScer of the law. 

Sect. 5. Except as hereinafter provided, no person shall 
on or after the first day of May in the year nineteen hundred 
and five, operate an automobile or motor cycle upon any high- 
way laid out under the authority of statute or road dedicated to 
the public use for a highway, unless the provisions of sections 2 
and 4 of this act have been complied with, nor unless the regis- 
tered number or mark is at all times so displayed at two points 
upon the vehicle as to be unobstructedly visible, respectively 
from in front of, and behind said vehicle. Number plates fur- 
nished by the secretary of state shall be the only approved 
form of display of the distinguishing number or mark and the 
same shall be of uniform style, bearing the number legibly 
inscribed upon them in figures not less than four inches in 
height followed by the letters N. H. Motor cycles shall be 
required to carry but one number plate which must be con- 
stantly displayed in the most conspicuous position practicable. 
No person shall operate an automobile for hire unless specially 
licensed so to do, and no person shall employ for hire as 
chauffeur or operator of an automobile, any person not specially 
licensed as aforesaid, and the secretary of state may make 
regulations requiring a display of the chauffeur's or operator's 
number or mark. The provisions of this section shall not pre- 
vent the operating of automobiles by unlicensed persons if rid- 
ing with or accompanied by a licensed chauffeur or operator. 

Sect. 6. Automobiles or motor cycles owned by non- 
residents of this state and registered in some other state, may 
be operated upon the roads and highwa3's of this state, subject, 
however, to the speed limitations contained in this act. Any 
non-resident person holding an operator's or chauffeur's license 
from another state may operate an automobile or motor cycle 
in this state subject to a revocation or suspension of such right 
by the secretary of state for cause as hereinafter provided. 

Sect. 7. Every automobile or motor cycle operated within 
the state shall be provided with an adequate brake, with an 
efficient muffler or silencing device which shall constantly be 
maintained in use whenever the vehicle is operated within 
business districts or the compactly built sections of cities or 
towns. Every automobile or motor cycle shall further be 
provided with a suitable bell, horn or other means of signaling 
and shall during the period from one hour after sunset until 
one hour before sunrise, display lighted lamps upon the faces 
of which shall be displayed the distinguishing number of the 
machine in legible figures of not less than one inch in 
height. 



1905] Chapter 86. 501 

Sect. 8. No automobile or motor cycle shall be operated ^Pnl*^ ''®^"*^" 
upon any public highway outside the business district or the 
compactly built sections of a city or town at a speed greater 
than twenty miles an hour, or within the business districts or 
compactly built sections of a city or town at a speed greater 
than eight miles an hour. A point upon a road shall be con- 
sidered to be within the compactly built section of a city or 
town if the buildings abutting upon the road for one quarter of 
a mile immediately adjacent to the point in question average 
one hundred feet apart or less. Upon traversing a crossing of 
intersecting ways, in going around a corner or curve which 
cuts off a free view of the road to be traversed, or in traversing 
a highway bordering a steep descent or passing over a bridge, 
every person operating such a vehicle shall run it at a rate of 
speed less than that heretofore specified and at no time and in 
no place, greater than is reasonable and proper, having regard 
to traffic, the use of the way, and the safety of the public. In 
traversing a crossing of intersecting ways or in going around 
a corner or sharp curve in a road, the operator shall sound his 
horn or bell. 

Sect. 9. Every person having control or charge of an Management 
automobile or motor cycle, shall, whenever upon any public fn^oximUy 
street or way and approaching any vehicle drawn by a horse ^°^°^^®^- 
or horses or approaching any horse upon which any person is 
riding, operate, manage and control such automobile or motor 
cycle in such a manner as to exercise every reasonable precau- 
tion to prevent the frightening of such horse or horses and to 
insure the safety and protection of any person riding or driving 
the same. And, if such horse or horses appear to be fright- 
ened, the person in control of such automobile or motor cycle 
shall reduce its speed, and if requested by the raising of a 
hand or other signal, by the rider or driver of such horse or 
horses, shall not proceed further towards such animal and in 
cases of extreme fright shall upon request reduce the motive 
power to a full stop. 

Sect. 10. Any person convicted of violating any provi- Penalties for 
sions of this act shall be punished for the first offense by a fine ^^*^^^**°'^- 
of not exceeding ten dollars and costs. Any person convicted 
of a second or subsequent offense shall be punished by a fine 
of not exceeding fifty dollars and the revocation of his license 
or privilege. Any person convicted of operating an automo- 
bile or motor cycle after a revocation or suspension of his 
license or privilege, shall be punished by a fine not exceeding 
one hundred dollars or by imprisonment not exceeding thirty 
days, or by both such fine and imprisonment. A court convict- 
ing any person of violating any of the provisions of this act 
shall at once notify the secretary of state of such conviction, 
with the number, or mark of the machine and license, and shall 
transmit other information obtained at the hearing. This shall 



502 



Chapter 86. 



[1905 



Fees to be 
paid into state 
treasury. 



Permits for 
speed or en- 
durancetrials. 



If operator 
unlicensed, 
prima facie 
evidence of 
negligence. 



Takes effect 
on passage. 



be recorded by the secretary of state, and if at any lime it shall 
appear that any person has been convicted of a first offense in 
more than one court in this state the fact of the second convic- 
tion shall be deemed a second offense and his license, or, if a 
non-resident, his privilege, shall be revoked. Upon such 
revocation his license shall be returned to the secretary of 
state. The secretary of state shall not again grant a new 
license, to any person, or renew the privilege of a non-resident, 
after revocation under the provisions of this section, except for 
good reasons shown and not before the expiration of three 
months from the date of such revocation. 

Sect. ii. It shall be the duty of the secretary of state to 
perform all acts as provided herein. The fees received under 
the provisions of this act shall be paid quarterly by the sec- 
retary of state into the treasury of the state, and such expenses 
as rnay be necessary in carrying out the provisions of this act 
shall be paid out of the treasury of the state. 

Sect. 12. Nothing in this act shall be construed to prevent 
the selectmen of any town, or the joint boards of the selectmen 
of two or more adjoining towns, from issuing a special permit 
to the manager or person in charge of an automobile meet or 
gathering, for trials of speed or endurance upon a particular 
highway or over a specified route. But such permit shall be 
limited to days specified therein. Every family residing on 
such highway or route shall be notified in writing, and the 
public shall be notified by publication in the local newspapers 
issued the week next prior to such meeting, that such permit 
has been granted. All expenses incurred under this section 
shall be paid by the applicant and no such permit shall be 
a protection from the general provisions of this act except upon 
a strict compliance herewith, and shall in no way annul or 
modify any of the provisions of section 9 of this act. 

Sect. 13. If any person sustains an injury to himself or 
team on any public highway by reason of the presence of any 
automobile or motor cycle thereon, the fact of such injury shall 
be frima facie evidence sufficient to sustain an action of case 
to recover for such injury, unless the vehicle causing such 
injury is under the control of or accompanied by a person 
holding a chauffeur's or operator's license. This section shall 
not apply to any automobile or motor cycle left in any high- 
way from necessity, or otherwise left in a reasonable manner, 
by a licensed chauffeur or operator. 

Sect. 14. Except as otherwise provided herein this act 
shall take effect upon its passage. 

[Approved March 10, 1905.] 



1905] 



Chapters 87, 88. 



503 



CHAPTER 87. 



AN ACT FOR THE BETTER PROTECTION OF BROOK AND SPECKLED TROUT 
IN PARTS OF CARROLL AND COOS COUNTIES. 



Section 

1. Fishing forbidden in certain waters. 

2. Penalty for violation. 



Section 
3. Takes effect on passage. 



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

Section i. It shall not be lawtul to catch or take in any Fishing for- 
manner brook or speckled trout from any brooks or tributaries tain waters, 
emptying into the Ellis or the Wildcat rivers, the east branch 
and the west branch of the Saco river, or the ponds in Carter's 
notch, all in the northern part of Carroll and southern part of 
Coos counties, for the term of six years from the passage of 
this act. 

Sect. 2. Any person violating this act shall be fined Penalty, 
twenty dollar^ for each offense, or be imprisoned thirty days, 
or both. 

Sect. 'X. This act shall take effect on its passage. Takes effect 

^ ^ ca on passage. 

[Approved March 10, 1905.] 



CHAPTER 88. 

AN ACT TO PROTECT UNION RIVER AND ITS TRIBUTARIES FROM POLLUTION 
BY SAWDUST AND OTHER WASTE. 



Section 
1. Deposit of sawdust, etc., prohibited; 
penalty. 



Section 
2. Takes effect April 15, 1905. 



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

Section i. No person or corporation shall put or place, or Deposit pro- 
cause to be put or placed, any sawdust, shavings, edgings, auy*^*^' ^®'^' 
chips, bark or other waste from sawmills or other wood-work 
establishments into Union river, so called, or its tributaries, in 
the towns of Brookfield and Wakefield in Carroll county and 
the town of Milton in Straft'ord county. Any person or cor- 
poration violating the provisions of this act shall be punished 
by a fine not exceeding one hundred dollars for each offense. 

Sect. 2. This act shall take effect on April i=;th, igoi;. Takes effect 

Approved March 10, 1905.] 



504 



Chapter 89. 



[1905 



CHAPTER 89. 

AN ACT TO AMEND CHAPTER 96, SESSION LAWS OF 1901, (aS AMENDED 
BY CHAPTER 118, SESSION LAWS OF 1903) ENTITLED " AN ACT 
RELATING TO HIGH SCHOOLS." 



Section 
1. Appropriation of state funds for high- 
school tuition. 



Section 
2. Takes effect on passage. 



Appropriation 
for high- 
school tuition. 



Takes effect 
on passage. 



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

Section i. Section 3 of chapter 96, session Laws of 1901 
(as amended by chapter 118, session Laws of 1903) is hereby 
amended by substituting the word eight for the word " five" in 
line I, so that said section shall read: Sect. 3. Eight thou- 
sand dollars shall be appropriated annually from the state 
treasury for the payment of tuition in high schools or acade- 
mies, to be paid by the state treasurer in the month of Decem- 
ber of each year to the treasurer of such towns as are entitled, 
and in such manner as is hereinafter provided, upon a sworn 
certificate of the superintendent of public instruction of the 
sums due. Towns whose rate of taxation for school purposes 
in any year is $3.50 or more on $1,000, and whose average rate 
of taxation for all purposes for five years next preceding is 
$16.50 or more on $1,000, shall receive a share of said appro- 
priation as follows : If the tax rate is from $16.50 to $17.49, 
one tenth of the tuition paid. If the tax rate is from $17.50 to 
$18.49, ^^*^ tenths of the tuition paid. If the tax rate is from 
$18.50 to $19.49, three tenths of the tuition paid. If the tax- 
rate is from $19.50 to $20 49, four tenths of the tuition pa d. 
If the tax rate is from $20.50 to $21.49, five tenths of the tui- 
tion paid. If the tax rate is from $21.50 to $22.49, ^'^ tenths 
of the tuition paid. If the tax rate is from $22.50 to $23.49, 
seven tenths of the tuition paid. If the tax rate is from $23.50 
to $24.49, ^ight tenths of the tuition paid. If the tax rate is 
from $24.50 to $25.49, nine tenths of the tuition paid. Over 
$25.49, ^^^ whole of such tuition. If more than $8,000 should 
be needed in any year for the purposes of this act, the said 
$8,000 shall be distributed fro rata to the towns entitled to 
receive the same, in accordance with the foregoing classifi- 
cation. 

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

[Approved March 10, 1905.] 



1905] 



Chapters 90, 91. 



CHAPTER 90. 



505 



AN ACT TO AMEND SECTION 6, CHAPTER 96, LAWS OF 1901, RELATING 
TO HIGH SCHOOLS AND ACADEMIES. 



Section 
1. School district may contract with 
high school or academy within the 
state. 



Section 

2. Repealing clause. 

3. Takes effect on passage. 



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

Section i. Amend section 6, chapter 96, session Laws of District may 
1901 (as amended by chapter 118, session Laws of 1903) by h?gh-schooi 
striking out all of said section and inserting in place thereof *"''^^*°'^- 
Sect. 6. Any school district may make contracts with any 
academies or high schools or other literary institutions located 
in the state for furnishing instruction to its scholars ; and such 
school district may raise and appropriate money to carry into 
effect any contracts in relation thereto. Every such academy 
or high school or literary institution shall then be deemed a 
high school maintained by such district, if approved by the 
superintendent of public instruction in accordance with sec- 
tion 4 of this act. 

Sect. 2. All acts or parts of acts inconsistent herewith are Repealing 
hereby repealed. clause. 

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

^ ^ ^ on passage. 

[Approved March 10, 1905.] 



CHAPTER 91. 

AN ACT TO AMEND CHAPTER 46, SESSION LAWS OF 1895, AN ACT REQUIR- 
ING TRUANT OFFICERS OR AGENTS APPOINTED BY THE SCHOOL BOARDS 
OF CITIES AND TOWNS TO MAKE AN ANNUAL ENUMERATION OF CHILDREN 
BETWEEN THE AGES OF FIVE AND SIXTEEN YEARS. (aS AMENDED BY 
CHAPTER 86, SESSION LAWS OF 1903.) 

H 
Section 1. Annual enumeration to be made in September. 

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

Section i. Amend section i by striking out the word Annual enu- 
" October "in line 3 and substituting therefor the word Sep- be made in 
tember ; so that said section as amended shall read : Sec- ^^p^^"'^^'"- 
TiON I. Truant officers or agents appointed by school boards 
of cities and towns shall annually, in the month of September, 



606 



Chapter 92. 



[1905 



make an enumeration of the children of each sex, between the 
ages of five and sixteen years, in their town or city, giving 
such items in regard to each child as may be required by the 
school board or the state superintendent of public instruction, 
and shall make a report to the school board thereof within 
fifteen days after the completion. 

[Approved March lo, 1905.] 



CHAPTER 92. 



AN ACT TO ESTABLISH A STATE SANATORIUM FOR CONSUMPTIVES. 



Section 
1. To be established by state. 

Goyernor to appoint board of trus- 
tees. 

Trustees to report on proposed loca- 
tions, purchase site, and erect 
buildings. 

Trustees created a corporation; pow- 
ers. 

Compensation of trustees. 

Charges for support of patients. 

Treasurer, appointment and duties. 



2. 



3. 



Section 

8. Building expenses to be audited. 

Annual report of trustees. 

Appropriation of $50,000, how pro- 
vided. 

Scrip or certificates of indebtedness, 

. form of. 

Scrip or certificates, when to be 
issued. 

Act void if suitable institution other- 
wise provided; takes effect May 1, 
1907. 



9. 
10. 



11. 



12. 



13. 



To be estab- 
lished by 
state. 



Governor to 
appoint board 
of trustees. 



Report on 
proposed lo- 
cations; erec- 
tion of build- 
ings. 



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

Section i. The state shall establish an institution for the 
treatment of tuberculosis to be known as the New Hampshire 
State Sanatorium, for which a site shall be selected and build- 
ings erected, and which shall be governed in the manner here- 
inafter set forth. 

Sect. 2. The governor, with advice and consent of the 
council, shall appoint five persons, at least two of whom shall 
be physicians, who shall constitute a board of trustees of the 
institution, and who shall hold office for terms of one, two, 
three, four, and five years, respectively, beginning with the 
first Monday in May of the present year, and until their suc- 
cessors are appointed and qualified ; and previous to the first 
Monday in May in each year thereafter there shall be appointed 
in like manner one trustee to hold the office for a term of five 
years, beginning with the first Monday in May of the year of 
his appointment, and until his successor is appointed and quali- 
fied. Any vacancy shall be filled for the unexpired term by 
the governor with the advice and consent of the council. 

Sect. 3. The said board of trustees shall select one or more 
localities, such as they may deem suitable for a site for said 
sanatorium and which shall not be less than eight hundred feet 



1905] Chapter 92. 507 

above sea level, and shall make a report upon the said pro- 
posed location or locations to the governor and council, and no 
site shall be chosen until its location has been approved by the 
said governor and council. After the location shall have been 
approved, as herein provided, the said board of trustees shall 
have authority to purchase, in behalf of the state, real estate 
for the said sanatorium and cause to be erected thereon suit- 
able buildings for the accommodation of patients, officers, 
employes and attendants, in the construction of which build- 
ings New Hampshire architects, materials and labor shall be 
employed as far as practicable, and to pfovide for the equip- 
ment and furnishing of said buildings, the total expenditure not 
to exceed the amount appropriated in this act. 

Sect. 4. The said board of trustees shall be a corporation, Trusteesa 
known as Trustees, New Hampshire State Sanatorium, with 
power to sue in any court in the state upon any contract to 
which it is by law authorized to be a party ; to manage and 
control the property and concern of the sanatorium ; to appoint 
a superintendent, who shall be a physician ; to appoint, upon 
the nomination of the superintendent, such stewards, matrons, 
assistant physicians, and nurses as the board may, from time 
to time, deem necessary or proper ; to appoint such other 
employes, laborers, and helpers as the board deems neces- 
sary ; to determine the salaries and compensation of all per- 
sons rendering service to the board of trustees or to the san- 
atorium ; to take and hold in trust for the state any grant, 
devise, bequest, or donation of land, money, or other property 
for the use of the sanatorium, or for the maintenance or help of 
any patient or patients in said sanatorium ; and to adopt such 
by-laws and rules as the board may deem necessary or proper 
for the management of their business affairs, the admission of 
patients, and for the government of the sanatorium. 

Sect. 5. After the establishment of said sanatorium said compensation 
trustees shall receive no compensation for their services, but ° 
they shall be reimbursed from the treasury of the state for all 
expenses actually incurred by them in the performance of their 
official duties. The governor and council shall fix the com- 
pensation to be paid to them for services rendered in the selec- 
tion and purchase of real estate, and in the construction, equip- 
ment, and furnishing of the sanatorium buildings. 

Sect. 6. The charges for the support of patients in the charges for 
sanatorium who are able to pay for their care and treatment plt^nts° 
shall be fixed by the board of trustees. Persons in indigent 
circumstances, and whose relatives legally chargeable with 
their support are unable to provide for such treatment, may be 
received for treatment at the expense of the state upon an order 
issued by the state board of charities and correction, said order 
to be based upon satisfactory evidence to be kept on file in the 
office of the said board that the said patient is entitled to treat- 



508 



Chapter 92. 



[1905 



Treasurer, 
appointment 
and duties. 



Building ex- 
penses to be 
audited. 



Annual re- 
port. 



ment under the provisions of this section. In cases where the 
said state board of charities and correction finds that persons 
applying for treatment at the sanatorium, or whose relatives 
chargeable with their support are able to pay only a part of the 
weekly expense of maintenance at the institution, the said 
board may issue an order to admit such persons to the said 
institution for treatment, and the state shall be holden for the 
amount necessary to make up the deficit ; but when supported 
in whole or in part by the state, as herein provided, only the 
actual cost of maintenance shall be charged, and in no case 
shall any aid rendered any individual under the provisions of 
this act be construed so as to deprive him of any rights that 
he may have possessed at the time of his admission to the 
institution. 

Sect. 7. The board of trustees shall select a competent 
person for treasurer, who shall have the custody of all moneys 
received and all money, securities and obligations belonging to 
the sanatorium. He shall keep a full and accurate account of 
all receipts and payments in the form and manner prescribed 
by the by-laws, and such other accounts as shall be required 
of him by the board of trustees. He shall render a quarterly 
statement of all receipts and payments, and shall render such 
further accounts of the state of his books and of the funds and 
other property in his custody as may be required by the trus- 
tees. He shall receive for the use of the sanatorium money 
which may be paid upon obligations or securities in his hands 
belonging to the institution, and all sums paid to the sana- 
torium for the support of any patient therein, or for actual 
disbursements made in any patient's behalf, and money paid 
to the sanatorium from any other source. He shall pay all the 
legitimate expenses of the institution, upon approval of the 
auditing committee. He shall deposit all moneys received for 
the care of patients and all other revenues in a bank desig- 
nated by the board of trustees. The said treasurer, before 
assuming the duties of office, shall give a satisfactory bond to 
the board of trustees in such amount as they may determine, 
for the faithful performance of his duties. 

Sect. 8. All bills contracted by the trustees in purchasing 
a site, erecting and repairing buildings, and in operating the 
institution shall be audited by the auditor of the state treas- 
urer's accounts, and the governor shall draw his warrant upon 
the treasury to pay the same. 

Sect. 9. The trustees shall, on or before the first day of 
October of each year, furnish a report to the governor and 
council containing a history of the institution for the year, 
number of persons treated, results of treatment, and a complete 
statement of accounts, with all the funds, general and special, 
appropriated or belonging to the said institution, with a 
detailed statement of disbursements. 



1905] Chapter 92. 509 



Sect. io. For the purpose of carryinir out the provisions Appropnat 

r , • , r /r. .1 i / J^ \ 1 1 1 t 1 1 U of $50,000, h 

of this act, the sum of nfty thousand (q?50,ooo) dollars shall be provided, 
set apart and shall be provided in the manner following : 

The state treasurer shall issue scrip or certificates of indebt- 
edness to the amount aforesaid. Such scrip or certificates of 
indebtedness shall be issued as registered bonds with interest 
coupons attached, and shall bear interest at a rate not exceed- 
ing three and one half per cent, per annum ; they shall be 
designated on the face thereof, New Hampshire State San- 
atorium Loan, and shall be deemed a pledge of faith and 
credit of the state, and the principal and interest thereof shall 
be paid at the time specified therein in gold coin of the United 
States or its equivalent. Such scrip or certificates of indebted- 
ness shall be sold or disposed of at public auction or in such 
other manner and at such times and prices, in such amounts 
and at such rates of interest, not exceeding the rate above 
specified, as shall by the state treasurer be deemed advisable. 
Said scrip or certificates of indebtedness shall be issued in such 
denominations, each certificate being for not less than one 
hundred dollars ($ioo) nor more than one thousand dollars 
($i,ooo), as the state treasurer shall deem advisable. They 
shall be payable in ten years from the date of their issue ; after 
the expiration of said ten years from the date of issue, interest 
thereon shall cease. 

Sect. ii. All scrip or certificates issued for the purposes Form of cer 
of this act shall be signed by the state treasurer and counter- 
signed by the governor. A record of said issues shall be kept 
which shall show the date and amount of each issue and the 
number and denomination of the certificates and the persons to 
whom sold or issued. This record shall be kept in duplicate 
and one copy retained by the state treasurer and the other 
deposited with the secretary of state, each record to be kept in 
the office of the officer above named as custodian and to be 
accessible at all times for inspection by the public. 

Sect. 12. The scrip or certificates of indebtedness shall be certificates, 

, - . . ^ 1 11 , • ^ r .^ T When to be 

issued from time to time as shall be required lor the expendi- issued, 
tures made under the authority of said trustees for the purposes 
specified in this act; but the issue thereof may be made a suffi- 
cient length of time in advance, so that the payment of the 
state's obligations in this behalf may be made promptly and 
without making it necessary to appropriate other funds for the 
purpose. 

Sect. 13. In case a sanatorium for consumptives, suitable Actvoidif 
in the judgment of the governor and council and the secretary otherwise 
of the state board of health, to meet the public demand, shall takes^e^ect 
be established in this state prior to May i, 1907, this act shall May 1,1907. 
be null and void. Otherwise it shall take eflfect on that date. 

[Approved March 10, 1905.] 



ion 
how 



510 



Chapter 93. 



[1905 



CHAPTER 93. 

AN ACT IN RELATION TO POLITICAL CAUCUSES AND CONVENTIONS. 



Caucuses, 
how called. 



Notice, to 
contain what; 
polls open, 
how long. 



Ballot by 
check-list; 
plurality to 
determine. 



Preparation 
of check-list. 



SECnON 

1. Town and ward caucuses, how called. 

2. Notice to contain what; polls to re- 

main open, how long. 

3. Ballot and check-list to be used; plu- 

rality to determine. 

4. Preparation of check-list. 

5. Character of ballots and conduct of 

caucus. 

6. Irregular voting prohibited. 



Section 

7. Who may vote in caucus; penalty 

for violations of act. 

8. Preservation of check-list. 

9. Legality of nominations to be cer- 

tified. 

10. Act in force, where. 

11. Takes effect on passage; repealing 

clause. 



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

Section i. All town and ward caucuses shall be called b}^ 
a notice posted in five conspicuous places in the town or ward, 
one of which places shall be the post-office, if there is one in 
said town or ward, and published in some newspaper, if there 
be any, published in the town or city, ten days or more before 
the day of the caucus. 

Sect. 2. Said notice shall specify the place and the day 
and hour of meeting, and shall further state the time during 
which the polls shall be open for the reception of ballots, which 
at caucuses for the election of delegates to conventions shall be 
fixed by the executive committee of the party in the town or 
ward holding the caucus, but in no case shall the time during 
which the polls shall be open be less than one hour. At all 
other caucuses the time shall be, in towns and wards having 
not more than two thousand inhabitants according to the last 
preceding national census, not less than two hours, and in 
towns and wards having more than two thousand inhabitants 
according to such census, not less than three hours. 

Sect. 3. All nominations and elections at any caucus shall 
be by ballot, and in balloting a check-list shall invariably be 
used ; a plurality shall in every case be sufficient to nominate 
or elect. 

Sect. 4. The check-list for use at any caucus shall be 
prepared by the local executive committee of the party holding 
said caucus. Notice of the times and places where the execu- 
tive committee will attend for the purpose of receiving evidence 
and suggestions as to the make-up of the check-list, shall be 
given in the same manner as notice of the caucus is required 
to be given. No man shall be allowed to vote in the caucus 
unless his name is on the said check-list. No name shall be 
placed on the check-list after the hour for the opening of the 
caucus has arrived except the name of a person whose right to 
vote in the caucus is well known to the executive committee. 



1905] Chapter 93. 511 

Sect. t;. The local executive committee of the party hold- character of 

*-' J. •/ OflllOtS cLIlQ 

ing the caucus shall have full power to regulate the form, size, conduct of 
and character of the ballots to be used, and also to regulate the ^*"'^"^- 
manner of conducting the caucus, in any way consistent with 
the provisions of this act. 

Sect. 6. No person shall vote in any caucus unless his Jn^'^^^o^fijT^*' 
name is on the check-list used by said caucus, or upon the ited. 
name of any other person, and no person shall vote in the 
caucus of more than one political party, or having voted in the 
caucus of a political party sign the nomination papers of any 
other political party. 

Sect. 7. No person shall vote in any caucus unless he who may 

, ' 1 • 1 /-I 1 1 T 1 vote ; penalty 

intends to support the ticket of the party holding the caucus at for violations, 
the next ensuing election. When the right of any person to 
vote in a caucus is challenged he shall stand aside and sub- 
scribe to the following oath or affirmation before his vote shall 

be received : I, , do solemnly swear (or affirm) that 

I am a legal voter in , and that I intend to vole the 

ticket of the party holding this caucus at the next ensuing 
election. Any person who shall violate any of the provisions 
of this act shall be punished by a fine not exceeding one hun- 
dred dollars or by imprisonment not exceeding thirty days. 
Any person who shall swear falsely in regard to the provisions 
of this act shall be guilty of perjury and punished accord- 
ingly- ^ 

Sect. 8. The presiding officer of every caucus shall, within ^P!f^^*i*.°? 
forty-eight hours after the close of said caucus, file with the 
clerk of the city or town in which such caucus was held, the 
check-list used in said caucus, and the said clerk shall keep 
the same for the full period of two calendar months thereafter, 
in his office, open to the inspection of every citizen of such city 
or town, and shall not make nor permit to be made upon such 
check-list any mark whatever. 

Sect. 9. In filing nominations with the secretary of state Legality of 
the presiding officer of the caucus shall certify that the caucus tobecertified. 
was called and conducted according to the provisions of this 
act. If nominations are not accompanied by such certificate 
they shall not be placed upon the official ballot. 

Sect. 10. This act shall be in force in all cities of twelve Act in force, 
thousand inhabitants, according to the census of 1900, and in 
such other cities and towns of the state as shall by majority 
vote of the voters at an annual or biennial meeting adopt the 
same. 

Sect. ii. This act shall take effect upon its passage, and Takeseffect 

1 /-IT r 1 1 1 1 .on passage; 

chapter 105 of the L,aws of 1901 as amended by chapter 40 01 repealing 
the Laws of 1903 is hereby repealed. 

[Approved March 10, 1905.] 



512 Chapters 94, 95. [1905 

CHAPTER 94. 

AN ACT IN AMENDMENT OF SECTION 1 OF CHAPTER 216 OF THE PUBLIC 
STATUTES RELATING TO ACTIONS. 

Section i Section 

1. Transitory actions, where brought. | 2. Talses effect on passage. 

Be it enacted by the Senate and House of Representatives in 
General Court convened: 
Transitory SECTION I. That section I of chapter 2i6 of the Public 

flctioDs wncr© 

brought. Statutes be amended by adding the words An action by or 

against an executor or administrator shall be brought in the 
same county or in one of the counties in which it might have 
been brought by or against the testator or intestate at the time 
of his decease, provided, however^ that nothing in this act 
shall affect the right of any executor or administrator to main- 
tain an action in the county wherein he is appointed, so that 
said section shall read: Section i. Transitory actions, in 
which any one of the parties is an inhabitant of the state, shall 
be brought in the county and judicial district where some one 
of them resides. If no one of the parties is an inhabitant of 
the state, the action may be brought in any county. An 
action by or against the executor or administrator shall be 
brought in the same county or in one of the counties in which 
it might have been brought by or against the testator or intes- 
tate at the time of his decease, provided^ kozvever, that nothing 
in this act shall affect the right of any executor or administrator 
to maintain an action in the county wherein he is appointed. 

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

on passage. ' r & 

[Approved March lo, 1905.] 



CHAPTER 95. 

AN ACT TO AMEND SECTION 14, OF CHAPTER 286 OF THE PUBLIC STATUTES 
RELATING TO THE SALARY OF THE JUDGE OP PROBATE FOR COOS COUNTY. 

Section I Section 

1. Annual salary to be $900. ' 2. Takes effect on passage. 

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

Annual salary SECTION I. That scction 14, chapter 286 of the Public 
$900. Statutes, and any amendment thereof, be amended by strik- 

ing out the twelfth line of said section, and inserting in place 
thereof the following: In Coos county nine hundred dollars. 
Takeseffect Sect. 2. This act shall take effect on its passage. 

on passage. ^ ° 

[Approved March lo, 1905. J 



1905] 



Chapters 96, 97. 



618 



CHAPTER 96. 



AN ACT IN AMENDMENT OF CHAPTEK 12, SECTION 10 OF THE PUBLIC 
STATUTES PROVIDING FOR MORE EXTENSIVE ADVERTISING OF THE NAT- 
URAL RESOURCES AND ATTRACTIONS OF THE STATE. 



Section 
1. Encouragement of immigration and 
summer residence. 



Section 
2. Takes effect on passage. 



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

Section i. Chapter 12, section 10 of the Public Statutes Encourage- 
is hereby amended by adding after the word "immigration" grauon/etc?^' 
in the third hne of said section the words or summer residence : 
and by striking out the word " two" in the sixth line of said 
section and inserting the word three, so that said section as 
amended shall read as follows : [Sect. 10.] The secretary 
shall collect information in relation to opportunities for develop- 
ing the agricultural resources of the state through immigration 
or summer residence, and shall cause the facts obtained and a 
statement of the advantages offered to be circulated wherever 
the board may consider it to be for the best interests of the 
state ; and the expense thereof not exceeding three thousand 
dollars annually as audited and allowed by the governor and 
council, shall be paid from the state treasury. 

Sect. 2. This act shall take effect upon its passage. J^^tlf5.?5* 

r r & on passage. 

[Approved March 10, 1905.] 



CHAPTER 97. 



AN ACT FOR THE PROTECTION OF FORESTS FROM FIRE. 



Section 
1. Fire 



chiefs constituted forest fire 
wardens; duties; right to arrest. 

Wardens may call for assistance; 
failure to respond, how punished; 
compensation for assistance. 

Wardens to report to forestry com- 
mission and county solicitors. 

If no fire department, forestry com- 
mission may appoint warden; com- 
pensation of wardens. 



Section 

5. Wardens in unorganized towns, how 

appointed and paid. 

6. Neglect of duty by warden, how pun- 

ished. 

7. Failure to extinguish or report forest 

flre, how punished. 

8. Repealing clause; act takes effect on 

passage. 



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

Section i. In cities and towns where organized fire depart- ^e^orestfl^re' 
ments are established the chief of the fire department is hereby wardens; du- 
constituted forest fire warden for such city or town. In time of aV^re's"^ 



514 



Chapter 97. 



[1905 



Wardens may 
call for assist- 
ance; failure 
to respond, 
how pun- 
ished; com- 
pensation for 
assistance. 



Wardens to 
report to for- 
estry commis- 
sion and 
county 
solicitors. 



If no fire 
department, 
forestry com- 
mission may 
appoint war- 
den; compen- 
sation of 
wardens. 



drought the forest fire wardens, themselves or by some agent or 
agents designated by them shall, when directed by the forestry 
commission, patrol the woods in their respective cities or towns, 
warning persons who traverse the woods, campers, hunters, 
fishermen and others, about lighting and extinguishing fires. 
They shall post extracts from the fire laws, and other notices 
sent to them by the forestry commission, along highways, 
along streams and waters frequented by tourists and others, at 
camp sites and in other public places. If, in woodlands thus 
posted, any person, other than the owner of said lands or his 
agents acting under his direction, shall build fires when warned 
not to do so by the forest fire warden, or shall fail to extinguish 
a fire when ordered to do so by the warden, he may be arrested 
by the warden without a warrant. 

Sect. 2. It shall be the duty of the warden to extinguish 
all brush or forest fires occurring in his town, and he may call 
such assistance as he shall deem necessary to assist him in so 
doing, and may require the use of wagons, tools, horses, etc., 
for that purpose. If any person fails to respond to the warden's 
call for his assistance or the use of his property, he shall be 
fined not exceeding ten dollars. The city or town shall pay 
reasonable compensation for their services to all persons sum- 
moned to assist the warden and for the use of all property 
required by him in the extinguishment of a forest or brush fire. 
In case the warden and the persons summoned to assist him or 
to furnish the use of property, shall fail to agree upon the 
terms of compensation at the time or after the required service 
has been rendered, the dispute shall be referred to the com- 
missioners of the county in which the cit}'^ or town is located 
for final settlement. 

Sect. 3. Forest fire wardens shall make reports of their 
doings to the forestry commission in such form and at such 
times as the commission may require. If a warden has reason 
to believe that any brush or forest fire in his city or town was 
caused in violation of statute he shall report to the county 
solicitor all the facts coming within his knowledge and said 
solicitor, if the facts as so reported seem to him sufficient, shall 
take action to recover the penalty fixed by statute for such 
violation. 

Sect. 4. In towns where no organized fire department 
exists the forestry commission shall annually designate some 
member of the board of selectmen as forest fire warden, who 
shall perform in his town all the duties hereinbefore set forth 
for wardens in cities and towms having organized fire depart- 
ments. All forest fire wardens hereinbefore provided for shall 
receive pay for their services from the city or town treasurer in 
such sums and in such manner as they are ordinarily paid for 
services as members of the fire department or as selectmen. 



1905] 



Chapter 98. 



515 



Sect. =;. In unoriranized towns, the forestry commission, wardens in 

• • uiior£r3<iiiz6d 

on the application of the owners of forest land situated therem, towns, how 
are authorized to appoint a suitable number of special forest pafd.'° ^ 
fire wardens, to define their duties and to fix their compensa- 
tion. The cost of such special forest fire wardens shall be paid 
bv the persons making application for their appointment, and, 
upon certificate of the forestry commission, one half of such 
sum shall be repaid to the applicants by the treasurer of the 
county wherein said unorganized township is located. 

Sect. 6. If any forest fire warden provided for in sections Neglect of 

1 /-I- 111 1 r r II.' duty by war- 

I and 4 oi this act shall neglect or reiuse to pertorm the duties den, how 
prescribed for him he shall forfeit not less than $ioo nor more ^^^^^ 
than $500, to be recovered in an action for debt, upon complaint 
of the forestry commission, and all forfeitures so recovered shall 
be paid into the state treasury. 

Sect. 7. It shall be the dut}' of any person who discovers Failure to ex- 
a forest or brush fire not under the control or supervision of port"flre,°how 
some person to extinguish it or to report it immediately to the P^i^ished. 
local fire warden, and failure so to do shall be punished by a 
forfeiture not exceeding ten dollars, to be recovered upon com- 
plaint of the warden. 

Sect. 8. All acts and parts of acts inconsistent with this Repealing 
act are hereby repealed, and this act shall take effect upon its takes effect 
passage. 

[Approved March 10, 1905.] 



on passage. 



CHAPTER 98. 



AN ACT TO PROHIBIT THE USE OF SWIVEL AND PUNT GUNS. 



Section 
1. Use of certain fire-arms in hunting, 
how punished. 



Section 
2. Takes effect on passage. 



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

Section i. If any person shall, at any time, within this use of certain 
state, hunt, pursue, shoot at, or kill any game bird, as defined puni^sh^d.'^^^ 
by section 34 of chapter 79 of the Laws of 1901, with any 
punt gun, swivel gun, or other gun not fired from the shoulder, 
or of larger bore than ten gauge, he shall be fined not more 
than ten dollars for each offense and shall forfeit all guns and 
implements with which the offense was committed. And all 
guns and implements so used shall be seized by any detective, 
constable or police officer and shall be destroyed by the person 
seizing them. 

Sect. 2. This act shall take effect on its passage. onpassf|e.* 

[Approved March 10, 1905.] 



516 



Chapter 99. 



[1905 



CHAPTER 



99- 



AN ACT TO AMEND SECTIONS 7 AND 14, CHAPTER 53, OF THE PUBLIC 
STATUTES, RELATING TO VILLAGE DISTRICTS. 



Section 

1. OflScers of village districts, powers, 

etc. 

2. Clerk to notify town clerks of ap- 

pointment of flre engineers. 



Section 
3. Repealing clause; act takes effect on 
passage. 



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



Officers, pow- 
ers, etc. 



Section i. Amend section 7, chapter 53 of the Public Stat- 
utes, by inserting after the words "The commissioners shall," 
in the seventh line of said section, the following words : — 
appoint a chief engineer, and two assistant engineers to serve 
in the fire department for the ensuing year, and may remove 
said engineer, or engineers, for cause, after hearing, and shall 
— so that said section, as amended, shall read as follow^s : 
Sect. 7. The moderator, clerk, treasurer, and commission- 
ers shall severally qualify and possess the same powers and 
perform the same duties in respect to the district's meetings 
and business affairs that the moderator, clerk, treasurer, and 
selectmen of towns respectively possess and perform in respect 
to like matters in towns. They shall hold office for one year 
and until their successors are chosen and qualified. The com- 
missioners shall appoint a chief engineer, and two assistant 
engineers to serve in the fire department for the ensuing year, 
and may remove said engineer, or engineers, for cause, after 
hearing, and shall fill vacancies in the offices of clerk and 
treasurer and in their own board, in the same manner as select- 
men are required to fill vacancies in corresponding town 
offices, 
cierktonotify Sect. 2. Amend scction 14 of said chapter 53 by striking 
ippointmlnt^* out the word "election" in the second line thereof, and sub- 
gine^erl!^' stituting therefor the word appointment, so that said section, as 
amended, shall read as follows: Sect. 14. The clerk of any 
district having firewards or engineers shall forthwith, after 
their appointment, from time to time report their names and 
post-office addresses to the town clerks of the town in which 
the district is situated ; and if he fails to do so, he shall be 
fined twenty dollars, one half for the use of the complainants 
and the other half for the use of the towns. 

Sect. 3. All acts and parts of acts inconsistent with this 
act are hereby repealed, and this act shall take effect upon its 
passage. 

[Approved March 10, 1905.] 



Repealing 
clause; act 
takes effect 
on passage. 



1905] Chapters 100, 101. 517 

CHAPTER loo. 

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

Section | Section 

1. Annual state tax of $500,000. I 2. Takes effect on passage. 

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

Section i. The sum of five hundred thousand dollars Annual tax of 
shall be raised annually for the use of the state for the years 
1906 and 1907 and the state treasurer is hereby directed season- 
ably 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 January session of the legislature in 1903 ; and the 
selectmen of such towns and places and the assessors of such 
cities are hereby directed to assess the sum specified in said 
warrants and cause the same to be paid to said treasurer on 
or before the first day of December, 1906 and 1907 ; and the 
state treasurer is hereby authorized to issue his extent for all 
taxes which shall remain unpaid on the dates last above 
mentioned. 

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

^ ^ ^ on passage. 

[Approved March 10, 1905.] 



CHAPTER loi. 

AN ACT IN AMENDMENT OF SECTION 27 OF CHAPTER 10 OF THE PUBLIC 
STATUTES RELATING TO DISCHARGE FROM THE NEW HAMPSHIRE STATE 
HOSPITAL. 

Section I Section 

1. Superior court may parole patients. I 2. Takes effect on passage. 

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

Section i. Section 27 of chapter to of the Public Statutes superior 
is hereby amended by adding thereto at the end thereof the paroie"^^^ 
following sentence : The superior court or any justice thereof Patients, 
may, with or without notice, in term or vacation, on due cause 
shown, parole any person committed to the New Hampshire 
State Hospital upon such terms and conditions as justice may 
require ; and said court or justice may at any time thereafter, 



518 



Chapter 102. 



[1905 



Takes effect 
on passage. 



on due cause shown, revoke said parole and order said person 
returned to said state hospital under the original commitment. 
Sect. 2. This act shall take effect upon its passage. 

[Approved March lo, 1905.] 



CHAPTER 102. 

AN ACT IN AMENDMENT OF SECTION 14, CHAPTER 180, PUBLIC STAT- 
UTES, REGULATING THE HOURS OF LABOR FOR WOMEN AND MINORS 
IN MANUFACTURING AND MECHANICAL ESTABLISHMENTS. 



Section 1. 



Hours of employment for women and minors under eighteen; fifty-eight 
hours per week during July and August. 



Hours of em- 
ployment for 
women, etc. 



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

Section i. That section 14, chapter 180 of the Public 
Statutes be amended by adding at the end thereof the follow- 
ing : nor fifty-eight in one week during the months of July 
and August so that said section 14 shall read as follows : 
[Sect. 14.] No woman and no minor under eighteen years 
of age shall be employed in a manufacturing or mechanical 
establishment for more than ten hours in one day, except in 
the following cases : 

I. To make a shorter day's work for one day in the week. 

II. To make up time lost on some day in the same week in 
consequence of the stopping of machinery upon which such 
person was dependent for employment. 

III. When it is necessary to make repairs to prevent inter- 
ruption of the ordinary running of the machinery. 

. In no case shall the hours of labor exceed sixty in one week, 
nor fifty-eight in one week during the months of July and 
August. 

[Approved March 10, 1905.] 



1905] 



Chapter 103. 



519 



CHAPTER 103. 



AN ACT TO PROVIDE ADDITIONAL ACCOMMODATIONS AT THE NEW II AIM P 
SHIRE STATE HOSPITAL. 



Section 

1. Appropriation of $200,000 for hospital, 

etc. 

2. Issue of bonds to be authorized. 

3. Bonds, form of and how issued. 



Section 

4. Funds to be expended on orders by 

governor. 

5. Talies effect on passage. 



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

Section i. That, to provide additional accommodations Appropriation 
for the care, control and treatment of insane persons, as con- ^f $200,000. 
templated by chapter 61 of the Laws of 1903, the sum of two 
hundred thousand dollars be, and hereby is raised and appro- 
priated for the purpose of the erection of a hospital building, 
and securing therefor the necessary furnishing, heating, light- 
ing, plumbing, water facilities and fire protection, at an 
expense not exceeding one hundred and fifty thousand dollars, 
the construction of six iron fire-proof stairways, at an expense 
not exceeding twenty-five thousand dollars, the erection of a 
storehouse, including cold storage facilities, at an expense not 
exceeding fifteen thousand dollars, the erection of an em- 
ployes' building, including lighting, furnishing and plumbing, 
at an expense not exceeding ten thousand dollars, in accord- 
ance with plans and specifications to be approved by the gov- 
ernor and council ; said sums to be expended under the direc- 
tion of the trustees of said institution. And any balance of 
said sum of two hundred thousand dollars, or the proceeds of 
the bonds hereinafter provided for, not required for the several 
purposes above enumerated, may be used for any other neces- 
sary enlargement, or changes, of existing buildings of the 
state hospital, which may be approved by the governor and 
council, and to be in accordance with plans and specifications 
to be also approved by the governor and council. 

Sect. 2. The state treasurer is hereby authorized, under issueofbonds 
the direction of the governor and council, to borrow said sum ^"t'^o"^®^^- 
of two hundred thousand dollars, on the credit of the state ; 
and to issue bonds, or certificates of indebtedness therefor, in 
the name and on behalf of the state, ten thousand dollars 
thereof to be paid annually, beginning on July i, 1906, at a 
rate of interest not exceeding three and one half per cent, per 
annum, payable semi-annually, on the first days of January 
and July of each year ; such bonds to have interest warrants 
or coupons attached thereto ; said coupons to be signed by 
the state treasurer, and said bonds and coupons to be made 
payable at such place as the governor and council shall 
designate. 



620 



Chapter 104. 



[1905 



Bonds, form 
of and how 
issued. 



Funds, how 
expended. 



Takes effect 
on passage. 



Sect. 3. Said bonds shall be designated New Hampshire 
State Hospital Bonds, and shall be signed by the treasurer, 
and countersigned by the governor, and shall be deemed a 
pledge of the faith and credit of the state. The secretary of 
state shall keep a record of all bonds countersigned by the 
governor, showing the number and amount of each bond, the 
time of countersigning, the time when payable, and the date of 
the delivery to the state treasurer. The treasurer shall keep 
a record of all bonds disposed of by him, showing the number 
thereof, the name of the person to whom sold, the amount 
received for the same, the date of the sale, and the time when 
payable. The treasurer may negotiate and sell such bonds to 
the best advantage for the state, but no bond shall be sold for 
less than its par value, nor shall such bonds be loaned, pledged, 
or hypothecated in any way whatever. 

Sect. 4. The governor shall draw his orders on the state 
treasurer, for the amounts that may be, or become, due from 
time to time, under the contracts of the trustees, approved by 
the governor and council, for the purposes aforesaid, after said 
bills shall have been duly approved by the governor and coun- 
cil, to an amount not exceeding the proceeds of said bonds. 

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

[Approved March 10, 1905.] 



CHAPTER 104. 

AN ACT AUTHORIZING THE COUNTY OF BELKNAP TO CONDEMN LAND FOR 
THE PURPOSE OF ENLARGING THE COUNTY COURTHOUSE LOT. 



Authority 
granted. 



Takes effect 
on passage. 



Section 
1. Authority granted. 



Section 
2. Takes effect on passage. 



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

Section i. That, providing the county commissioners for 
the county of Belknap, having been duly authorized by vote of 
the county convention for said county on February 16, 1905, 
to purchase land for the purpose of enlarging the county court- 
house lot, shall be unable to obtain suitable land for said pur- 
pose, by contract, at a reasonable price, any land so required 
for said use may be taken, the damage assessed, and the same 
remedies and proceedings had as in the case of laying out of 
highways, and it is herein provided that the venue of said 
action shall be in such county as the superior court for the 
county of Belknap shall determine. 

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

[Approved March 10, 1905.] 



1905] 



Chapter 105. 



521 



CHAPTER 105. 

AN ACT IN AID OF A MOK?: GENERAL AND UNIFORM ENFORCEMENT OF 
THE POLICE OF TOWNS, ESPECIALLY THOSE OFFENSES PROHIBITED BY 
SECTION 14 OF CHAPTER 264 OF THE PUBLIC STATUTES. 



Section 
1. Enforcement of law against drunken- 
ness enjoined upon local officials; 
attorney-general and solicitor to 
act, when. 



Section 

2. Expense of prisoner detained in 

county jail for drunkenness charge 
upon county. 

3. Repealing clause; act takes effect on 

passage. 



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

Section r. It shall be the duty of the police commission- Enforcement 
ers in cities in which such commissions are established by the joined; attor- 
state, and it shall be the duty of the police department in any and'loli'c'itor 
Other cities, to cause the provisions of section 14 of chapter 264 to act, when, 
of the Public Statutes to be enforced. The same duty in towns 
is hereby imposed upon selectmen, police officers, and town 
agents appointed under section 9 of chapter 122 of the Laws 
of 1903. In case the duties imposed as aforesaid are not 
performed by the designated local authorities in towns, the 
attorney-general shall cause the county solicitor to enforce the 
provisions of said section 14 of chapter 264 of the Public Stat- 
utes in towns and cities in which the local authorities or police 
commissioners fail to make such enforcement, and the expense 
of such prosecutions shall be a charge against the town or city 
to be recovered from it by the county. 

Sect. 2. The expense of detention of persons committed to Expense of 

.1 . ' •^ ,1 r /• 1 • i- r iU prisoner in 

the county jail or county house 01 correction by justices ot the jaiifordrunk- 
peace or police justices, either in cities or towns, upon com- upxmconntj^ 
plaints for drunkenness shall be a charge upon the county and 
the same shall not be a charge against the city or town in 
which the offense or prosecution occurred. 

Sect. 3. All acts and parts of acts inconsistent with this Repealing 
act are hereby repealed, and this act shall take effect upon its takes^effe^t 
passage. 

[Approved March 10, 1905.] 



on passage. 



522 



Chapters 106, 107. 



[1905 



CHAPTER io6. 

AN ACT IN AMENDMENT OF CHAPTER 65 OF THE LAWS OF 1903 IN 
RELATION TO STATE AID TO INDIGENT DEAF AND DUMB AND BLIND 
PERSONS. 



Annual appro- 
priation of 
$14,000. 



Takes effect 
on passage. 



Section 
1. Annual appropriation of $14,000. 



Section 
2. Takes effect on passage. 



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

Section i. Chapter 65, section i, of the Laws of 1903, 
is hereby amended by striking out in the third line thereof 
the word "indigent" before the words "deaf and dumb" 
and "persons," so that the section shall read as follows: 
Section i. The sum of fourteen thousand dollars is annually 
appropriated for the support and education of deaf and dumb 
and blind persons of the state. 

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

FApproved March 10, 1905.] 



CHAPTER 107. 



AN ACT IN AMENDMENT OF SECTION 14, CHAPTER 78, OF THE LAWS OF 
1901, FIXING THE SALARIES OF THE CHIEF AND ASSOCIATE JUSTICES 
OF THE SUPREME AND SUPERIOR COURTS. 



Salaries of 
and allow- 
ances to 
judges. 



Section 1. Salaries of andfallowances to judges. 

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

Section i. Section 14 of chapter 78 of the Laws of 1901 
is hereby amended by striking out the whole of said section 
and inserting instead thereof the following: Sect. 14. The 
annual salary of the chief justice of the supreme court shall be 
$4,200, and that of each of the associate justices thereof, shall 
be $4,000, and the annual salary of the chief justice of the 
superior court shall be $4,200, and that of the associate justices 
thereof. $4,000. Actual expenses shall be allowed to the jus- 
tices of the courts as now provided by law. 

[Approved March 10, 1905.] 



1905] 



Chapters 108, 109. 



523 



CHAPTER io8. 

AN ACT IN ADDITION TO PUBLIC STATUTES CHAPTER 265 AND CHAPTER 
7 OF LAWS OF 1895 AND AMENDMENTS THERETO, RELATING TO 
OFFENSES AGAINST MINORS. 



Section 
1. Neglect of parent to support minor 
child, how punished. 



Section 

2. Penalty if offense not of aggravated 

nature. 

3. Takes effect on passage. 



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

Section i. If any parent, having the legal custody of Neglect of 
a minor child, and being of sufficient ability by reason of port^how^"^ 
capacity to labor or otherwise, shall neglect to make reason- p""'^^®**- 
able provision for the support of such minor child, and by 
reason of such neglect, such minor child shall become a town 
or county charge, such parent shall be fined not exceeding 
fifty dollars, for each offense. 

Sect. 2. Whenever, in any prosecution for an offense k offense not ' 
under the provisions of this chapter, the police court or justice nafu^l!^^^^*^^*^ 
of the peace before whom the accused shall be brought for 
trial is of the opinion that the offense is not of an aggravated 
nature, said court or justice shall have power to render final 
judgment and sentence subject to the right of appeal as in other 
cases, and may impose a fine not exceeding ten dollars. 

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



Takes efifect 
on passage. 



[Approved March 10, 1905.] 



CHAPTER 109. 



AN ACT IN AMENDMENT OF SECTION 14, CHAPTER 169 OF THE PUBLIC 
STATUTES AS AMENDED BY CHAPTER 67 OF THE LAWS OF 1901, 
ENTITLED "FOREIGN INSURANCE COMPANIES AND THEIR AGENTS." 



Section 1. Taxes to be paid by foreign insurance companies. 

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

Section i. That section 14 of chapter 169 of the Public Taxes to be 
Statutes be amended by inserting after the words " licensed ^fgn j^ifsurf' 
resident agents" the words or in companies organized under ancecom- 
the laws of this state. So that when amended the section will 
read: — Sect. 14. Every such fire, marine, fidelity and cas- 
ualty insurance company shall pay to the state treasurer, within 



524 Chapter 110. [1905 

one month after receiving notice from the insurance commis- 
sioner of the amount thereof, a tax of two per cent, upon the 
gross premiums received by it, less return premiums and 
reinsurance, when eflFected in authorized companies by the 
companies' licensed resident agents or in companies organized 
under the laws of this state, upon business done within the 
state, during the year ending on the thirty-first day of the 
preceding December, as assessed by the commissioner ; and 
all other such insurance companies shall pay to the state treas- 
urer, within one month after receiving notice from the insur- 
ance commissioner of the amount thereof, a tax of one per 
cent, upon the premiums received by them upon business done 
within the state during the year ending on the thirty-first day 
of the preceding December, as assessed by the commissioner. 

[Approved March lo, 1905.] 



CHAPTER no. 



AN ACT PROVIDING COMPENSATION FOR MEMBERS OF THE GOVERNOR'S 

COUNCIL. 



Section 
1. Compensation fixed. 



Section 
2. Repealing clause; act takes effect on 
passage. 



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

Compensation SECTION I. The members of the governor's council shall 
fixed. ■\^^ paid at the rate of eight. dollars a day, each, for such time 

as they are actually engaged in the service of the state. In 

lieu of mileage now allowed them for travel they shall receive 

their actual expenses. 
Repealing Sect. 2. Section 21 of chapter 286 of the Public Statutes 

lakereffect and all Other acts or parts of acts inconsistent with this act 
on passage, ^^.g hereby repealed and this act shall take effect upon its 

passage. 

[Approved March 10, 1905.] 



1905] 



Chapters 111, 112. 



525 



CHAPTER III. 

AN ACT IN AMENDMENT OF SECTION 1 OF CHAPTER 6G OF THE LAWS 
OF 1901, ENTITLED, ''AN ACT IN RELATION TO MORTGAGES OF 
CORPORATIONS." 



Section 
1. Corporation may mortgage certain 
property thereafter acquired; liens 
not affected thereby. 



Section 
2. Takes effect on passage. 



Be it enacted by the Senate and House of Re-presentatives in 
General Court convened: 

Section i. Amend section i of chapter 66 of the Laws of ^®^^^j|.°^f "®'' 
iQOi by striking out said section and inserting in lieu thereof property 
the following: Section i. Any corporation mortgaging its mortgaged, 
property and franchises to secure its bonded or other indebted- 
ness may include in the mortgage after-acquired property of 
the following classes only, namel}' : real estate, franchises, 
fixtures, machinery, and rolling stock; provided, however, 
that such mortgage of after-acquired property shall not affect 
any builders' or other lien. 

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



Takes effect 
on passage. 



[Approved March 10, 1905.] 



CHAPTER 112. 



AN ACT IN AMENDMENT OF CHAPTER 78 OF THE LAWS OF 1897, 
ENTITLED "AN ACT IN AMENDMENT OF THE PUBLIC STATUTES, RELAT- 
ING TO THE MANNER OF CONDUCTING CAUCUSES AND ELECTIONS." 



Section 
1. Certificates of nomination; caucuses 
and conventions, when to be held. 



Section 
2. Repealing clause; act takes effect 
on passage. 



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

Section i. Section 4 of chapter 78 of the Laws of 1897 is certmcates of 
hereby amended by adding thereto the w^ords Any caucus or caucus^es*and 
convention wherein nominations are made of candidates to be wheiiTo^be^' 
voted for by the voters of the entire state shall be held, at ^^^^- 
least, thirty-five days prior to the day of election ; wherein 
nominations are made of candidates to be voted for by the 
voters of cities and wards, at least, twenty-one days prior to the 
day of election, and in all other cases, at least twenty-eight 
days prior to the day of election. So that said section as 



626 



Chapter 113. 



[1905 



Repealing 
clause; act 
takes effect 
on passage. 



amended shall read : Sect. 4. Certificates of nominations 
made in accordance with the provisions of sections 2 and 3 of 
this act, shall contain the name and residence of each can- 
didate, the office for which he is nominated, and the political 
principles or party he represents, and shall be signed by the 
chairman and clerk of the caucus or convention, and when 
practicable such certificates of nomination shall be signed by 
each candidate, but the absence of the signature of a candidate 
shall not invalidate a certificate of nomination. Any caucus 
or convention wherein nominations are made of candidates to 
be voted for by the voters of the entire state shall be held, at 
least, thirty-five days prior to the day of election ; wherein 
nominations are made of candidates to be voted for by the 
voters of cities and wards, at least, twenty-one days prior to 
the day of election, and in all other cases, at least twenty-eight 
days prior to the day of election. 

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

[Approved March 10, 1905.] 



CHAPTER 113. 

AN ACT TO PROTECT THE BEACONS, BUOYS AND FLOATING GUIDES ON 
THE COAST OF NEW HAMPSHIRE AND IN THE RIVERS, HARBORS ANI> 
CHANNELS IN SAID STATE. 



SECTION 

1. Injury of beacons, buoys, etc., or use 
of same for mooring, how punished . 



Section 

2. Forfeiture, how recovered and dis- 

tributed. 

3. Takes effect on passage. 



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

Injury of SECTION I. Any person or persons who shall moor any 

and use of for , i, ^ r. * u i a r 

moorings, vcsscl, SCOW, boat, or rait, to any buoy or beacon or noating 
howpunished. g^j^jg placed by the United States in the navigable waters of 
this state, or who shall in any manner make fast thereto any ves- 
sel, boat, scow, or raft shall forfeit and pay a sum not exceed- 
ing fifty dollars ; and any person or persons who shall wilfully 
destroy injure or remove any such beacon or guide shall for- 
feit and pay a sum not exceeding one hundred dollars, and be 
imprisoned for three months- 
Recovery and Sect. 2. Said forfeitures may be recovered bv an action of 

distribution of , . • t ^ r 

forfeiture. tort, complaint or indictment before any court competent to try 



1905] 



Chapter 114. 



527 



the same ; one third accruing to the informer or complainant 
and the other two thirds to the county in which the trial shall 
be had. 

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

[Approved March 10, 1905.] 



Takes effect 
on passage. 



CHAPTER 114. 

AN ACT FOR THE IMPROVEMENT OP FISHING IN LAKE SUNAPEE. 



Section 

1. Black bass protected. 

2. Pickerel not protected. 

3. Lake Sunapee Protection Corpora- 

tion may establish hatcheries, etc. 



Section 

4. Operations to be under control of 

fish and game commissioners. 

5. Repealing clause; act subject to re- 

peal and takes effect on passage. 



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

Section i. If an}- person shall take or kill any black bass Black bass 
in the waters of Lake Sunapee during the months of May and p'"*^*^*^*®*^- 
June in any year, except with fly after June 15, he shall be 
fined ten dollars for each fish so taken or killed, or be impris- 
oned sixty days, or both. 

Sect. 2. It shall be lawful for any person to take or kill Pickerel not 

•1 1111 IT •., ^., protected. 

pickerel by hook and line at any time in the waters of said 
Lake Sunapee. 

Sect. 3. The Lake Sunapee Protective Corporation is Establish- 
hereby authorized and empowered at its own expense to erect ^ies^etc^**^^" 
and maintain fish hatcheries at suitable points near said Lake 
Sunapee and its tributaries, under the management and super- 
vision of men thoroughly trained and educated in the art offish 
culture ; to take from said lake and its tributaries brook trout, 
aureolus trout and land-locked salmon, and to remove spawn 
from the same for hatching purposes ; to take, keep and hatch 
eggs of brook trout, aureolus trout and land-locked salmon, 
and to place in the waters of said lake and its tributaries as 
many brook trout, aureolus trout and land-locked salmon as it 
may hatch or procure from any source, all fish taken by it 
from said waters to be handled with the greatest care and by 
the most approved methods and returned thereto, all eggs 
taken to be hatched by it and all fry therefrom to be placed in 
said lake or its tributaries. 

Sect. 4. The operations of said Lake Sunapee Protective to be under 
Corporation so far as they relate to fish taken from said lake, and^gami ^^^ 
or to spawn or fry obtained therefrom, shall be under the 
supervision and control of the board offish and game commis- 
sioners. 



commission- 
ers. 



528 



Chapters 115, 116. 



[1905 



Repealing 
clause; act 
subject to 
repeal and 
takes eflfect 
on passage. 



Sect. 5. All acts or parts of acts inconsistent with this 
act are hereby repealed ; this act may be altered, amended or 
repealed whenever the public good requires, and shall take 
effect upon its passage. 

[Approved March 10, 1905.] 




CHAPTER 115. 

AN ACT TO AMEND CHAPTER 77, SESSION LAWS OF 1899, ENTITLED 
"AN ACT TO EQUALIZE THE SCHOOL PRIVILEGES OF THE CITIES AND 
TOWNS OF THE STATE." 



Number of 
teachers in 
supervisory 
districts. 



Takes effect 
on passage. 



Section 
1. Number of teachers in supervisory- 
districts. 



Section 
2. Takes effect on passage. 



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

Section i. Section 4 of [chapter 77 of] the session Laws 
of 1899 is hereby amended by the insertion, after the word 
"districts" in line i, of the words of less than three towns 
or special districts, so that the section shall read : Sect. 4. 
Supervisory districts of less than three towns or special dis- 
tricts formed under this act shall employ not fewer than twenty 
nor more than sixty teachers. 

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

[Approved March 10, 1905.] 



CHAPTER 116. 



AN ACT TO AMEND SECTION 15 OF CHAPTER 112 OF THE PUBLIC STAT- 
UTES RELATING TO THE BETTER ENFORCEMENT OF THE LIQUOR LAW. 



Section 
1. Illegal sale of alcoholic beverage, 
how punished. 



Section 
2. Takes effect on passage. 



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

aico^^oifebev- SECTION I. Amend section 15 of chapter 112 of the Public 
erage.how Statutes as amended by section i of chapter 122 Laws of igo'^ 

punished. . J . . ^ .. ,, i • 

by striking out the words " any spirituous liquor and insert 
after the word " quantity" and before the word " he" he fol- 



1905] 



Chapter 117. 



529 



lowing : Any spirituous or distiUed liquors, rectified spirits, 
vinus, fermented, brewed or malt liquors, wines, or any bever- 
age, by whatever name called, containing more than one per 
cent, of alcohol by volume at 6o degrees Fahrenheit, so that 
said section 15 when amended shall read as follows : Sect. 15. 
If any person not being an agent of a town or city for the pur- 
pose of selling spirit shall sell or keep for sale in any quantity 
any spirituous or distilled liquors, vinus, rectified spirits, fer- 
mented, brewed or malt liquors, wines, or any beverage, by 
whatever name called, containing more than one per cent, of 
alcohol by volume at 60 degrees Fahrenheit, he shall be fined 
not less than $25, or more than $100, and also shall be impris- 
oned not less than thirty days or more than sixty days. And 
for any subsequent offense he shall be fined not less than $100 
or more than $200, and imprisoned not less than two months 
or more than twelve months. 

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

[Approved March 10, 1905.] 



CHAPTER 117. 

AN ACT RELATING TO THE ENFORCEMENT OF THE LAWS RELATING TO 
THE ILLEGAL SALE OF INTOXICATING LIQUORS IN NO-LICENSE TERRI- 
TORY. 



Section 

1. " No-license territory " defined. 

2. Attorney-general the superior au- 

thority. 

3. County solicitors to prosecute; ap- 

pointment of substitutes. 

4. Complaints, how made; charge of 

delinquency against county solic- 
itor. 

5. County solicitor not to act as attor- 

ney for liquor dealer. 

6. Attorney-general to proceedQagainst 

delinquent solicitor. 



Section 

7. Special compensation of county so- 

licitors. 

8. Compensation of substitutes. 

9. Sheriffs and deputies to investigate 

complaints. 

Actions on bonds of licensees, etc. 

Duty of public officers under prior 
acts not affected. 

Attorney-general may employ cleri- 
cal assistance. 

Takes effect May 1, 1905; repealing 
clause. 



1 
11. 



12. 



13. 



Be it enacted by the Senate and House of Representatives in 
Gen€7'al Coui't convened : 

Section i. The term no-license territory, as employed in "No-iicense 
this act, shall describe all parts of the state except the premises dYfinedf" 
actually occupied by licensees under the provisions of the act 
approved March 27, 1903, entitled "An act to regulate the 
traffic in intoxicating liquor'" for the business authorized by 
their licenses. 

Sect. 2. The superior authority in the enforcement of laws Attorney- 
prohibiting the sale of intoxicating liquor and the prosecution fuplr^V^® 
of offenders against such prohibitory laws under the provisions authority. 



530 



Chapter 117. 



[1905 



County 
solicitors to 
prosecute; 
substitutes. 



Complaints, 
how made; 
charge of 
delinquency 
against 
solicitor. 



County solic- 
itor not to be 
attorney for 
liquor dealer. 



of this act shall be the attorney-general. It shall be his duty 
to have supervisory direction of all prosecutions authorized by 
this act and undertaken by the solicitors, and to take personal 
charge of the same when in his judgment it may be necessary 
or advisable. All persons engaged in the prosecution of 
offenses against the liquor laws in no-license territory shall be 
under his control. 

Sect. 3. It shall be the duty of the county solicitor in each 
county to have immediate charge of all such prosecutions. 
But, if the attorney-general is of the opinion that the public 
good requires a substitute for the solicitor in any prosecution 
in any county, or that the service of more than one attorney is 
required in the prosecution of such offenses, he may employ 
and assign the solicitor of another county for such duty. 

Sect. 4. Prosecuting agents for towns, selectmen of towns 
and reputable citizens may make complaint in writing to the 
county solicitor and give information as to alleged violation of 
the liquor laws in no-license territory. The party complaining 
shall at the time of making such complaint, furnish a copy 
thereof to the attorney-general and all complaints so made 
shall be treated as confidential communications. It shall there- 
upon be the duty of the attorney-general through a solicitor 
to investigate the complaint, and if such solicitor finds suffi- 
cient cause for a prosecution, he shall forthwith commence 
appropriate criminal proceedings and prosecute the same to 
final judgment. If in the opinion of any reputable citizen the 
solicitor of the county in which the offense occurs shall be 
guilty of any unreasonable delay or neglect, an}^ unreasonable 
refusal to prosecute, any collusion with alleged offenders, 
any corrupt practices or wilful maladministration in respect 
to the duties prescribed by this act, or in respect to the 
duties to which he may have been assigned under the provi- 
sions of this act or other maladministration in his office in 
respect to the enforcement or non-enforcement of the liquor 
laws in no-license territory, a representation of the facts may be 
made to the attorney-general in writing by any person having 
knowledge or information thereof, and such representation 
shall be held confidential. 

Sect. 5. No county solicitor shall be an attorney, or act, 
as attorney or counsel, directly or indirectly, for any person 
applying to the state board of license commissioners for a 
license to sell intoxicating liquors, nor for any party defendant 
in any hearings before said commissioners for the alleged vio- 
lation of the laws of the state in relation to the sale of intoxi- 
cating liquors ; nor shall any county solicitor be or act as 
counsel, directly or indirectly, for any person, association or 
corporation in any matter or proceeding directly or indirectly, 
relating to the traffic in intoxicating liquor or to violation ot 
law concerning the sale or disposition thereof. 



1905] Chapter 117. 631 

Sect. 6. Upon the receipt of the representation named in Attomey- 

1 1111/-1-1' • 1 general to 

section 4, the attorney-general shall lorthwith investigate the proceed 
same, and if it appears to be well founded, he shall proceed quen°^soti^'-°" 
against such delinquent solicitor by complaint to the superior ^*°'"' 
court, and if upon said complaint such solicitor shall be found 
guilty of a breach of his duty as defined and provided in this 
act or any other existing law or acts, he may be disbarred or 
removed from his office. 

Sect. 7. The compensation of a county solicitor when special com- 
engaged upon assignments for the enforcement of the liquor soncftor°° 
laws in no-license territory, at other times and places than 
when such solicitor is engaged in the business of his office in 
term time in the superior court, relating to prosecutions of 
offenses against the liquor laws arising in no-license territory, 
or the conduct of civil proceedings under the act of March 27, 
1903, shall be ten dollars per day and his actual expenses, to 
be audited by a justice of the superior court, unless such duty 
shall be assigned by said justice to the clerk of said court. 
The compensation provided by this act for services hereby 
required shall be in addition to the salaries now provided by 
law. In all cases it shall be paid by the county in which the 
offense arises. 

Sect. 8. The solicitor employed or assigned by the direc- compensation 

• •-. of substitutes 

tion of the attorney-general in the prosecution of offenses 
against, the liquor laws in no-license territory, shall make an 
account of the time so spent and the actual expenses incurred 
in such manner as to show where the services were rendered, 
the amount of time taken in such service at each place, and 
the cases to which the services and expenses related. A copy 
of the account with an affidavit stating that the services were 
actually rendered at the times and places, in the cases and 
for the purposes stated, that they were done and incurred in 
good faith in the public business, and exclusively in the busi- 
ness of enforcing the liquor laws, shall be forwarded to the 
attorney-general at the end of each month. No payments 
shall be made to any such solicitor for services authorized by 
this act, other than services during the time of the terms of the 
superior court, unless statements of his account shall have been 
filed as aforesaid. 

Sect. 9. Sheriffs and deputy sheriffs maybe required to sheriffs and 
investigate persons and places which are the subject of com- inv^'stigate. 
plaint, under the direction of the attorney-general, or a county 
solicitor, and to advise such law officer as to the result of the 
examination. Sheriffs and deputy sheriffs performing the ser- 
vices above specified shall have the same allowance as now 
provided for attendance upon the terms of the superior court, 
and such allowance for extraordinary expenses as may be 
approved and allowed by either of the law officers aforesaid. 



532 



Chapter 118. 



[1905 



Actions on 
bonds of 
licensees, etc. 



Duty of public 
officers under 
prior acts not 
affected. 



Attorney- 
general may 
employ cler- 
ical assist- 
ance. 



Takes effect 
May 1, 1905; 
repealing 
clause. 



Sect. io. Actions for the enforcement of bonds given by 
licensees under the act of March 27, 1903 and the amend- 
ments thereto, and for the recovery of sums due the state on 
account of forfeitures of such bonds, shall be brought in the 
name of the state by the attorney-general and shall be made 
returnable at such terms of the superior court in any county in 
the state as the attorney-general may select and designate. 
All sums of money collected under the provisions of this sec- 
tion shall be paid to the treasurer of the state board of license 
commissioners to be accounted for in the same manner as 
money paid for license fees. 

Sect. ii. Nothing in this act shall be so construed as to 
relieve any officer from any duties required by existing law as 
to investigations and prosecutions for violations of criminal 
laws relating to illegal sales of intoxicating liquors, nor to 
deprive other persons of the right to institute and carry on 
prosecutions of offenses against such laws in cases where that 
right is recognized by existing law. 

Sect. 12. The attorney-general may employ such clerical 
assistance, not exceeding in amount one thousand two hundred 
dollars in any year as he may find necessary in enforcing the 
provisions of this act. 

Sect. 13. This act shall take effect upon the first day of 
May, 1905, and all acts and parts of acts inconsistent with the 
provisions of this act are hereby repealed. 

[Approved March 10, 1905.] 



CHAPTER 118. 

AN ACT TO PREVENT THE FRAUDULENT SALE OF MAPLE SUGAR AND 

CIDER VINEGAR. 



Section 

1. Sale of bogus maple sap products 

prohibited. 

2. Sale of bogus cider vinegar prohib- 

ited. 



Section 

3. Prohibited products not to be kept 

for sale. 

4. Penalty for violations. 

5. Takes effect on passage. 



Sale of bogus 
maple sap 
products pro- 
hibited. 



Sale of bogus 
cider vinegar 
prohibited. 



Be it enacted by the Senate andHoii.se of Representatives in 
General Court convened : 

Section i. No person shall sell, expose for sale, exchange, 
barter or deal in any article as and for maple sugar, maple 
candy or maple syrup unless the same shall be sugar, candy 
or syrup made solely from the sap of the maple tree. 

Sect. 2. No person shall sell or expose for sale, exchange, 
barter or deal in any article as and for cider vinegar unless the 
same shall be vinegar made solely from cider made of apples 



1905] 



Chapter 119. 



533 



and shall have an acidity equal to the presence of not less than 
four per cent., by weight, of absolute acetic acid, and shall 
contain not less than one and six tenths, by weight, of apple 
solids. 

Sect. '^. No person shall have in his possession for sale. Prohibited 

, ^ . \ . , 1-1'. 1 products not 

exchange or barter any article which is not maple sugar, to be kept 
maple candy or maple syrup, or which is not cider vinegar, as ^o*"^'''® 
those articles are defined in the two preceding sections, which 
is labeled, marked or represented to be maple sugar, maple 
candy, maple syrup, or cider vinegar. 

Sect. 4. Any person who shall violate any provision of P?°*il*y ^or 

1- • r- 1 1 Violations. 

the three preceding sections shall be fined not less than ten 
dollars nor more than fifty dollars. 

Sect. 5. This act shall take effect upon its passage. onpa^ssage.* 

[Approved March 10, 1905.] 



CHAPTER 119. 

AN ACT TO CREATE A BRIDGE COMMISSION. 



Section 

1. Commission created; duties. 

2. Governor to appoint members. 

3. Tenure of office and compensation. 

4. Expenses of commission, how paid. 



Section 

5. Report to legislature of 1907. 

6. Provisional cooperation with Maine 

commission. 

7. Talies effect on passage. 



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

Section i. A bridge commission consisting of three mem- commission 
bers is hereby created to act in conjunction with a like com- du^fes. ' 
mission appointed by the State of Vermont whose duty it shall 
be to consider all questions relating to the freeing of all toll 
bridges between the State of New Hampshire and the State of 
Vermont, and shall ascertain the cost of freeing such bridges, 
number of the same and where located. They shall also ascer- 
tain the number of free bridges, cost of same, amount paid by 
towns in New Hampshire to tree the same, and where located. 
It shall be their duty also to ascertain where new bridges, if 
any, shall be built to best accommodate the general public of 
New Hampshire and cost of same. They shall also decide 
what shall be the equitable division of the cost of such bridges 
and their maintenance, as divided between the states of New 
Hampshire and Vermont. 

Sect. 2. It shall be the duty of the governor to appoint the Appointed by 
members of such bridge commission within sixty days from the governor, 
time of passage of this act, and to notify the governor of Ver- 
mont of their appointment. 



534 



Chapter 120. 



[1905 



Tenure of 
office and 
compensa- 
tion. 



Expenses of 
commission. 



Keport. 



Cooperation 
with Maine 
commission. 



Takes effect 
on passage. 



Sect. 3. Members of such bridge commission shall hold 
office for two years, and shall receive as compensation for their 
services three dollars per diem and expenses while in the 
actual performance of such duty. 

Sect. 4. The governor is hereby authorized to draw his 
order on the state treasurer for such sums as may be required 
to pay expenses of such commission, and the treasurer shall 
pay the same when countersigned by the governor. 

Sect. 5. The bridge commission hereby created shall 
make a full report on all points mentioned in this act, and any 
other matter considered by them to have a bearing on the sub- 
ject, to the legislature of 1907. 

Sect. 6. In the event that the State of Maine, before the 
first day of January, 1907, shall appoint a similar commission, 
it shall be the duty of the commission appointed under this act 
to consider all questions relative to the freeing of all toll bridges 
between the State of New Hampshire and the State of Maine, 
and it shall ascertain the cost of freeing such bridges, the 
number of the same and where located, and report to the next 
legislature. It shall also decide on an equitable apportion- 
ment of the cost of freeing such bridges and their maintenance 
between said State of New Hampshire and said State of Maine, 
if such apportionment is deemed advisable. 

Sect. 7. This act shall take effect upon its passage. 

[Approved March 10, 1905.] 



CHAPTER 120. 

AK ACT TO PROVIDE FOR PURCHASING SUPPLIES FOR STATE INSTITUTIONS 
BY COMPETITIVE BIDS IN THE OPEN MARKET. 



Section 
1. Supplies to be purchased on com- 
petitive bids. 



Section 

2. Unforeseen emergency excepted. 

3. Penalty for violation. 



bids. 



Be it enacted by the Senate and House 0/ Representatives in 
General Court convened: 

Supplies to be SECTION I. In the purchasc of supplies for all state institu- 
compe\!tive'^ tions competitive bids in the open market shall be required 
after April i, 1905, in accordance with such rules and regula- 
tions as the governor and council shall prescribe. No bills for 
supplies furnished to state institutions shall be approved by the 
governor and council, or paid by the state treasurer or by an 
agent of the state authorized to extend [expend] its funds for 
these institutions unless the bills were contracted in accordance 
with the provisions of this act. 



1905] Chapters 121, 122. 535 

Sect. 2. The pfovernor and council may, in cases where unforeseen 

» • • J- ^ u i.u • emergency 

unforeseen emergency requires immediate purchase, authorize excepted, 
purchases under the rules and regulations prescribed in sec- 
tion I. 

Sect. t,. Any person violating^ the provisions of this act Penalty for 

viold,tioii 

shall be subject to a fine of not less than one hundred dollars 
nor more than two hundred dollars. 

[Approved March lo, 1905.] 



CHAPTER 121. 

JOINT RESOLUTION IN FAVOR OF THE WIDOW OF THE LATE ROBERT F. 
MURRAY OF WARD 5, MANCHESTER. 

Payment of salary and mileage to widow. 

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

That the state treasurer be and hereby is authorized to pay payment 
to the widow of the late Robert F. Murray of Manchester the ^'^thomed. 
full salary and mileage due him as a member of the house of 
representatives. 

[Approved February 22, 1905.] 



CHAPTER 122. 

JOINT RESOLUTION IN FAVOR OF THE ESTABLISHMENT OF A NATIONAL 
FOREST RESERVE IN THE WHITE MOUNTAIN REGION. 

Preamble; National Forest Reserve approved. 

Whereas, the legislature of this state at its session in 1903 preamble, 
did approve of the establishment of a national forest reserve in 
the White Mountain region, and did give the consent of the 
state to the acquisition by the United States of such lands in 
said locality as may in the opinion of the federal government 
be necessary for such establishment, and did yield to the 
United States all necessary jurisdiction over the territory thus 
acquired and, 

Whereas, there is now pending in the senate of the United 
States a bill, which has been favorably reported by its appro- 
priate committee, providing for the acquirement by the United 
States of the lands in said region deemed appropriate for such 
use, therefore, be it 



536 



Chapter 123. 



[190& 



Resolved by the Senate and House of Representatives 
General Court convened^ 



tn 



National For- 
est Reserve 
approved. 



That the legislature of the State of New Hampshire hereby 
approves and ratifies the joint resolution known as chapter 137 
of the session Laws of 1903, in regard to the establishment of 
a national forest reserve in the White Mountain region ; 

That the State of New Hampshire will cooperate with the 
federal government in the accomplishment of the purposes pro- 
posed by said bill now pending in congress and favors its early 
enactment ; 

That our senators and representatives in congress be re- 
quested to favor said proposed legislation and to use all hon- 
orable means to secure prompt and favorable action thereon. 

[Approved February 28, 1905.] 



CHAPTER 123. 



JOINT RESOLUTION IN FAVOR OF WARREN W. LOVEJOY AND OTHERS. 
Allowances to sundry persons. 



Allowances 
to sundry 
persons. 



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

That Warren W. Lovejoy and Hiram E. Currier be allowed 
the sum of $35.00 each; that Horatio W. Longa be allowed 
the sum of $16.00; that Charles S. Ford be allowed the sum 
of $25.00; that Edwin P. Hunt be allowed the sum of $22.00; 
that Donald P. Upton be allowed the sum of $16.00; that 
Earl C. Gordon be allowed the sum of $19.12 that Herbert A. 
McElwain be allowed the sum of $24.60 in full tor their ser- 
vices rendered at the organization of the present house. 

[Approved March 8, 1905.] 



1905] Chapters 124, 125. 537 

CHAPTER 124. 

JOINT RESOLUTION IN FAVOR OF ALBERT B. WOODWORTII AND OTHERS. 
Preamble; allowances to Louisiana Purchase Exposition Commissioners. 

Whereas, Albert B. Woodworth, J. Adam Graf, Samuel Preamble. 
C. Eastman, Winston Churchill and Orton B. Brown were 
appointed by the governor and council, commissioners for the 
Louisiana Purchase Exposition, and, 

Whereas, in the discharge of the duties imposed by said 
appointment, they made certain expenditures for expenses, 
therefore be it 

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

Thai tiie governor and council are hereby authorized to Allowances 

, . ^ r , 1111 . , to Louisiana 

allow their accounts lor the money expended by them in the Purchase Ex- 
discharge of their duties and a sum not exceeding one hundred m°issioners°™" 
and fifty dollars is hereby appropriated therefor and the gov- 
ernor is hereb}' authorized to draw his warrant for the sum 
allowed out of any money in the treasury, not otherwise appro- 
priated. 

[Approved March 8, 1905.] 



CHAPTER 125. 

JOINT RESOLUTION IN FAVOR OF A. C. KENNETT FOR MONEY ADVANCED 
TO THE SCHOOL FOR FEEBLE-MINDED [cHILDREN]. 

Appropriation ofj$l,025. 

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

That the sum of ten hundred and twenty-five dollars ($1,025) Appropriation 
be and hereby is appropriated to reimburse and pay A. C. Ken- ' ' 
nett of Conway for mone}'^ advanced by him to the School for 
Feeble-minded [Children] to meet its actual necessities and 
requirements after the loss of the buildings by fire, and the 
governor is hereby authorized to draw his warrant for the same 
out of any money in the treasury not otherwise appropriated. 

[Approved March 8, 1905.] 
10 



538 



Chapters 126, 127. 



[1905 



CHAPTER 126. 



Preamble. 



Annual appro- 
priation of 
$20,000. 



JOINT RESOLUTIOX APPROPKIATIX(} MONEY TO AID I>ART-MOCTH COLLEGE 
IN THE EDUCATION OV NEW HAMPSHIRE STUDENTS. 

Preamble; annual appropriation of $20,000. 

Whereas, in the education of New Hampshire students, 
Dartmouth College is annually expending more than twenty- 
five thousand dollars, above all amounts received for tuition 
or from grants by tiie state or its citizens, and the policy of aid- 
ing the college in its educational work by annual appropria- 
tions has become definitel}'' established b}' the state, 

Resolved bv the Senate and House of Representatives in 
General Court cotivened: 

That in recognition of the eminent service rendered by Dart- 
mouth College in tlie cause of higher education and for the 
general advancement of learning, the sum of twenty thousand 
dollars shall be appropriated and paid out of the state treasury 
to the trustees of Dartmouth College, on the warrant of the gov- 
ernor, on the first day of September each year for a period of 
two years next after the passage of this resolution, for use by 
said college in its educational work. 

[Approved March 9, 1905.] 



CHAPTER 127. 

JOINT RE.SOLUTION APPROPRIATING TWELVE THOUSAND DOLLARS TO REPAIR 
AND BUILD ADDITION TO STATE NORMAL SCHOOL DORMITORY. 

Appropriation of $12,000. 

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

ofmm^^^^^ That the sum of twelve thousand dollars be, and the same is, 
hereby appropriated for the purpose of erecting and furnishing 
an addition to the State Normal School dormitory building 
and to provide suitable stand-pipes and hose therein for the 
protection of said building from fire, the same to be expended 
under the direction of the governor and council. The plans 
and specifications for such addition shall be subject to the 
approval of the governor and council and the work, when com- 
pleted, shall be subject to their acceptance ; and the governor 
is hereby authorized to draw his warrant for the expense 
thereof and of suitable furniture therefor from any money in 
the treasury not otherwise appropriated. 

[Approved March lo, 1905.] 



1905] Chapters 128, 129. 539 

CHAPTER 128. 

JOINT KKSOLUTION IN RELATION TO THK ADJIINISTRATION OP THE STATE 
PRISON AND TO PROVIDE FOR NECESSARY IMPROVEMENTS AND REPAIRS. 

Insufficiency in income, how met; appropriations for chaplain, librarj-, and improve- 
ments and repairs. 

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

That in case the income of the State Prison should at any insufficiency 
time be insufficient to meet the current expenses, the governor h'Jjwm^f' 
is hereby authorized to draw his warrant on the treasury, from prfa'tfon^^.'^'^^' 
time to time, to provide for such deficiency, out of any moneys 
in the treasury not otherwise appropriated ; that the sum of 
eight hundred dolhirs annually, for the ensuing two years, be 
and hereby is appropriated for the payment of the salary of the 
chaplain of the State Prison ; that the further sum of two hun- 
dred dollars annuall}^ be and the same is hereby appropriated 
for the benefit of the State Prison library for the ensuing two 
years ; that the further sum often thousand dollars be and the 
same is hereb}' appropriated for improvements and repairs of 
the prison buildings, the same to be expended under the direc- 
tion of the governor and council; and the governor is author- 
ized to draw his warrant for the same out of any money in the 
treasury not otherwise appropriated. 

[Approved March lo, 1905.] 



CHAPTER 129. 

JOINT RESOLUTION IN FAVOR OF PLACING AND MAINTAINING BUOYS AND 
LIGHTS IN LAKE WINNIPESAUKEE AND ADJACENT WATERS, IN SQUAM 
LAKE AND LAKE SUNAPEE, AND ALSO FOR LIGHTING THE LIGHTHOUSE 
AND FOR OTHER PURPOSES IN LAKE SUNAPEE. 

Annual appropriation of $1,100 for Lake Winnipesaukee, $200 for Squam lake, and $300 

for Sunapee lake. 

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

That the sum of eleven hundred dollars be and hereby is Annual appro- 
appropriated annuall}^ for placing and maintaining buo3's and P''^^pg°°^iii 
lights in Lake Winnipesaukee and adjacent waters : that the $i,6oo. 
sum of two hundred dollars be and hereby is appropriated 
annually for placing and maintaining buoys and lights in 
Squam lake : that the sum of three hundred dollars be and 



540 Chapter 130. [1905 

hereby is appropriated annually for lighting the lighthouse on 
Loon island in Sunapee lake by electricity, for repairing and 
maintaining the cable connected therewith, for improving the 
light service, for placing and maintaining buoys on said lake, 
and for removing obstructions to navigation therein ; — each of 
said sums to be expended by an agent or agents, appointed by 
the governor with the consent of his council ; and the governor 
is hereby authorized to draw his warrant for the said sums out 
of any money in the treasury not otherwise appropriated. An}^ 
unexpended balance in any year or years, of either of said 
sums, may be drawn and expended in any succeeding 3'ear or 
years, by said agents for the purposes designated, when 
needed. 

[Approved March 10, 1905.] 



CHAPTER 130. 

JOINT RESOLUTION IN FAVOR OF THE NEW HAMPSHIRE SCHOOL FOR 
FEEBLE-MINDED CHILDREN. 

Appropriation of $32,500. 

Resolved by the Senate and House of Repj-esentatives in 
General Court convened: 

Appropriation That the sum of twentv-five thousand dollars be and hereby 

of $32 500. . . "^ ^ 

is appropriated for the erection and furnishings of a building 
to be used for dormitory purposes, and for remodeling the 
" Frank Crockett house," so called, now upon the premises ; 
that twenty-five hundred dollars be appropriated to provide a 
suitable place tor the storage of water and for all necessary 
piping in connection therewith ; and that the sum of five thou- 
sand dollars be appropriated for a boiler house and the neces- 
sary piping connections. The governor is hereby authorized 
to draw his warrant for the same out of any money in the 
treasury not otherwise appropriated. 

[Approved March lo, 1905.] 



1905] Chapters 131, 132. 541 

CHAPTER 131. 

JOINT RESOLUTION IN IWVOR OF THE GRANITE STATE DAIRYMEN'S ASSO- 
CIATION. 

Annual appropriation of $200. 

Resolved by the Senate and House of Rept'esentatives in 
General Court convened : 

That the sum of two hundred dollars is annually appropri- p^aHon^of''^"' 
ated for the ensuing two years to the Granite State Dairymen's $200. 
Association to be used in promoting dairying in the state, in 
addition to the amount provided for by chapter 12 of the Public 
Statutes. The association shall, in the month of December in 
each year, render to the governor and council an itemized 
account of the uses to which the appropriation of the year has 
been applied. 

[Approved March 10, 1905.] 



CHAPTER 132. 

JOINT RESOLUTION IN FAVOR OF THE INDUSTRIAL SCHOOL. 

Appropriation of $20,000. 

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

That the sum of twenty thousand dollars ($20,000) be and Appropriation 

of '^20 000. 

hereby is appropriated to the Industrial School for the purpose 
of building barns, silo and ice-house and the purchase of stock, 
farm implements and harnesses and wagons, the same to be 
expended b}^ the trustees of the Industrial School, all bills, 
however, to be audited and approved by the governor and 
council ; and that the governor be and hereby is authorized to 
draw his warrant for said sum, or so much thereof as ma}^ be 
necessary for said purposes, out of any money in the treasury 
not otherwise appropriated. This joint resolution shall take 
take effect upon its passage. 

[Approved March 10, 1905.] 



542 Chapters 133, 134. [1905 

CHAPTER 133. 

JOINT RESOLUTION IN FAVOR OF JAMES RICHARD CARTER TO REIMBURSE 
HIM FOR MONEY PAID OUT TOWARDS THE RECONSTRUCTION OF THE 
STATE HIGHWAY, KNOWN AS THE " JEFFERSON NOTCH ROAD." 

Appropriation of $1,335.95. 

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

otii^^t^^^^^ That the sum of thirteen hundred and thirty-live dollars and 
ninety-five cents ($1,335.95) be and hereby is appropriated to 
reimburse James Richard Carter for money paid by him 
towards the reconstruction of the state highway, known as the 
"Jefferson Notch road," in Coos county in the summer and 
fall of the year one thousand nine hundred and three ; and 
that the governor be and herel^y is authorized to draw his war- 
rant for that sum out of any money appropriated by an act 
approved Feb. 25, 1905, and entitled "An act to provide tor 
state aid and for the expenditures of other public moneys in 
the permanent improvement of main highways throughout the 
state.'' 

[Approved March 10, 1905.] 



CHAPTER 134. 

JOINT RESOLUTION IN FAVOR OF THE NEW HAMPSHIRE SCHOOL FOR 
FEEBLE-MINDED CHILDREN. TO PROVIDE FOR THE MAINTENANCE 



THEREOF. 



Annual appropriation of $16,000. 



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

Annual appro- That the sum of sixteen thousand dollars be and hereby 
$rMoo.°°^ is appropriated for each of the years 1905 and 1906, for 
the maintenance of the New Hampshire School for Feeble- 
Minded Children. The governor is hereby authorized to draw 
his warrant for the same out of any money in the treasury not 
otherwise appropriated. 

[Approved March 10, 1905.] 



1905] Chapters 1H5, 136. 543 

CHAPTER 135. 

JOINT RESOLUTION IN FAVOR OF THE MOUNT PLEASANT HOTEL COMPANY 
TO REIMBURSE IT FOR MONEY PAID OUT TOWARDS THE EXPENSE OF 
THE RECONSTRUCTION OF THE STATE HIGHWAY, KNOWN AS THE 
"JEFFERSON NOTCH ROAD." 

Appropriation of $1,257.57. 

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

That the sum of one thousand two hundred and fifty-seven ofP^f257"57"°° 
dollars and fifty-seven cents ($1,257.57) be and hereby is 
appropriated to reimburse the Mount Pleasant Hotel Company 
for money paid b}' it towards the expense of the reconstruction 
of the state highway known as the "Jefferson Notch road," in 
Coos county, in the summer and fall of the year one thousand 
nine hundred and three (1903) ; and that the governor be and 
hereby is authorized to draw his warrant for that sum out of 
any money, appropriated by an act approved February 25, 
1905, and entitled, "An act to provide for state aid and for the 
expenditures of other public moneys in the permanent improve- 
ment of main highways throughout the state.'" 

[Approved March 10, 1905.] 



CHAPTER 136. 

JOINT RESOLUTION IN FAVOR OF ORTON W. BROWN, TO REIMBURSE HIM 
FOR MONEY PAID OUT TOWARDS THE RECONSTRUCTION OF THE STATE 
HIGHWAY KNOWN AS THE " JEFFERSON NOTCH ROAD." 

Appropriation of $856.24. 

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

That the sum of eight hundred and fifty-six dollars and ^fil^nl^^^^^ 
twenty-four cents ($856.24) be and hereby is appropriated to 
reimburse Orton W. Brown for money paid by him towards 
the reconstruction of the state highway, known as the "Jeffer- 
son Notch road," in Coos county, in the summer and fall of the 
year one thousand nine hundred and three ; and that the gov- 
ernor be and hereby is authorized to draw his warrant for 
that sum out of any money appropriated by an act approved 
February 25, 1905, and entitled "An act to provide for state 
aid and for the expenditures of other public moneys in the per- 
manent improvement of main highways throughout the state." 

[Approved March 10, 1905.] 



544 Chapters 137, 138. [1905 

CHAPTER 137. 

JOINT RESOLUTION IN FAVOR OF GREEN'S BASIN IN LAKE WINNI- 

PESAUKEE. 

Appropriation of $100. 

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

^f'?fnT"^*^°'^ That a sum not exceedincr one hundred dollars be and 

or $>10U. 1 1 • • t r 

hereb}' is appropriated for the purpose oi completing the work 
of removing boulders situate in the channel of Basin narrows, 
in Green's basin (so called) in Lake Winnipesaukee. Said 
sum to be expended under the direction of an agent appointed 
by the governor with the advice of his council, and the gov- 
ernor is hereby authorized to draw his warrant therefor out of 
any money in the treasury not otherwise appropriated. 

[Approved March lo, 1905.] 



CHAPTER 138. 



JOINT RESOLUTION PROVIDING FOR AN APPROPRIATION TO WIDEN AND 
DEEPEN STONE DAM NARROWS, SO CALLED IN LAKE WINNIPESAUKEE 
IN THE COUNTY OF BELKNAP. 

Appropriation of $100. 

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

Appropriation That the sum of one hundred dollars be, and the same is 
of $100. , , . , . , .... - - 

hereby appropriated for the purpose or widening and deepen- 
ing the channel between Stone Dam island and Meredith neck, 
known as Stone Dam narrows in Lake Winnipesaukee, in the 
county of Belknap, said sum to be expended under the direc- 
tion of an agent to be appointed by the governor and council, 
and the governor is hereby authorized to draw his warrant 
for said sum out of any money in the treasury not otherwise 
appropriated. 

[Approved March lo, 1905.] 



190-,] Chapters 139, 140. 545 

CHAPTER 139. 

.HUNT KESOLITIOX IX KAVOIi OF TIIK OKANITE STATE DEAF ."MUTE 

MISSION. 

Annual appropriation of $150. 

Resolved by the Senate and House of Rej^rescutatives in 
General Court eonvened : 

That the sum of one hundred and tifty dolhirs annually be Annual appro- 
appropriated for the use of the Granite State Deaf Mute Mis- $[50*^*^'^*^ 
sion during the coming two years and the governor is hereby 
iiuthorized to draw his warrant for the same from the money 
appropriated for the support and education of indigent deaf 
and dumb persons of this state, under chapter 86 of the Public 
Statutes entitled " State aid to indigent deaf and dumb, blind 
and feeble-minded persons." 

[Approved March 10, 1905.] 



CHAPTER 140. 

JOINT RESOLUTION IN FAVOR OF NEW HAMI'SIIIRE SOLDIERS' HOME. 

Appropriation of $25,000. 

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

That the sum of twenty-five thousand dollars ($2<,ooo) is Appropriation 

1 U • i J i. X- • ..1 . ^ of $25,000. 

hereby appropriated out ot an}' mone^' m the treasury not 
otherwise appropriated, for the support and maintenance of the 
New Hampshire Soldiers' Home and the members thereof 
trom the first day of January 1905 to the assembling of the 
legislature in 1907, in addition to such sums as the state may 
be entitled to receive from the general government in aid of 
the support of disabled soldiers and sailors during or for said 
period, and which the state treasurer is hereby authorized to 
receive and receipt for. The sums so appropriated shall be 
known as the soldiers' home fund, and shall be subject to the 
order of the state board of managers, and be drawn upon 
orders signed by the secretary and countersigned by the gov- 
ernor as provided in the act establishing said home. 

[Approved March 10, 1905.] 



546 Chapters 141, 142. [1905 

CHAPTER 141. 

JOINT RESOLUTION IN FAYOR OF PLACING AND MAINTAINING LIGHTS IN 

LAKE WINNISQUAM. 

Appropriation of $200. 

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

■Appropriation That the sum of two hundred dollars be and hereby is appro- 
priated for establishing and maintaining an electric light or 
lights in said Lake Winnisquam at or near the entrance of the 
Winnipesaukee river. Said sum to be expended for the years 
1905 and 1906 and by an agent appointed by the governor 
with the consent of his council. And the governor is hereby 
authorized to draw his warrant for the same out of any monev 
in the treasury not otherwise appropriated. 

[Approved March lo, 1905.] 



CHAPTER 142. 

JOINT RESOLUTION IN FAVOR OF THE NEW HAMPSHIRE SOCIETY OF THE 
DAUGHTERS OF THE AMERICAN REVOLUTION. 

Preamble; appropriation of $2,000. 

Preamble. Whereas, the Daughters of the American Revolution, a 

patriotic organization of the nation, are about to erect in the 
city of Washington in the District of Columbia, a building to 
be dedicated to and used for t!ie patriotic purposes of that 
society, and 

Whereas, it is proposed that each of the thirteen original 
states donate a column for said building to bear the coat of 
arms of the state donating the column, and, 

Whereas, the State of New Hampshire wishes to show its 
appreciation of the noble purposes and good work of the 
Daughters of the American Revolution and to encourage patri- 
otism, and reverence for law and order and to promote self 
government throughout the world ; therefore 

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

tF$2wo!^^^^^ That the sum of two thousand dollars be and the same is • 
hereby appropriated out of any money in the treasury not 
otherwise appropriated to defray the expense o( a column in 



1905] Chapters 143, 144. 547 

said building to represent the State of New Hampshire and to 
bear its coat of arms ; and the governor is hereby author- 
ized to draw his warrant for so much thereof as may be neces- 
sary, in favor of the state regent of the Daughters of the Ameri- 
can Revolution for New Hampshire for the purpose aforesaid, 
provided that no money shall be expended under this act 
until at least six other states shall have provided for similar 
columns. 

[Approved March lo, 1905.] 



CHAPTER 143. 

JOINT RESOLUTION IN FAVOR OF CHANNING FOLSOM OF DOVER, N. H., TO 
COMPENSATE IIIM FOR SERVICE RENDERED AS SUPERINTENDENT OF 
PUBLIC INSTRUCTION FROM SEPTEMBER 6, 1904, TO OCTOBER 25, 1904. 

Payment of $250 directed. 

J^csolvcd by the Senate and House of Representatives in 
General Court convened : 

That the sum of two hundred and fifty dollars be paid to Payment of 
Channing Folsom of Dover, N. H., to compensate him for 
services rendered as superintendent of public instruction from 
September 6, 1904 to October 25. 1904, out of any money in 
the treasury not otherwise appropriated, and the governor is 
hereby authorized to draw his warrant therefor. 

[Approved March 10, 1905.] 



CHAPTER 144. 

JOINT RESOLUTION TO PROVIDE FOR THE C0MPLP:TI0N OF THE FOREST 
SURVEY OF THE STATE. 

Unexpended balance of former appropriation to be used. 

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

That the unexpended balance of the sum appropriated by unexpended 
chapter 139, Laws of 1903, be and hereby is placed at the dis- used°°^ ^"^ '^^^ 
posal of the forestr}^ commission for use in the completion of 
the forest survey of the state, and the governor is hereb}^ 
authorized to draw his warrant for the same. 

[Approved March 10, 1905.] 



548 Chapters 145, 146. [1905 

CHAPTER 145. 

JOINT RESOLUTION IN FAVOR OF HARRY S. YEATON OF NEWCASTLE. 

Allowance of $50. 

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

Allowance of That Harry S. Yeatoii of Newcastle be allowed the sum of 
$50.00 for expense incurred in maintaining his right to a seat 
in this house, and the governor is hereby authorized to draw 
his warrant for the same out of any money in the treasury not 
otherwise appropriated. 

[Approved March lo, 1905.] 



CHAPTER 146. 

JOINT RESOLUTION FOR AN APPROPRIATION FOR THE BENEFIT OF THE NEW 
HAMPSHIRE COLLEGE OF AGRICULTURE AND THE MECHANIC ARTS. 

Annual appropriation of $10,000; appropriations of $5,500 and $25,000. 

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

That the following sums be and hereb}' are appropriated for 

the benefit of the New Hampshire College of Agriculture and 

the Mechanic Arts for the purposes hereinafter specified : 

Annuaiappro- (i) Ten thousand dollars ($10,000) annually for a period 

$10^00!°° of two years for the use of said college to be expended for the 

tw^o-years course in agriculture and general expenses. 
Appropriation (2) The sum of fifty-five hundred dollars ($5,500) toward 
° ' ' ■ the purchase of the president's residence built by Walter M. 

Parker on the site of the old president's house. 
Appropriation (3) The sum of twenty-five thousand dollars ($25,000) to be 
expended in erecting and equipping a building to provide for 
military drill ; the storage of government military supplies and 
accoutrements; class room and office for the professor of mili- 
taiy science, and locker rooms for students taking g3'mnasium 
work. 

[Approved March lo, 1905.] 



1905] Chapter 147. 549 

CHAPTER 147. 

JOINT RESOLUTION IN FAVOU OK JOHN K. LAW AND OTIIEUS. 

Allowances to .sumlry persons. 

Resolved hv the Senate and House of Rep7'esentatives in 
General Court convened: 

That John K. Law and William H. Weston be allowed the Allowances to 
sum of $268.00 each ; that the Rev. Lewis W. Phillips, Will- sons. 
iam W. Critchett, Morris T. Clement, John Young, George A. 
Rainville, Albert P. Davis, William S. Stanley, George E. 
Horton, George H. Brigham, Howard O. Nelson, James H. 
Brown, Merritt C. Huse, and Joseph A. Glennon be allowed 
the sum oi $231.00 each; that Richard P. Burke, James A. 
Laughlin, Henry E. Bryant, J. Edward Bouvier, Edgar H. 
Calvert, and Jesse M. Wilson be allowed the sum of $132.00 
each : that Harlan C. Pearson, Fred Leighton, George W. 
Fowler, John Edward Coffin, George Vernon Hill, Elias A. 
McQuaid, Henry H. Metcalf, Allan H. Robinson, L Eugene 
Keeler, Cornelius E. Cliflbrd, Harrie E. Waite, Frank M. 
Shack ford, and John T. Lambert be allowed the sum of 
$100.00 each ; that George E. Carter be allowed the sum of 
$109.41: that James Burbeck be allowed the sum of $4.60 ; 
that J. C. Derby be allowed the sum of $22.00; that Kate F. 
Clarke be allowed the sum of $276.00; that W. C. Gibson be 
allowed the sum of $27.15; that J. M. Ahern be allowed the 
sum of $15.00; that W. H. Dunlap & Co. be allowed the sum 
of $2. 00; that the sum of $515.42 be allowed the Union Pub- 
lishing Company ; that the People & Patriot Company be 
allowed the sum of $53.66; that the Herald Publishing Com- 
pany be allowed the sum of $2.10 ; that the Times Publishing 
Company be allowed the sum of $2.82 ; that A. H. Britton & 
Co. be allowed the sum of $39.60; that the John B. Clarke 
Compan}^ be allowed the sum of $545.20; that the sum of 
$102.87 be allowed J. M. Stewart & Sons Companj^ ; that the 
sum of $0.94 be allowed George J. Foster & Co. ; that Edson C. 
Eastman be allowed the sum of $457.50; that C. H. Swain & 
Co. be allowed the sum of $145.85 ; that Robert J. Merrill be 
allowed the sum of $326.00 ; that the Monitor and Statesman 
be allowed the sum of $486.10; that Matthews & Sawyer be 
allowed the sum of $32.50 ; that Amos Dodge be allowed the 
sum of $268.00 ; that Bent & Bush be allowed the sum of 
$25.00; that George C. Gilmore be allowed the sum of $41.25 ; 
that H. O. Mathews be allowed the sum of $5.00; that the 
Star Stamp Co. be allowed the sum of $3.10; that Ursula 
Bradley and Katherine Clancy be allowed the sum of $276.00 
each; tliat Mildred B. Clark be allowed the sum of $25.00; 



550 



Chapter 148. 



[1905 



that Louis A. Thorp and James M. Cooper be allowed the 
sum of $200.oo each; that Harrie M. Young and Martin Fitz- 
patrick be allowed the sum of $ioo.oo each ; that Jesse M. 
Libby be allowed the sum of $4.20 and Ernest C. Currier be 
allowed the sum of $2.50, for mileage; that Mary T. Lang- 
maid be allowed the sum of $100.00; that Adelaide Mor- 
rison be allowed the sum of $75.00; that William H. Laws 
and Henry G. Durrell be allowed the sum of $100.00 each ; 
that Edward N. Nason be allowed the sum of $300.00; that 
Horace L. Ingalls, John W. Lowry and Samuel A. Clay be 
allowed the sum of $200.00 each ; that Walter L. Jenks & Co. 
be allowed the sum of twenty-five dollars and seventy-six cents 
($25.76) ; that Matthews & Sawyer be allowed the sum of 
ninety dollars ($90) ; that the sum of five hundred dollars 
($500) in addition to the regular standing appropriation be 
and the same is hereb}^ appropriated for the contingent 
expenses of the governor and council for each of the years 
1905 and 1906. 

[Approved March 10, 1905.] 



CHAPTER 148. 



NAMES CHANGED. 



Names 
changed. 



Rockingham. 



From Januar}', 1903, to January, 1905, the Registers of 
Probate have returned to the Secretary of State the following 
changes of names : 

Rockingham County. — Robert Joshua Ramsbottom to 
Robert W. Ramsdell ; Martha Jane Ramsbottom to Martha 
Jane Ramsdell ; Charles Franklin Ramsbottom to Charles 
Franklin Ramsdell ; Joseph Howard Ramsbottom to Joseph 
Howard Ramsdell : Robert Wylie Ramsbottom to Robert 
Wylie Ramsdell ; Irving Joshua Ramsbottom to Irving Joshua 
Ramsdell ; John Edward Ramsbottom to John Edward Rams- 
dell ; Everett Louis Ramsbottom to Everett Louis Ramsdell ; 
Gertrude Martha Ramsbottom to Gertrude Martha Ramsdell ; 
Sarah D. Hoitt to Sarah D. Paul ; Addie L. Swinerton to 
Addie L. Peverly ; Laura Wood to Laura May Robinson 
(adoption) ; Blanche H. Meserve to Blanche N. True (adop- 
tion) ; Agnes Fouchon to Helen Virginia Corning (adoption); 
Harriet E. Gage to Harriet E. Roach ; Florence Edith Hudson 
to Florence Edith Nichols ; Sylvia E. Hudson to Sylvia E. 
Nichols ; Hattie M. Hartford to Hattie M. Rollins ; William 
Ford to William Ford Chapman ; Fannie P. Wendell to 
Frances P. Wendell ; Louisa Blanchette to Louisa Eva Bois- 



1905] Chapter 148. 551 

vert (adoption) ; Mary Catherine Cronin to Mary Alice 
Kironac ; Atta 1. Cram to Atta Cram Fitts (adoption) ; Esther 
W. Austin to Esther B. Warner; Jennie Wood Perkins to 
Jane Wood Perkins ; Clifton Russell to Charles Clifton Rus- 
sell ; Kenneth Russell to Kenneth Samuel Russell ; Emma M. 
Bates to Emma M. Gay ; Annie E. Rand to Annie Rand 
Jenness (adoption) ; Marjorie Roberts to Marjorie Frances 
Brackett (adoption) ; Lillian B. Sanborn to Lillian Bell Rob- 
bins (adoption) ; Laura E. Goodwin to Laura E. Ramsdell 
(adoption) ; Dorothy H. Whitehouse to Dorothy Hazel Berry 
(adoption) ; Mary Jane Pierce to Mary Pierce Chapman ; 
May Appleton Taylor to May Edith Appleton ; Marion G. 
Nealey to Marion G. Merrill ; Lila Nason to Lila Hunt ; John 
Willia"^m Bassett to John William Peaslee : Ethel M. Phillips 
to Ethel M. Bickford ; Flossie T. Brown to Florence B, Noyes 
(adoption) : Maude A. Micklewright to Maud A. Gage; Mat- 
tie N. H. Kingsbury to Mattie N. Hutchinson ; Otis E. Flint 
to Arthur George Blackman (adoption) ; Frank Louis Smith 
to Frank Louis Thomas ; Agnes B. Prescott to Thelma Young 
(adoption) ; Elizabeth Maria Howard Smith to Elisabeth 
Fuller Smith; Mabel Bennett to Mae Belle Whitney (adop- 
tion); Oscar Ehrlich to Oscar Eldredge ; William H. Green- 
way to Fred Green way Dalton (adoption). 

Strafford County. — Grace Greenwood Coleman to Grace Strafford. 
Greenwood Sterling ; Gertrude L. Tanner to Gertrude L. T. 
Wilkinson ; Edith McWhinney to Edith Bell ; Grace L. Boyd 
to Grace L. Avery ; Julia S. McDonald to Julia S. Shapleigh ; 
Alice Asenath Nye to Alice Asenath Hamblet ; Mercy Clara 
Manzera to Mercy Clara Warburton ; Thomas Brown to 
Thomas Haggert}^ ; Sarah R. Chase to Sarah R. French ; 
Clara O. Whalley to Clara Otilia Becker; Lilla M. Watson to 
Lilla M. Keay ; Frances Eaton to Erma Edna Small ; Mary 
Elizabeth Nealley to Marv Elizabeth Weare ; Lavenia E. 
Jenness to Lavenia E. Nevvcomb ; Rutli Young to Ruth 
Estelle Clough ; William Pearl Guy to Pearl Guy Clough ; 
Martha Washington Horr to Martha Plumer Horr ; Edna L. 
Leighton to Edna L. French. 

BeIvKNAP County. — Augustus S. Owen to Stanton Owen ; Beiknap. 
Nellie Maud Mclntire to Nellie Maud Huckins ; Myrtie 
Glenina Rand to Mvrtie Glenina Crooker ; Annie J. Heath to 
Annie J. Swain : Florence Maud Bean to Florence Maud 
Parshlev ; Joseph Alexander Theberge to Joseph Tromble}'- ; 
Lucy M. Perkins to Lucy M. Sargent ; Harry W. Gross to 
Harrv W. Laprise ; Betsey J. Kennie to Betsey J. Parnell ; 
Isabel A. Huntoon to Isabel A. Spiller ; Mabel M. Piper to 
Mabel M. Hubbard ; Frances R. Ranlet to Frances R. Robin- 
son ; Clarence Stone to Clarence Vallee ; Grace P. Weeks to 
Grace P. Kimball ; Nancv J. Wilkinson to Alice J. Wilkinson ; 
' Ellen L. Campbell to Ellen L. Davis ; John Henry B. Clow to 



552 



Chapter 148. 



[1905 



Henry B. Clow ; Harold Jesse Huckins to Harold Stephen 
Huckins ; George LaBelle to Samuel Lawrence Leavitt ; Her- 
bert Freeman LaFleur to Herbert Freeman LaFleur ; James 
Leroy LaFleur to James Leroy LaFleur ; Bessie Black to 
Blanche Allen Leavitt; Bessie M. Boylan to Bessie M. Grant; 
Raymond Foster Gilbert to Raymond Hayward Coone ; Hollis 
Beede to Donald Knight Sanborn ; Leon Blanchette, alias 
Harry Leon Guayette, to Leon Blanchette. 

Carroll. Carroll County. — Anna Stella Haines to Anna Stella 

King ; Lucy M. Hutchins to Lucy M. Smith ; Sarah J. White- 
house to Sarah Jane Dorr ; Edward Kendall to Charles Edward 
Sanborn; Marilla M. Abbott to Marilla M. P^itten ; Clara M. 
Staples to Clara M. Liberty; Abbie E. Brown to Abbie E. 
Brann ; HaroldHol man Gay to Harold Holman Head ; Mary 
J. Corson to Mary L. Canney. 

Merrimack. Merrimack County. — Arthur C. Bronner to Arthur Cool- 

ido-e Chadwick ; Eilen Hewes to Pauline Frances Gibson : 
Donald E. Bean to Donald B. Chase ; Lillian Pearl Tobyne 
to Lillian Pearl Blake ; Carl Alfred Carlson to Harold Alfred 
Matthews ; Raymond B. Johnson to Raymond B. Lord ; Mil- 
dred Gillingham to Mildred Emerson ; Eleanor Catherine 
Thomas to Dorothy Flanders ; George Russell Bowers to 
Leonard Davis ; Ruth Hills to Ruth Hazel Osgood ; Grace M. 
Garland to Grace M. Rice ; Harold W. Mellen to Neil Alfred 
Dow ; Addie P. Jameson to Addie P. Nudd : Florence May 
Spaulding to Florence May Kenrick ; Flora E. Stoiy Tarbell 
to Flora Ermenie Jones ; Edith May Thompson to Edith Ma}' 
Nevers ; Bertha M. Locke to Bertha Monroe Jones ; Carrie M. 
Huntoon to Carrie M. Sinclair : Ruth Marion Huntoon to 
Ruth Marion Sinclair : Ellen D. Massison to Ellen D. Trull ; 
Eliza Miningham to Eliza James ; Carl Anderson to Charles 
Anderson ; Olive R. Bonney to Olive R. Osgood ; Mar3' 
Louise Emily Foley to Mary Louise Emil}' Welcome ; Helen 
Edith Verrill to Helen Edith Burbank ; Daniel Livingston 
Howe to Daniel Weld Howe. 

Hillsborough. HiLLSBOROUGH CouNTY. — Elizabeth Marv Watts to Eliza- 
beth Mary Thompson ; Nina Brookhouse Wallace to Nina 
Brookhouse ; Hattie Amelia Williams to Hattie Amelia Shaw ; 
Charlotte L. Doherty to Charlotte L. Tasker ; Aaron Golub 
to Aaron Brodie : Israel Sistraten to Israel Stratton ; May 
Nichols Rowe to May Blanche Nichols; Julia A. Davison to 
Julia A. Bennett ; Emo E, Smith to Emo E. Ruffirm ; Libbie 
May Roberts to Libbie May Badger : Mary Eliza Vittum to 
Mary Eliza Johnson ; Mindie Aldrich Buswell to Minda 
Aldrich Buswell ; Adaline Colby to Adaline Morrison ; James 
Pettipaw to James Norton ; Annie Crawford to Anna Nicholl ; 
Katie Evangeline Wilder to Katherine Evangeline Wilder ; 
Alice J. Adams to Alice Janette Stearns : Rose Hossell to 
Rose Calwar ; Mary E. Loomis to Mary E. Donaghey ; Cora 



1905] Chapter 148. 553 

B. Trumbel to Cora B. Russell ; Georgina M. Brennan lo 
Georgina M. Harwood ; Arvilla R.Mills to Arvilla Rebecca 
Satterly ; Levena J. Greer to Levena J. Blondin ; Florence E. 
Jones to Florence E. Loverin ; Emma M. White to Emma M. 
Cotton ; Abraham Selig Ratkovvsky to Abraham Selig Rich ; 
Mederic Thomas Gerin-Lajoie to Mederic Thomas de Gerin ; 
Herman Pipig to Herman Wilhelm Webster; Lillian Adams 
Wadleigh to Lillian Maude Adams ; Nellie B. Moore to 
Nellie B. Munson ; Sarah F. Green to Sarah E. Dane ; 
Charles Moy to K. Movsesian ; Mabel A. Gonyeau to Mabel 
A. Clough ; Sadie K. Spalding to Sadie K. Kaime ; Francena 
Powers to Francena Hodgman ; Lizzie Belle Otto to Lizzie 
Belle Fellows; Jennie Elizabeth Moft'ett to Jennie Elizabeth 
Damor}^ ; Bernice Hanson McKillips to Bernice Hanson ; 
Bertha Poirier to Bertha Hebert (adoption) ; Margaret H. 
Steward to Margaret Steward Flanders (adoption) ; Doris 
Arville Cowing to Doris Arville Morse (adoption) ; Ethel 
Marion Keniston to Ethel Marion Dickey (adoption) ; Helen 
E. Smith to Helen Esther Stacey (adoption) ; Joseph H, 
Lavoie to Joseph Herbert Rodier (adoption) ; Harold George 
Stowe to Harold George Merrill (adoption) ; Arthur J. Wyman 
to Arthur J. Rogers (adoption) ; Edna Clara Dougherty to 
Edna Lemay (adoption) ; Royal Emerson Pratt known as 
Royal Emerson Lane to Royal Emerson Buss (adoption) ; 
Gladys L-ene Sawyer to Gladys Irene Minard (adoption) ; 
Mary Harrington to Mary Beatrice Mackie (adoption). 

Cheshire County. — Lucy E. G. Whitney to Lucy E. Cheshire. 
Goodrich ; Mary Dora Bedard to Theodora May Lavoie ; 
Daisy L Carley to Daisy L Clark ; Nellie M. Pierce to 
Nellie M. Traxler ; Ruby Mason to Ruby Gearing ; Clara M. 
Ferguson to Clara M. Read ; Dorothy M. Pierce to Dorothy 
M. Collins; Stewart Gamiela Freeman to Stewart Freeman 
Faulkner; Nellie B. Marsh to Nellie B. Whittemore ; Lillian 
M. Donovan to Lillian M. Winchester; Sarah Plummer to 
Sarah MacLeod ; Henry Lavando to Henry Cloutier ; Mabel 
Grace Smith to Mable Grace Fisher; Emily C. F. Blake to 
Emily C. Fisher ; Parke Weeks Mallory to Parke Follett 
Weeks ; Vera Minnie Putnam to Vera Minnie Butler ; Grace 
Stone Talbot to Grace Stone. 

Sullivan County. — Nettie Clow to Nettie L Vondel ; suiuvan. 
Mabel S. Gamash to Mabel S. Bent; Ralph Emerson Leigh- 
ton to Ralph Leighton Dame ; Gertrude E. Marshall to Ger- 
trude Marshall Muzzey ; Clarence U. Parker to Clarence 
Parker Huntley ; Edna Maria Smart to Edna Maria Maxham ; 
Minnie A. Thrasher to Minnie A. Wilmot : Harriet E. Vose 
to Harriet E. Slack ; Edward T. Wise to Edward T. White ; 
Philip Ward to Philip Ward Robertson. 

Grafton County. — Bernard T. Brown to Bernard T. Gile ; Grafton. 
Alice C. Brown to Alice Cousins ; Hannah M. Brand to Han- 
11 



664 ^ Chapter 148. [1905 

nah M. Wood ; Dorciis A. Carlton to Dorcus A. Clark ; Lena 
Day to Florence M. Lambert; Daisy W. Dorothy to Daisy 
Ellen Wheeler ; Mable Hattie Gerguson to Winnie Irene 
Sherman ; Marie E. Howe to Maria E. Bowman ; Helen M. 
Harrigan to Helen M. Richardson ; Annie Eleanor Harper to 
Annie Eleanor Barraby ; Edith Marion Holmes to Edith 
Marion Carpenter ; Emily Bell McLinn to Emily Bell Far- 
num ; Carlton Rupert Patrell to Carleton Rupert Metcalf ; 
Lizzie E. Pellerin to Lizzie E. Dewey : Malcom Dee Pearson 
to Malcolm D. Hildreth ; Mitchell Richardson to Nelson 
Peterson Johnson ; Alphonso J. Rancour to Alphonso J. 
Sulham ; Mabel A. Spafford to Mabel A. Currier; Elmer 
Tobey to Elmer Courett ; Gladys Rebecka Vale to Alice Mary 
Mansfield ; Ruth Lillian Webb to Lillian Ruth Berry. 
Coos. Coos County. — Winifred B. Clark to Winifred B. Whitten ; 

Lillian Brennan to Wanita Gh'de Winslow ; Bertha Carrie 
Bowker to Bertha Carrie Libby ; Florence Mildred Sawyer to 
Florence Mildred Oleson ; Libbie L3'nne Hebbard to Libbie 
Lynne Goodridge ; Helen A. Silver to Helen A. Hanson; 
Irving E. Angel to Irving Jones ; Florence V. Huntington- 
Wright to Florence V. P. Huntington; John Kenison to John 
Elwin Moulton ; Raymond Ellsworth Pike to Raymond Ells- 
worth Larrabee ; Bessie L. Treggett to Bessie L. Lombard ; 
Henry Walter Cook to Henry Waher Johnson ; Merle William 
Reid to Merle William Evans ; Gerald Parker Reid to Gerald 
Parker Evans ; Archibald Crawford to Archibald Crawford 
Bowles ; Fay Lawrence Beecher to Fay Lawrence Rob}^ 



PRIVATE ACTS. 



CHAPTER 149. 

AN ACT TO LEGALIZE THE ANNUAL MEETING OF THE SCHOOL DISTRICT 
OF PLYMOUTH, HELD MARCH 10, 1904. 

Section j Section 

1. Meeting legalized. I 2. Takes effect on passage. 

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

Section i. The annual meeting of the school district of Meeting 
Plymouth held on March lo, 1904, and all votes and proceed- ®^^ '^^ 
ings of said meeting, are hereby legalized, ratified and con- 
firmed. 

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

^ ^ ° on passage. 

[x'lpproved January 19, 1905.] 



CHAPTER 150. 

AN ACT TO CHANGE THE NAME OF l' ASSOCIATION CANADO-AMERICAINE 
AND C0NFIR3I ITS ORGANIZATION. 



Section 

1. Name changed and corporation cre- 

ated. 

2. Adoption of existing organization, 

etc. 

3. Collection of dues and assessments. 



Section 

4. Subject ;to supervision of insurance 

commissioner. 

5. Adoption of act by High Court. 

6. Subject to repeal; takes effect on 

passage. 



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

Section i. The name of L' Association Canado-Ameri- Name 
caine, a fraternal beneficiary association, existing and doing corpomtion 
business in Manchester in the count}^ of Hillsborough and State '^''®^*^®*^- 
of New Hampshire, is hereby changed to Association Canado- 
Americaine ; and said association is hereby recognized and 
continued as and made a body corporate and politic under said 



556 



Chapter 150. 



[1905 



Adoption of 
existing or- 
ganization, 
etc. 



Collection of 
dues and 
assessments. 



Subject to 
supervision of 
insurance 
commissioner. 



Adoption of 
act by High 
Court. 



name, with its principal place of business in Manchester, afore- 
said, for the following fraternal and benevolent purposes, to 
wit: the mutual benefit of its members in case of sickness and 
the payment of death benefits to the widows, orphans, heirs or 
dependents of members at their death, also the care of sick 
members and the burial of deceased members, and other simi- 
lar mutual and fraternal beneficiary purposes ; and for those 
purposes it may adopt and use a corporate seal, may form and 
associate with itself siich subordinate lodges, courts, villas, 
and succursales as it shall deem expedient, and may adopt and 
enforce such constitution, rules, regulations, and by-laws for 
the government of itself, its members, and such subordinate 
lodges, courts, villas, and succursales, not repugnant to the 
constitution and laws of the state, as it may deem expedient, 
and may alter, amend and repeal the same ; and by said name 
it may sue and be sued, prosecute and defend to final judg- 
ment and execution ; and said corporation is hereby vested 
with all the powers and privileges and made subject to all 
the duties and liabilities incident to corporations of a similar 
nature. 

Sect. 2. The present and existing organization, member- 
ship, and officers of said L' Association Canado-Americaine 
and the existing corporate seal, constitution, rules, regulations, 
and by-laws of said association, shall be the organization, 
membership and officers of said corporation, and the corporate 
seal, constitution, rules, regulations, and by-laws of said cor- 
poration until changed in accordance with the provisions of 
this act; and all the existing obligations and contracts of said 
L'Association Canado-Americaine shall be deemed to be and 
be the obligations and contracts of said corporation. 

Sect. 3. Said corporation may levy and assess and collect 
from its members such dues and assessments for its expenses 
and the conduct of its business and for the payment of sick, 
burial, death, and other benefits as shall be in conformity with 
its constitution, rules, and by-laws ; and it may take b}'' deed, 
gift, or otherwise, purchase and hold real and personal prop- 
erty to an amount not exceeding ten thousand dollars, and 
may use, lease, sell, convey and otherwise dispose of the same 
at pleasure. 

Sect. 4. Said corporation shall be subject to the supervi- 
sion of the insurance commissioner in accordance with all 
existing or future laws regulating fraternal beneficiar}' socie- 
ties, orders, and associations, and shall make to such commis- 
sioner all such reports as are now or may hereafter be required 
by law. 

Sect. 5. The existing high court of said L'Association 
Canado-Americaine, at any regular meeting held in accord- 
ance with its existing constitution and by-laws, may vote to 
accept and adopt this act, and the vote of said high court. 



1905] 



Chapter 151. 



557 



adopting this act as a charter, shall complete the organization 
of said corporation and shall endow said L'Association Canado- 
Americaine with all the corporate powers and privileges pro- 
vided by this act, and said association shall be and continue 
as a corporation under the name of Association Canado- 
Americaine. 

Sect. 6. The legislature may at any time alter, amend, or subject to 

, . . ^ , ° • ^u • • • iU \,^• J repeal; takes 

repeal this act, whenever in their opinion the pubhc good effect oi 
requires it, and this act shall take effect upon its passage. 

[Approved January 19, 1905.] 



; on 
passage. 



CHAPTER 151. 

AN ACT TO AUTHORIZE THE CONCORD & MONTREAL RAILROAD TO SECURE 
THE FORECLOSURE OF THE MORTGAGE OF THE NASHUA, ACTON & BOS- 
TON RAILROAD, AND PURCHASE THE MORTGAGED PROPERTY AT FORE- 
CLOSURE SALE. 



Section 

1. Authority granted. 

2. Subrogation of purchaser's mortga- 

gee. 



Section 
3. Repealing clause; act takes effect on 
passage. 



J^c it enacted by the Senate and House of Representatives in 
General Court convened : 

Section i. The Concord & Montreal Railroad being the Authority 
owner of nearl}- all the stock and bonds of the Nashua, Acton 
& Boston Railroad; and said Nashua, Acton & Boston Rail- 
road having defaulted in the payment of the principal and 
interest of its mortgage bonds of five hundred thousand dollars 
($500,000), issued on October i, 1874, under an act of the 
Massachusetts legislature passed June 12, 1874, ^"^ ^^ ^^^ o^ 
the New Hampshire legislature passed June 23, 1874, — ^^^^ 
Concord & Montreal Railroad, as owner of nearly all of said 
bonds, and as lessor to the Boston & Maine Railroad, is hereby 
authorized to apply to the trustees under said mortgage, to 
procure a foreclosure thereof; and said Concord & Montreal 
Railroad is hereby authorized to become a purchaser of the 
property and franchises of said Nashua, Acton & Boston Rail- 
road, at any public or private sale under a decree, or order, of 
the court, on such foreclosure proceedings. 

Sect. 2. The said Nashua, Acton & Boston stock and subrogation 

1 1 11 ^ r^ -I o HIT iT-»M !!• of purchaser's 

bonds, owned by the Concord & Montreal Railroad, being a mortgagee, 
part of the railroad property, covered by the lease of the Con- 
cord & Montreal Railroad to the Boston & Maine Railroad, 
dated June 29, 1895, and the same being also subject to the 
mortgage of the railroad and railroad property of the Concord 



558 



Chapters 152, 153. 



[1905 



Repealing 
clause; act 
takes effect 
on passage. 



& Montreal Railroad to the Boston Safe Deposit & Trust Com- 
pany, dated June 2, 1890, it is hereby further provided that if 
the Concord & Montreal Railroad shall become a purchaser of 
the property and franchises of the Nashua, Acton & Boston 
Railroad, or any part thereof, at any such foreclosure sale, 
said property and franchises so purchased shall be held subject 
to said lease and mortgage, respectively. 

Sect. 3. All acts and parts of acts inconsistent with this act 
are hereby repealed, and this act shall take effect on its pas- 
sage. 

[Approved January 24, 1905.] 



CHAPTER 152. 



Name 
changed. 



Takes effect 
on passage. 



AN ACT TO CHANGE THE NAME OF THE MOUNT PLEASANT HOTEL COM- 
PANY. 



Section 
1. Name changed. 



Section 
2. Takes effect on passage. 



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

Section i. That the name of The Mount Pleasant Hotel 
Company be and hereby is changed to The Bretton Woods 
Company. 

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

[Approved January 26, 1905.] 



CHAPTER 153. 



Board of 
police com- 
missioners 
established. 



AN ACT IN RELATION TO THE CITY OF KEENE, ESTABLISHING A BOARD 
OF POLICE COMMISSIONERS FOR SAID CITY. 



Section 

1. Board of police commissioners estab- 

lished. 

2. Appointment and terms of office. 

3. Power of removal. 

4. Police force, how constituted. 

5. Commissioners to make rules. 

6. Organization of board. 



Section 

7. Report and records of board. 

8. Compensation of commissioners and 

police. 

9. Tenure of office of existing police 

force. 
10. Repealing clause; act takes effect 

on passage. 



Be it enacted by t/ie Senate and House of Representatives m 

General Court convened: 

Section i. The powers now possessed by the board of 
mayor and aldermen of the city of Keene in relation to the 
appointment, control and removal of police officers for said 
city, as provided in the statutes of the state and the ordinances 



1905] Chapter 153. 559 

of the city of Keene, are hereby transferred to a board of police 
commissioners, including the power of the mayor to appoint 
special constables under section 5 of chapter 47 of the Public 
Statutes. 

Sect. 2. The governor, with the advice and consent of the Howandwhen 
council, shall, on or before the first day of March, 1905, terms of 
appoint three police commissioners for said city of Keene, one '^*''®- 
of whom shall hold office for two years from the first Tuesday 
of March, 1905, one for four years and one for six years from 
said date, or until their successors are appointed and qualified ; 
and biennially thereafter, on or before the first day of March, 
the governor, with the advice and consent of the council, shall 
appoint one commissioner who shall take the place of the one 
whose term expires, and who shall serve for six years, or until 
his successor is appointed and qualified, unless sooner removed 
as hereinafter provided ; and any vacancy in said board shall 
be filled in the same manner. At no time shall more than two 
of said commissioners belong to one political party ; and no 
commissioner shall hold an}^ other municipal office during his 
term as commissioner. All commissioners shall have been 
residents of said Keene for at least five years immediately pre- 
ceding the date of their appointment. 

Sect. 7. Tlie governor, with the advice and consent of the Power of 

• 1 > n , ,- 11 • • i removal. 

council, shall have lull power to remove any commissioner at 
any time, after a fair hearing and for just cause. 

Sect. 4. The police force of said city shall consist of a city Police force, 

,,T^, ^ .. ,•' T re 1 liowconsti- 

marshal and not exceeding ten regular police officers, who uued. 
shall devote such time as shall be required by the commission- 
ers to the performance of the duties of their office, and who 
shall not be engaged in any other business or occupation 
(except as constables), and special police officers whenever 
and in such numbers as they may deem best. All police offi- 
cers shall be appointed by the police commissioners, and said 
commissioners shall have the right to remove any member of 
the police force when in their judgment the public good 
requires it. All police officers appointed as aforesaid shall 
have and exercise, when on duty, all the powers possessed by 
police officers and constables, except as to the service of civil 
process; and the marshal and such of the regular officers as 
the commission may designate shall be constables for all 
purposes. 

Sect. =^. The police commissioners shall have full power commission- 

■I 11 1 ,- 1 r ^ T r • i i ers to make 

to make all rules tor the government of the police force, mclud- rules, 
ing tenure of office, and to enforce said rules. 

Sect. 6. The police commissioners shall elect one of their organization 

, 1111 !• rii 1 1 1 of board. 

number who shall act as chairman of the board, and one wrio 
shall act as clerk and keep a record of their proceedings, issue 
all notices, and attest all such papers and orders as said board 
shall desire. 



560 



Chapter 154. 



[1905 



Report and 
records. 



Compensation 
of commis- 
sioners and 
police. 



Tenure of 
office of exist- 
ing police 
force. 



Repealing 
clause; act 
takes effect 
on passage. 



Sect. 7. The said board shall make a detailed report of its 
doings quarterly to the mayor and aldermen of said city, and 
annually to the governor in the month of December. The 
records of said board shall at all times be open to the inspec- 
tion of the governor and council, and to the citizens of Keene. 

Sect. 8. The compensation of the commissioners shall be 
fixed from time to time by the city councils, and the compensa- 
tion of all the members of the police force shall be fixed from 
time to time by the police commissioners, all of which com- 
pensation shall be paid by the city of Keene. The compensa- 
tion of the members of the police force shall be in the form of 
salaries or wages, which shall be in full for all services, and 
all fees to wliich said members of the police force become enti- 
tled as police officers or as constables or otherwise, in connec- 
tion with criminal proceedings instituted by the city, or made 
a charge against the city, shall be turned over and belong to 
the city, and they shall make no charge therefor, except for 
actual expenses incurred. 

Sect. 9. The persons now holding the offices of city mar- 
shal, and all police officers, constables and special police offi- 
cers, now in office in said Keene, shall hold their respective 
offices only until their successors are appointed by the board of 
police commissioners for said city, and shall receive pay only 
for such time as they may have served in office. 

Sect. 10. All acts and parts of acts inconsistent with this 
act are hereby repealed, and this act shall take effect on its 
passage. 

f Approved January 31, 1905.] 



CHAPTER 154. 



AN ACT TO ESTABLISH A BOARD OF WATER COMMISSIONERS FOR THE 
BETHLEHEM VILLAGE PRECINCT. 



Section 

1. Board of water commissioners estab- 

lished. 

2. Election and tenure of office. 



Section 

3. Organization; duties; annual report. 

4. Powers of board. 

5. Takes effect on passage. 



Board 

established. 



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

Section i. The Bethlehem village precinct is authorized 
and empowered, for the convenience and efficient maintenance 
and operation of its water-works, to place the same under a 
board of commissioners, consisting of three persons, to be 
elected by said village precinct. 



1905] Chapter 154. 561 

Sect. 2. The said board of commissioners shall be elected fenuJL^of'''"^ 
at the regular annual meeting of said village precinct, in 1905, office, 
or at a special meeting thereof. One of said commissioners 
shall be elected for three years ; one for two years ; and one 
for one year. And at each annual meeting of said village 
precinct thereafter, one member shall be elected for three 
years. Said commissioners to hold office for their respective 
terms and until their successors are chosen and qualified. 

Sect. 2. The said board of commissioners shall organize organization; 

, 11' /-.!• 1 I'j duties; annual 

each year, by electmg one of their number a chairman, and report, 
another of their number a clerk. The said officers to perform 
the usual duties of said offices. The clerk shall also keep a 
suitable set of books, showing receipts and disbursements of 
the commissioners ; shall collect and receipt therefor all water 
rates and assessments, and pay all moneys, so collected, to the 
treasurer of said village precinct ; shall furnish a certificate 
showing the organization of said board of commissioners, 
within a reasonable time thereafter each year, to the clerk of 
said village precinct, who shall record the same in the records 
of said village precinct; and shall give bond acceptable to the 
said board of commissioners, for the faithful performance of 
the duties of his office. The said board of commissioners shall 
make and file with the clerk of said village precinct, an annual 
report of their business, in time for publication in the annual 
report of said village precinct. Any vacancy occurring in 
said board of commissioners, the remaining members of said 
board shall fill, until the next annual election. 

Sect. 4. The said board of commissioners are authorizedand Powers of 
empowered to and shall conduct all business relating to the 
maintenance and operation of said water-works ; to make all 
water rates and assessments ; to make extensions of system ; to 
make all necessary contracts for the sale of water, the purchase 
of supplies, materials for repairs and extensions, the employment 
of all labor, including a superintendent, necessary to the proper 
maintenance and operation of said water-works, and for any 
and all other things required to so maintain and operate said 
water-works. They shall give orders on the village precinct 
treasurer for all disbursements, and said village precinct treas- 
urer shall pay said orders when signed by the chairman and 
one other member of said board of commissioners. The books 
and accounts of the clerk shall be audited annually by the 
auditor for the said village precinct. 

Sect. 5. This act to take effect upon its passage. onp^ssfge.* 

[Approved February i, 1905.] 



562 



Chapters 155, 156. 



[1905 



CHAPTER 155. 



AN ACT TO LEGALIZE THE VOTE OP THE TOWN OF STEWARTSTOWN, OF 
NOVEMBER 8, 1904, TO EXEMPT THE HOTEL PROPERTY OP GEORGE N. 
PIKE FROM TAXATION FOR A TERM OP YEARS. 



Vote 
legalized. 



Takes effect 
on passage. 



Section 
1. Vote legalized. 



Section 
2. Takes effect on passage. 



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

Section i. The proceedings of the town of Stewartstown 
at the biennial town meeting holden on the eighth day of 
November, 1904, exempting from taxation the hotel property 
situated in the villagre of West Stewartstown in said town 
and owned by George N. Pike, are hereby legalized and made 
valid. 

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

[Approved February i, 1905.] 



CHAPTER 156. 

AN ACT TO AUTHORIZE THE SCHOOL DISTRICT OP THE TOWN OF CLAKE- 
MONT TO ISSUE NOTES OR BONDS FOR SCHOOL PURPOSES. 



Authority 
granted; 
form of 
bonds. 



Section 

1. Authority granted; form of bonds. 

2. Right of eminent domain. 



Section 
3. Takes effect on passage. 



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

Section i. The school district of the town of Claremont 
for the purpose of raising money to defray the expense of pro- 
curing a site and playgrounds for a schoolhouse and for erect- 
ing thereon a building for schools of the grammar grade and 
furnishing and equipping the same, may issue negotiable notes 
or coupon bonds of the district to an amount not to exceed fifty 
thousand dollars in the aggregate. Such bonds shall be pay- 
able not more than twenty-five years from the passage of the 
act, shall bear interest at a rate not exceeding three and one 
half per cent, per annum and shall be signed by the school 
board of such district, or a majority thereof, and countersigned 
b}^ the treasurer and shall have the seal of the district affixed 
thereto. All bonds issued by virtue of this act and signed and 
sealed as herein provided shall, in favor [of] bona fde holders. 



1905] 



Chapter 157. 



563 



be conclusively presumed to have been duly and regularly au- 
thorized and issued in accordance with the provisions herein 
contained and no such holder shall be obliged to see to the 
existence of the purpose of the issue, or to the regularity of 
any of the proceedings, or to the application of the proceeds of 
such issue. 

Sect, 2. If the district cannot agree with the owners Right of 
thereof, it shall have the right to take under the power of domain, 
eminent domain and condemn for the purposes mentioned or 
for the purpose of enlarging an existing schoolhouse lot so 
much land as in its judgment may be necessary in the same 
manner as land is taken for a public park. 

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

^ 1^ r & QQ passage. 

[Approved February i, 1905.] 



CHAPTER 157. 

AN ACT TO AMEND CHAPTER 189 OF THE SESSION LAWS OP 1903, 
ENTITLED, "AN ACT IN AMENDMENT OF THE CHARTER OF THE CITY 
OF DOVER, CREATING A BOARD OF POLICE COMMISSIONERS FOR SAID 
CITY, AND FIXING THE SALARIES OF THE OFFICERS OF THE POLICE 
DEPARTMENT." 



Section 
1. Organization and compensation of 
police force, etc. 



Section 
2. Repealing clause; act takes effect on 
passage. 



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

Section i. Amend section 4 of said chapter by inserting organization 
the words captain of the watch after the words " assistant city tatiolfof'^^' 
marshal," in the second line of said section. Strike out the police force, 
words "one thousand" in the thirteenth line of said section, 
and insert in place thereof the words twelve hundred ; strike 
out the words "eight hundred'' in the fourteenth line of said 
section, and insert in place thereof the words one thousand. 
After the words " per annum" in rhe fifteenth line of said sec- 
tion insert the words the captain of the watch, while on duty, 
at the rate of eight hundred dollars per annum ; strike out the 
word "thirty" in the sixteenth line of said section and insert 
in place thereof the word eighty ; so that said section as 
amended shall read as follows : Sect. 4. The police force of 
said city shall consist of a city marshal, assistant city marshal, 
captain of the watch, police officers and constables, not to 
exceed twelve in number, who shall devote such time to the 
performance of their duties as may be required by the commis- 



564 



Chapter 158. 



[1905 



Repealing 
clause; act 
takes effect 
on passage. 



sioners ; said officers shall not engage in any other business or 
occupation, or hold any state, county, or municipal office, 
except as aforesaid. The board shall have the power to 
appoint as many special officers as may be considered neces- 
sary, who shall perform such service as may be required of 
them by the rules and regulations of the board. Special 
officers shall exercise, when on duty, all the powers of police 
officers and constables under the laws of the state. The com- 
pensation of the city marshal shall be at the rate of twelve 
hundred dollars per annum ; the assistant marshal at the rate 
of one thousand dollars per annum; the captain of the watch, 
while on duty, at the rate of eight hundred dollars per annum ; 
each police officer, while on duty, at the rate of seven hundred 
and eighty dollars per annum ; each special police officer, 
while on duty, such sum as the commissioners may designate, 
but in no event to exceed two dollars per day. The salary of 
the police justice of said city shall be eight hundred dollars 
per annum ; the associate justice of said police court, two hun- 
dred dollars per annum ; the clerk of said police court, the sum 
of three hundred dollars per annum. The compensation of 
said board of police commissioners shall be five hundred dol- 
lars per annum, to be divided as said board may determine. 
All the above salaries, as well as the necessary expenses of the 
commissioners, to be paid monthly by said city of Dover, and 
to be in full for all services rendered, as well as all fees in 
criminal cases, which shall, in all cases, be paid to the city. 

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

[Approved February 8, 1905.] 



CHAPTER 158. 

AN ACT TO AMEND SECTION 1 OF CHAPTER 159 OF THE LAWS OF 1897, 
ENTITLED "aN ACT TO INCORPORATE THE AMERICAN ACCIDENT ASSO- 
CIATION." 

Section 1. Charter amended. 



Charter 
amended. 



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

Section i. Amend section i by inserting after the word 
"means" in the eleventh line, the words and to provide ben- 
efits for disability caused by sickness, so that said section i 
shall read, [Section i.] That Adolph W. Pressler, John J. 
Donahue, James F. Brennan, W. L. Mason, J. E. Lewis, and 



1905] Chapter 159 565 

F. M, Dinsmoor, their associates, successors, and assigns, be 
and hereby are made a body politic and corporate, by the 
name of American Accident Association, with authority to 
have and exercise all the powers and privileges incident to 
corporations of a similar nature, unless limited or extended by 
this act, for the mutual benefit, protection and assurance of its 
members or their beneficiaries, who shall have sustained, 
while members of the association, bodily injury, whether fatal 
or disabling, effected through or by external, violent or acci- 
dental means, and to provide benefits for disability caused by 
sickness, and under such conditions, provisions, limitations 
and exceptions as may be established under the by-laws of the 
association. 

[Approved February 8, 1905.] 



CHAPTER 159. 

AN ACT TO AMEND THE CHARTER OF THE FARMS CEMETERY, PASSED AT 
THE JUNE SESSION 1885, BY CHANGING THE NAME OF SAID COR- 
PORATION. 



Section 
1. Name changed. 



Section 
2. Repealing clause; act takes effect on 
passage. 



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

Section i. Section i of chapter igo of the Laws of i8Ss, Name 
is hereby amended by striking out the name "The Farms 
Cemetery," and inserting in place thereof the name, The Hills 
Farms Cemetery, in which name it shall transact all its busi- 
ness. 

Sect. 2. All acts and parts of acts inconsistent with the Repealing 
provisions of this act are hereby repealed, and this act shall takes effect 

2 1 cr J. -i on passage. 

take enect upon its passage. 
[Approved February 9, 1905.] 



566 



Chapter 160. 



[1905 



CHAPTER i6o. 

AN ACT IN AMENDMENT OF THE CH.1RTER OF THE CITY OF BERLIN CRE- 
ATING A BOARD OF POLICE COMMISSIONERS FOR SAID CITY, AND FIX- 
ING THE SALARIES OF THE OFFICERS IN THE POLICE DEPARTMENT. 



Board of 
police com- 
missioners 
established. 



Appointment 
and terms of 
office. 



Power of 
removal. 



Police force, 
how consti- 
tuted; com- 
pensation of 
police, etc. 



Section 

1. Board of police commissioners es- 

tablished. 

2. Appointment and terms of office. 

3. Power of removal. 

4. Police force, how constituted; com- 

pensation of police, etc. 



Section 

5. Organization of board. 

6. Report and records of board. 

7. Board to enforce laws. 

8. Repealing clause; act takes effect on 

passage. 



Be it enacted by the Senate and House of Representatives in 
Genet'al Court convened: 

Section i. The management, appointment, and removal 
of all police officers in said city shall be vested in a board of 
three police commissioners ; they shall have the power to make 
all reasonable rules, by-laws, and regulations for the govern- 
ment of said police officers, and may enforce the same by sus- 
pension, or expulsion from the force, as they see fit. 

Sect. 2. On or before the first day of March, 1905, the 
governor, with the advice and consent of the council, shall 
appoint three police commissioners, (each of whom shall have 
been a resident of said Berlin at least three 3^ears immediately 
preceding the date of his appointment) one of whom shall 
hold office for the term of one year from the first day of April, 
1905, one for the term of two years, and one for the term of 
three years, from said date, or until their successors are 
appointed and qualified ; and annually thereafter, on or before 
the first day of April, the governor, with the advice and con- 
sent of his council, shall appoint some person, qualified as 
aforesaid, to succeed the commissioner whose term expires, 
who shall serve the full term of three years, unless sooner 
removed. Any vacancy in said board shall be filled in the 
same manner, only for the unexpired term. At no time shall 
more than two of said commissioners belong to one political 
party. 

Sect. 3. The governor, with the advice and consent of the 
council, shall have full power to remove any or all of said 
commissioners, after a fair hearing, and for just cause. 

Sect. 4. The police force of said city shall consist of a city 
marshal, assistant marshal, and such number of regular police 
officers as the commission shall determine, who shall devote 
such time to the performance of their duties as may be required 
by the commissioners : said officers shall not engage in any 
other business or occupation, or hold any state, county or 
municipal office, except constables and as aforesaid. The 
board shall have the power to appoint as many special officers 



1905] Chapter 160. 567 

and constables as may be considered necessary, who shall per- 
form such service as may be required of them by the rules and 
regulations of the board. Special officers shall exercise, when 
on duty, all the powers of police officers and constables under 
the laws of the state. The compensation of the city marshal 
shall be at the rate of one thousand dollars per annum, the 
assistant marshal at the rate of eight hundred dollars per 
annum ; each police officer, while on duty, at the rate of seven 
hundred thirty dollars per annum ; each special police officer, 
while on duty, such sum as the commissioners may designate, 
but in no event to exceed two dollars per day. The compen- 
sation of said board of police commissioners shall be three hun- 
dred and fifty dollars per annum, to be divided as said board 
may determine. All the above salaries, as well as the neces- 
sary expenses of the commissioners, to be paid monthly by 
said city of Berlin, and to be in full for all service rendered, as 
well as all fees in criminal cases, which shall, in all cases, be 
paid to the cit}^ 

Sect. 5. The said board shall elect one of their number organization 
who shall act as chairman, and one who shall act as clerk. It o^'^^^'^*^- 
shall be the duty of the clerk to keep an accurate record of the 
proceedings of the commissioners, issue all notices, and attest 
such papers and orders as said board shall desire. 

Sect. 6. The said board shall in the month of January Report and 
make a detailed report of their doings to the board of mayor ^^^°^'^^- 
and council of said city, and to the governor of the state. The 
records of said board shall at all times be open to public 
inspection. 

Sect. 7. It shall be the duty of the commissioners, appointed Enforcement 
under this act, to see that all the criminal laws of the state are °^^^^^- 
faithfully and impartially enforced, within said city. 

Sect. 8. All acts and parts of acts inconsistent with this Repealing 
act are hereby repealed, and this act shall take effect upon its take^effect 

passage. on passage 

[Approved February 9, 1905.] 



568 



Chapters 161, 162. 



[1905 



CHAPTER i6i. 

AN ACT TO ENABLE THE CITY OF ROCHESTER TO HIRE MONEY FOR THE 
PURPOSE OF BUILDING A NEW CITY HALL THEREIN. 



Loan 
authorized. 



Takes effect 
on passage. 



Section 
1. Loan authorized. 



Section 
2. Takes effect on passage. 



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

Section i. The city of Rochester is hereby authorized to 
hire a sum of money not exceeding sixty-five thousand (65,000) 
dollars to defray the expenses of building a new city hall in 
said Rochester and to issue notes or bonds of the city therefor, 
payable at such times within thirty (30) years from the passage 
of this act and with such rate of interest, not exceeding fiv'e 
per cent, per annum, as the mayor and city council may 
determine. 

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

[Approved February 9, 1905.] 



CHAPTER 162. 

AN ACT TO AUTHORIZE THE CITY OF DOVER TO ERECT AND MAINTAIN 
A HOSPITAL, PROVIDE FOR THE ELECTION OF A BOARD OF TRUSTEES 
FOR SAID HOSPITAL AND TO DEFINE THEIR DUTIES. 



Preamble. 



Authority 
granted; 
election of 
trustees. 



Section 

1. Authority granted; election of trus- 

tees. 

2. Organization of board; powers and 

duties. 



Section 

3. Management of property. 

4. Right of eminent domain. 

5. Annual report of trustees. 

6. Takes effect on passage. 



Whereas, Arioch Wentworth late of Swampscott in the 
county of Essex and Commonwealth of Massachusetts, de- 
ceased, by his last will and testament bequeathed certain of 
his estate for founding and maintaining a hospital in said city 
to be called the Wentworth Hospital therefore. 

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

Section i. That the said city of Dover be and is hereby 
authorized to accept said bequest for the purposes in said will 
contained, and all property hereafter bequeathed or devised 
for said purpose, and be and is hereb}' further authorized and 
empowered to erect, establish, equip and maintain a hospital 



1905] Chapter 162. 569- 

for the benefit of sick and disabled persons, to be known as the 
Wentworth Hospital ; and upon the passage of this act, for 
this purpose, the mayor and aldermen of said city, upon nom- 
inations duly submitted by the mayor of said city, shall elect 
five citizens of said Dover as a board of trustees ; one of whom 
shall serve five years, another four years, another three years, 
another two years and another one year; and thereafter in the 
month of March, annuall3s said mayor and aldermen shall, 
upon nominations as aforesaid, elect one citizen of said city to 
be a member of said board of hospital trustees who shall hold 
office five years from his said election and until his successor 
is elected and qualified, unless sooner removed. If a vacancy 
occurs the mayor and aldermen shall, upon nominations as 
aforesaid, elect some person to fill said vacancy for the residue 
of said term. Said mayor and aldermen may remove any 
member of said board of hospital trustees at any time for cause, 
upon charges duly filed with the clerk of said city and upon 
a full hearing had thereon ; ^rovided^ however^ that no mem- 
ber of said board shall be removed except upon the affirmative 
vote of two thirds of all the members of said board of mayor 
and aldermen, voting by yea and nay, and at no time shall all 
the members of said board be of the same political party. The 
mayor and president of the common council shall be, ex-officiis^ 
members of said board, with all the rights and privileges of 
their associates on the board. 

Sect. 2. In the month of March, annually, said board organization 
shall organize by the choice of one of its members as chair- powers and 
man, and shall also choose a clerk who may be one of said *^""*^^- 
trustees ; said board may choose a treasurer, who shall file 
with said board such bond and receive such salary as said 
trustees shall determine. Said board of hospital trustees may 
purchase such land as may be necessary and shall have full 
charge, management and control of the erection, equipment 
and management of such building or buildings as may be 
necessary to carry into effect the purposes of this act ; may 
employ and fix the compensation of such agents as they shall 
deem expedient, and remove any of said agents at pleasure, 
and make necessary rules and regulations for their own gov- 
ernment and for the control and management of all property, 
real or personal, connected with the proper conduct of said 
hospital. 

Sect. 3. The board of trustees shall hold in trust all prop- Management 
erty now bequeathed, or hereafter acquired by, or bequeathed o^p^op®''*^- 
or devised to, said city for hospital purposes ; and the invest- 
ment, use, disposition, and expenditure of the same, and the 
income thereof, shall be within the sole control and discretion 
of said board of trustees, and the same being in the nature of a 
public charity shall be exempt from taxation. 
12 



570 



Chapter 163. 



[1905 



Right of em- 
inent domain 



Annual 
report. 



Takes effect 
on passage. 



Sect. 4. If the said board of trustees are unable to pur- 
chase any land they may deem necessary for hospital purposes 
at a price which they think reasonable, they may take the 
same and apply to the county commissioners for the county of 
Strafford to assess damages upon any land which they desire 
to so take ; and said commissioners after notice to the parties 
and hearing, shall assess the value of said land so taken, and 
award damages therefor, which assessment shall be in writing 
and filed in the office of the city clerk of said city as soon as 
may be after the same is completed ; and upon the payment or 
tender to the party whose land is so taken, the right of said 
board of trustees to the same shall become vested and com- 
plete ; but said party shall have the right of appeal as in the 
case of land taken for highways by action of said commis- 
sioners. 

Sect. 5. The said board shall annually, in the month of 
December, make a detailed report of all matters pertaining to 
said hospital to the city councils, and the city councils are 
authorized to appropriate such sums of money from time to 
time for the maintenance of said hospital as in their judgment 
may be necessary. 

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

[Approved February 9, 1905.] 



CHAPTER 163. 

AN ACT TO CHANGE THE NAME OF THE PEOPLE'S CHURCH AT LACONIA. 



Section 
t. Name changed. 



Section 
2. Takes effect on passage. 



Name 
changed. 



Takes effect 
on passage. 



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

Section i. That the name of the People's Church at 
Laconia in the county of Belknap is hereby changed to the 
First Christian Church of Laconia, New Hampshire. 

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

[Approved February 9, 1905.] 



1905] Chapters 164, 165. 571 

CHAPTER 164. 

AN ACT TO AMEND AND CONFIRM THE CHARTER OF l'UNION CANADIENNE 
DE MANCHESTER N. H., BEING CHAPTER 188, LAWS OF 1901. 

Section 1. Charter amended. 

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

Section i. Amend section i, by striking out the word charter 
"and" after the word "sick" in the ninth line, and adding 
after the word " funeral" in the ninth line the words and death 
so that said section will read: [Section i.] That Hermo- 
gene Desrosiers, Vital Fortier, Hormidas L. Gauvin, Euclide 
Geoffrion, and Joseph V. Gelinas, their associates, subscribers, 
and assigns, be and hereby are made a body politic and cor- 
porate by the name of L'Union Canadienne de Manchester" 
N. H., for charitable and benevolent purposes, to provide for 
the sick and distressed members of the association and to 
establish a relief and benefit fund by means of mutual agree- 
ments and the payments of funds from which the members of 
the association may receive sick, funeral and death benefits. 
And said corporation may sue and be sued, defend and be 
defended, have and use a common seal, and shall have full 
power to adopt a constitution and by-laws, not repugnant to 
the laws of this state, and said corporation shall be vested with 
all the powers and privileges, and be subject to all the liabil- 
ities of law incident to corporations of a similar nature. 

[Approved February 9, 1905.] 



CHAPTER 165. 

AN ACT TO LEGALIZE THE TOWN MEETING HELD IN WEARE NOV. 8, 1904. 

Section i Section 

1. Warrant and election legalized. I 2. Takes effect on passage. 

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

Section i. That the selectmen's warrant for the calling of warrant and 
the town meeting of the town of Weare for Nov. 8, 1904 and fe|aUzed 
all acts and proceedings of the voters at said meeting are 
hereby legalized and made valid. 

Sect. 2. This act shall take effect upon its passacre. Takes effect 

^ I fs on passage. 

[Approved February 9, 1905.] 



672 



Chapters 166, 167. 



[1905 



CHAPTER i66. 

AN ACT TO AUTHORIZE THE KEENE GAS & ELECTRIC COMPANY TO INCREASE 

ITS CAPITAL STOCK. 



Increase 
authorized. 



Repealing 
clause; act 
takes effect 
on passage. 



Section 
1. Increase authorized. 



Section 
2. Repealing clause; act takes effect on 
passage. 



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

Section i. That the Keene Gas & Electric Company of 
Keene in the county of Cheshire be and is hereby authorized 
to increase its capital stock to a sum not exceeding four hun- 
dred and fifty thousand ($450,000) dollars, for the purpose of 
converting its bonded and floating indebtedness into stock and 
providing for extensions and development, and to issue its cer- 
tificates of stock in such classes, at such times, and for such 
amounts as the directors may determine. 

Sect. 2. Any part of the charter of said corporation, or 
amendments thereto, inconsistent with this act, is hereby 
repealed and this act shall take effect upon its passage. 

[Approved February 9, 1905. J 



CHAPTER 167. 

AN ACT TO AMEND CHAPTER 265, SESSION LAWS OF 1891, ENTITLED "AN 
ACT TO AMEND THE CHARTER OF THE NASHUA TRUST COMPANY." 



Charter 
amended. 



Section 

1. Charter amended. 

2. May change capital stock. 



Section 
3. Takes effect on passage. 



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

Section i. That section i of an act of the legislature of 
1891, being chapter 265 entitled "An act to amend the charter 
of the Nashua Trust Company," be amended by inserting in 
place of the words "one hundred thousand dollars" and the 
figures "($100,000)" the words fifty thousand dollars and the 
figures ($50,000), and in place of the words "three hundred 
thousand dollars" and the figures "($300,000)" the words one 
hundred thousand dollars and the figures ($100,000), so that 
said section i shall read as follows : Said company shall have 
a capital stock of fifty thousand dollars ($50,000) divided into 
shares of one hundred dollars each, with authority to increase 



1905] Chapter 168. 573 

the capital stock to one hundred thousand dollars [($100,000)], 
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 security. 

Sect. 2. The provisions of section 6 of chapter 149 of the May change 

• 111 CRDltRt StOCK 

Public Statutes and the rights and powers there given shall 
apply to the said Nashua Trust Company. 

Sect. 3. This act shall take effect from and after its pas- onpa^sff|e* 
sage. 

[Approved February 9, 1905.] 



CHAPTER 168. 



AN ACT AUTHORIZING A PHYSICAL CONNECTION OF THE MANCHESTER 
STREET RAILWAY WITH THE LINES OF THE UNCANOONUC INCLINE 
RAILWAY AND DEVELOPMENT COMPANY. 

Section | Section 

1. Physical connection authorized. I 2. Takes effect on passage. 

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

Section i. The lines of the Uncanoonuc Incline Railway Physical 

.•' connection 

and Development Company now or hereafter built, and the authorized, 
lines of the Manchester Street Railway may be physically 
united and the electric cars of each corporation may be run 
over the lines of the other upon such terms and conditions as 
may be agreed upon by the parties. 

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

[Approved February 9, 1905.] 



574 



Chapter 169. 



[1905 



CHAPTER 169. 

AN ACT TO ESTABLISH WATER-WORKS IN THE TOWN OF WILTON. 



Water-works 
authorized. 



Section 

1. Water-works authorized. 

2. Right of eminent domain. 

3. Contracts authorized. 

4. Extension of system in Milford. 

5. Board of water commissioners estab- 

lished. 



Right of em- 
inent domain. 



Section 

6. Powers and duties of board. 

7. Receipt and expenditure of funds. 

8. Appropriations authorized. 

9. Votes of town ratified. 



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

Section i. That the town of Wilton in the county of 
Hillsborough is hereby authorized and empowered to con- 
struct, manage, maintain, and own suitable water-works, for 
the purpose of introducing into and distributing through the 
villages in said town or in any part thereof an adequate supply 
of water, in subterranean pipes, for extinguishing fires and for 
the use of its citizens, and for other purposes ; and for that 
purpose may take, purchase, and hold, in fee simple or other- 
wise, any real or personal estate, and any rights therein, and 
water-rights, necessary for carrying into effect the purposes of 
this act ; and to excavate and dig canals and ditches in any 
street, place, square, passway, highway, common, or other 
place through which it may be deemed necessary and proper 
for building said water-works ; and relay, change and repair 
the same at pleasure, having due regard for the safety of its 
citizens and security of the public travel. 

Sect. 2. Said town is authorized and empowered to enter 
upon, take and appropriate any streams, springs, or ponds in 
the town of Wilton or elsewhere not belonging to any aqueduct 
company, and to secure, by fence or otherwise, such streams, 
springs or ponds, and dig ditches, canals, make excavations or 
reservoirs, through, over, in, or upon any land or enclosure 
through which it may be necessary for said aqueduct to pass, 
or said excavation, reservoirs, and water-works to be or exist, 
for the purpose of obtaining, holding, preserving, or conduct- 
ing such water, and placing such pipes, or other material, 
or works, as may be necessary for building and operating 
such aqueduct and water-works, or for repairing the same : 
Provided^ if it shall be necessary to enter upon and appro- 
priate any stream, spring, or pond, or any land for the purpose 
aforesaid, or to raise or lower the level of the same, and if said 
town shall not agree with the owners thereof for the damage 
that may be done by said town, or such owners shall be 
unknown, said town or said owner or party injured, may apply 
to the superior court for said county, by petition, to have the 
same taken, appropriated and condemned for the purposes 



1905] Chapter 169. 575 

required, and the damages determined ; and the said court 
shall refer the same to the county commissioners for said 
county, who shall appoint a place and time of hearing, and 
give notice thereof in the same manner as is now provided by 
law for laying out highways, and said commissioners shall 
make reports to said court, and said court may issue executions 
accordingly ; but if either party shall desire, upon application 
to said court before reference to said commissioners they shall 
be entitled to a trial by jury in such manner and under such 
regulations as the court may prescribe. 

Sect. 2. Said town is authorized and empowered to con- contracts 

.,.,..,, . , , . . /. authorized. 

tract with mdividuals and corporations, whether citizens of 
said town or not, for supplying them with water, and to make 
such contracts and establish such regulations and tolls for 
water and its use as may from time to time be deemed proper : 
and may contract with any person or corporation to furnish to 
said town water for the use of the town and for the purposes of 
this act. 

Sect. 4. Said town is empowered to extend its water sys- Extension of 
tem within the limits of the town of Milford in said county, Miifo^.^° 
and may excavate and dig ditches in any street, square, pass- 
way, highway, or common, within the limits of said town of 
Milford, wherein said town of Wilton may be authorized to 
extend its water system as hereinafter provided, and may relay, 
change, and repair the same at pleasure, having due regard to 
the rights of the inhabitants of said town of Milford, or the 
owners of the property aflected, and the safety of the public 
travel ; provided, however, that said town of Wilton shall 
extend its water system only upon such streets and to such 
points within said town of Milford as it shall be authorized 
thereto in writing by the selectmen of said town of Milford ; 
said towns of Milford and Wilton are authorized to contract 
with each other for the purpose of providing a supply of water 
for protection against fires within the limits of said town of 
Milford and for other public uses; and said town of Wilton is 
authorized to contract with individuals and corporations resid- 
ing and doing business within the limits of said town of Mil- 
ford for supplying them with water for domestic and other 
purposes. 

Sect. <.. The immediate management, control, and direc- Board of 

ri r • t 1111 1- 1 ^^ter com- 

tion of the water-works of said town shall be vested in a board missioners 
of water commissioners, to consist of three citizens of the town, 
the first board to be chosen by the legal voters of the town at 
the next annual meeting, or at some subsequent special meet- 
ing duly called for the purpose ; and of the three so chosen at 
the first election, one shall be chosen and hold his office until 
the annual meeting of the town for the year 1906, one until the 
annual meeting of the year 1907, and the other until the annual 
meeting for the year 1908 and at each annual meeting of the 



576 



Chapter 169. 



[1905 



Powers and 
duties. 



Receipt and 
expenditure 
of funds. 



town, beginning with the year 1906, one commissioner shall 
be chosen to fill the place of the one whose term then expires ; 
and they shall each hold their respective offices for the term of 
three years, and until others are chosen and qualified in their 
stead respectively. Their compensation shall be fixed by the 
town. They shall be sworn to the faithful discharge of their 
duties. They may choose one of their number as chairman of 
the board, and may appoint a clerk. They may also appoint a 
superintendent of the works, and such other agents and ser- 
vants as they may deem necessary, and ma}^ fix their compen- 
sation. They may make such rules and regulations for their 
own government, and in relation to all officers and agents 
appointed b}'^ them, as they may deem proper. Whenever a 
vacancy occurs in said board, from any cause, the two remain- 
ing members of the board may fill such vacancy temporarily 
by an appointment in writing, which shall be filed with the 
town clerk and recorded by him. And the person so appointed 
shall hold said office until the next annual town meeting after 
his appointment, when the town shall elect a commissioner to 
fill the unexpired term, if any, of the person whose office 
became vacant and was so temporarily filled by such appoint- 
ment. 

Sect. 6. Said commissioners shall have the control and 
management of the construction of said works, and make all 
such contracts and agreements for and on behalf of the town 
in relation thereto as the town is hereby authorized to make 
and as they may deem proper and advisable, and shall have 
full charge and control over the said works when constructed. 
They shall establish rates and tolls and prescribe rules and 
regulations for the use of water, and may sell and dispose of 
such articles of personal property connected with said works 
as they shall deem expedient, and may purchase such property 
as may be in their judgment necessary for said works and the 
purposes contemplated by this act; and they shall annually 
make a report to the town of the condition of the water-works 
and the funds belonging to their department, and the expenses 
and income thereof, which shall be published in the town 
report of each year. 

Sect. 7. All moneys received in any way on account of 
said water-works shall be paid into the town treasury, and 
shall be kept and applied exclusively for the uses of said 
water-works, including the payment of the bonds issued under 
this act and the interest thereon : and all bills and claims for 
expenditures connected with said works shall be approved by 
the board of water commissioners before they are paid by the 
treasurer ; and the town treasurer shall keep his accounts relat- 
ing to the water-works, including all bonds and notes of the 
town given for loans and moneys raised for said works, separ- 
ately and distinctly from all other receipts and payments. 



1905] 



Chapter 170. 



577 



Sect. 8. Said town is also authorized, at any annual or Appropna- 

. , . , . ^ -' , . tions author- 

special meeting, by a major vote oi those present and voting, ized. 

to raise and appropriate, and to borrow or hire, such sums of 
money on the credit of the town as may from time to time be 
deemed necessary for the purpose of defraying the expense of 
purchasing real estate, rights in real estate, water-rights, 
streams, springs, ponds, and other rights and property as 
aforesaid, and for constructing, maintaining and operating said 
water-works, and for payment of water-works purchased, or 
for water supplied by any person or corporation under con- 
tract aforesaid, and to issue notes or bonds of the town therefor 
in such amounts and payable at such times and at such rates 
of interest as may be thought proper. 

Sect. q. All votes of the town of Wilton passed at its last votes of town 

-'. , . , 11-1 , • . J ratifled. 

town meeting relating to the establishment, maintenance, and 
governance of a town system of water- works, and the incidents 
thereto, are hereby ratified and confirmed. 

[Approved February 14, 1905.] 



CHAPTER 170. 



AN ACT TO AUTHORIZE THE NORTH CONWAY WATER PRECINCT TO PUR- 
CHASE AND MAINTAIN A SYSTEM OF WATER- WORKS. 



Section 

1. Prior acts ratified. 

2. Acquisition of water- works author- 

ized. 

3. Assessment of damages. 

4. Right of eminent domain. 



Section 

5. Contracts authorized. 

6. Appropriations authorized. 

7. Act inoperative unless system ac- 

quired. 

8. Takes effect on passage. 



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

Section i. The acts of the officers of the towns of Bartlett Prior acts 
and Conway and the inhabitants and officers of the North Con- 
way Water Precinct, in establishing said water precinct, and 
all the acts relating thereto, in the election of its officers, in the 
management and control of its affairs, and all the official acts 
of the officers of said precinct in the management and control 
of the same, are hereby legalized, ratified, and confirmed ; and 
the inhabitants of said precinct are hereby made a body politic 
and corporate under the name of the North Conway Water 
Precinct, and are hereby vested with all the powers and privi- 
leges incident to corporations of a similar nature. 

Sect. 2. The North Conway Water Precinct is hereby Acquisition of 
authorized and empowered to take, or purchase, at a fair and authorized, 
equitable valuation, the property rights, and franchises of the 
North Conway Water and Improvement Company consisting 



damages. 



inent domain. 



578 Chapter 170. [1905- 

of its works, structures, fixtures, property rights, and fran- 
chises, and estate of whatever nature, for the purpose of sup- 
^ plying said precinct with an adequate supply of pure water in 

subterranean pipes, for domestic, fire, park, sewerage, and 
such other purposes as water may be required in said precinct ; 
and upon taking or purchasing the property of said North 
Conway Water and Improvement Company said precinct shall 
be and is hereby invested with the franchises, rights and pow- 
ers, granted the said North Conway Water and Improvement 
Company by chapter 196 of the Laws of 1891 or by any other 
statutes of this state. 

Assessmentof Sect. 3. Should said North Conway Water Precinct be 
unable to agree with said North Conway Water and Improve- 
ment Company upon a fair and equitable price for its property, 
application may be made to the superior court for the county 
of Carroll, at the trial term thereof, for estimating the value of 
said property rights and franchises and said court shall refer 
the same to the county commissioners of said county as pro- 
vided in section 4 of this act. 

Right of em- Sect. 4. Said precinct is authorized and empowered to 
enter upon, take, and appropriate any springs, streams, or 
ponds not belonging to any water company, to construct reser- 
voirs, to make excavations through, over, in, or upon any land 
or enclosure, street, highway, or lane through which it may be 
necessary to pass or lay its pipes, to construct its reservoirs 
and water-works, or to repair the same. Provided^ that if it 
shall be necessary to enter upon and appropriate any stream, 
spring, or pond, or any land for the purposes aforesaid, or to 
raise or lower the level of the same, and if an agreement with 
the owners thereof for the damages that may be done by said 
precinct cannot be made, or if such owners shall be unknown, 
said precinct, or the parties injured, may apply to the superior 
court, at a trial term of the same in Carroll county, to have the 
same laid out and the damages determined, and the said court 
shall refer the same to the county commissioners for said 
county, who shall appoint a time and place of hearmg in the 
same manner as is provided by law for the laying out of high- 
ways. And said commissioners shall make report to said 
court and said court may render judgment thereon and issue 
execution accordingly. If either party shall desire before ref- 
erence to said commissioners, they shall be entitled to a trial 
by jury in such manner and under such regulations as the 
court may prescribe. 

Contracts^ Sect. 5. Said precinct is authorized and empowered to 

contract with individuals or corporations for supplying said 
precinct with water, to make such other contracts, establish 
such regulations and tolls for the use of water, as may from 
time to time be deemed proper, and to elect such officers or 
commissioners as may be necessary, and prescribe their duties. 



authorized. 



1905] 



Chapter 171. 



579 



Sect. 6. Said precinct is also authorized, at any annual or Appropria- 
special meeting, duly called, by a major vote of those present ized. 
and voting, to raise and appropriate, borrow, or hire, such 
sums of money on the credit of the precinct as may from time 
to time be deemed advisable, for the purposes of defraying the 
expense of purchasing the property of said North Conway 
Water and Improvement Company, said real estate and rights, 
and for constructing, maintaining, and operating said water 
works, and to issue notes or bonds of the precinct payable at 
such limes and at such rate of interest as may be thought 
proper therefor. 

Sect. 7. The said precinct shall not be hereby empowered ^ve'unie%^" 
to establish and maintain a water system until it shall first have system 

3iCGlllI*6(l 

purchased the water-works of the North Conway Water and 
Improvement Company, or acquired that property by exercise 
of the right of eminent domain as herein provided. 

Sect. 8. This act shall take effect upon its passage. onpassage* 

[Approved February 14, 1905.] 



CHAPTER 171. 

AN ACT TO AMEND CHAPTER 2423 OF THE LAWS OF 18G0 ENTITLED 
"an ACT TO INCORPORATE THE CLAREMONT GAS LIGHT COMPANY." 



Section 

1. Corporation constituted; purposes. 

2. Capital stocli. 

3. Powers. 

4. Issue of bonds, etc. 



Section 

5. Laying of pipes. 

6. First meeting. 

7. Takes effect on passage; subject to 

repeal. 



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

Section i. Substitute in the place of that which follows corporation 
the enacting clause in said act as follows: Section i. That purposes!^^' 
Frederick H. Rindge, Benjamin Phipps, S. Parker Bremer, 
Ira Colby, John M. Whipple, Frank P. Vogl, their associates, 
successors and assigns are hereby constituted a body politic 
and corporate by the name of the Claremont Gas Light Com- 
pany for the purpose of the manufacture, sale and distribution 
of gas for the production of light, heat and power, and for the 
application and use of the same for all mechanical and useful 
purposes within the limits of said Claremont. Said corpora- 
tion shall be vested with all powers and privileges, and be sub- 
ject to the duties and liabilities incident to such corporations. 

Sect. 2. The capital stock of said corporation shall not capital stock, 
exceed one hundred thousand dollars and shall be divided into 



580 



Chapter 171. 



[1905 



Powers. 



Issue of 
bonds, etc 



shares of a par value of one hundred dollars each. The 
amount of the capital stock shall be fixed by the corporation at 
its first meeting after the passage of this act and may, within 
said limit, be increased from time to time as the directors may 
determine. The capital stock may be paid in in cash or in 
property taken at a just valuation, but no certificate of stock 
shall be issued until fully paid for. Corporations may be own- 
ers of said stock and may vote thereon as other stockholders. 

Sect. 3. Said corporation is authorized to purchase, lease 
and hold all such real and personal estate as may be necessary 
and proper to hold, use and employ in its said business and 
may construct such buildings, works, furnaces, reservoirs and 
gas holders, and do such other things as may be requisite and 
suitable for said purposes, provided koiveve?-, that the location 
of buildings for the manufacture of gas if in the compact part 
of the village must be approved by the selectmen of said town 
in writing and a record thereof made in the town clerk's 
office. 

Sect. 4. The corporation shall have the right to sell, mort- 
gage or lease its properties, rights and franchises, may issue 
bonds for its purposes to an amount not exceeding its capital 
stock paid in and upon vote of its stockholders secure the pay- 
ment of such bonds by a mortgage of its property rights and 
franchises, such bonds to run not more than twenty years from 
date of issue, and to bear interest not exceeding four per cent, 
per annum, as may be determined by the directors. 

Sect. 5. Said corporation shall have the right to lay for its 
purposes, pipes in any of the public highways and streets of 
said Claremont subject to the approval of the selectmen of said 
town, and to relay and repair the same subject to such regula- 
tions as to health and safety of the citizens and safety of the 
public travel as may be prescribed by said selectmen. 
First meeting. Sect. 6. Any three of the persons named in this act may 
call the first meeting by notice at least ten days before the day 
of meeting in some newspaper published in said Claremont at 
which an organization may be effected, officers chosen and 
by-laws adopted and any other business of the corporation 
transacted. 

Sect. 7. This act shall take effect upon its passage and the 
legislature may alter, amend or repeal it whenever the public 
good requires. 

[Approved February 14, 1905.] 



Laying of 
pipes. 



Takes effect 
on passage; 
subject to 
repeal. 



1905] 



Chapter 172. 



581 



CHAPTER 172. 

AN ACT TO INCORPORATE THE HUDSON WATER COMPANY, 



Section 

1. Corporation constituted; purposes. 

2. Capital stock. 

3. Meetings of corporation. 

4. Purchase of property authorized. 

5. Right of eminent domain. 



Section 

6. Contracts authorized. 

7. First meeting. 

8. Issue of bonds. 

9. Subject to repeal; takes effect 

passage. 



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

Section i. That Charles H. Pay son, George S. Payson, corporation 
Herbert Payson, all of Portland, in the State of Maine, and purposes. 
James Harwood, of Hudson, and Harry P. Greeley, of Nashua, 
State of New Hampshire, their associates, successors, and 
assigns, shall be and hereby are made a body politic and cor- 
porate by the name of the Hudson Water Company, for the 
purpose of bringing water into the villages in Hudson in said 
state by subterranean pipes, for domestic use and the extin- 
guishment of fires and for such other purposes as water may 
be required in said villages ; and by that name may sue and 
be sued, prosecute and defend, to final settlement and execu- 
tion, and are hereby vested with all the powers and privileges 
and made subject to all the liabilities incident to corporations 
of a similar nature. 

Sect. 2. The capital stock of said corporation shall con- capital stock, 
sist of such number of shares, not exceeding one hundred dol- 
lars each, as may from time to time be determined by the 
directors of said corporation, not exceeding in the whole the 
sum of fifty thousand dollars. 

Sect. 3. The annual and all special meetings of the cor- Meetings, 
poration shall be held at such times and places and upon such 
notice as may be provided by the by-laws of the corporation. 

Sect. 4. Said corporation is empowered to purchase and Property, 
hold, in fee simple or otherwise, any real or personal estate 
necessary for the carrying into effect the purpose of this act, 
and to purchase any water-works in said Hudson now con- 
structed or in operation ; and said corporation is authorized to 
enter upon and break ground, dig ditches, and make excava- 
tions in any street, place, square, passageway, or highway 
through which it mav be deemed necessary for the pipes and 
water-works of said corporation to pass, be, or exist, for the 
purpose of placing said pipes, hydrants, water-works, and such 
other materials as may be deemed necessary for constructing 
said water-works, 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 of 
the town of Hudson. 



582 



Chapter 172. 



[1905 



Eight of em- Sect. k. Said Corporation is authorized to enter upon and 

inent domain. . , . ^ i i ^i /• 

appropriate any springs, streams, ponds, and other sources of 
water supply, in the town of Hudson, not belonging to any 
aqueduct or water-works company, and to secure such streams, 
springs, ponds, or other sources of supply by fences or other- 
wise, and to dig ditches, make excavations and reservoirs, 
through, over, in, or upon any land or enclosure through 
which it may be necessary for said pipes and water to pass, or 
said excavations and reservoirs and water-works to be or exist, 
for the purpose of obtaining, holding, preserving, or conduct- 
ing said water, and placing such pipes, other material, or 
works as may be necessary for building and operating such 
water-works or repairing the same : provided, that if it shall 
be necessary to enter upon and appropriate any streams, 
springs, or ponds, or land for the purpose aforesaid, or to raise 
or to lower the level of the same, and the said corporation shall 
not be able to agree with the owners thereof for damages that 
may be done by said corporation, or the owners shall be 
unknown, either party may apply to the superior court, at the 
trial term in the county of Hillsborough, to have the damages 
determined ; and said court shall refer the same to the county 
commissioners for said county, who shall appoint a time and 
place of hearing, and give notice thereof, in the same manner 
as now provided by law for laying out of highways. Said 
commissioners 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 commissioners they shall be entitled to a trial by jury in 
such manner and under such regulations as said court may 
prescribe. 

Sect. 6. Said corporation may make any contract with 
said town of Hudson, or with any fire precinct in said town, or 
with any persons or corporation, to furnish water, hydrants, 
and other means and apparatus for extinguishing fires, and for 
such other purposes as may be deemed necessary ; and said 
town, or any fire precinct therein now existing or hereafter 
organized, is hereby authorized to contract with said corpora- 
tion for the use of said water, hydrants or other apparatus for 
said purpose, and may raise or appropriate money therefor. 
And said corporation is hereby authorized and empowered to 
sell or lease for a term of years to the town, or any fire pre- 
cinct now existing or hereafter organized therein, all of its 
works, structures, and estate, of whatever kind or nature; and 
said town or fire precinct is hereby authorized to purchase or 
lease the same. 
First meeting. Sect. 7. The first two Corporators herein named may call 
the first meeting of the corporation by giving a notice in writ- 
ing, to each of the corporators, of the time and place of meet- 
ing, at least seven days before the day of meeting, or by leav- 



Contracts 
authorized. 



1905] Chapter 173. • 583 

ing the same at his last and usual place of abode ; and at said 
meeting, or any adjourned meeting thereof, associates may be 
admitted and all proper officers chosen, the capital stock fixed, 
and such by-laws and regulations adopted as may be necessary 
to carry into effect the business of the corporation. 

Sect. 8. Said corporation may borrow money for the pur- {f^^^^g'^^ 
pose of constructing the water-works named herein, and such 
other purposes for which it is created, and issue its bonds or 
other obligations therefor, and secure the same by mortgage 
upon the said water-works, property, assets, and franchises of 
said corporation. 

Sect. 9. This act may be altered, amended, or repealed r^pili? takes 
whenever the public good may require, and shall take effect effect on 
on its passage. 

[Approved February 14, 1905.] 



CHAPTER 173. 

AN ACT TO AMEND THE CHARTER OF THE KEENE, MARLOW AND NEW- 
PORT ELECTRIC RAILWAY COMPANY. 

Section i Section 

1. Time for building extended. | 2. Takes effect on passage. 

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

Section i. The time fixed in the charter of the Keene, Time for 
Marlow and Newport Electric Railway Company in which to extended, 
build its road, approved March 21, 1901, chapter 261 Laws of 
1901, and extended by chapter 244 Laws of 1903, to March 21, 
1905, is hereby extended to March 21, 1907. 

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

[Approved February 15, 1905.] 



584 



Chapter 174. 



[190^ 



CHAPTER 174. 



AN ACT TO AMEND CHAPTER 165 OF THE SESSION LAWS OF 1885, 
ENTITLED "AN ACT TO ESTABLISH A BOARD OF HEALTH FOR THE 
CITY OF MANCHESTER AND DEFINE ITS POWERS AND DUTIES " EMPOW- 
ERING INSPECTORS APPOINTED BY SAID BOARD TO MAKE ARRESTS IN 
CERTAIN CASES. 



Section 
1. Inspectors may arrest, when. 



Section 
2. Takes effect on passage. 



Inspectors 
may arrest, 
when. 



Takes effect 
on passage. 



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

Section i. Section 3 of chapter 165 of the laws passed at 
the June session, 1885, is hereby amended by adding at the 
end thereof the following words : Said inspectors are hereby 
empowered to make arrest in said city of Manchester and in 
the town of Auburn, in the county of Rockingham, of any per- 
son who shall, in said city or town, violate any of the laws of 
the state relative to health or relative to the protection of waters 
used as a source of supply for domestic purposes in any city or 
town ; and for the purpose of making such arrest said inspect- 
ors are vested with the powers of constables, so that said sec- 
tion as amended shall read as follows: Sect. 3. The board 
of health hereby constituted shall have and exercise all the 
powers vested in, and shall perform all the duties prescribed 
to health officers of towns under the statutes, and shall have 
power to appoint such sanitary inspectors as they may deem 
necessary, and define their duties, term of service, and fix their 
compensation ; provided, that the whole amount of such com- 
pensation shall not exceed the amount appropriated therefor by 
the city councils ; and said inspectors so appointed shall be 
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. Said inspectors 
are hereby empowered to make arrest in said city of Manches- 
ter and in the town of Auburn, in the county of Rockingham, 
of any person who shall, in said city or town, violate any of 
the laws of the state relative to health or relative to the protec- 
tion of waters used as a source of supply for domestic purposes 
in any city or town ; and for the purpose of making such arrest 
said inspectors are vested with the powers of constables. 

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

[Approved February 15, 1905.] 



1905] Chapters 175, 176. 585 

CHAPTER 175. 

AN ACT TO AMEND THE CHARTER OF THE DERRY AND SALEM STREET 

RAILWAY CO. 

Section i Section 

1. Time for building extended. I 2. Takes effect on passage. 

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

Section i. The time fixed in the charter of the Derrv and Time for 

i-«io T-»'i r-\ iT»«-i • building 

balem Street Railway Company approved March 24, 1903 is extended, 
hereby extended to March 24, 1907 and said corporation shall 
have such additional time in which to build its road. 

Sect. 2. This act shall take etTect upon its passage. onpassfge.* 

[Approved Februar}' 15, 1905.] 



CHAPTER 176. 

AN ACT TO REVIVE, AMEND AND EXTEND THE CHARTER OP THE DUN- 
BARTON & GOFFSTOWN STREET RAILWAY COMPANY. 

Section I Section 

1. Time for building extended. I 2. Takes effect on passage. 

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

Section i. The charter of the Dunbarton & Goffstown Time for 
Street Railway Company approved March 31st 1903 is hereby extendfd. 
revived and the time fixed in such charter is hereby extended 
to March 31st, 1907, and said corporation shall have such addi- 
tional time in which to build its road. 

Sect. 2. This act shall take eflfect upon its passacfe. Takes effect 

r r i3 on passage. 

[Approved February 15, 1905.] 

13 



586 



Chapters 177, 178. 



[1905 



CHAPTER 177. 



AN ACT TO AMEND THE CHARTER OF THE CONCORD, DOVER & ROCHESTER 

STREET RAILWAY. 



Time for 
building 
extended. 



Takes effect 
on passage. 



Section 
1. Time for building extsnded. 



Section 
2. Talies effect on passage. 



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

Section i. The time fixed in the charter of the Concord, 
Dover & Rochester Street Railway, approved March 31, 1903, 
chapter 310, Laws of 1903, in which to build its road, is hereby 
extended to March 31, 1907, and said corporation shall have 
such additional time in which to construct its road. 

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

[Approved February 15, 1905.] 



CHAPTER 178. 



Time for 
building 
extended. 



Talies effect 
on passage. 



AN ACT TO AMEND THE CHARTER OF THE NASHUA AND HOLLIS ELECTRIC 
RAILROAD COMPANY PASSED JANUARY SESSION 1903 EXTENDING THE 
TIME FOR THE COMPLETION OF ITS ROAD. 



Section 
1. Time for building extended. 



Section 
2. Takes effect on passage. 



Be it enacted by the Senate a7id House of Representatives in 
General Court convened : 

Section i. Section 13 of the act approved March 3, 1903 
being chapter 249 of the session Laws of 1903 entitled "An 
act to incorporate the Nashua and Hollis Electric Railroad 
Company," is hereby amended by striking out the word "two" 
and inserting in place thereof the word four so that said sec- 
tion as amended shall read as follows : Sect. 13. This act 
shall take effect on its passage, but shall be void and inop- 
erative as to all parts of said railway not constructed and ready 
for operation within four years from its passage. 

Sect. 2. This act shall take eft'ect upon its passage. 

[Approved February 15, 1905.] 



1905] Chapters 179, 180. 687 

CHAPTER 179. 

AN ACT TO AMEND SECTION 2 OF CHAPTER 127 OF THE LAWS OF 1877, 
ENTITLED "AN ACT TO INCORPORATE THE NEW HAMPSHIRE CONFERENCE 
preachers' aid SOCIETY OF THE METHODIST EPISCOPAL CHURCH." 

Section 1. Charter amended. 

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

Section i. That section 2 of chapter 127 of the Laws of charter 
1877, entitled "An act to incorporate the New Hampshire Con- 
ference Preachers' Aid Society of the Methodist Episcopal 
Church," be amended by striking out the word "twenty-five" 
and inserting in place thereof the words two hundred fifty in 
the third line of said section, so that said section, as amended, 
shall read : [Sect. 2.] Said corporation shall have the power 
to hold by gift, grant, bequest, purchase, or otherwise, any 
real estate or personal property which shall not exceed in value 
two hundred fifty thousand dollars. 

[Approved February 16, 1905.] 



CHAPTER 180. 

AN ACT TO EMPOWER THE TOWN OP MILTON TO DISPOSE OF CERTAIN 
TRUST FUNDS HELD BY SAID TOWN. 

Section i Section 

1. Authority granted. I 2. Takes effect on passage. 

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

Section i. That the town of Milton is hereby authorized Authority 
and empowered, agreeable to their vote of the second Tuesday s'"^°'^*^^- 
of March, 1903 to turn over the accumulated income, and the 
income that shall be received annuall}^ from the Nute Cemetery 
fund, to the Hayes Cemetery Association for the better care of 
said Hayes cemetery whenever said association shall be duly 
incorporated and shall include in its board of directors or trus- 
tees the selectmen of Milton and their successors in office, ^rc- 
vided that the articles of incorporation of the Hayes Cemetery 
Association are approved by vote of said town. 

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

° on passage. 

[Approved February 16, 1905.] 



588 



Chapters 181, 182. 



[1905 



CHAPTER i8i. 

AN ACT TO EXTEND THE TIME FOR THE LOCATION, CONSTRUCTION AND 
COMPLETION OP THE RAILROAD OF THE KEARSARGE MOUNTAIN ELEC- 
TRIC RAILWAY COMPANY. 



Time for 
building 
extended. 



Takes effect 
on passage. 



Section 
1. Time for building extended. 



Section 
2. Takes effect on passage. 



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

Section i. The time tor the location, construction, and 
completion of the railroad of The Kearsarge Mountain Elec- 
tric Railroad Company is hereby extended to the first of April, 
1907. 

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

[Approved February 16, 1905.] 



CHAPTER 182. 

AN ACT TO EXTEND THE CHARTER OF THE UNCANOONUC INCLINE RAIL- 
WAY AND DEVELOPMENT COMPANY. 



Time for 
building 
extended. 



Takes effect 
on passage. 



Section 
1. Time for building extended. 



Section 
2. Takes effect on passagA 



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

Section i. The time fixed in the charter of the Uncanoonuc 
Incline Railway and Development Company, approved March 
25, 1903, is hereby extended to March 25, 1907, and said cor- 
poration shall have such additional time in which to build its 
road. 

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

[Approved February 16, 1905.] 



1905] Chapters 183, 184. 689 

CHAPTER 183. 

AN ACT TO EXTEND THE CHARTER OF THE MEREDITH & OSSIPEE VALLEY 

RAILROAD COMPANY. 

Section I Section 

1. Time for building extended. I 2. Takes effect on passage. 

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

Section i. The chai-ter of the Meredith & Ossipee Valley Time for 

■r~. ■ , -I ^ 1 T» /r 1 1 J- • X building 

Railroad Company approved March 25, 1903 and hxing two extended, 
years as the period within which said railroad shall be com- 
pleted is hereby so far amended as to extend the time fixed and 
limited for the completion of said railroad to March 25, 1907, 
and said corporation shall have such additional time in which 
to build its road. 

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

' ^ ° on passage. 

[Approved February 16, 1905.] 



CHAPTER 184. 

AN ACT IN AMENDMENT OF "AN ACT TO INCORPORATE THE NORTH CON- 
WAY & MOUNT KEARSARGE RAILROAD," PASSED JUNE SESSION, 1883, 
AND ALL SUBSEQUENT ACTS RELATING TO THE SAME. 

Section I Section 

1. Time for building extended. ' 2. Takes effect on passage. 

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

Section i. The time for the completion of the North Con- Time for 
way & Mount Kearsarge Railroad is hereby extended to the extendfd. 
first day of July, 1908. 

Sect. 2. This act shall take effect upon its passage. onp^sffge.* 

[Approved February 16, 1905.] 



590 



Chapter 185. 



[1905 



CHAPTER 185. 



AN ACT TO AUTHORIZE THE SUNCOOK WATER-WORKS COMPANY TO EXTEND 
ITS WATER SYSTEM INTO THE TOWN OF HOOKSETT. 



Section 
1. Extension authorized. 



Section 
2. Contracts autliorized. 



Extension 
authorized. 



Contracts 
authorized. 



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

Section i. The Suncook Water-works Company is hereby 
authorized to extend its water system into the town of Hook- 
sett ; and said corporation is authorized to enter upon and 
break ground, dig ditches and make excavations in any street, 
place, square, passageway, or highway in said town, 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, hydrants, water-works, and such other 
material as may be deemed necessary for constructing said 
water-works, and to relay and repair the same, subject to such 
regulations as to the safety of citizens and security of the pub- 
lic travel as may be prescribed by the selectmen of said town 
of Hooksett. 

Sect. 2. Said corporation may make any contract with 
said town of Hooksett, or with any fire precinct in said town, 
or with any person or corporation, to furnish water, hydrants, 
and other means and apparatus for extinguishing fires, and for 
such other purposes as may be deemed necessary, and said 
town, or any fire precinct therein existing or hereafter organ- 
ized, is hereby authorized to contract with said corporation for 
the use of said water, hydrants or other apparatus for said pur- 
pose, and may raise and appropriate money therefor ; and said 
corporation is hereby authorized and empowered to sell or 
lease for a term of years to said town, or any precinct now 
existing or hereafter organized therein, all of its works, struc- 
tures, and estate of whatever kind or nature ; and said town or 
fire precinct, is hereby authorized to lease or purchase the 
same. 



[Approved February 16, 1905.] 



1905] 



Chapter 186. 



591 



CHAPTER i86. 



AN ACT TO CONFIRM THE INCORPORATION OF THE FIRST CONGREGATIONAL 
CHURCH OF WOLFEBOROUGH, NEW HAMPSHIRE, AS A RELIGIOUS ASSO- 
CIATION, AND TO ENLARGE ITS POWERS. 



Section 

1. Corporation constituted. 

2. Prior organization confirmed. 

3. Powers of corporation. 

4. Rules and by-laws. 



Section 

5. Tenure of present officers. 

6. List of members. 

7. Repealing clause; act takes effect on 

passage. 



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

Section i. The First Congregational Church of Wolfe- corporation 

, . ,. . ..",=• ^ , . . constituted. 

borough IS a religious association heretofore and now existing 
as a non-secular organization under the laws of this state. It 
is a non-secular religious association under the Congregational 
ecclesiastical polity, as distinguished from a secular society 
which has heretofore had a separate corporate organization, 
but heretofore acting in cooperation with the non-secular soci- 
ety and auxiliary to it. It is the purpose of this act to dis- 
associate said societies and to establish the said First Congre- 
gational Church, heretotore a non-secular association, as a 
corporate body entirely disassociated from said secular society 
and with certain additional powers herein specified. 

Sect. 2. Said non-secular association, known as the First Prior 
Congregational Church of Wolfeborough, is hereby confirmed conflrmed'.°° 
as a corporation duly organized and lawfully existing in 
accordance with and by virtue of the statutes of this state and 
its legal corporate existence and its right to have and exercise 
all the powers conferred upon similar religious associations by 
the laws of this state is hereby ratified and confirmed. 

Sect. 3. Said First Congregational Church of Wolfebor- Powers, 
ough, heretofore being a non-secular religious association, 
and, as such a corporation, organized and lawfully existing 
for religious purposes, may hereafter have and exercise the 
powers of a secular religious corporation, independently of and 
without relations with anv other secular society existing at said 
Wolfeborough and heretofore acting as a corporation or in any 
other relation with said non-secular association ; and, under 
the powers hereby confirmed, said First Congregational Church 
may take and hold real and personal estate by deed, gift, 
devise, bequest, and otherwise tor the religious, charitable, 
reformatory, and educational purposes of said corporation, not 
exceeding the sum of two hundred thousand dollars. Said 
corporation may manage, sell, convey, lease, and otherwise 
dispose of its property as it may deem fit, and may make con- 
tracts, establish by-laws for its own government, sue and be 



592 



Chapter 187. 



[1905 



Rules and 
by-laws. 



Tenure of 
officers. 



List of 
members. 



Repealing 
clause; act 
talies effect 
on passage. 



sued, and prosecute to final judgment and execution in the 
manner prescribed by law for similar corporations. 

Sect. 4. The rules and by-laws of said First Congrega- 
tional Church as heretofore by it provided and adopted for its 
government and for the management of its affairs and the 
ecclesiastical purposes of the said church, not repugnant to the 
laws of the state, shall be retained and continued in force by 
said corporation, until the same shall be altered, amended, or 
repealed by the lawful act of the corporation. 

Sect. 5. The present officers of said church shall hold 
their respective offices and exercise the powers lawfully belong- 
ing to the same until successors shall be elected or appointed 
agreeably to the by-laws or other rules of government of said 
church. 

Sect. 6. The clerk of said First Congregational Church of 
Wolfeborough shall within thirty days after the approval of this 
act make a list of the members of said First Congregational 
Church of Wolfeborough having, on the date of the passage of 
this act, the right of voting at tlie meetings of the said associa- 
tion and file a copy of the same, verified by the affidavit of said 
clerk, in the office of the secretary of state. 

Sect. 7. All acts or parts of acts inconsistent with this 
act are hereby repealed, and this act shall take effect upon its 
passage. 

[Approved February 21, 1905.] 



CHAPTER 187. 

AN ACT TO CHANGE THE NAME OF THE CONGREGATIONAL SOCIETY OF 
PLAISTOW, AND THE MINISTERIAL FDND IN PLAISTOW AND TO ENABLE 
SAID SOCIETY TO HOLD PROPERTY AND TO PERFORM THE FUNCTIONS 
OF A CHURCH SOCIETY. 



Name 
changed. 



Powers. 



Section 

1. Name changed. 

2. Powers of corporation. 



Section 

3. Transfer of funds. 

4. Takes effect on passage. 



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

Section i. The corporate name of the Congregational 
Society in Plaistow and the Ministerial Fund in Plaistow is 
hereby changed and said society shall hereafter be known as 
the Evangelical Congregational Church of Plaistow, N. H. 
and the North Parish of Haverhill, Mass. 

Sect. 2. Said corporation may acquire by purchase or 
otherwise real and personal estate, may receive and hold, gifts, 



1905] 



Chapter 188. 



593 



donations or bequests, given for the use of this church and 
manage real and personal property necessary and needful for 
the support of religious preaching in Plaistow and hold all 
property in trust now vested in or holden by either the Con- 
gregational Society in Plaistow, or the Ministerial Fund in 
Plaistow for the same purposes for which said property was 
holden by said societies. 

Sect. "3. The trustees of the Ministerial Fund in Plaistow J^^^^^^^^^ 
are hereby authorized to transfer to the Evangelical Congrega- 
tional Church of Plaistow, N. H. and the North Parish of 
Haverhill, Mass. all funds now holden by said society and 
the said Evangelical Congregational Church of Plaistow, 
N, H. and the North Parish of Haverhill, Mass. are hereby 
authorized to receive said funds for the purposes for which said 
fund was originally established and to exercise all the powers 
*and privileges relating thereto heretofore legally exercised by 
the Ministerial Fund, prov/ded the trustees of said Ministerial 
Fund shall relinquish its powers and privileges or shall be 
dissolved and cease to exist. 

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

• "^ '^ '^^ on passage. 

[Approved February 22, 1905.] 



CHAPTER 188. 



AN ACT AUTHORIZING THE TOWN OF GORHAM TO ESTABLISH WATER- 
WORKS AND SEWERS. 



Section 

1. Water-works and sewers authorized. 

2. Right of eminent domain. 

3. Assessment of damages. 

4. Board of water commissioners estab- 

lished. 



Section 

5. Powers and duties of commissioners, 

6. Issue of bonds. 

7. Appropriations authorized. 

8. Contracts binding on town. 

9. Takes effect on passage. 



I^e it enacted by the Senate auijt House of Representatives in 
General Court convened: 

Section i. The town of Gorham is authorized and em- water-works 
powered to construct, own, maintain and manage suitable ^^t^^o^^ed. 
water-works for the purpose of supplying said town with an 
adequate supply of pure water for the extinguishment of fires, 
for the use of its inhabitants and for other purposes ; it is also 
authorized and empowered to construct, own, maintain and 
manage a system of sewers with all necessary man-holes, 
catch basins, flush tanks, traps and other apparatus and 
fixtures proper and convenient for the purpose of adequately 
draining and sewering the streets and buildings of said town ; 



594 Chapter 188. [1905 

and may acquire by purchase or otherwise any existing sewer 
or sewer rights owned and operated by any individual, part- 
nership, or corporation in the public streets of said town ; and 
for such purposes may take, purchase and hold, in fee simple, 
or otherwise, any real or personal estate and any rights therein 
necessary to carry into effect the purposes of this act ; and may 
excavate and dig canals and ditches and lay pipes in any 
street, highway, or other place through which it may be neces- 
sary and proper for building said water-works and system of 
sewers and necessary appurtenances thereto, and may relay, 
extend and repair the same at pleasure, having due regard for 
the safety of persons and property and the security of the pub- 
lic travel. 
Rightofem- Sect. 2. Said towu is authorized and empowered to enter 

inent domain. ^ i i • • ^ • • -i 

upon, take and appropriate any stream, sprmg or pond m said 
town not now belonging to and in actual use by, any aqueduct* 
or water-works company, or other corporation or individual, 
as a source of supply to any aqueduct now laid and supplying 
water to any of the inhabitants of said town and not now owned 
or used by a manufacturing corporation for domestic or man- 
ufacturing purposes : to secure the same by fence or otherwise ; 
and to dig ditches and canals, make excavations, distribute 
and lay pipe and other necessary appurtenances of said water- 
works and sewer system, build dams and reservoirs, through, 
over, in, or upon any land or enclosure in said town which 
may be necessary for said aqueduct and sewer system to pass, 
or said excavations, dams, reservoirs, water-works and system 
of sewers to be or exist for the purpose of obtaining, holding, 
preserving or conducting such water and placing such pipes or 
other material or works as may be necessary for building, 
operating, extending or repairing the same. Said town is 
further authorized and empowered to take and appropriate any 
land that may be necessary to protect any water suppl}^ that 
it may establish or acquire. 
Assessment Sect. 3. In case the town shall not be able to agree with 

amages. ^^^ owuer of any property, or right taken for the purposes of 
this act, for the damages to be paid therefor, or in case the 
owner is unknown, either party may apply to the superior 
court for the county of Coos at any trial term thereof to have 
the same laid out and the damages determined ; and the said 
court shall refer the same to the county commissioners of said 
county, who shall appoint a time and place of hearing afid 
give notice thereof in the same manner as is now provided by 
law for the laying out of highways ; and the said commission- 
ers shall make report to the court and said court may issue 
execution thereon accordingly ; but if either party shall desire 
it, upon application to said court, before reference to said 
commissioners, they shall be entitled to a trial by jury, in such 
manner and under such regulations as the court may prescribe. 



1905] Chapter 188. 695 

Provided, however, that entry upon and taking of property, 
rights and estate, laid out and taken for the purposes of this 
act, shall not be postponed by reason of any failure of the 
parties to agree upon the compensation to be paid or by reason 
of proceedings being instituted by either party for the assess- 
ment of damages as provided in this act, but said municipal 
corporation may enter upon, take or occupy such property, 
rights and estate by filing a bond to the satisfaction of the 
superior court or the clerk thereof conditioned on the payment 
of all damages that may be afterwards agreed upon or allowed 
in any case. 

Sect. 4. Said town is also authorized and empowered to water com- 

X ,.,.., 1 , . c 1 • ^L missioners. 

contract with mdividuals and corporations for supplying them 
with water and to make such contracts and to establish such 
regulations and tolls for the use of water and sewers as may 
from time to time be deemed proper ; and for the more efficient 
and convenient management of said water-works and sewer 
S3^stem, the said town shall place them under a board of com- 
missioners consisting of three persons who shall be legal voters 
of said town, said commissioners to be vested with such powers 
and duties relating to the construction, control, management 
and direction of the same as may from time to time be pre- 
scribed by said town. Their term of office shall be for three 
years and until their successors are elected and qualified. The 
first board of commissioners may be chosen b}^ the legal voters 
of the town at the next or any subsequent annual meeting, or 
any special meeting duly called for that purpose, and their 
successors shall be elected at each annual meeting thereafter ; 
provided, however, that of those first elected, the term of one 
shall expire at the first annual meeting after the first board is 
elected, one at the second annual meeting held thereafterwards, 
and one at the third annual meeting thereafterwards ; and after 
the first election one shall be elected for three years at each 
annual meeting, to fill the occurring vacancy : provided 
further, that the term of service of the commissioners first 
elected shall be designated at the time of their election. Said 
commissioners shall be appointed by the selectmen of said 
town if the town shall fail to elect, or if the town at any annual 
meeting vote to authorize and instruct the selectmen to make 
the appointment. 

Sect. 5. The compensation of such commissioners shall ^^^l^^^"** 
be fixed by the town. They shall be sworn to the faithful 
discharge of their duties. They shall annually organize by 
choosing one of their number as chairman of their board and 
another member as clerk of their hoard who shall keep a 
proper record of their doings. Said board shall appoint a 
superintendent of the water-works plant and sewer S3'stem and 
a treasurer, who shall furnish a good and sufficient bond to 
the town to secure the faithful performance of his duties : and 



596 



Chapter 188. 



[1905 



Issue of 
bonds. 



Appropria- 
tions auth- 
orized. 



Contracts 
binding on 
town. 



Takes effect 
on passage. 



such Other officers and agents as they may deem necessary ; 
and they shall furnish the town clerk a certificate of their 
organization and appointments and the town clerk shall record 
the same in the records of the town. The commissioners shall 
fix the compensation of all officers and agents appointed by 
them and all officers and agents shall be sworn to the faithful 
discharge of their duties. Whenever a vacancy shall occur 
from an}^ cause, the remaining members of the board shall 
certify that fact to the selectmen of the town, who shall fill 
such vacancy temporarily by appointing a citizen of said town 
in writing, which appointment shall be filed with the town 
clerk and recorded by him on the records of the town ; and the 
person so appointed shall hold the office until the next annual 
town meeting after his appointment, when the town shall elect 
a commissioner to fill out the unexpired term, if an}-, of the 
person whose office became vacant and was so temporarily 
filled by appointment. Said commissioners shall annually 
make a report to the town, at the time other town officers 
report, of the condition of said water-works and sewer system 
financially and otherwise, showing the income from said water- 
works and sewer system, the funds belonging to their depart- 
ments, the expenses of maintenance, the costs of works and 
plant, the costs of extensions and operating expenses and 
such other facts and information as the town should have, 
which report shall be published each year in the annual report 
of said town. 

Sect. 6. The said town is authorized to levy taxes to 
defray the expense of said works and sewer system and to hire 
money not exceeding the whole sum of sixty thousand dollars, 
and to issue therefor the notes bonds or other obligations of 
the town payable at such times and on such interest, not 
exceeding five per centum per annum, as the town, through its 
officers or agents, may determine ; and such notes, bonds or 
other obligations shall be valid and binding on the town. 

Sect. 7. Said town is hereby authorized to raise by taxa- 
tion and pay in each year the interest of the notes, bonds or 
other obligations so issued, and such part of the principal as 
the said town may determine, or to create a sinking fund to 
meet the same as they become due. 

Sect. 8. All contracts and obligations made and assumed 
by said town within the scope of this act and for the purpose of 
carrying into effect the objects herein set forth, shall be valid 
and binding according to the terms thereof. 

Sect. 9. This act shall take effect on its passage. 

[Approved Februar}'^ 22, 1905.] 



1905] Chapter 189. 597 

CHAPTER 189. 

AN ACT TO INCORPORATE THE HAYES CEMETERY ASSOCIATION IN THE 
TOWN OF MILTON, NEW HAMPSHIRE. 



Section 

1. Corporation constituted. 

2. Purposes. 

3. Powers. 

4. May hold land. 



Section 

5. Lot- owners are members. 

6. First meeting'. 

7. Subject to repeal. 

8. Takes effect on passage. 



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

Section i. That Henry B. Hayes, John P. Hayes and J'°^Pt°i[^[^*'d° 
Robert M. Peacock of Milton, and Horace T. Babb of Dover, 
and Eugene P. Nute of Farmington, and their associates and 
successors and Haven R. Jewett, Joseph H. Avery and Charles 
A. Jones as selectmen of the town of Milton while in office, 
and their successors, are hereby made a body politic and cor- 
porate by the name of The Hayes Cemetery Association, and 
shall have and enjoy all the powers and privileges and be 
subject to all the liabilities incident to corporations of similar 
nature. 

Sect. 2. Said corporation is hereby established for the pur- purposes, 
pose of providing and maintaining suitable grounds and other 
conveniences for the burial of the dead, and shall have the 
control and care of the cemetery located on the farm of Eugene 
P. Nute in the town of Milton known as the Hayes cemetery 
in so far as is consistent with the rights of owners of lots 
therein. 

Sect. 3. Said corporation is empowered to receive bequests. Powers, 
legacies, and funds in trust for the benefit of said cemetery 
grounds or any lot therein, and to expend annually the income 
of the same, or so much thereof as may be necessary accord- 
ing to the terms of any such bequest, legacy or trust and of the 
laws of the State of New Hampshire, and they are hereby 
empowered to receive from any trustee any funds now held for 
the benefit of said cemetery or any lot therein, and to execute 
the terms of said trust. 

Sect. 4. Said corporation is hereby empowered to receive May hold 
and hold by purchase or otherwise such additional land as may ^^^^' 
be necessary to the proper maintenance and care of said Hayes 
cemetery. 

Sect. 1^. Any owner of a lot in the Hayes cemetery at the Lot-owners 
time of the passage of this act, or any person having relatives 
buried therein, or any person who shall become an owner of a 
lot after the passage of this act shall have the right to become 
a member of this association. The association may also by a 
majority vote elect such other persons to membership as they 
may deem expedient. 



598 



Chapter 190. 



[1905 



First meeting. Sect. 6. Any person named in this act may call the first 
meeting of this corporation by personal notice either in writing 
or printing, delivered or mailed to each corporator at least ten 
days before the time of such meeting, at which or any subse- 
quent meeting officers may be chosen and such rules or by-laws 
not repugnant to the laws of this state as may be thought 
proper, may be adopted. 

' Sect. 7. The legislature may alter, amend or repeal this 
act whenever in their opinion the public good requires it. 
Sect. 8. This act shall take effect on its passage. 



Subject to 
repeal. 

Takes effect 
on passage. 



[Approved February 23, 1905.] 



CHAPTER 190. 

AN ACT TO AMEND CHAPTER 251 OF THE SESSION LAWS OF 1903 RELA- 
TIVE TO THE WATER-WORKS IN THE TOWN OF WOLFEBOROUGH. 



Section 
1. Water-works under control of select- 
men. 



Water-works 
under control 
of selectmen. 



Takes effect 
on passage. 



Section 
2. Takes effect on passage. 



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

Section i. That section i of chapter 251 of the Laws of 1903 
is hereby amended by striking out after the word "control" 
in the sixth line of said section the words " of a board of three 
water commissioners " and inserting instead thereof the words 
of the board of selectmen of said town and by striking out the 
last clause of said section beginning with the semicolon in the 
nineteenth line of the same and inserting instead thereof the 
following : with such powers and duties as from time to time 
may be prescribed by the selectmen or by said town. So that, 
as amended, said section shall read : Said town is authorized 
and empowered to contract with individuals and corporations 
for supplying them with water, and to make such contracts and 
establish such regulations and tolls for the use of water, as 
may from time to time be deemed proper ; and the said town 
shall place said water-works under the direction and control of 
the board of selectmen of said town who may appoint and 
employ all necessary officers, agents, and servants with such 
powers and duties as from time to time may be prescribed by 
the selectmen or by said town. 

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

[Approved February 23, 1905.] 



1905] 



Chapter 191. 



599 



CHAPTER 191. 

AN ACT TO INCORPORATE THE CHARLESTOWN WATER AND SEWER COMPANY. 



Section 

1. Corporation constituted; purposes. 

2. Capital stools. 

3. Powers; right of eminent domain. 

4. May construct and purchase sewers. 

5. Assessment of damages. 



Section 

6. Contracts authorized. 

7. Injury to property, how punished. 

8. First meeting. 

9. Takes effect on passage; subject to 

repeal. 



Be it enacted bv the Senate and House of Representatives in 
General Court convened : 
Section i. Frank W. Hamlin, Fred H. Perry, William H. corporation 

^., ._, T.^_, TTTTTi TTVfl- !• constituted; 

Tinker, Henry E. Cowan and Wallace E. Mason, their asso- purposes, 
ciates, successors and assigns, be and they are hereb}'- made a 
body politic and corporate by name of the Charlestown Water 
and Sewer Company, for the purpose of furnishing to the peo- 
ple of Charlestown a supply of pure water for domestic and 
public purposes, for the extinguishment of fires, for manufac- 
turing and all other uses ; and also to furnish the village of 
Charlestown such sewers for the public use as may be from 
time to time required, and by that name ma}^ sue and be sued, 
prosecute and defend to final judgment and execution, and are 
hereby vested with all the powers and privileges and sub- 
ject to all the liabilities incident to corporations of a similar 
nature. 

Sect. 2. The capital stock of said corporation shall consist capital stock, 
of such number of shares of one hundred dollars each as may 
from time to time be determined by the corporation, not exceed- 
ing in the whole the sum of one hundred thousand dollars, to 

... 

be divided between preferred and common stock m such pro- 
portions as the corporation may determine, the preferred stock 
to be subject to retirement if so provided by the corporation. 
Said corporation mav acquire and hold all real estate and per- 
sonal property necessary and convenient for its purposes. It 
ma}^ also issue bonds for such sums of money as it may borrow 
not exceeding in the whole the sum of fifty thousand dollars, as 
its stockholders may from time to time determine, and secure 
the same by such mortgage or mortgages of its franchise and 
property as they may direct. 

Sect. 3. The said corporation for the purposes aforesaid powers; right 
may take and hold by purchase, or may take as for public domaln^'^'^ 
uses any real estate or easement therein, including the waters, 
or so much thereof as may be necessary, of any ponds, springs, 
streams or wells or of any filter galleries or w^ells that ma}' be 
constructed upon the shore of any pond, or near to any spring 
or stream, and an}' other rights in said Charlestown, and it 
may establish reasonable rates, rents and dues for the use of 
its privileges, and may collect the same from all individuals or 



600 



Chapter 191. 



[1905 



May con- 
struct and 
purchase 
sewers. 



Assessment of 
damages. 



corporations served thereby. Also in like manner it may take 
and hold by purchase, or may take as for public uses all real 
estate or rights of way and easements necessary for the loca- 
tion, construction, and maintenance of all dams, reservoirs, 
conduits, pipes, hydrants and all necessary appurtenances and 
appliances, for the holding and preserving such waters, and 
for the conveying and distributing the same in any part of 
Charlestown or in any village district in said town now or 
hereafter established. For the distribution thereof it may lay 
pipes through the land of persons and corporations, and along 
the streets and ways of said town, having first obtained the 
permission of the selectmen of said town, and under such regu- 
lations and restrictions as they may prescribe, and may lay its 
pipes under or over any railroad, water course, or private way, 
and may cross any sewer or drain pipe, in such manner, how^- 
ever, as will not unnecessarily obstruct the same. Said cor- 
poration may also acquire, by purchase or lease from any 
other corporation such power and water rights as it may deem 
requisite for its purposes. 

Sect. 4. Said corporation is also authorized and empow- 
ered to construct and maintain a suitable and convenient sewer 
system for the proper drainage and sewage disposal of the 
village of Charlestown and in said Charlestown and may 
acquire by purchase or otherwise, the sewer and sewer rights 
now owned and operated by any individual in said village. It 
may acquire by purchase or take as for public uses such real 
estate or easements therein in said village as may be neces- 
sary for its uses. It may lay its pipes through the land of per- 
sons and corporations, and along the streets and ways of said 
village, and over and across any railroad, water course or pri- 
vate way and cross any drain or sewer pipe, -provided the per- 
mission of the selectmen of said Charlestown is first obtained,, 
and no unnecessary damage or obstruction is caused thereby, 
and in like manner it ma}^ put in all manholes, traps, hydrants, 
and other apparatus, fixtures, buildings and structures neces- 
sary for the proper and convenient use of the sewer system it 
is hereby authorized to acquire, construct and maintain. 

Sect. 5. Said corporation shall pay all damages sustained 
by any person or corporation in property, by taking of any 
land or easement therein, water course or water right, or by 
the erection of any dam, building, or structure or any other 
thing done by it under the authority of this act. In case how- 
ever, said corporation shall not be able to agree with the own- 
ers thereof for the damages that may be done by said company 
or the owners shall be unknown, either party may apply to the 
superior court for the county of Sullivan at any trial term 
thereof to have the same laid out and the damages determined, 
and the said court shall refer the same to the county commis- 
sioners of said county, who shall appoint a time and place of 



1905] Chapter 191. 601 

hearing and give notice thereof in the same manner as is now 
provided by law for the laying out of highways; and the said 
commissioners shall make report to the court, and said court 
may issue execution therein accordingly ; but if either party 
shall desire it, upon the application to said court, before refer- 
ence to said commissioners they shall be entitled to a trial by 
jury, in such manner and under such regulations as the court 
may prescribe. 

Sect. 6. Said corporation ma}^ make any contract with the ^'^Jl*''^?'^^ 
town of Charlestown, or any village district in said town now 
or hereafter established, or with any persons or corporations, 
to furnish water, hydrants and other means and apparatus for 
the extinguishment of fires, for sewers or for such other pur- 
poses as may be deemed necessary and said town or village 
district is hereb}^ authorized to contract with said corporation 
for the use of said water, hydrants, sewers and other means 
and apparatus for said purposes, and may raise and appropri- 
ate money therefor; and the said corporation is hereby author- 
ized and empowered to sell or lease for a term of years to said 
town or any lire district or fire precinct now existing or here- 
after organized therein, all or any part of its franchise, works 
structures, or estate of whatever kind or nature, and said town 
and fire district or precincts are hereby authorized to purchase 
or lease the same and to borrow upon the credit of such town 
or districts such an amount as may be necessary to enable 
them to do so, upon such terms and times as may be deemed 
expedient. 

Sect. 7. Any person who shall wilfully and maliciously cor- injury to 
rupt the waters of any or [of] the sources of supply, or reser- pumshed'. °^ 
voirs of said company, or shall wilfully injure any power- 
house, dam or reservoir, conduit, pipe, hydrant, sewer or 
sewer-pipe, or other property held, owned or used by said 
company for the purposes of this act, shall on conviction of 
either of said acts, be punished by a fine not exceeding five 
hundred dollars or imprisonment not exceeding one year. 

Sect. 8. Any two of the corporators named in this act may First meeting, 
call the first meetjng of the corporation, by giving or mailing 
a notice in writing to each of said corporators of the time and 
place of meeting, seven days at least before said meeting, and 
at said meeting or any adjourned meeting thereof or at any 
subsequent meeting duly called associates may be admitted, 
directors and all proper officers chosen, the number of shares 
fixed, and such by-laws and regulations adopted as may be 
deemed necessary to carry into effect the purposes of this act. 

Sect. 9. This act shall take eff'ect upon its passage, and onSsfge* 
the legislature may alter, amend or repeal the same whenever rgp^®*!***^ 
the public good requires. 

[Approved February 23, 1905.] 

14 



602 



Chapter 192. 



[1905 



CHAPTER 192, 



AN ACT TO INCORPORATE DIVISION NO. i, ANCIENT ORDER OF HIBER- 
NIANS, OP MANCHESTER, N. H. 



Section 

1. Corporation constituted. 

2. Enactment of by-laws. 

3. Right to hold property. 



Section 

4. First meeting. 

5. Takes effect on passage. 



I^e it enacted by the Senate and House of Repi'esentatives in 
General Court convened: 



Corporation 
constituted. 



Section i. That John B. Rodgers, James F. Byrne, 
Edward J. O'Keefe, Patrick J. Donnelly and John B. Cav- 
anaugh, their associates and successors, be and hereby are 
made a body politic and corporate by the name of Division 
No. 7, Ancient Order of Hibernians, of Manchester, N. H., 
for charitable and benevolent purposes ; and by that name may 
sue and be sued, prosecute and defend to final judgment and 
execution, and shall be and hereby are made subject to all the 
liabilities of corporations of a similar nature. 

Sect. 2. Said corporation may enact by-laws providing 
for the payment of weekly benefits to those of its members who 
may become sick, and for the payment of funeral expenses ot 
those of its members who may die. 

Sect. 3. Said corporation shall have power to hold real 
and personal estate by gift, bequest or otherwise, to an amount 
not exceeding five thousand dollars, and may dispose of the 
same at pleasure. 
Firstmeeting. Sect. 4. The first three persons named in this act may 
call the first meeting of said corporation by giving notice to 
each of the others at least two days before the date of said 
meeting. 

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



By-laws. 



Property. 



Takes effect 
on passage. 



[Approved February 28, 1905.] 



1905] 



Chapters 193, 194. 



603 



CHAPTER 193. 

AN ACT IN AMENDMENT OF THE CHARTER OP THE NASHUA LIGHT, HEAT 
AND POWER COMPANY, BEING CHAPTER 1049 OF THE LAWS OF 1850, 
AMENDED BY CHAPTER 202 OF THE LAWS OF 1887, AND FURTHER 
AMENDED BY CHAPTER 137 OF THE LAWS OP 1891. 



Section 
1. Increase of capital stock. 



Section 
2. Takes effect on passage. 



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

Section i. The Nashua Light, Heat and Power Company increase of 

, , 1 ^ • ^ r -• i. I- -i. v 1 capital stock. 

IS hereby empowered to increase irom time to lime its capital 
stock, being now five hundred thousand dollars, to an amount 
not exceeding six hundred thousand dollars, a sufficient 
amount of said increase to be used in payment of the floating 
indebtedness of said compan}'. 

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

^ ^ " on passage. 

[Approved February 28, 1905.] 



CHAPTER I 



94. 



AN ACT TO INCORPORATE THE DERRY GAS LIGHT COMPANY. 



Section 

1. Corporation constituted. 

2. Property and capital stock. 

3. Laying of pipes. 



Section 

4. First meeting. 

5. Subject to repeal. 

6. Takes effect on passage. 



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

Section i. That Edmund R. Angell, Amos L. Proctor, corporation 
G. Clement Colburn, Edwin B. Weston, Patrick T. Clair, ««^«tituted. 
Harry W. Wilson, Guy D. Chadwick, Hector E. Bidwell and 
Samuel J. Cogswell, their associates, successors and assigns 
are constituted a body corporate and politic by the name of the 
Derry Gas Light Company and vested with all the powers and 
privileges and made subject to all the restrictions and liabilities 
by law, incident to corporations of a similar nature. 

Sect. 2. The said corporation is authorized to hold such property and 
real and personal estate as may be necessary and proper to capital stock. 
enable them to carry on the manufacture or sale and distribu- 
tion of gas for light, heat and power for the purpose of lighting 
the streets and to furnish gas to the factories and public and 
private buildings in the towns of Derry and Londonderry and 



604 



Chapter 195. 



[1905 



Laying of 
pipes. 



to erect such buildings and works and to construct such fur- 
naces, reservoirs, gas holders, gas pipes and other things as 
may be requisite and proper for such purpose ; provided the 
whole amount of the capital stock of said company shall not 
exceed one hundred thousand dollars. 

Sect. 3. The said company shall have the right to lay gas 
pipes in any of the public highways in said Derry and London- 
derry and to relay and repair the same subject to such regula- 
tions as may be prescribed by said towns of Derry and Lon- 
donderry for the security of the public travel and the health of 
said towns. 
Firstmeeting. Sect. 4. The three persons first named in this act or any 
two of them may call the first meeting of said corporation by 
notice published in any newspaper published in said Derry. 

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

Sect. 6. This act shall be in force immediately upon its 
passage. 

[Approved February 28, 1905.] 



Subject to 
repeal. 

Takes effect 
on passage. 



CHAPTER 195. 



AN ACT TO ESTABLISH A VILLAGE DISTRICT IN THE TOWN OF RYE. 



Section 

1. District constituted; limits. 

2. First meeting. 



Section 

3. Annual meeting. 

4. Takes effect on passage; repealing 

clause. 



District 

constituted; 

limits. 



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

Section i. So much of the territory of the town of Rye 
as is comprised within the following described lines — viz ; 
beginning on the town line between North Hampton and Rye 
at the Atlantic ocean ; thence running northwesterly by said 
town line to a stone post in the ground in the field in the rear of 
buildings of Alfred Jenness and on the southerly side of Wood- 
land road, so called, and thirty-three (33) feet therefrom ; thence 
turning and running N. 69° 30' E. three thousand eight hundred 
and sixty (3860) feet through land of Alfred Jenness, Geo. White, 
C. W. Jones and J. A. Brown to the northerly side of Love 
lane, so called, at a point nine hundred and ten (910) feet 
westerly from Central street, so called ; thence turning and 
running N. 74° 40' E. on the westerly side of Love lane nine 
hundred and ten (910) feet to the westerly side of Central 
street; thence on the same course across Central street and on 



1905] Chapter 196. 605 

the southerly side of the right of way of A. P. Brown (from 
Central street to pasture land easterly) thirteen hundred and 
thirty (1330) feet; thence turning and running S. 43° E. 
twenty-three hundred and fifty (2350) feet through land of 
J. H. Perkins and along the easterly side of land of Decatur 
Parsons to the Atlantic ocean — shall be constituted a village 
district in said town for any or either or all purposes enum- 
erated in section i of chapter 53 of the Public Statutes. 

Sect. 2. The selectmen of said town of Rye, within sixty First meeting, 
days from the passage of this act shall call a meeting of the 
legal voters residing in said district, in the manner provided 
for in section 2 of said chapter 53 of the Public Statutes. At 
such meeting the legal voters shall give to said district a name, 
choose the necessary officers therefor, to hold office until the 
first annual meeting thereof; and the district thereafter shall 
be a body politic and corporate, and shall be considered for all 
purposes whatsoever, the same as if lawfully organized and 
existing under chapter 53 of the Public Statutes. 

Sect. 3. The annual meeting of said district shall be Annual 
holden on the first Tuesday of September in each year and the ™®^ ^°^' 
fiscal year of said district shall begin on the first day of Sep- 
tember in each year. 

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

n 1 r • • , -111 on passage; 

all acts and parts 01 acts inconsistent herewith are hereby repealing 
repealed. "^'^'^^"• 

[Approved March i, 1905.] 



CHAPTER 196. 



AN ACT TO ESTABLISH A VILLAGE DISTRICT IN THE TOWN OF NORTH 

HAMPTON. 



Section 

1. District constituted; limits. 

2. First meeting. 



Section 

3. Annual meeting. 

4. Takes effect on passage; repealing 

clause. 



JBe it enacted by the Senate and House of Re-presentatives in 
Genei'al Court convened: 

Section i. So much of the territory of the town of North District 
Hampton as is comprised within the following described lines — ii^^t?.*^*^*^ ' 
viz, beginning on the town line between Hampton and North 
Hampton at the Atlantic ocean ; thence running northwesterly 
one thousand (1000) feet more or less to a stone post set in the 
ground on said town line on land of G. Garland thence turn- 
ing and running N. 41° E. three thousand six hundred and 
ninety (3690) feet to the easterly side of Atlantic avenue, so 



606 



Chapter 196. 



[1905 



First meeting. 



Annual 
meeting. 



Takes effect 
on passage; 
repealing 
clause. 



called, at the division line between land of Nathaniel Tarlton 
and Charles Brown ; thence turning and running N. 44° E. on 
said division line between Tarlton and Brown, eight hundred 
and forty-one (841) feet to land of O. A. Brown ; thence turn- 
ing and running N. 75° W. on the division line between O. A. 
Brown and Charles Brown fifty-eight (58) feet to land of E. D. 
Brown ; thence turning and running N. 44° — 15' E. on the 
division line between land of O. A. Brown and E. D. Brown, 
two hundred and ninety-six (296) feet to the new road, so 
called ; thence on the same course across said new road, and 
field of E. D. Brown, three hundred (300) feet to a spotted 
stake set in the ground on line of stone wall between field and 
pasture land of E. D. Brown; thence turning and running N. 
4° 20' W. five thousand eight hundred and seventy (5870) feet 
to a stone post set in the ground on the town line between 
North Hampton and Rye, said stone post being in the field in 
the rear of buildings of Alfred Jenness on the southerly side of 
Woodland road, so called, and thirty-three {ZZ) feet therefrom ; 
thence southeasterly by the town line between North Hampton 
and Rye to the Atlantic ocean — shall be constituted a village 
district in said town for any or either or all purposes enumer- 
ated in section i of chapter 53 of the Public Statutes. 

Sect. 2. The selectmen of said town of North Hampton 
within sixty days of the passage of this act shall call a meeting 
of the legal voters residing in said district, in the manner pro- 
vided for in section 2 of chapter 53 of the Public Statutes. At 
such meeting the legal voters shall give to said district a name, 
choose the necessary officers therefor, to hold office until the 
first annual meeting thereof; and the district thereafter shall 
be a body politic and corporate, and shall be considered for all 
purposes whatsoever, the same as if lawfully organized and 
existing under chapter 53 of the Public Statutes. 

Sect. 3. The annual meeting of said district shall be 
holden on the first Tuesday of September in each year and 
the fiscal year of said district shall begin on the first day of 
September in each year. 

Sect. 4. This act shall take effect upon its passage, and 
all acts and parts of acts inconsistent herewith are hereby 
repealed. 

[Approved March i, 1905.] 



1905] Chapters 197, 198. 607 

CHAPTER 197. 

AN ACT TO ALLOW THE CITY OF MANCHESTER TO EXEMPT CERTAIN 
PROPERTY FROM TAXATION. 

Section I Section 

1. Exemption authorized. I 2. Takes effect on passage. 

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

Section i. That the city of Manchester is hereby author- Exemption 

, , . -^ , . T T 1 -1 T 1 1 1 • authorized. 

ized to exempt trom taxation the land and building held in 
trust by the Manchester Institute of Arts and Sciences for the 
Manchester Art Association known as the Balch bequest. 
Said exemption to remain in force only so long as the property 
remains in control of said institute. 

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

^ => on passage. 

[Approved March i, 1905.] 



CHAPTER 198. 

AN ACT TO AMEND THE CHARTER OF THE GOFF's FALLS, LITCHFIELD & 
HUDSON STREET RAILWAY COMPANY. 

Section 1. Time for building extended; takes effect on passage. 

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

Section i. The time for the location, construction, and Time for 
completion of the Goff's Falls, Litchfield & Hudson Street eSdld. 
Railway is hereby extended to March 7, 1907. 

This act shall take effect on its passage. "^^^t^^F.^^* 

i » on passage. 

[Approved March i, 1905.] 



608 



Chapters 199, 200. 



[1905 



CHAPTER I 



99- 



AN ACT TO AMEND THE CHARTER OF THE MANCHESTER AND HAVERHILL 
STREET RAILWAY COMPANY. 



Time for 
building 
extended. 



Takes effect 
on passage. 



Section 
1. Time for building extended. 



Section 
2. Takes effect on passage. 



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

Section i. The time fixed in the charter of the Manches- 
ter and Haverhill Street Railway Company, approved March 
31, 1903, chapter 311, Laws of 1903, in which to build its road 
is hereby extended to March 15, 1907. 

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

[Approved March i, 1905.] 



CHAPTER 200. 



Corporation 
constituted ; 
purposes. 



AN ACT AUTHORIZING THE CONSTRUCTION AND MAINTENANCE OF A DAM 
OR DAMS ON OR ACROSS THE CONNECTICUT RIVER IN MONROE IN THE 
COUNTY OF GRAFTON. 



Section 

1. Corporation constituted; purposes. 

2. May acquire shares of other corpora- 

tions. 

3. May maintain lines of wire. 

4. Capital stock. 



Section 

5. Issue of bonds. 

6. May maintain dams. 

7. May lay electric cables. 

8. First meeting. 

9. Takes effect on passage. 



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

Section i. That A. S. Batchellor, of Littleton, Charles H. 
Hosford, of Monroe, Irving W. Drew, Ezra Mitchell, Chester 
B. Jordan, and Merrill Shurtleff" of Lancaster, George Van 
Dyke, of Boston in the Commonwealth of Massachusetts, and 
Philo B. Van Dyke, of Barnet, in the State of Vermont, their 
associates, successors, and assigns, are hereby made a body 
corporate by the name of the Monroe Water Power Company, 
for the purpose of establishing, generating and operating water 
and electric power to be used for the purpose of manufacturing, 
milling, mining, heating, lighting, and operating electric rail- 
ways, with full power to lease or sell any power generated by 
them for any of said purposes, or any other legal purpose 
within the limits of Grafton county in the State of New Hamp- 
shire, and the counties of Caledonia and Orange in the State 
of Vermont, with all the powers and privileges and subject to 



1905] Chapter 200. 609 

all the duties and liabilities which are legally incident to such 
corporations. 

Sect. 2. Said corporation shall have the right to buy, sell, ^^,re^^^f'''"® 
hold, vote, pledge and own shares of the capital stock of any other cor- 
other corporation having similar or partly similar franchises, 
within the counties named in this charter, and it shall also 
have the right to acquire by lease the property, rights, priv- 
ileges and immunities of any corporation or corporations doing 
business within said counties, upon such terms and conditions 
as shall be mutually agreed upon, and upon such purchase or 
lease and transfer and conveyance of the same to the company, 
it shall succeed to and enjdy all the rights, privileges and 
immunities enjoyed and belonging to the purchased or leased 
company. 

Sect. 7. The said company is hereby authorized to con- May maintain 

J • 4. • •*. T r • • J -4.1 ^-u lines of wires. 

struct and mamtam its lines oi wires in accordance with the 
laws of the State of New Hampshire. 

Sect. 4. The capital stock of said corporation shall not capital stock, 
exceed the sum of one million five hundred thousand dollars, 
divided into shares of one hundred dollars each. The amount 
thereof, within said authorized limits shall be fixed by the cor- 
porators upon the organization of the company, and the same 
shall from time to time be increased as determined by the 
stockholders until all the one million five hundred thousand 
dollars has been issued. Said capital stock may be paid in 
cash or in property taken at a fair valuation, but no shares 
shall be issued until fully paid for. The said company shall 
have the right to acquire, own, or hold by lease or purchase, 
any and all property, both real and personal, that may be 
necessary or useful for the purpose of its business, and shall 
also have the power to sell, mortgage or lease its franchises, 
rights, and properties to any other corporation. 

Sect. 5. The said company may issue its bonds for the ^on"ds°' 
accomplishment of any of the purposes for which it is incor- 
porated at such rates and times, and in such amounts as the 
stockholders may authorize ; provided such bonds shall not be 
issued in amounts exceeding the amount of the capital stock 
actually paid in ; and it may secure payment of such bonds, 
both principal and interest, by mortgage on its property and 
franchises. 

Sect. 6. Said corporation is hereby authorized and em- May maintain 
powered to construct and maintain a dam or dams, and all 
such works and structures as may be necessary and proper to 
carry into effect the objects aforesaid, on and across the Con- 
necticut river at any point or points, place or places, in the 
towns of Monroe in the county of Grafton, and Barnet, in the 
State of Vermont, and to make and maintain all such canals 
and slips as ma}^ be necessary and proper for the purposes 
aforesaid ; -provided, however^ that the structures authorized 



610 



Chapter 201, 



[1905 



May lay elec- 
tric cables. 



First meeting. 



Takes effect 
on passage. 



by this act shall in no case be of such a character as to infringe 
the public right of the highway for the floating of logs down 
the said river in as free and convenient a manner as is afforded 
by the river in its natural condition. 

Sect. 7. Said corporation may lay suitable cables upon 
the bed of the Connecticut river from bank to bank, to be used 
for the transmission of electric currents for all the purposes set 
forth in this charter, and may use any other method or appli- 
ance for the transmission of said currents across said river, 
but not in anv such manner as to obstruct the full and free use 
of said river as a public highway for the floating of logs. 

Sect. 8. Any person named in this act may call the first 
meeting of the corporation by giving personal notice to all the 
grantees at least ten days before such meeting, at which meet- 
ing or any other meeting duly holden, 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. 9. This act shall take effect upon its passage. 

[Approved March i, 1905.] 



CHAPTER 201. 

AN ACT IN AMENDMENT OF CHAPTER 225 OF THE LAWS OF 1901, 
ENTITLED "AN ACT TO DEFINE, ENLARGE, AND CONFIRM THE POWERS 
OF THE VILLAGE PRECINCT OP HANOVER." 



Section 

1. Commissioners may make by-laws, 

etc. 

2. Purchase or lease of land. 



Section 

3. Adoption of act by precinct. 

4. Takes effect on adoption; repealing 

clause. 



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

Commission- SECTION I. That scction ^ of chapter 2 21^ of the Laws of 

ers may make • .-, ^ ,, k . . ^ a \ i a ^i 

by-laws, etc. 1901 entitled "An act to define, enlarge, and confirm the 
powers of the village precinct of Hanover" be and hereby is 
amended by inserting after the words " Public Statutes" in the 
2ist line thereof the following words: The commissioners also 
shall have all the powers of city councils to make, amend, and 
repeal all salutary and needful by-laws, ordinances, and regu- 
lations, and to annex penalties not exceeding twenty dollars 
for the breach thereof, for any, or all of the purposes named, 
and as prescribed in section lo, subsections 2, 3, 4, 5, 6, 9, 10, 
II, 12, and 14 of chapter 50 of the Public Statutes. 



1905] Chapter 202. 611 

Sect. 2. That section 8 of the act aforesaid be and hereby Purchase or 
is amended by striking out the words, — " but the land pur- 
chased for the precinct buildings and storage of its property 
shall not exceed one half acre," in lines 7, 8, 9 thereof, and 
inserting in litu thereof the words, — but the land purchased or 
leased for the precinct shall not exceed such number of acres 
as shall be necessary and proper for the accomplishment of the 
purposes for which it is established. 

Sect. 3. The village precinct of Hanover, comprising Adoption of 
school district No. i of said town, established under laws here- 
tofore in force, may adopt the provisions of this act at its annual 
meeting, or at any special meeting called for that purpose, 
pursuant to the provisions of section 2 of chapter 225 of the 
Laws of 1901. If at any meeting this act shall fail of adop- 
tion, it may, at the expiration of six months from such meeting, 
be again submitted for adoption, and if adopted the said village 
precinct and its commissioners thereupon shall be invested 
with all the powers specified herein, and shall be governed 
hereby. 

Sect. 4. This act shall take effect upon its adoption bv Takes effect 

•1-11 • 11 11 1 r " on adoption; 

said Village precinct and thereupon all acts and parts 01 acts repealing 
inconsistent herewith shall be repealed so far as they or any of 
them shall be applicable to said precinct. 

[Approved March 8, 1905.] 



clause. 



CHAPTER 202. 



AN ACT TO LEGALIZE THE ANNUAL ELECTION OF THE TOWN OF ALTON, 
HELD MARCH 8, 1904. 

Section I Section 

1. Election legalized. I 2. Takes effect on passage. 

J5e it enacted by the Senate and House of Representatives in 
General Court convened: 

Section i. That the annual election of the town of Alton Election 
held Tuesday, March 8, 1904, be and the same is hereby ®^^ ^^® 
declared leg'al, and all acts done and all elections made at said 
meeting are hereby ratified and confirmed. 

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

[Approved March 8, 1905.] 



612 



Chapter 203. 



[1905 



CHAPTER 203. 



AN ACT TO INCORPORATE THE CERCLE MARQUETTE, CANADIEN-FRANCAISE- 
INDEPENDANT OP NASHUA, NEW HAMPSHIRE. 



Section 

1. Corporation constituted; purposes. 

2. First meeting. 



Section 
3. Takes effect on passage; subject to 
repeal. 



Corporation 
constituted; 
purposes. 



First meeting. 



Takes effect 
on passage; 
subject to 
repeal. 



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

Section i. That Julianna April, Eugenie Jauron, David 
Dion, E. N. Gendron and Marie Rose LeClair, their associates 
and successors, be and are made a body politic and corporate 
by the name of Cercle Marquette, Canadien-Francaise-Indepen- 
dant of Nashua, New Hampshire, for the purpose of uniting 
the French speaking people together for the promotion of 
mutual benevolence and charity amongst themselves, provide 
for and comfort its sick and distressed members by the pay- 
ment of sick benefits, bringing financial aid to a deceased 
member's family by the payment of a uniform benefit and a 
death benefit created by an assessment upon its surviving mem- 
bers ; provide for such other mutual benefit as from time to 
time they may deem necessary ; promote sociability and sin- 
cerity amongst its members and improve their condition mor- 
ally and mentally ; hold property, real, personal or mixed to 
the amount of fifty thousand dollars; sue and be sued, prose- 
cute and defend actions to final judgment and execution in 
their corporate name and put in operation such by-laws, ordi- 
nances and resolutions as may be in compliance with the laws 
of New Hampshire for the government of the afTairs of the 
association. 

Sect. 2. The first five members named, 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 
legislature may at any time, alter, amend or repeal the same, 
whenever in their opinion the public good requires it. 

[Approved March 8, 1905.] 



1905] 



Chapters 204, 205. 



613 



CHAPTER 204. 



AN ACT IN AMENDMENT TO " AN ACT IN AMENDMENT OF THE CHARTER OF 
THE CITY OF NASHUA" RELATING TO THE COLLECTION OF FINES AND 
COSTS IMPOSED BY THE POLICE COURT. 



Section 
]. Fines, etc., passable to clerk of court. 



Section 
2. Takes effect April 1, 1905; repealing 
clause. 



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

Section i. Amend chapter 1600 of the Laws of 18=5 S Fines, etc., 

• 11A • 1 /-I 1 r ^ • r payable to 

entitled "An act in amendment 01 the charter 01 the city 01 clerk of court. 
Nashua'" by striking out all of section 2 and inserting the fol- 
lowing: [Sect. 2.] All fees, fines and forfeitures imposed, 
ordered or decreed by the police court of said city or accruing 
or belonging to said city in any action or process heard in said 
police court, shall be paid to the clerk thereof in the same 
manner as they are now by law required to be paid to the 
marshal of said city ; and the 'said clerk shall pay over such 
moneys so received by him to such person or persons as 
said court may order, and at the end of each quarter pay the 
remainder to the treasurer of said city ; and the said clerk at 
the end of each year shall make a report of his receipts and 
disbursements for the year. 

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

in 1 r • • i*^-i April 1,1905; 

1905 and all acts and parts 01 acts inconsistent herewith are repealing 
hereby repealed. 

[Approved March 8, 1905.] 



clause. 



CHAPTER 205. 

AN ACT IN RELATION TO THE GRANTING OF EMPLOYMENT CERTIFICATES 
IN THE CITY OF MANCHESTER. 



Section 
1. By whom to be granted. 



Section 
2. Takes effect on passage. 



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

Section i. That the duties devolving upon the superin- By whom 
tendent of schools in relation to the employment of minors in ^''^°*®^' 
manufacturing establishments, or in any mechanical, mercan- 
tile, or other employment, as set forth in section 11 of chapter 



614 



Chapters 206, 207. 



[1905 



Takes effect 
on passage. 



6i, session Laws of 1901, may in the city of Manchester be 
performed and exercised by some person appointed by the 
superintendent of schools of said city of Manchester, with the 
concurrence of the school board of said city. 

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

[Approved March 8, 1905.] 



CHAPTER 206. 

AN ACT IN RELATION TO THE ENUMERATION OF CHILDREN BETWEEN THE 
AGES OF FIVE AND SIXTEEN YEARS IN THE CITY OF MANCHESTER. 



When and 
how made. 



Takes effect 
on passage. 



Section 
1. Enumeration, when and how made. 



Section 
2. Takes effect on passage. 



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

Section i. Agents appointed by the school board of the 
city of Manchester shall make an enumeration of the children 
of each sex between the ages of five and sixteen years, in the 
month of September of every third year, beginning with 1905, 
giving such items in regard to each child as may be required 
by the school board or the state superintendent of public 
instruction, and shall make a report to the school board not 
later than the month of December following. 

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

[Approved March 8, 1905.] 



Charter 

revived. 



CHAPTER 207. 

AN ACT TO REVIVE THE CHARTER OF THE COOS AND ESSEX WATER 
COMPANY, APPROVED MARCH 9, 1899. 



Section 

1. Charter revived. 

2. May construct sewers. 

3. Right of eminent domain. 

4. Assessment of damages. 



Section 

5. Contracts authorized. 

6. Time for construction extended. 

7. Takes effect on passage; exemption 

clause. 



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

Section i. An act entitled "An act to incorporate the Coos 
and Essex Water Company," approved March 9, 1899, is 
hereby revived and continued in force as fully and completely 



1905] Chapter 207. 615 

to all intents and purposes, as if the same were incorporated at 
the present time. 

Sect. 2. Section i of chapter 198 of the Laws of 1899 is Mayconstruct 
hereby amended by inserting ai'ter the word " uses" and before 
the word " with" in the eighth line of said section, the follow- 
ing : and for the further purpose of constructing and maintain- 
ng a system of sewers for the use of the people of said town, 
so that said section when amended shall read as follows : Sec- 
tion I. That John C. Hutchins, Frank L. Rowell, Bernard 
W. Fisher, Henry Kugleman, Alvin N. Taylor, Jeremiah 
Willard, their associates and successors, are hereby made a 
corporation by the name of the Coos and Essex Water Com- 
pany, for the purpose of furnishing to the people of the town 
of Stratford a supply of pure water for domestic, mechanical, 
and manufacturing purposes, and to said town of Stratford 
water for the extinguishment of fires and other public uses, 
and for the further purpose of constructing and maintaining a 
system of sewers for the use of the people of said town, with 
all the rights, privileges, immunities, duties and obligations 
incident to similar corporations. 

Sect. 3. Section 3 of said chapter 198 is hereby amended ^fi^t*domTin 
by adding to the end of said section the following : and for the 
further purpose of constructing and maintaining said system of 
sewers, so that said section when amended shall read as fol- 
lows : Sect. 3. Said corporation may take and hold by pur- 
chase, or may take as for public uses, any real estate or ease- 
ment therein, including the water of any ponds, streams, 
springs, or artesian wells, in the town of Stratford necessary 
for obtaining a sufficient supply of water, for the construction 
of reservoirs and laying pipes, and may erect and maintain all 
necessary dams, reservoirs, standpipes, and hydrants ; it may 
lay its pipes through the lands of persons and corporations, 
having first obtained the permission of the municipal officers 
of said town, and, under such restrictions and regulations as 
they may prescribe, along the streets and ways of said town, 
and may lay its pipes under any railroad, water course, or pri- 
vate way, and cross any drain or sewer or pipe ; provided, 
that in the matter of crossing pipes, it shall, at its own expense 
and within a reasonable time, replace, repair, and cover all 
such pipes and mains as may be displaced, injured, or dis- 
turbed during the construction or repair of its water-works ; 
and it may enter upon and dig up any real estate, railroad, 
street, or way, for the purpose of laying pipes, or erecting 
hydrants or other fixtures, and maintaining and repairing the 
same : and it may do any other act or thing necessary, con- 
venient, and proper to carry out the purpose of providing a 
supply of w^ater and distributing the same to the inhabitants of 
said town for the uses aforesaid ; and for the further purpose 
of constructincr and maintainincr said system of sewers. 



616 



Chapter 207. 



[1905 



Assessment of 
damages. 



Contracts 
authorized. 



Time for 

construction 

extended. 



Sect. 4. Section 4 of said chapter 198 is hereby amended 
by striking out the word " water" in the first line of said sec- 
tion, so that said section when amended shall read as follows : 
Sect. 4. Said corporation shall pay all damages sustained by 
any person or corporation, in property by the taking of any 
land, right of way, water, water source, water right, or ease- 
ment, or by the erecting of any dam, or by anything done by 
said company under the authority of this act. In case, how- 
ever, said company shall not be able to agree with the owners 
thereof for the damages that may be done by said company, 
or the owners shall be unknown, either party may apply to the 
supreme court, at a trial term in the county of Coos, to have 
the same laid out and damages determined ; and said court 
shall refer the same to the county commissioners for said 
county, who shall appoint a time and place of hearing, and 
give notice thereof in the same manner as now provided by 
law for la3'ing out highways. Said commissioners shall make 
report to said court, and said court may issue execution therein 
accordingly ; but if either party shall desire it, upon applica- 
tion to said court before reference to said commissioners, they 
shall be entitled to a trial by jury in such manner and under 
such regulations as said court may prescribe. 

Sect. 5. Section 5 of said chapter 198 is hereby amended 
by inserting after the word "furnish" and before the word 
" water" in the third line of said section the words sewers for 
drainage, and catch basins, and also to furnish ; and by insert- 
ing after the word *' hydrants " and before the word " or " in 
the eighth line of said section the word sewers, so that said 
section when amended shall read as follows : Sect. 5. Said 
corporation may make any contract with said town of Stratford, 
or with an}^ fire precinct in said town, or with any persons or 
corporations, to furnish sewers for drainage, and catch basins, 
and also to furnish water, hydrants, and other means and 
apparatus for extinguishing fires, and for such other purposes 
as may be deemed necessary ; and said town, or any fire pre- 
cinct therein now existing or hereafter organized, is hereby 
authorized to contract with said corporation for the use of said 
water, hydrants, sewers, or other apparatus for said purpose, 
and it may raise and appropriate money therefor ; and said 
corporation is hereby authorized and empowered to sell or 
lease for a term of years to said town, or any fire precinct now 
existing or hereafter organized therein, all of its work, struc- 
tures, and estate, of whatever kind or nature, and said town or 
fire precinct is hereby authorized to purchase or lease the 
same. 

Sect. 6. Section 9 of said chapter 198 is hereby amended 
by striking out the figures " 1902 " in the fourth line of said 
section and inserting in place thereof the figures 1908 so that 
said section when amended shall read as follows : Sect. 9. 



1905] 



Chapters 208, 209. 



61T 



And if said corporation shall not have expended at least 
twenty-five per cent, of the capital stock authorized by this act 
in the actual construction of water-works in accordance with 
the provisions of this act by December i, 1908, this act shall 
therefore be void and of no effect. 

Sect. 7. This act shall take effect and be in force from Takes effect 

1 ,-, •, 1 ii • • r i* _ 1 i on passage; 

and after its passage, and the provisions of section 5, chapter exemption 
14 of the Public Statutes shall not apply thereto. 

[Approved March 8, 1905.] 



clause. 



CHAPTER 208. 



AN ACT IN AMENDMENT OP THE CHARTER OF THE CAPITAL FIRE INSUR- 
ANCE C03IPANY. 



Section 
1. Powers enlarged. 



Section 
2. Takes effect on passage. 



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

Section i. The Capital Fire Insurance Company is hereby Powers 
authorized to effect insurance against loss by cyclones, torna- ®° ^''^^ 
does or wind storms, and also to issue policies of marine insur- 
ance with all the power and privileges and all the liabilities of 
corporations doing business of a similar nature. 



Sect. 2. This act shall take effect upon its passage. 
[Approved March 8, 1905.] 



Takes effect 
on passage. 



CHAPTER 209. 



AN ACT TO INCORPORATE THE NUTFIELD SAVINGS BANK OF DERRY. 



Section 

1. Corporation constituted. 

2. Powers and duties. 

3. May hold real estate. 

4. Election of trustees, etc. 



Section 

5. Duties of trustees. 

6. What officers to receive salaries. 

7. Meetings of corporation. 

8. Takes effect on passage. 



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

Section i. That R. W. Pillsbury, Edwin N. Whitney, corporation 
Charles W. Abbott, Charles N. Greenough, William B. Copp, ^o^^"*"*^^- 
Ralph Thyng, their associates and successors, and such other 
duly elected members as in tliis act provided, be and they 
hereby are constituted a body politic and corporate by the 
name of the Nutfield Savings Bank of Derry, to be located at 

15 



618 



Chapter 209. 



[1905 



Powers and 
duties. 



May hold 
real estate. 



Election of 
trustees, etc. 



Derry, in our count}^ of Rockingham, for the purpose of estab- 
lishing and maintaining a mutual savings bank, and by the 
name and style aforesaid may sue and be sued, prosecute and 
defend to final judgment and execution, and shall be vested 
with all the powers, rights, privileges, and subject to all the 
duties and liabilities which by the laws of this state are or may 
be incident to corporations of a like nature. 

Sect. 2. Said corporation may receive from any person or 
persons, corporations or associations disposed to enjoy the 
advantages of said savings bank any deposit or deposits of 
money, not exceeding five thousand dollars from any one per- 
son, corporation or association, except when made for the pur- 
pose of creating a sinking fund subject to the by-laws of said 
savings bank, and may use, manage and improve the same for 
the depositors in such manner as shall be convenient or neces- 
sary for the security and profitable investment thereof under 
the restrictions of the laws regulating the investment and man- 
agement of such funds ; and all deposits may be withdrawn, 
and the net income of the deposits divided, at such reasonable 
times and in such manner and proportions, and subject to such 
equitable rules and regulations, as said corporation shall pre- 
scribe, not repugnant to the laws of this state. 

Sect. 3. Said corporation may purchase, hold, and acquire, 
by foreclosure of mortgage or otherwise, such real estate as 
savings banks are permitted to hold under the general laws of 
this state. 

Sect. 4. Said corporation, at its first meeting under this 
act, and at any annual meeting thereafter, shall have power to 
elect, by ballot and major vote of those present, other persons 
as members of this corporation, not exceeding fifty, including 
those who are at the time of such election members thereof. 
At the first meeting of said corporation, and at each subse- 
quent annual meeting, there shall be chosen in the same man- 
ner from among the members, a clerk and a board of trustees, 
not exceeding fifteen in number, who shall hold their office 
until others are elected and qualified in their stead. The man- 
agement of the business of said savings bank shall be com- 
mitted to said trustees, under the restrictions of the by-laws of 
said corporation, and the laws of this state. Any vacancy in 
the board of trustees may be filled at a special meeting of said 
corporation called for that purpose. Said corporation at its 
first meeting shall enact such by-laws for the government and 
management of its business as shall not be incompatible with 
the laws of the state, and may from time to time at the annual 
meetings, or at a special meeting called for that purpose, alter 
and amend the same; but no by-law or regulation shall take 
effect or be in force until the same shall have been approved 
by the bank commissioners. Said corporation shall at its first 
meeting adopt a common seal which may be changed and 



1905] 



Chapter 210. 



619 



Duties of 
trustees. 



renewed at pleasure, and all deeds, conveyances, grants, cov- 
enants, and agreements made by the president of the bank, or 
any other person, acting under the authority of the board of 
trustees, shall be good and valid in law. 

Sect. 5. Said trustees shall qualify in the manner pre- 
scribed by law. They shall annually choose one of their num- 
ber as president of said bank. They shall annually choose a 
treasurer and such other clerks, agents, servants as may be 
necessary for the proper management of the business of said 
bank, and may remove the same at pleasure. A majority of 
the, trustees shall constitute a quorum. 

Sect. 6. No member of the corporation shall receive any salaried 
compensation for his services in said bank, nor derive any 
emolument therefrom ; provided however that a reasonable 
compensation shall be paid to the officers of said bank, and 
others necessarily employed in transacting its business. No 
special deposits shall be received or special rates of interest 
allowed to any depositor. 

Sect. 7. The first meeting of this corporation shall be Meetings, 
called by any two of said incorporators within two years from 
the passage of this act by publishing a notice within one week 
of said meeting in the Derry Nezvs a newspaper published in 
said Derry ; and all subsequent meetings of said corporation 
shall be notified by a like publication, signed by the president 
of said bank. Special meetings of the corporation may be 
called at any time by the president of said bank or by any two 
of the trustees, but no business shall be transacted at a special 
meeting unless the subject thereof shall have been stated in the 
published notice. 

Sect. 8. This act shall take effect upon its passage. 



Takes effect 
on passage. 



[Approved March 8, 1905.] 



CHAPTER 210. 



AN ACT TO INCORPORATE THE COOS COUNTY TELEPHONE COMPANY, 



Section 

1. Corporation constituted. 

2. Capital stock. 

3. Meetings of the corporation. 

4. Powers. 



Section 

5. Issue of bonds. 

6. First meeting, how called. 

7. Takes effect on passage. 



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

Section i. That John C. Hutchins, Walter Drew, John corporation 
T. Amey, Frank G. McKellips, Thomas H. Van Dyke, Garvin °o°««^^ted. 
R. Magoon, their associates, successors and assigns, be and 



620 



Chapter 210. 



[1905 



Meetings. 



Powers. 



hereby are made a body politic and corporate, under the name 
of the Coos County Telephone Company, and by that name 
may sue and be sued, prosecute and defend to final judgment 
and execution, and shall be and hereby are vested with all the 
rights, powers and privileges and made subject to all the duties 
and liabilities of corporations of like nature under the laws of 
the state, unless otherwise herein expressed. 
Capital stock. Sect. 2. The capital stock of the corporation shall consist 
of such number of shares, not exceeding one hundred dollars 
each, as may from time to time be determined by the directors 
of said corporation, not exceeding in the whole the sum of 
twenty-five thousand dollars. 

Sect. 3. The annual and all special meetings of the cor- 
poration and of the directors shall be held at such times and 
places as may be provided by the by-laws of the corporation. 

Sect. 4. Said corporation is empowered to purchase and 
hold in fee simple or otherwise real and personal estate neces- 
sary and reasonable for carrying into effect the purposes of 
said telephone company and of this act: and may by contract 
purchase and hold, lease or consolidate or connect with any 
existing telephone lines or companies in the New England 
states and the Dominion of Canada : and shall have all the 
powers and privileges as to the erection and maintenance of 
its poles, lines and other structures, now enjoyed by other 
telephone companies under the general law, and shall be sub- 
ject to like duties and liabilities with respect thereto. 

Sect. 5. Said corporation may borrow money and issue 
its bonds for any of the purposes for which it is incorporated, 
securing such bonds or loans by mortgage of its property and 
franchises. 

Sect. 6. The first three corporators named herein may 
call the first meeting of the corporation by giving notice in 
writing to each of the corporators, or by leaving the same at 
his usual place of abode, at least seven days before the meet- 
ing and at said meeting or any adjournment thereof, associates 
may be admitted, all proper officers chosen, the capital stock 
fixed and such by-laws and regulations adopted as may be 
deemed necessary to carry into eff'ect the business of the 
corporation. 

Sect. 7. This act shall take effect upon its passage. 



Issue of 
bonds. 



First meeting. 



Takes effect 
on passage. 



[Approved March 8, 1905.] 



1905] 



Chapters 211, 212. 



621 



CHAPTER 211. 

AN ACT IN REGARD TO THE TERM OF SERVICE OF AVATER COMMISSIONERS 
FOR THE TOWN OF CLAREMONT. 



Section 
1. Terms of office flxed. 



Section 
2. Takes effect on passage. 



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

Section i. The water commissioners next chosen bv said '^£,''™«*^^^ 

•J office fixed. 

town of Claremont after the passage ot tnis act shall serve in 
the order of their election respectively, for the terms one, two 
and three years, and thereafter at each annual town meeting 
one commissioner shall be chosen for the term of three years. 

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

[Approved March 9, 1905.] 



CHAPTER 212. 



AN ACT TO AMEND THE CHARTER OP THE CITY OF PORTSMOUTH. 



Section 


Sect 


1. 


Corporate existence continued. 


21. 


2. 


Rights and obligations saved. 


22. 


3. 


Division into wards continued. 


23. 


4. 


City council, how constituted. 


24. 


5. 


Powers of city council. 




6. 


Mayor, how chosen. 


25. 


7. 


Duties of mayor. 


26. 


8. 


Veto power of mayor. 


27. 


9. 


Councilmen, how chosen. 




10. 


Councilmen not to hold other offices, 
etc. 


28. 


11. 


Dealings of councilmen with city. 


29. 


12. 


Officers elected by city council. 




13. 


Annual election of mayor and coun- 


30. 




cil. 


31. 


14. 


Canvass of votes by city council. 


32. 


15. 


Board of instruction. 


33. 


16. 


Municipal year. 


34. 


17. 


Police commissioners. 


35. 


18. 


Police court. 


36. 


19. 


Overseer of the poor. 


37. 


20. 


Street commissioner. 





Water commissioners. 

Board of health. 

Sinking fund commissioners. 

Sinking fund commissioners, how 
chosen. 

City auditor. 

Bills not to be paid until audited. 

False certification by auditor, how 
punished. 

Unauthorized payment by city treas- 
urer, how punished. 

Excessive expenditure of funds, how 
punished. 

SalaMes of city officers. 

Tenure of office. 

Books of account and record. 

City clerk. 

Duties of chairmen of commissions. 

Existing ordinances continued. 

First election; act takes effect when. 

Check-list for city election to be 
posted. 

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

Section i. The inhabitants of the City of Portsmouth shall corporate 
continue to be a body politic and corporate under the name of continued, 
the " City of Portsmouth," and as such shall exercise and 
enjoy all the rights, immunities, powers and privileges, and 



622 



Chapter 212. 



[1905 



Rights and 
obligations 
saved. 



Wards. 
City council. 



Powers of 
city council. 



Mayor, how 
chosen. 



Duties of 
mayor. 



Veto power 
of mayor. 



shall be subject to all the duties and obligations now incum- 
bent on or pertaining to said city as a municipal corporation. 

Sect. 2. All existing property now of said City of Ports- 
mouth shall be vested in said city under the provisions of this 
amended charter, and all debts and obligations of said city 
shall be considered and shall continue for all purposes the 
debts and obligations of said City of Portsmouth under this 
amended charter. 

Sect. 3. Said City of Portsmouth shall continue to be 
divided in five wards as at present constituted. 

Sect. 4. The administration of all fiscal, prudential and 
municipal affairs of said city, and the government thereof, 
shall, except as herein otherwise provided, be vested in one 
principal officer to be called the mayor, and one board consist- 
ing of nine members to be called the councilmen. The mayor 
and councilmen shall sit and act together and compose one 
body, and in their joint capacity shall be called the cit}'- 
council. 

Sect. 5. The city council created by this act shall, except 
as herein otherwise provided, have all the powers, and do and 
perform, in reference to each other or otherwise, all the duties 
which mayors, board of aldermen and common councils of 
cities are by law authorized or required to do and perform, 
either separately or otherwise ; and all provisions of statutes 
pertaining to the duties or powers of aldermen or common 
councils, separately or otherwise, shall be construed to apply 
to said city council, unless a contrary intention appears in this 
act. 

Sect. 6. The mayor shall be chosen annually, by the 
qualified voters of the city at large, voting in their respective 
wards, and shall hold office for the municipal year next fol- 
lowing his election and until his successor is chosen and 
qualified. 

Sect. 7. The mayor shall preside in the city council, but 
shall not vote, except in case of equal division. He shall 
nominate all committees customarily appointed in the admin- 
istration of city affairs by the mayor and city councils, subject 
to the approval of the council. 

Sect. 8. The mayor shall have a negative upon all legis- 
lative and executive action in the administration of the fiscal, 
prudential and municipal affairs of the city, but not in any 
case where the council acts in a judicial or quasi-judicial 
capacity, nor where its acts concern its own membership or 
relate to the time, manner or order of its sessions or procedure, 
or to its election or appointment of any person or persons to 
any office established by statute or the city ordinances which is 
to be filled by the council. The veto of the mayor shall be 
exercised within seven days after the act done or vote passed, 
and not thereafter, and no vote can be passed over his veto 



1905] Chapter 212. 623 

except by a vote of two thirds at least of all the councilmen 
elected. 

Sect. q. The councilmen shall be elected annually bv counciimen, 

/• J J liow CtlOSGD 

plurality vote, one from each ward, and tour at large, and 
shall iiold office for the municipal year following their election, 
and until their successors are chosen and qualilied. The four 
at large shall be voted for by the voters, voting in the same 
manner as the mayor is voted for. 

Sect. io. No councilmen, while in office, shall be elected councilmen 
or appointed by the mayor or city council to any office of profit. Stheroiflees, 
Nor shall any councilman while in office, receive any pay or ^^^' 
compensation of any sort, either as councilman or for any 
other personal service rendered for the benefit of the city, or 
be employed by the city, or any department, or branch thereof, 
for any compensation, excepting that this provision shall not 
apply to members of the lire department. 

Sect. ii. No councilman, or other official of the city, shall Dealings of 

,, . ,- , . , I ,..•'.., . councilman 

sell to or buy trom the city any goods or commodities while m with city, 
office other than by open competitive public bid. t^..*- ..--■-> -«j< 

Sect. 12. The city council shall annually on the first Election of "^ 
week day of January choose by viva voce vote on roll call by ^'ty officers, 
majority vote a city clerk, and shall annually on the second 
Thursday of January choose by viva voce vote on roll call by 
majority vote a street commissioner, a chief engineer of the 
fire department and assistant engineers, a city messenger, 
a city treasurer, a collector of taxes, a city auditor, a city 
solicitor, and such other officers not otherwise provided for 
who are by law or ordinance required to be chosen. When 
any vacancy shall occur in any of said offices, it shall be filled 
by the city council in like manner 

Sect. !•?. The annual meeting; of the legal voters of said Annual eiec- 

, . ^ ^ tion of mayor 

city for the choice of city and ward officers shall be holden on and council, 
the second Tuesday of December. Said election shall be held 
and conducted in the same manner as now prescribed by law 
for the annual election in said city. 

Sect. 14. The city council shall annually meet on the canrassof 

\ ^ J J ^ votes Dv 

Thursday next following the second Tuesday of December for council": 
the purpose of receiving and examining the returns of votes 
for mayor and for councilmen at large, and to take such action 
thereon as may be required by sections 2, 3 and 4 of chapter 47 
of the Public Statutes, and said sections of said chapter shall 
apply to the election of councilmen at large. 

Sect. 15. There shall be in said city a board of instruc- Board of 
tion consisting of the mayor ex-officio and twelve other mem- i^^t^^^^t^o^- 
bers, which board shall have the powers and perform the duties 
now by law vested in and imposed on the board of instruction 
of said city and the high school committee thereof. Four 
members of said board shall be elected at large each year on 
the second Tuesday of December by those voters of said city 



624 



Chapter 212. 



[1905 



Municipal 
year. 



Police com- 
missioners. 



Police court. 



voting in their respective wards wlio are qualified under sec- 
tion 9 of cliapter 90 of the Public Statutes. They shall be 
voted for on printed ballots, and the names shall not appear on 
the ballots containing the names of other municipal officers. 
The city clerk of said city shall prepare the said ballots con- 
taining the names of the candidates for the board of instruction 
in the same manner as the ballots are now prepared for other 
municipal officers. Candidates for the board of instruction 
may be placed in nomination by a regular caucus of any 
political party, or on nomination papers signed by thirty or 
more persons qualified to vote for members of the board of 
instruction. Said members shall hold office for three years 
from the first day of January following, and until their suc- 
cessors are chosen and qualified. The board of registrars of 
voters of said city shall prepare an additional check-list con- 
taining the names of such persons in said city who so desire 
who are entitled to vote at said election, whose names are not 
entitled to go on the check-list used at the annual election on 
the second Tuesday of December. This check-list shall be 
prepared at the same time and in the same manner as that 
used at the regular municipal election on the second Tuesday 
of December, and shall be certified to in a similar manner. 
It shall be posted in two public places in said city at least one 
week prior to said Tuesday of December. Any person may 
be elected a member of the board of instruction who is entitled 
to vote at the election thereof. No member of the city council, 
however, shall at the same time be a member of said board. 
The members of the present board of instruction shall hold 
office as members of the board hereby created until the first 
day of January of the years in which their respective terms 
of office expire, and until their successors are chosen and 
qualified. 

Sect. 16. The mayor and council shall meet for the pur- 
pose of taking the oaths of their respective offices at ten o'clock 
in the forenoon on the first week day of January. Said first 
week day of January shall be the beginning of the municipal 
year. 

Sect. 17. The board of police commissioners, the board of 
registrars of voters, the board of assessors and the board of 
instruction as at present constituted shall continue in office 
under this amended charter, and all laws relating thereto shall 
continue in force. 

Sect. 18. The police court, as at present constituted, shall 
continue in office under this amended charter, except that the 
justice of said court shall pay to the special justice of said court 
the sum of two dollars per day for each day the special justice 
sits, and the city shall not be chargeable for the pay of the 
special justice. 



1905] Chapter 212. 625 

Sect. iq. The city council shall annually on the second overseer of 

y -1 . - 11 11 u the poor. 

Ihursday of January choose by a viva voce vote on roll call by 
majority vote an overseer of the poor who shall not be engaged 
durino- his term of office in any mercantile business or be 
an employe of any person, nrm, or corporation so engaged. 
Said overseer shall have the powers and duties of the present 
board of overseers of the poor, and shall keep a detailed 
account of his receipts and expenditures authorized by him as 
such overseer and in detail of the persons and purposes for 
which such expenditures were made. If during his term of 
office the overseer of the poor becomes disqualified the city 
council shall elect his successor. 

Sect. 20. The street commissioner shall be elected by the street com- 
citv council. The street commissioner shall have all the pow- 
ers now conferred by law on similar officers, and he may be 
suspended by the mayor, and removed by the cit}^ council after 
hearing. In case of suspension by the mayor the latter shall 
present charges to the city council on which such suspension 
was based within two weeks of such suspension, and during 
the term of suspension the mayor shall act as street commis- 
sioner. The election of street commissioner shall take place 
on the second Thursday of January in each year beginning in 
1906 by viva voce vote on roll call. 

Sect. 21. The board of water commissioners shall continue water com- 
in office under this amended charter, and all laws relating ™i*^i°^^^^- 
thereto shall continue in force, except that the mayor of the 
city without extra compensation shall be ex-officio a member 
and chairman of said board. 

Sect. 22. There shall be in said city a board of health, ^m^^^ 
consistino- of three members, the chairman of which shall be a 
physician in active practice, and shall be the city ph3'sician. 
The city council on the second Thursday of January, 1906, 
shall by a viva voce vote on roll call by majority vote elect 
three persons as members of said board, one of whom shall 
serve tor three years, one for two years, and one for one year 
and until their respective successors are chosen and qualified ; 
the city council shall thereafter on the second Thursday of 
January choose by viva voce vote on roll call one member of 
the board of health, who shall serve for three years and until 
his successor is chosen and qualified. The salary of the chair- 
man of the board of health shall be three hundred dollars, and 
this salary shall include his services in full as chairman of the 
board of health, and his services in full as city physician. 
The annual salary of the other two members of the board 
shall be fifty dollars each, and neither the city physician, nor 
the members of the board of health shall receive from the city 
or any department thereof any other compensation for services 
rendered to the city, or any department of the city, or in any 
form or for any purpose whatever. Said city physician and 



626 



Chapter 212. 



[1905 



Sinking 
fund com- 
missioners. 



How chosen. 



City auditor. 



All bills to be 
audited. 



False audit, 
penalty. 



Unauthorized 

payment, 

penalty. 



said board of health shall have no power to incur any expense 
account whatever in behalf of the city without first submitting 
estimates of the same to the city council, and being authorized 
by the city council to undertake the expenditures. 

Sect. 23. There shall be in said city a board of sinking- 
fund commissioners, consisting of the three persons now hold- 
ing said office, who shall hold office for the term for which 
they were respectively chosen, and until their successors are 
chosen and qualified. 

Sect. 24. The city council shall annually in the month of 
June choose by ballot one member of said commission, who 
shall hold office for the term of three years and until his suc- 
cessor is chosen and qualified. Their duties, powers and 
authorit}^ and the restrictions upon them shall be the same as 
now provided by the laws of the state and the ordinances of 
the city. 

Sect. 25. The city auditor shall keep a record of the 
general financial condition of the city, of the amounts appro- 
priated for each branch, board or department thereof, and of 
the receipts and expenditures of each branch, board or depart- 
ment. He shall twice in each year, and oftener if necessary, 
audit the accounts of all city officials, commissions and boards 
who receive, handle, or expend any moneys of the city, and 
shall report thereon to the city council twice in each year, and 
oftener if required. The city auditor shall give his entire time 
to the duties of the office. 

Sect. 26. No bill against the city shall be ordered paid by 
the city council, or paid by the city treasurer, until the auditor 
shall have approved the same and certified to said city council 
whether or not said bill was lawfully contracted ; whether or 
not if it is for goods or materials, the prices charged are reason- 
able, also whether or not the goods were actually received by 
the city, and whether such bill is in favor of a person or party 
legally entitled to receive the same under the provisions of this 
act. He shall perform such other duties as are now or may 
hereafter be required by ordinance or by the cit}^ council. 

Sect. 27. If the auditor shall knowingly make any false 
certification in any case provided for in section 33, or shall 
approve any bill when the appropriation from which the same 
should be paid is exhausted, he shall be fined not exceeding 
two hundred dollars or imprisoned not exceeding six months, 
or both. 

Sect. 28. If the treasurer shall pay any money from the 
city treasury, except an order of the city council after approval 
by the auditor, which order of the city council shall be cer- 
tified to by the mayor, he shall be fined not exceeding two 
hundred dollars or imprisoned not exceeding six months or 
both, and he shall be personally bound to refund to the city 
any sum so paid. 



1905] Chapter 212. 627 

Sect. 29. If any officer, board, or commission or member Excessive 
thereof, of said city, excepting the board of police commission- penary . "'^*' 
ers, having authority to make contracts or expend money in 
behalf of the city, shall, by making any contract, purchasing 
any goods or employing any labor, or otherwise, undertake to 
make the city liable for any amount in excess of the funds 
available therefor from income or appropriation, said officer, 
board, or commission, or member thereof, shall be removed 
from office by the city council, after due hearing. 

Sect. 30. The various officers of said city shall be paid salaries, 
the following annual salaries, which shall be in full for all 
services, expenses and disbursements made by them while in 
office, and they shall receive no other compensation of any 
sort : The mayor five hundred dollars, payable quarterly. 
The city clerk one thousand dollars, payable monthly, and the 
fees fixed by law. The overseer of the poor two hundred 
dollars. The board of assessors fifty dollars each. The city 
treasurer five hundred dollars. The salary of the city solicitor 
shall be five hundred dollars, and this salary shall include his 
services and expenses in full to the city and every department 
of the same. The superintendent of streets one thousand dol- 
lars. The chief engineer of the fire department $400 per 
annum, the assistant engineers $100 per annum, all payable 
quarterly. The collector of taxes three fourths of one per cent, 
of the amount collected. The city auditor nine hundred dol- 
lars. The city messenger eight hundred dollars. The clerk 
of the board of water commissioners two hundred dollars the 
other two members of said board one hundred dollars each. 

Sect. 31. Unless otherwise provided for in this act, ^^^^^^^^^ 
officers of the City of Portsmouth shall hold office until the 
second Thursday of January 1906 and until their successors 
are chosen and qualified. All officers of the wards of said 
city shall hold office under this amended charter for the respec- 
tive terms for which they were chosen and until others are 
chosen and qualified in their stead respectively. 

Sect. 32. All books of account, in relation to the receipt, Books of 
holding or disbursement of moneys of the city kept by any record, 
official of the city, shall be paid for by the cit}^, shall remain 
the property of the city, and shall be turned over to the city 
clerk whenever the keeper of the books of .account retires from 
office. All books pertaining to city aflTairs kept by the city 
clerk, the overseer of the poor, the board of assessors, the city 
treasurer, the collector of taxes, and the city auditor shall be 
kept in the city building in their proper places and shall not be 
removed therefrom without an order of court or a vote of the 
city council first had and obtained. All books and accounts of 
any official of the city and all records of the city council and 
any committee thereof shall at all times in business hours be 
open to the inspection of any citizen of the city. 



628 



Chapter 213. 



[1905 



City clerk. 



Duties of 

commission 

chairmen. 



Existing 

ordinances 

continued. 



First election; 
act takes 
effect when. 



Check-list for 
city election. 



Sect. 33. The city clerk shall give his entire time to the 
duties of the office and shall be subject to the authority of the 
city council. He may be removed from office on vote of the 
city council at its pleasure. He shall have charge of all books, 
records and accounts of the city. It shall be a part of his duty 
to serve as clerk of the board of" assessors witiiout extra com- 
pensation therefor. 

Sect. 34. It shall be the duty of each chairman of a com- 
mission or board to attend the meetings of the council when 
specifically requested by the council or the mayor, and to 
answer such questions relative to the affairs of the city under 
his management as may be put to him by any member of the 
council. 

Sect. 35. All ordinances and by-laws of said city or its 
city councils shall continue in force until altered or repealed, 
except where a contrary intent herein appears. 

Sect. 36. The first election under this amended charter 
shall be held on the second Tuesday of December, 1905. For 
other purposes this charter shall take effect on the first week 
day of January, 1906. The officers elected on said second 
Tuesday of December, 1905, shall take office on the said first 
week day of January, 1906. 

Sect. 37. The board of registrars of voters shall makeup 
and post for said election, and for every subsequent municipal 
election in December, a list of the legal voters of said city in 
the same manner in which they are now required by law 
to do. 

[Approved March 9, 1905.] 



CHAPTER 213. 

AN ACT AUTHORIZING THE DOVER GAS LIGHT COMPANY TO PURCHASE 
AND OPERATE THE PROPERTY AND FRANCHISES OF THE UNITED GAS 
AND ELECTRIC COMPANY. 



Authority 
granted. 



Section 

1. Authority granted. 

2. Prior limitation removed. 

3. Increase of capital stock. 



Section 

4. Issue of bonds. 

5. Repealing clause; act takes effect on 

passage. 



Be it enacted by the Senate and House of Representatives in 
Genei'al Cou7't convened: 

Section i. The Dover Gas Light Company, a corporation 
existing under the laws of New Hampshire, is hereby author- 
ized to acquire, by purchase or otherwise, the franchises and 
property of the United Gas and Electric Company and, upon 
the acquisition of the same is invested with, and empowered to 



1905] Chapter 213. 629 

exercise and enjoy, all the powers, privileges and franchises 
of said United Gas and Electric Company in the county of 
Strafford, said state, and in the towns of Lebanon, Berwick, 
North Berwick, South Berwick, Wells and Eliot, in the county 
of York, State of Maine, subject, however, to all its duties and 
liabilities, including liability upon any judgment which may be 
entered in accordance with the order already made b}^ the 
supreme court in suit Maurice J. Stevens against said United 
Gas and Electric Company, or which may be recovered in said 
suit which is now pending in the superior court for Strafford 
county. 

Sect. 2. Section i, chapter 287 of the session Laws of fj^^yj™^*^^^ 
1887, entitled "An act to amend an act entitled 'An act to 
incorporate the Dover Gas Light Company,' approved June 28, 
1850 " is hereby amended by striking out in the fourteenth and 
fifteenth lines of said section the words, " not exceeding one 
hundred thousand dollars in value." 

Sect. 3. For the purpose of acquiring said property and increase of 
said franchises of said United Gas and Electric Company, the 
capital stock of said Dover Gas Light Company is hereby 
increased from one hundred thousand dollars to two hundred 
fifty thousand dollars, said increase to be divided into such 
number of shares as the stockholders may determine, provided 
the par value thereof is not less than twenty-five dollars. 
Said corporation is further authorized from time to time, as 
its needs may require, to increase said capital stock to an 
amount not exceeding five hundred thousand dollars by com- 
plying with the provisions of the statutes in reference to the 
increase of stock by voluntary corporations. 

Sect. 4. Said Dover Gas Light Company, in order to pro- issue of 
cure funds for the purchase of said property and franchises, °° ^" 
and for other corporate purposes, is hereby authorized to issue 
its bonds in an amount not exceeding five hundred thousand 
dollars and to secure the same by mortgage upon its property 
and franchises now owned or hereafter acquired by it. 

Sect. <. All acts or parts of acts inconsistent with the pro- Repealing 
visions of this act are hereby repealed and this act shall take takes effect 
efl^ect on its passage. on passage. 

[Approved March 9, 1905.] 



630 



Chapter 214. 



[1905 



CHAPTER 214. 



AN ACT TO CONTINUE, CONFIRM AND AMEND THE ORGANIZATION AND 
CHARTER OF THE EASTERN FIRE INSURANCE COMPANY OF NEW HAMP- 
SHIRE. 



Section 

1. Charter and organization confirmed. 

2. First meeting. 

3. Principal ofiice; resident directors. 



Charter and 

organization 

confirmed. 



First meeting. 



Principal 
office; resi- 
dent direc- 
tors. 



May begin 

business, 

when. 



Section 

4. May begin business, when. 

5. Takes effect on passage. 



Takes effect 
on passage. 



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

Section i. The charter of the Eastern Fire Insurance 
Company of New Hampshire granted at January session, 1893, 
of the New Hampshire legislature, and the organization under 
said charter, is hereby confirmed. 

Sect. 2. The records of the organization of said corpora- 
tion having been lost, the first meeting of said corporation may 
be held in accordance with said chapter within one year from 
the date hereof with the same force and validity as if held 
within three years after the granting of said charter. 

Sect. 3, The principal office of said corporation shall be 
located in the city of Concord, and at least a majority of the 
board of directors of the corporation shall be legal residents 
of the State of New Hampshire. 

Sect. 4. Should said corporation elect to do a business of 
reinsurance only it may commence business as soon as its cap- 
ital stock to the amount of ten thousand dollars shall be paid 
in, but nothing in this section shall be construed to allow said 
corporation to do a direct business of fire insurance until its 
capital stock fully subscribed and paid in is fifty thousand 
dollars. 

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

[Approved March 9, 1905.] 



1905] 



Chapter 215, 



631 



CHAPTER 215. 



AN ACT TO INCORPORATE THE UPPER COOS AND ESSEX WATER COMPANY. 



Section 

1. Corporation constituted; purposes. 

2. Capital stock. 

3. Right of eminent domain. 

4. Assessment of damages. 

5. Contracts authorized. 

6. How far act applicable to Canaan, Vt. 



Section 

7. Annual meeting. 

8. Injury to property, etc., how pun- 

ished. 

9. First meeting. 

10. Subject to repeal; takes effect on 
passage. 



Be it enacted by the Senate and House of Repi'esentatives in 
General Cou,7-t convened: 

Section i. That Thomas H. VanDyke, Samuel E. Watts, corporation 
Carlos H. Green, George VanDyke, Irving W. Drew, Warren purposes. 
E. Drew, Walter Drew and Merrill Shurtleff, their associates 
and successors, are hereby made a corporation by the name of 
the Upper Coos and Essex Water Compan^^ for the purpose 
of furnishing to the people of Stewartstown, New Hampshire, 
and Canaan, Vermont, a supply of pure water for domestic, 
mechanical and manufacturing purposes, and to said towns of 
Stewartstown and Canaan for the extinguishment of fires and 
other public uses, with all the rights, privileges, immunities, 
duties and obligations incident to similar corporations. 

Sect. 2. The capital stock of said corporation shall not capital stock. 
exceed fifty thousand dollars, divided into shares of one hun- 
dred dollars each. It may acquire and hold real and personal 
estate necessary and convenient for the purposes aforesaid, 
and it may issue bonds and other obligations, secured by mort- 
gage of its real and other property, to carry out the purposes 
for which it is created. 

Sect. %. Said corporation may take and hold by purchase. Right of em- 

^1 . ^ , ,. •' , -' ^ inent domain. 

or may take as lor public uses, any real estate or easement 
therein, including the water of any ponds, streams, springs or 
artesian wells, necessary for obtaining a sufficient supply of 
water and for the construction of reservoirs and laying of pipes, 
and may construct, erect and maintain all necessary dams, 
reservoirs, standpipes and hydrants ; it ma}^ lay its pipes 
through the land of persons and corporations, having first 
obtained the permission of the municipal officers of said towns, 
and, under such regulations and restrictions as they may pre- 
scribe, along the streets and ways of said tovvms ; and may lay 
its pipes under any railroad, water-course, or private way, and 
cross any drain or sewer or pipe, -provided, that in the matter 
of crossing pipes, it shall, at its own expense, and within a 
reasonable time, replace, repair, and cover all such pipes and 
mains as may be displaced, injured or disturbed during the 
construction, extension or repair of its water-works ; and it may 
•enter upon and dig up any such real estate, railroad, street, or 



632 



Chapter 215. 



[1905 



Assessment of 
damages. 



Contracts 
authorized. 



How far 
applicable to 
Canaan, Vt. 



way, for the purpose of laying pipes or erecting hydrants or 
other fixtures, and maintaining and repairing the same ; it 
may lay a pipe or pipes across the Connecticut v'wqy, provided, 
that it shall not by its structures infringe the public right of the 
highway for the floating of logs down said river in as free and 
convenient a manner as is afforded by the river in its natural 
condition ; and it may do any other act or thing necessary, 
convenient, and proper to carry out the purposes of this act. 

Sect. 4. Said corporation shall pay all damages sustained 
by any person or corporation, in property, by the taking of any 
land, right of way, water, water course, water right or ease- 
ment, or by the erection of any dam, or by any other thing 
done by said corporation under the authority of this act. In 
case, however, said company shall not be able to agree with 
the owners thereof for the damages that may be done by said 
company, or the owners shall be unknown, either party may 
apply to the superior court at a trial term, in the county of 
Coos, to have the same laid out and the damages determined; 
and said court shall refer the same to the county commissioners 
of said county, who shall appoint a time and place of hearing, 
and give notice thereof in the same manner as now provided 
by law for the laying out of highways. Said commissioners 
shall make report to said court, and said court may issue exe- 
cution thereon accordingly ; but if either party shall desire it, 
upon application to said court before reference to said commis- 
sioners, they shall be entitled to a trial by jury, in such manner 
and under such regulations as said court may prescribe. 

Sect. 5, Said corporation may make any contract or con- 
tracts with said towns of Stewartstown and Canaan, or with 
any fire precinct, district or other corporate organization in 
said towns, or with any persons or corporations, to furnish 
water, hydrants, and other means and apparatus for extin- 
guishing fires, and for such other purposes as may be deemed 
necessary, and said town of Stewartstown, or any fire precinct 
therein now existing or hereafter organized, is hereby author- 
ized to contract with said corporation for the use of said water, 
hydrants, and other apparatus for said purpose, and it may 
raise and appropriate money therefor. And said corporation 
is hereby authorized and empowered to sell or lease for a term 
of years, to said towns or to either of them, or to any fire pre- 
cinct, district or other corporate organization now existing or 
hereafter organized therein, all of its works, structures, and 
estate, of whatever kind or nature ; and said town of Stewarts- 
town or fire precinct is hereby authorized to purchase or lease 
the same. 

Sect. 6. This act shall apply to the town of Canaan only 
so far and to such extent as this legislature has the right to 
permit this company to contract with said town, with any fire 
precinct or other corporate organization or with any person in 



1905] Chapter 215. 633 

said town, or to permit this company to do any other act or 
thing necessary, convenient and proper to carry out the pur- 
poses of this act. 

Sect. 7. The annual meeting of said corporation shall be Annual 
holden at such time and place as may be prescribed by the ™®®*i°&' 
by-laws or appointed by the directors, at which meeting not 
less than three nor more than seven directors shall be chosen 
by ballot. The directors may call special meetings whenever 
they may deem it necessary, giving such notice as the by-laws 
may prescribe. 

Sect. 8. Any person who shall wilfully and maliciously injury to 

i i-u i. r r 4-1. I- ^ • property, 

corrupt the waters 01 any ot the sources 01 supply or reservoirs etc., how 
of said company within this state, or shall wilfully injure any p"°'^^®^- 
dam, reservoir, conduit, pipe, hydrant, or other property held, 
owned, or used by said company within this state, for the pur- 
poses of this act, shall, on conviction of either of said acts, be 
punished by a fine not exceeding five hundred dollars, or be 
imprisoned not exceeding one year, or both such fine and 
imprisonment. 

Sect. 9. Any three of the corporators named in this act First meeting, 
may call the first meeting of the company by giving a notice 
in writing to each of the corporators at least seven days before 
the meeting, or by notice printed in some newspaper published 
in the county of Coos, at least fourteen days before said day of 
meeting : and at said meeting, or at any subsequent meeting 
duly called, associates may be admitted, and all proper officers 
chosen, the number of shares fixed, and such by-laws and reg- 
ulations be adopted as may be deemed necessary to carry into 
effect the business of the company. 

Sect. 10. This act ma\' be altered, amended, or repealed subject to 
whenever the public good requires, and it shall take eff^ect effect on 

" ^ passage. 

upon its passage. 

FApproved March 9, 1905.] 
16 



634 



Chapters 216, 217. 



[1905 



CHAPTER 2i6. 



Perpetual 
care fund 
authorized. 



Takes effect 
on passage. 



AN ACT IN AMENDMENT OF "AN ACT CREATING A BOARD OF TRUSTEES 
FOR A PUBLIC CEMETERY IN NASHUA," APPROVED MARCH 24, 1893. 



Section 
1. Perpetual care fund authorized. 



Section 
2. Takes effect on passage. 



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

Section i. The board of trustees, as constituted under 
said act, are hereby authorized and empowered to establish 
and create a perpetual care fund additional to that authorized 
by the original act, by setting aside such sum or sums as said 
board may deem best and to take, receive and place therein 
any donation, legacy or bequest specifically made therefor and 
which shall be known as the fund for the perpetual care of the 
paths, walks, drives and avenues of said cemetery, as well as 
for the fences enclosing the grounds thereof; that such fund, 
created as aforesaid, shall be invested, treated, considered and 
held and the liability of the city of Nashua shall be the same 
as other perpetual care funds, as set forth in the original act; 
that the interest or income only of such fund shall be used and 
applied by said board of trustees for the construction, care and 
maintenance of such paths, walks, drives, avenues and fences 
of such cemeteiy. 

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

[Approved March 9, 1905.] 



CHAPTER 217. 

AN ACT TO REVIVE, AMEND AND EXTEND THE CHARTER OF THE KEENE 
ELECTRIC RAILWAY COMPANY. 



Charter 
revived and 
extended. 



Section 
1. Charter revived and time for build- 
ing extended. 



Section 
2. Takes effect on passage. 



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

Section i. The charter of the Keene Electric Railway 
Company approved March 31, 1893, extended to March 31, 
1902 by amendment approved March 7, 1899, and b}' amend- 
ment approved March 20, 1901, extended to March 31, 1904, 
is hereby revived and the time fixed in said charter and amend- 



1905] 



Chapter 218. 



635 



ments is hereby extended to March 31, 1907 and said cor- 
poration shall have such additional time in which to build its 
road. 

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

[Approved March 9, 1905.] 



Takes effect 
on passage. 



CHAPTER 218. 



AN ACT TO INCORPORATE THE LACONIA POWER COMPANY. 



Section 

1. Corporation constituted. 

2. May acquire street railway property. 

3. May acquire property of electric 

companies. 

May acquire property of lighting 
company. 

Transfer by other corporations au- 
thorized. 



4. 



5. 



Section 

6. Additional powers of corporation. 

7. Maintenance of poles and wires in 

highways. 

8. Capital stock; issue of bonds. 
9 Subject to general law. 

10. First meeting. 

11. Takes effect on passage. 



Be it enacted by the Senate and House of J^epj'eseniattves in 
General Coitrt convened: 

Section i. That, Albert G. Folsom, Charles F. Stone, corporation 
Samuel B. Smith, and Edmund Little, all of Laconia, in the 
county of Belknap and State of New Hampshire, and Harry 
L. Pierce of Leominster in the county of Worcester, in the 
Commonwealth of Massachusetts, their associates, successors 
and assigns are hereby made a corporation by the name of the 
Laconia Power Company and by that name may sue and be 
sued, prosecute and defend to final judgment and execution, 
and shall be and hereby are invested with all the powers and 
privileges, and made subject to all the liabilities under the 
laws of this state which are applicable to said corporation. 

Sect. 2. The corporation is hereby authorized and empow- May acquire 
ered to purchase or lease the property, rights and franchise of property. '^^^ 
or to consolidate with the Laconia Street Railway, a corpora- 
tion duly established at said Laconia, and if such purchase, 
lease or consolidation shall at any time be made, all the prop- 
erty, rights, powers, privileges and franchises of said Laconia 
Street Railway shall pass to the control of said Laconia Power 
Company as fully and completely as the same are now held 
and enjoyed by said Laconia Street Railway. 

Sect. q. The corporation is hereby authorized and empow- May acquire 

1 t 1 , "^.i , r , y r property of 

ered to purcnase or lease the property, rights and franchise of electric 
or to consolidate with the Franklin Light & Power Company '^^^^p^'^^®^* 
of the city of Franklin, the Tilton Electric Company of Tilton, 
or the Laconia Electric Lighting Company, a corporation duly 



636 



Chapter 218. 



[1905 



May acquire 
property of 
lighting 
company. 



Transfer by 
other cor- 
porations 
authorized. 



Additional 
powers. 



established at Laconia, and if such purchase, lease or consoli- 
dation shall at any time be made, all the property, rights, pow- 
ers, privileges and tranchises of said Franklin Light & Power 
Company, Tilton Electric Company or said Laconia Electric 
Lighting Company shall pass to the control of said Laconia 
Power Company as fully and completely as the same are now 
held and enjoyed by said Franklin Light & Power Company, 
Tilton Electric Company or Laconia Electric Lighting Com- 
pany. 

Sect. 4. The corporation is hereby authorized and empow- 
ered to purchase or lease the property, rights and franchise of 
or to consolidate with the Winnipesaukee Gas & Electric Com- 
pany, a corporation duly established at said Laconia, and if 
such purchase, lease or consolidation shall at any time be 
made, all the property, rights, powers, privileges and fran- 
chises of said Winnipesaukee Gas & Electric Company shall 
pass to the control of said Laconia Power Company as fully 
and completely as the same are now held and enjoyed by said 
Winnipesaukee Gas & Electric Company. 

Sect. 5. The Laconia Street Railway, the Laconia Elec- 
tric Lighting Company the Winnipesaukee Gas & Electric 
Company the Franklin Electric Light & Power Company and 
the Tilton Electric Company are hereby authorized and empow- 
ered to sell or lease, all assets, rights and franchises of said 
corporations to the Laconia Power Company upon such terms 
as may be agreed upon by said corporations. 

Sect. 6. The said Laconia Power Company is hereby 
authorized and empowered to construct, maintain and operate 
suitable dams, buildings, water and other motors, engines, 
electric and other machinery for the generation of electricity, 
to lease water power for such purpose and to purchase or 
lease real estate, rights in real estate and water rights and the 
rights of flowage and the right to erect and maintain such nec- 
essary dams and reservoirs for the purpose of utilizing water 
power upon such rivers, streams, lakes and ponds in said 
county of Belknap and in the town of Hill, in the county of 
Merrimack, and the town of Bristol in the county of Grafton, 
as the said corporation may purchase, for the purpose of gen- 
erating electrical energy for uses named in the charters of the 
several corporations named in this act, but said corporation 
its successors or assigns shall not have the right to use any of 
its power for the operation of street railways outside the city 
of Laconia and the town of Gilford in the county of Belknap, 
or for the operation of any electric railway between the city of 
Laconia and village of Tilton and the village of Tilton and 
city of Franklin. Said power company is hereby authorized 
and empowered to lease or sell power for manufacturing pur- 
poses upon and along any lines that may be constructed under 
authority of this act, except said power company shall not 



1905] Chapter 218. 637 

lease or sell power in the city of Franklin or town ofTilton 
unless under a contract with the Franklin Light & Power 
Company, in said city of Franklin, or the Tilton Electric Com- 
pany, in the town of Tilton. Nothing, however, in this act 
shall be construed as giving the said Laconia Power Company 
the right to engage in the business of electric lighting in the 
city of Laconia, the city of Franklin or town ofTilton unless 
it shall do so under the charter or charters of the Franklin 
Light & Power Company or the Tilton Electric Company or 
the Laconia Electric Lighting Company in accordance with 
section 3 of this act. 

Sect. 7. Said power company shall have the right to erect Poles and 

. • • 1 1 • •. • -1 ii V. wires in 

and mamtam its poles and string its wires thereon through any highways, 
street, place, highway or passway in any of the cities or towns 
in said county of Belknap or the town of Bristol in the county 
of Grafton, the town of Hill or the city of Franklin in the 
county of Merrimack. The permission of the selectmen or 
board of mavor and councilmen of the towns and cities being 
first ob'tained for said purposes. 

Sect. 8. The capital stock of said power company shall ^t^oP'j^f\ssue 
not exceed two hundred and fifty thousand dollars, to be of bonds, 
divided into shares of a par value of one hundred dollars each, 
but such company may issue capital stock and bonds to such 
an amount only as may be necessary for the purposes author- 
ized in this charter and its bonded and other indebtedness shall 
at no time exceed the amount of its capital stock actually paid 
in. Said power compan}^ may from time to time issue bonds 
to provide means for carrying out the provisions of this act or 
for funding its debt or that of any of the companies authorized 
to be united under this act or renewing or retiring the funded 
debt of any of said companies to such an amount as may be 
necessary. To secure the payments of such bonds with inter- 
est thereon, said corporation may make a mortgage of its prop- 
erty and franchises and may include in any such mortgage 
property thereafter to be acquired. 

Sect. q. Said power company shall be subject to all the subjectto 
provisions of the general laws, except as modified by the pro- 
visions herein. 

Sect. 10. Any three of the grantees may call the first First meeting, 
meeting by publication or by giving personal notice to the 
other grantees at least ten days prior to the time of meeting. 
At said first meeting or any subsequent one, associates may be 
elected, by-laws and regulations adopted, a board of directors 
and other officers elected to serve until the first annual meeting 
and until their successors are duly qualified. 

Sect. ii. This act shall take effect on its passage. JnSsfge* 

[Approved March 9, 1905.] 



638 



Chapters 219, 220. 



[1905 



CHAPTER 219. 

AN ACT TO AMEND SECTION 4, CHAPTER 213 OF THE LAWS PASSED 
AT THE JANUARY SESSION OF 1901, ENTITLED "AN ACT TO INCOR- 
PORATE THE PITTSFIELD LOAN AND TRUST COMPANY." 



Section 
1. First meeting, how called. 



Section 
2. Takes efftet on passage. 



First meeting, 
how called. 



Takes effect 
on passage. 



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

Section i. That section 4 of said act be amended as fol- 
lows : strike out the words " the first four persons " before the 
word " named," and in the place thereof, insert the words any 
three persons, and also strike out the words " or any three of 
them" in the second line of said section between the words 
" act " and " shall," so that section 4 as amended shall read: 
[Sect. 4.] Any three persons named in the first section of 
this act, shall call the first meeting of the corporation by notice 
in writing to each grantee or by publishing in some newspaper 
printed in Pittsfield, at least ten days before the day of the 
meeting. 

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

[Approved March 9, 1905.] 



CHAPTER 220. 

AN ACT IN AMENDMENT OF CHAPTER 208 OF THE SESSION LAWS OP 
1899 AS AMENDED BY CHAPTERS 204 AND 318 OF THE SESSION 
LAWS OF 1903, RELATING TO THE WALPOLE ELECTRIC LIGHT & 
POWER COMPANY. 



Powers 
enlarged. 



Section 
1. Powers enlarged. 



Section 
2. Takes effect on passage; repealing 
clause. 



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

Section i. That section 3 of chapter 208 of the session 
Laws of 1899, as amended by chapter 318 of the Laws of 1903, 
be amended by inserting after the word " Unity" in said sec- 
tion the words on Cold stream and its tributaries ; so that said 
section shall read as follows : Sect. 3. Said corporation is 
hereby authorized and empowered to establish and carry on in 
the said towns of Walpole and Alstead and Langdon, the busi- 



1905] 



Chapter 221. 



639 



ness of generating, manufacturing, producing, and supplying 
electricity for the purposes of light, heat, and mechanical 
power, and may also furnish and supply to those requiring it 
any surplus water power it may have, and to these ends may 
purchase, build, erect, and maintain in said Walpole and 
Alstead and Langdon and Acworth and Lempster and Unity, 
on Cold stream and its tributaries, such suitable dams, canals, 
reservoirs, and water powers as may be necessary, and may 
distribute and supply electricity by metallic wires or by any 
other suitable means of transmitting the same upon poles 
erected, or in subterranean tubes or boxes placed in the public 
streets and highways in said towns, the consent of the select- 
men of said towns being first obtained for that purpose, and 
then such location to be under the direction of said selectmen ; 
and may construct and maintain such suitable dams, canals, 
reservoirs, structures, or buildings, hold, purchase, lease, and 
acquire, or take by eminent domain such real and personal 
property, rights and easements as may be necessary for any 
purposes of the said corporation as authorized by this act, and 
may sell, convey, and dispose of the same at pleasure. 

Sect. 2. This act shall take effect on its passage and all onpa^glflef 
acts and parts of acts inconsistent with this act are hereby ^fP^|g"°^ 
repealed. 

[Approved March 9, 1905.] 



CHAPTER 221. 

AN ACT TO INCORPORATE THE COOS AND ESSEX AGRICULTURAL SOCIETY. 



Section 

1. Corporation constituted. 

2. Capital stock. 

3. Powers. 

4. Officers and bj'-laws. 



Section 

5. First meeting. 

6. No charter fee required. 

7. Talies effect on passage; subject to 

repeaL 



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

Section i. That F. S. Linscott, Elwin Damon, P. J. corporation 
Noyes, E. M. Monahan, S. C. Howe, G. G. McGregor, B. B. '=°'^''»*'''^^- 
Blakeslee, W. R. Bell, Charles Fitch, F. H. Piper, Gilbert 
Beattie, D. O. Rowell, W. T. Pike, Fred Bell, Charles 
Chandler and Frank Rosebrook, and their associates and suc- 
cessors, forever be and hereby are made a body politic and 
corporate by the name and style of the Coos and Essex Agri- 
cultural Society. 



640 



Chapter 221. 



[1905 



Capital stock. 



Powers. 



OiHcers and 
by-laws. 



First meeting. 



No charter 
fee. 



Takes effect 
on passage; 
subject to 
repeal. 



Sect. 2. The capital stock of said corporation shall not 
exceed one thousand dollars, and shall be divided into shares 
of a par value of two dollars each, and its bonded and other 
indebtedness shall at no time exceed the amount of its capital 
stock actually paid in. The amount of capital stock and bonds 
to be so issued from time to time shall be determined and issued 
in accordance with the provisions of the general laws. 

Sect. 3. The object of the society being to improve the 
condition of agriculture, horticulture, manufactures, the domes- 
tic and mechanic arts, they shall be and hereby are for this 
purpose only allowed to have, hold, purchase, lease, receive 
and enjoy real and personal estate, and to sell, grant, convey 
and dispose of the same ; may have and use a common seal, 
and may sue and be sued, appear, prosecute and defend to 
final judgment and execution. 

Sect. 4. The society shall have power to appoint such 
officers as they may deem expedient, and to make ordain and 
establish and put into execution such by-laws and regulations 
as shall be necessary and convenient for the government and 
management of the societ}^ and shall possess the power and 
be subject to the liabilities and provisions common to other 
similar corporations by the existing laws of the state. 

Sect. 5. F. S. Linscott, Elwin Damon, P. J. Noyes, E. M. 
Monahan and S. C. Howe, or any three of them, may call the 
first meeting of said society at such time and place and in such 
manner as they may deem expedient, giving at least two 
weeks' notice for the purpose of organizing, and choosing the 
first board of officers, making and establishing by-laws and 
transacting any business necessary and proper to carry into 
effect the provisions and intentions of this act. 

Sect. 6. The object of the society being to improve the 
condition of agriculture, horticulture, manufactures, the domes- 
tic and mechanic arts, the persons procuring the passage of 
this act shall not be required to pay any charter fee as set 
forth and provided in the Public Statutes or any amendment 
thereto. 

Sect. 7. This act shall take effect upon its passage; and 
the legislature may alter, amend, or repeal this act whenever 
the public good may require. 

[Approved March 10, 1905.] 



1905] 



Chapter 222. 



641 



CHAPTER 222. 

AN ACT TO AUTHORIZE THE TOWN OF WOODSTOCK TO CONSTRUCT AND 
MAINTAIN AN ELECTRIC LIGHT AND POWER PLANT. 



Section 

1. Authority granted. 

2. Control and management. 

3. Appropriations authorized. 



Section 
4. Repealing clause; act takes effect on 
passage. 



Be it enacted by the Senate and Hotise of Representatives in ■ 
Gene?-al Court convened : 

Section i . The town of Woodstock is hereby authorized gJi'aS*'' 
to construct and maintain an electric light plant, for the pur- 
pose of generating and supplying electricity to light the streets 
and buildings in said town, and may distribute, convejs and 
supply the same by metallic wires, or by any other suitable 
means, upon poles erected for that purpose, or in other con- 
venient ways, in any public street or highway in said town, 
and may relay and repair the same, having proper regards for 
the rights of the public. 

Sect. 2. The said town shall have the power and authority control of 
to make regulations for the use of said electricity ; and the p^^"^^' 
control and management of said plant may be placed in the 
hands of the fire wards of said town, who shall appoint all 
necessary officers. 

Sect. -i. The said town is also authorized at any annual Appropria- 

■^ •111 tions au- 

or special meeting to raise and appropriate and to borrow and thorized. 
hire such sums of money not exceeding in the aggregate 
twenty thousand (20,000) dollars on the credit of the town as 
may from time to time be deemed advisable for the purposes of 
defraying the expenses of purchasing real estate, and for con- 
structing, maintaining, and operating said electric light plant 
and to issue notes or bonds of the town therefor, payable at 
such times and at such rates of interest as may be thought 
proper. The proceedings of the town with reference to the 
business specified in this section shall be in accordance 
with the act approved March 19, 1895, and known as the 
*' Municipal Bonds Act, 1895." 

Sect. 4. All acts and parts of acts inconsistent with the Repealing 
provisions of this act are hereby repealed, and this act shall takes^effept 
take effect upon its passage. 

[Approved March 10, 1905.] 



on passage. 



642 



Chapter 223. 



[1905' 



CHAPTER 223. 



AN ACT TO INCORPORATE MANCHESTER LODGE NO. 146 OF THE BENEV- 
OLENT AND PROTECTIVE ORDER OF ELKS. 



Section 

1. Corporation constituted. 

2. Powers. 

3. First meeting. 



Section 

4. Subject to repeal. 

5. Takes effect on passage. 



Corporation 
constituted. 



Powers. 



Be it enacted by the Seriate and House of Representatives in 
Gene?-al Cou7't convened : 

Section i. That John H. Hayes, Charles F. Glidden,^ 
William A. Doherty, Theodore M. Hyde, Thomas W. Lane 
James H. Reynolds, John G. Hutchinson, Maurice A. Connor, 
John P. Bartlett, Chauncey W. Clement Daniel F. Healy 
Charles H. Bodwell, Fred A. Montgomery Harry W. Harvey, 
John K. Wilson Charles M. Floyd Harrie M. Young Eugene 
G. Libby and Arthur E. Clarke and their associate members 
of said lodge, and their successors, be and they are hereby 
made a body politic and corporate by the name of the Benevo- 
lent and Protective Order of Elks of Manchester N. H. 

Sect. 2. Said corporation, may purchase take and hold by 
deed, gift, devise, bequest or otherwise real and personal 
estate, necessary for the purpose of the corporation to an 
amount not exceeding ten thousand dollars and may improve 
sell and convey or otherwise dispose of the same at pleasure. 
They shall have all the powers rights and duties, of similar 
corporations and may make such by-laws and regulations as 
they are authorized to make, by the grand lodge of the order 
not inconsistent with the laws of this state. 
First meeting. Sect. 3. The exalted ruler of the lodge may call the first 
meeting of this corporation, at such time and place and in such 
manner as he may think proper, at which meeting the neces- 
sary and usual officers may be chosen. 

Sect. 4. The legislature may alter, amend or repeal this 
act whenever the public good may require. 

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



Subject to 
repeaL 



Takes effect 
on passage. 



[Approved March 10, 1905.] 



1905] 



Chapter 224. 



643 



CHAPTER 224. 



AN ACT TO AUTHORIZE AND EMPOWER THE PENACOOK AND BOSCAWEN 
WATER PRECINCT TO REFUND ITS BONDED INDEBTEDNESS. 



Section 

1. Authority granted. 

2. Appropriation authorized. 



Section 
3. Takes effect on passage. 



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

Section i. That the Penacook and Boscawen Water Pre- Authority 
cmct is hereby authorized and empowered to refund its present 
bonded indebtedness, by calHng in and paying all the outstand- 
ing bonds as the same may become due, at the election of said 
precinct, on November i, 1907, and at any annual meeting of 
said precinct may so vote to do, and notice of such vote to be 
filed at the banking house of E. H. Rollins & vSons, Boston, 
Massachusetts, and published for four consecutive weeks, at 
least once a week in one or more newspapers printed and pub- 
lished in said Boston and in Concord, New Hampshire, the 
last publication to be at least two months before said November 
I, 1907. 

Sect. 2. Said precinct at anv annual meetins; by a two- Appropria,tion 

^ ^ -' . . o •' authorized. 

thu'ds vote of those present and voting may raise and appro- 
priate a sum sufficient to pay said bonds as provided in sec- 
tion I of this act and to issue bonds with coupons annexed for 
the annual or semi-annual interest, for a sum not exceeding 
sixty-five thousand dollars, bearing interest not exceeding four 
per cent, per annum, and payable at such time within twenty- 
five years and in such amount as may be determined by said 
precinct. Said bonds may be in the form so far as applica- 
ble, prescribed by chapter 43 of the Laws of 1895, called the 
Municipal Bonds Act of 1895 except that the provisions of 
section 8 of said chapter and the time of payment as prescribed 
in said act shall not be applicable to said bonds. Provided 
that there shall be printed in large type across the top of each 
of said bonds This bond is not issued under or by authority of 
the Municipal Bonds Act 1895 of the State of New Hamp- 
shire. 

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



Takes effect 
on passage. 



[Apppoved March 10, 1905.] 



644 



Chapters 225, 226. 



[1905 



CHAPTER 225. 



AK ACT IN AMENDMENT OF CHAPTER 251 OF THE LAWS OF 1887, ENTI- 
TLED "an act TO INCORPORATE l'uNION ST. JEAN BAPTISTE SOCIETY 
IN NASHUA." 



Issue of cap- 
ital stock 
authorized. 



Takes effect 
on passage. 



Section 
1. Issue of capital stock authorized. 



Section 
2. Takes effect on passage. 



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

Section i. Amend said charter by adding to section 2 
the following : The said corporation is hereby authorized and 
empowered to issue capital stock not to exceed twenty-five 
thousand dollars, divided into one thousand shares of the par 
value of twenty-five dollars each, and no person shall own or 
hold any of the said capital stock unless such owner or holder 
is a member of the said s,oc\Q\.y, j)rovided, the said limitation 
as to ownership shall be plainly expressed on each of the stock 
certificates issued under this act. 

Sect. 2. This act shall take eff'ect upon its passage. 

[Approved March 10, -1905.] 



CHAPTER 226. 

AN ACT TO REVISE AND AMEND THE CITY CHARTER OF THE CITY OF 

DOVER. 



Duties of 
street and 
park com- 
missioners. 



Section 1. Duties of street and park commissioners. 

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

Section i. Amend section 2, chapter 223 of the session 
Laws of 1903, entitled "An act in amendment of the charter of 
the city of Dover, creating a board of street and park commis- 
sioners for said city " by inserting the word bridges after the 
word "streets "in the sixth line of said section so that said 
section as amended shall read : Sect. 2. In the month of 
March, annually, said board shall organize by the choice of one 
of its members as chairman, and shall also choose a clerk, who 
may be one of said commissioners. Said board of street and 
park commissioners shall have full charge, management, and 
control of the building, constructing, repairing, and maintain- 
ing of all the streets, bridges, highways, lanes, alleys, side- 
walks, and public sewers and drains, and of the public parks 



1905] Chapters 227, 228. 645 

and commons, in said city of Dover, and shall have the expen- 
diture of all appropriations which the city councils of said city 
shall from year to year vote for such purposes; and all bills 
for expenditures from the appropriations voted from year to 
year by the city councils for such purposes, shall be approved 
by said board before the same are paid by the city treasurer. 

[Approved March lo, 1905.] 



CHAPTER 227. 

A.N ACT RATIFYING THE VOTE OP THE CITY COUNCILS OF THE CITY OF 
DOVER PASSED AT A MEETING HELD ON THE THIRD DAY OF MARCH, 

1898. 



Section 

1. Vote ratified and confirmed. 

2. Taxes paid not recoverable. 



Section 
3. Takes effect on passage. 



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

Section i. The vote of the city councils of the city of j^o*^®^^*- 
Dover passed on the third day of March, 1898 exempting cer- confirmed, 
tain property of the United Gas and Electric Company from 
taxation for the period of ten years from that date is hereby 
authorized, ratified and confirmed. 

Sect. 2. The United Gas and Electric Company shall not Taxes paid 

.,, /-,!• /-T-v 1^ notreeov- 

be entitled to recover of the city of Dover any moneys paid erabie. 
into said city as taxes on the herein described property. 

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

[Approved March 10, 1905.] 



CHAPTER 228. 



AN ACT CONFIRMING THE INCORPORATION OF THE TROY AND FITZ- 
WILLIABI LIGHT & POWER COMPANY, AND EXTENDING ITS POWERS. 



Section 

1. Incorporation confirmed; capital 

stock increased. 

2. Issue of bonds. 



Section 

4. Right of eminent domain; assess- 

ment of damages. 

5. Subject to repeal; repealing clause; 



3. Maintenance of poles and wires. I act takes effect on passage. 

Be it enacted by the Senate and House of Representatives in 
General Court convened : 
Section i. The incorporation of the Troy and Fitzwilliam incorporation 

T • 1 . -, -r> r^ J iU • • r \^ ^ confirmed; 

Light and rower Company under the provisions of chapter capital stock 
147 of the Public Statutes is hereby confirmed, and the capital i^ci'e^sed. 



646 



Chapter 228. 



[1905 



Issue of 
bonds. 



Maintenance 
of poles and 
wires. 



Right of em- 
inent domain; 
assessment of 
damages. 



Subject to re- 
peal; repeal- 
ing clause; 
act takes 
effect on 
passage. 



stock fixed and limited in its articles of incorporation, to wit: 
fifteen thousand dollars is hereby increased to twenty-five 
thousand dollars. 

Sect. 2. Said corporation is hereby authorized and em- 
powered to issue bonds and other obligations secured by a 
mortgage of its franchises and other property to carry out the 
purposes for which it is incorporated. 

Sect. 3. Said corporation may erect poles and place wires 
for the transmission of electricit}^ or may lay the same in 
subterranean pipes, through or over the land of an\^ persons or 
corporations, and under or over any railroad or private way, 
and, if first obtained the permission of the municipal officers of 
any of the towns in which it is authorized to do business, and 
under such restrictions and regulations as they may prescribe, 
along the streets and ways of said towns ; and it may enter 
upon and dig up any such real estate, street, or way for the 
purposes aforesaid ; and it may do any other act or thing 
necessary, or convenient, or proper to carry out the purposes 
for which this corporation is created. 

Sect. 4. Said corporation may take and hold by purchase, 
or may take as for public uses, any real estate or easement 
therein, including water of any ponds or streams which may 
be necessary for carrying out the purposes for which it is 
incorporated. If it shall be necessary to enter upon and appro- 
priate any land, pond, or stream, or easement therein, for the 
purpose aforesaid, and said corporation shall not agree with 
the owners thereof for the damages that may be done by said 
corporation, or said owners shall be unknown, either party 
may apply to the superior court, at a trial term in the county 
of Cheshire to have the same laid out, and damages deter- 
mined ; and the said court shall refer the same to the county 
commissioners, who shall appoint a time and place of hearing 
and give notice thereof in the same manner as is now provided 
by law for laying 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 manner and under such regulations as 
said court may prescribe. 

Sect. 5. The legislature may alter, amend, or repeal this 
act whenever the public good may require the same ; and all 
acts inconsistent with this act are hereby repealed, and this 
act shall take effect on its passage. 

[Approved March 10, 1905.] 



1905] Chapters 229, 230. 647 

CHAPTER 229. 

AN ACT IN AMENDMENT OF CHAPTER 236 OF THE LAWS OF 1901 
ENTITLED " AN ACT TO INCOKPORATE THE PEERLESS CASUALTY 
COMPANY." 

Section I Section 

1. Increase of capital stock. I 2. Takes effect on passage. 

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

Section i. Chapter 236 of the Laws of 1901 is hereby increase of 
amended by adding thereto the following section : Sect. 4. ^^^^ a s oc . 
Said corporation shall have the right to increase its capital 
stock by the sum of ninety thousand ($90,000) dollars so that 
its said stock shall be one hundred thousand ($100,000) dol- 
lars in the aggregate, and such increase of ninety thousand 
($90,000) dollars may be made by said corporation in such 
sums from time to time as said corporation may vote ; and 
such increase shall be subject to the provisions of section 3 of 
chapter 236 of the Laws of 1901 relating to the stock thereby 
authorized to be issued. 

Sect. 2. This act shall take effect upon its passage. onpa^ssfge.* 

[Approved March 10, 1905.] 



CHAPTER 230. 

AN ACT AUTHORIZING THE UNITED GAS AND ELECTRIC COMPANY TO 
SELL AND CONVEY ITS PROPERTY AND FRANCHISES TO THE DOVER 
GAS LIGHT COMPANY. 

Section i Section 

1. Authority granted. I 2. Takes effect on passage. 

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

Section i. The United Gas and Electric Company is Authority 
hereby authorized to sell and convey its franchises and prop- ^^^'^*®*^- 
ert}' to the Dover Gas Light Company, a corporation organized 
under the laws of the State of New Hampshire, subject, how- 
ever, to all its duties and liabilities, including liability upon 
any judgment which may be entered in accordance with the 
order already made by the supreme court in suit Maurice J. 
Stevens against said United Gas and Electric Company, or 
which mav be recovered in said suit which is now pending in 
the superior court for Strafford county. 

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

° on passage. 

[Approved March 10, 1905, 11 :30 a. m.] 



648 



Chapters 231, 232. 



[1905 



CHAPTER 231. 



AN ACT IN AMENDMENT OF THE CHARTER OF THE DOVER GAS LIGHT 

COMPANY. 



Name 
changed. 



Takes effect 
on passage. 



Section 
1. Name changed. 



Section 
2. Takes effect on passage. 



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

Section i. That the Dover Gas Light Company, a cor- 
poration established by an act of the legislature at the June 
session, 1850, be and hereby is authorized to change its name 
to Interstate Gas and Electric Company by a majority vote of 
its stockholders at a meeting duly called for that purpose, and 
by recording a certified copy of such vote in the office of the 
secretary of state and in the office of the clerk of the city which 
is the company's principal place of business. 

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

[Approved March 10, 1905, 11 140 a. m.J 



CHAPTER 232. 

AN ACT TO INCORPORATE THE NEW ENGLAND BREEDERS' CLUB. 



Section 

1. Corporation constituted; purposes. 

2. Capital stock. 

3. May hold fairs, etc. 

4. To maintain police on grounds. 

5. To prohibit betting on grounds. 

6. Grounds to be placarded. 



Section 

7. Penalty for making bet on grounds. 

8. Penalty for making pools on grounds 

9. Rules for orderly conduct. 

10. First meeting. 

11. Takes effect on passage. 



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

Corporation SECTION I. Thomas NclsoH Hastings, Nathaniel Doane, 
pSsel^"*' Charles T. McNally, Frank A. Christie, and Frank H. Win- 
gate, their associates and successors, are hereby made a body 
corporate by the name of the New England Breeders' Club, 
with all the powers and privileges incident to corporations of a 
similar nature, for the purpose of raising, importing, and 
improving the breed of, horses and other domestic animals in 
the State of New Hampshire. 
Capital stock. Sect. 2. Said corporation shall have a capital stock not tO' 
exceed five hundred thousand dollars ($500,000), divided into 
shares of the par value of one hundred dollars each, and may 
acquire and hold real estate for its own use not to exceed the- 



1905] Chapter 232. 649 

amount of its capital stock. The bonded or other indebtedness 
of said corporation shall at no time exceed one half of its capi- 
tal stock. After the capital stock shall have been fully paid in 
in cash and a certificate of such payment, verified by the oath 
of a majority of the directors, shall have been filed in the oflJice 
of the secretary of state, the private property of shareholders 
shall not be liable for the debts or obligations of the corpora- 
tion . 

Sect. 3. Said corporation may hold lairs, races and con- Mayhou 
tests of speed, skill and endurance, and offer purses, prizes, ^' ' 
premiums, or sweepstakes, and charge and receive entrance 
fees therefor. 

Sect. 4. It shall be the duty of said corporation to police To maintain 

I •/ 1 1 T>olicG on, 

its grounds and maintain order therein at its own expense by grounds, 
special police officers, suitably uniformed, and appointed by 
the selectmen of any town, or the mayor and aldermen of any 
city, in which some portion of the property of said corporation 
may be situated. Said police officers, when appointed, shall be 
vested with the powers of police officers or constables of the town 
or city in which the propert}^ of said corporation is situated. It 
shall be the duty of said police officers, w^hen appointed, to 
preserve order within and around the grounds of said corpora- 
tion, to protect the property within said grounds, to eject or 
arrest all persons who shall be improperly within said grounds, 
or who shall be guilty of disorderly conduct, or who shall neg- 
lect or refuse to pa}' the fees or to observe the rules prescribed 
by said corporation ; and it shall be the further duty of said 
police officers, when appointed, to prevent all violations of law 
wdth reference to pool-selling, book-making, and gambling, 
arrest any and all persons violating such provisions, and to 
convey such person or persons, so arrested, before a magis- 
trate having jurisdiction of such offense to be dealt with accord- 
ing to law. 

Sect. 5. It shall be the duty of said corporation to prohibit ^ettin^^on* 
the maintenance upon its grounds of any betting-ring, room, grounds, 
or enclosure for the placing of bets or wagers, for the selling 
of pools or making of books, or for any other device or system 
for placing bets, wagers or money upon the result of any trial 
or contest of speed or power of endurance taking place upon 
said grounds. 

Sect. 6. Said corporation shall cause to be properly posted Grounds to be 
in conspicuous position upon its grounds printed notices or ^ ^^^^ 
placards in large and legible type, which notices or placards 
shall be to the effect that all disorderly conduct, pool-selling, 
book-making, or any form of gambling is prohibited ; and such 
notices or placards shall contain a reference to the New Hamp- 
shire Public Statutes on the subject of gambling. 
17 



650 



Chapter 232. 



[1905 



Penalty for 
making bet 
on grounds. 



Penalty for 
making pools 
on grounds. 



Rules for 
orderlj' con- 
duct. 



First meeting. 



Takes effect 
on passage. 



Sect. 7. Any person, who, upon the grounds of said cor- 
poration, shall make or record, directly or indirectly, any bet 
or wager on the result of any trial or contest of speed or power 
of endurance taking place upon said grounds, shall forfeit the 
value of any property or money so wagered, received or held 
by him, to be recovered in a civil action by the person or per- 
sons with whom such wager is m.ade, or by whom such money 
or property is deposited. This penalty is exclusive of all other 
penalties prescribed by law for the acts specified in this sec- 
tion. 

Sect. 8. Any person wlio, upon the grounds of said cor- 
poration, shall make or record, directly or indirectl}^ any sale 
or purchase of any pool, or interest therein, on the result of 
any trial or contest of speed or power of endurance taking 
place upon said grounds, shall forfeit the value of any pool or 
interest therein so wagered, received or held by him, to be 
recovered in a civil action by the person or persons with whom 
such sale or purchase of said pool or interest therein is made, 
or by whom any money for the sale or purchase of said pool, 
or any interest therein is deposited. This penalty is exclusive 
of all other penalties prescribed by law for the acts specified 
in this section. 

Sect. 9. It shall be the duty of said corporation to make, 
prescribe and entbrce rules and regulations for the orderly 
conduct of its business, and to prosecute all offenders against 
the laws of the state for acts committed upon its grounds. 

Sect. 10. Any three of the grantees may call 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 date of meeting. 

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

[Approved March 10, 1905.] 



STATE OF NEW HAMPSHIRE. 



Office of Secretary of State, 

Concord, June i, 1905. 

I hereby certify that the acts and resolves and changes of 
names contained in this pamphlet have been compared with the 
originals in this office, and found to be correctly printed. 

EDWARD N. PEARSON, 

Secretary of State. 



INDEX. 



INDKX 

TO 



NEW HAMPSHIRE LAWS 

PASSED JANUARY SESSION, 1905. 



Page 

Actions, transitoiy, where brought 512 

Administratiou of estate of non-resident, where granted 402 

Ahern, J. M., appropriation in favor of 549 

Alton, election proceedings legalized 611 

Alton Bay, deposit of waste in prohibited 406 

American Accident Association, charter amended 564 

Appropriation for buoys and lights in Squam lake 539 

in Winnipesaukee lake 539 

completion of forest survey 547 

deaf mutes and blind 522 

electric lights in Winnisquam lake 546 

Industrial School , 541 

Loon Island lighthouse (Sunapee lake) 540 

New Hampshire College of Agriculture 548 

School for Feeble-minded Childrpn.540, 542 

Soldiei's' Home 545 

State Hospital, additions to 519 

State Normal School, doi'mitory. . . . 538 

State Sanatorium 509 

permanent highway improvement 425 

removing boulders in Green's Basin 544 

state prison, improvements and repairs 539 

library 539 

salary of chaplain 539 

tuition in high schools 504 

widening Stone Dam narrows 544 

Appropi'iation in favor of Ahern, J. M 549 

Bent & Bush 549 

Bouvier, J. Edward 549 

Bradley, Ursula 549 

Brigham, George H 549 

Britton, A. H. & Co 549 

Brown, James H 549 

Brown, Orton B 537 

Brown, Orton W 543 

Bryant, Henry E 549 



656 



INDEX. 



[1905 



Appropriation in favor of Burbeck, James 549 

Burke, Richard P 549 

Calvert, Edgar H 549 

Carter, George E 549 

Carter, James Richard 542 

Churchill, Winston 537 

Clancy, Katherine 549 

Clark, Mildred B 549 

Clarke, Kate F 549 

Clay, Samuel A 550 

Clement, Morris T 549 

Clifford, Cornelius E 549 

Coffin, John Edward 549 

Cooper, James M 550 

Critchett, William W 549 

Currier, Ernest C 550 

Currier, Hiram E 536 

Dartmouth College 538 

Daughters of American Revolution 546 

Davis, Albert P ' 549 

Derby, J. C 549 

Dodge, Amos 549 

Dunlap, W. H. & Co 549 

Durrell, Henry G 550 

Eastman, Edson C 549 

Eastman, Samuel C 537 

Fitzpatrick, Martin 550 

Folsom, Channing 547 

Ford, Charles S ^. . . . 536 

Foster, George J. & Co 549 

Fowler, George W 549 

Gibson, W. C 549 

Gilmore, George C 549 

Glennon, Joseph A 549 

Gordon, Earle C 536 

Graf, J. Adam 587 

Granite State Dairymen's Association 541 

Granite State Deaf Mute Mission 545 

Herald Publishing Co 549 

Hill, George Vernon 549 

Hortou, George E 549 

Hunt, Edwin P 536 

Huse, Merritt C 549 

Ingalls, Horace L 550 

J. M. Stewart & Sons Co 549 

Jenks, Walter L. & Co 550 

John B. Clarke Co 549 

Keeler, I. Eugene 549 

Kennett, A. C 537 

Lambert, Jolm T 549 

Langmaid, Mary T 550 

Laughlin, James A 549 

Law, John K 549 

Laws, William H 550 

Leighton, Fred 549 



1905] 



INDEX. 657 



Appi'opriation in favoi' of Libby, Jesse M 550 

Lonf^a, Horatio W 536 

Lovejoy, Warren W 536 

Lowry, John W 550 

Mathews, H. 549 

Matthews & Sawyer 549, 550 

McElwain, Herbert A 536 

McQuaid, Ellas A 549 

Merrill, Robert J 549 

Metcalf, Henry H 549 

Monitor and Statesman 549 

Morrison, Adelaide 550 

Mount Pleasant Hotel Co 543 

Murray, Robert F., widow of 535 

Nason, Edward N 550 

Nelson, Howard 549 

Pearson, Harlan C 549 

People & Patriot Co 549 

Phillips, Lewis W 549 

Rainville, George A 549 

Robinson, Allan H 549 

Shackford, Frank M 549 

Stanley, William S 549 

Star Stamp Co 549 

Swain, C. H. & Co 549 

Thorp, Louis A 550 

Times Publishing Co 549 

Union Publishing Co 549 

Upton, Donald P 536 

Waite, Harrie E 549 

Weston, William H 549 

Wilson, Jesse M 549 

Woodworth, Albert B 537 

Yeaton, Harry S 548 

Young, Harrie M 550 

Young, John 549 

Association Canado-Americaine 555 

Attachment of bulky articles, how made 438 

waste of such property after attachment; penalty 439 

Attorney-general may appoint substitute for county solicitor, when. . . . 530 

may employ clerical assistance in liquor prosecutions 532 

to bring actions on bonds of liquor licensees 532 

to cause enforcement of law against drunkenness. . . . 521 

to investigate alleged liquor violations 530 

to proceed against delinquent county solicitor 531 

to supervise certain liquor prosecutions 529 

Automobiles, operation of regulated 498-502 

" automobile " and " motor cycle " defined 498 

brakes, mufflers, horns and lights 500 

fees to be paid into state treasury 502 

highways not to be used unless ])rovisions of act complied with 500 

license of operators ; fee 499 

of operators for hire; fee 499, 500 

management of machines in proximity to horses 501 

number plates, issuance and display of 498, 500 



658 INDEX. [1905 

Automobiles, opei-ation of machines by non-residents 500 

operator unlicensed, prima facie evidence of negligence 502 

penalties for sundry violations 501 

permits for speed and endurance trials 502 

registration by manufacturer or dealer; fee 499 

by owner, etc. ; fee 49& 

revocation of license for violation of law 501, 502 

speed regulations 501 

Bail commissioners, fees of 403 

Bank commissioners, building and loan associations to be approved by 417 

may employ additional experts 415 

one member to be appointed chairman 415 

Bank receiver, appointment of 469 

Bastards and issue heirs of mother and her kindred 400^ 

Beacons, injury or improper use of; penalty 526 

Belknap county may acquire courthouse lot by right of eminent domain 520 
Benevolent and Protective Order of Elks of Manchester, N. H., char- 
ter of 642 

Bent & Bushj appropriation in favor of 549 

Berlin, police commission established 566 

Bethlehem village district, water commission established 560 

Black bass, protection in Sunapee lake 527 

Boats, when and where taxed 414 

Bond of trust company treasurer, when required 419 

Bounty on hedgehogs repealed 439 

Bouvier, J. Edward, appropriation in favor of 549 

Bradley, Ursula, appropriation in favor of 549 

Bretton Woods Co 558 

Brickmaker, lien of 463 

Bridge commission created 533 . 

Brigham, George H., appropriation in favor of 549 

Britton, A. H. & Co., appropriation in favor of .549 

Brown, James H., appropriation in favor of 549 

Brown, Orton B., appropriation in favor of , .537 

Brown, Orton W., appropriation in favor of 543 

Brown-tail moth, appropriations for extermination authorized 410 

Bryant, Henry E., appropriation in favor of 549 

Building and loan associations to receive approval of bank commis- 
sioners 417 

Bulky articles, attachment of, how made 438 

waste of, after attachment; penalty 439 

Buoys, injury or improper use of; penalty .526 

Burbeck, James, appropriation in favor of 549 

Burke, Eichard P., appropriation in favor of 549 

Calveet, Edgar H., appropriation in favor of 549 

Capital Fire Insurance Co., powers enlarged 617 

Caribou, transportation of by common carrier prohibited; penalty 495 

Carter, George E., appropriation in favor of 549 

Carter, James Richard, appropriation in favor of .542 

Caucuses, conduct of; act in force where 511 

ballot and check-list to be used 510 

check-list, preparation of 510 

preservation of 511 

executive committees of parties to regulate ballots, etc 511 



1905] INDEX. ' 659 

Caucuses, nominations, legality of to be certified 511 

to bo determined by plurality vote 510 

notice of caucus, when and how given 510 

polls to remain open, how long 510 

to nominate state officers, when held 525 

who may vote ; irregular voting prohibited ; penalty 511 

Cercle Marquette, Canadien-Francaise-Independant of Nashua, New 

Hampshire, charter of 612 

Charlestown Water & Sewer Co. , charter of 599 

Churchill, Winston, appropriation in favor of 537 

Cider vinegar substitutes, sale of prohibited ; penalty 532 

Cit}' councils may make appropriations for extermination of brown- 
tail moth 410 

may establish sprinkling districts 404 

Clancy, Katherine, appropriation in favor of 549 

Clare mont, terms of office of water commissioneis 621 

Ciaremont Gas Light Co., charter amended 579 

Claremont school district, issue of bonds authorized 562 

Clark, Mildred B., appropriation in favor of 549 

Clarke, Kate F., appropriation in favor of 549 

Clay, Samuel A., appropriation in favor of 550 

Clement, Morris T., appropriation in favor of 549 

Clifford, Cornelius E., appropriation in favor of 549 

Coffin, John Edward, appropriation in favor of 549 

Collateral legacies and successions, taxation of 432-436 

account of administration not allowed until tax paid 435 

action by state treasurer to recover tax 435 

administration on petition of state treasurer 435 

certain devises in remainder, how taxed 432 

delivery of assets to foreign administrator, etc 435 

gifts and bequests to executors, 'etc., how taxed. 433 

inventory and appraisal to state treasurer 434 

inventory to be filed ; penalty for neglect 434 

jurisdiction of probate court 435 

legacy for limited period, how taxed 433 

real estate, procedure when subject to tax 434 

sale of real estate to pay tax 434 

state treasurer party to petition by foreign executor 436 

to pay expenses of execution of act 436 

to provide books and blanks 436 

stock of domestic corporation, procedure when transferred by for- 
eign executor, etc 435 

tax, how paid if legacy charged upon realty 433 

to be deducted by executor, etc 433 

when payable 433 

when to be refunded 434 

valuation of property 434 

what legacies and inheritances taxable 432 

Colt subject to lien for stallion service 420 

Concord & Montreal Railroad may acquire Nashua, Acton & Boston 

Railroad 557 

Concord, Dover & Rochester Street Railway, charter extended 586 

Congregational Society in Plaistow and Ministerial Fund in Plaistow, 
name changed to Evangelical Congregational Church of Plaistow, 

N. H., and North Parish, of Haverhill, Mass 592 



660 INDEX [1905 

Consumptives, deaths and removals of, to be reported 410 

premises occupied by, to be cleansed 410 

sanatorium for. See New Hampshire State Sanatorium 

Convention to nominate state officers, when held 525 

Convict, arrest of for violation of permit 479 

notice of release on parole 479 

recommittal to serve remainder of sentence 479 

revocation of permit 479 

Cooper, James M., appropriation in favor of 550 

Coos & Essex Agricultural Society, charter of 639 

Coos & Essex Water Co., charter revived and amended 614 

Coos county, action of county convention ratified 478 

judicial districts abolished 427 

may acquire courthouse lot by right of eminent domain. . . 477 

salary of judge of probate 512 

terms of superior court 427 

Coos County Telephone Co., charter of 619 

Copies and briefs in supreme court, how furnished 405 

" Coroner " stricken out of certain statutes 466, 467 

Corporations : 

American Accident Association, charter amended 564 

Benevolent and Protective Order of Elks of Manchester, N. H., 

charter of 642 

Capital Fire Insurance Co., powers enlarged 617 

Cercle Marquette, Canadien-Francaise-Independant of Nashua, 

New Hampshire, charter of 612 

Charlestown Water & Sewer Co., charter of 599 

Claremont Gas Light Co., charter amended 579 

Concord & Montreal Eailroad may acquire Nashua, Acton & Boston 

Kailroad 557 

Concord, Dover & Rochester Street Eailway, charter extended. 586 

Congregational Society in Plaistow and Ministerial Fund in Plais- 
tow, name changed to Evangelical Congregational Church of 

Plaistow, N. H., and North Parish of Haverhill, Mass 592 

Coos & Essex Agricultural Society, charter of 639 

Coos & Essex Water Co., charter revived and amended 614 

Coos County Telephone Co., charter of 619 

Derry & Salem Street Railway Co., charter extended 585 

Derry Gas Light Co., charter of 603 

Division No. 7, Ancient Order of Hibernians, of Manchester, 

N. H., charter of 602 

Dover Gas Light Co. may change name to Interstate Gas & Elec- 
tric Co 648 

purchase of certain property and franchises au- 
thorized 628 

Dunbarton & Goffstown Street Railway Co., charter extended 585 

Eastern Fire Insurance Co. of New Hampshire, charter confirmed 

and amended 630 

Farms Cemetery, name changed to Hills Farms Cemetery 565 

First Congregational Church of Wolfeborough, incorporation con- 
firmed and powers enlarged 591 

Golf's Falls, Litchfield & Hudson Street Railway Co., charter ex- 
tended 607 

Hayes Cemetery Association, charter of 597 

Hudson Water Co., charter of 581 



1905] INDEX. 661 

Corporations : 

Keai'sarge Mountain Electric Railway Co., charter extended 588 

Keene Electric Railway Co., charter revived and extended 634 

Keene Gas & Electric Co., capital stock increased 572 

Keene, Marlow & Newport Electric Railway Co., charter extended. 58S 

Laconia Power Co., charter of 635 

Lake Sunapee Protective Corporation may establish hatcheries 527 

L' Association Canado-Ainericaine, name changed to Association 

Canado-Americaine ; charter amended 555 

L'Union Canadienne de Manchester, N. H., charter amended 571 

L'Union St. Jean Baptiste Society in Nashua, capital stock author- 
ized 644 

Manchester & Haverhill Street Railway Co., charter extended 608 

Meredith & Ossipee Valley Railroad Co., charter extended 589 

Monroe Water Power Co. , charter of 608 

Mount Pleasant Hotel Co., name changed to Bretton Woods Co 558 

Nashua & Hollis Electric Railroad Co., charter extended 586 

Nashua Light, Heat & Power Co., cai>ital stock increased 603 

Nashua Trust Co., charter amended 572 

New England Breeders' Club, charter of 648 

New Hampshire Conference Preachers' Aid Society of the Meth- 
odist Episcopal Church, charter amended 587 

North Conway & Mount Kearsarge Railroad, charter extended 589 

Nutfield Savings Bank of Derry, charter of 617 

Peerless Casualty Co., capital stock increased 647 

People's Church at Laconia, in the County of Belknap, name 

changed to First Christian Church of Laconia, New Hampshire. . 570 

Pittsfield Loan & Trust Co., first meeting, how called 688 

Suncook Water Worljs Co., extension of system authorized 590 

Troy and Fitzwilliam Light & Power Co., charter confirmed and 

extended 645 

Trustees New Hampshire Sanatorium, corporation constituted. .... 507 

Uncanoonuc Incline Railway & Development Co., chai'ter extended 588 

may physically unite with Manchester Street Railway 573 

United Gas & Electric Co., transfer of property and franchises au-^ 

thorized 647 

Upper Coos & Exeter Water Co., charter of 631 

Walpole Electric Light & Power Co., po wers enlarged 638 

Corporations, mortgages of after-acquired property by 525 

mortgages of franchises by 475 

trading-stamp companies not to be formed under general 

law 481 

Costs for briefs in supreme court, how taxed 405 

Councilors, compensation of 524 

County, expense of persons committed for drunkenness, charge upon. . 521 

County offices may be closed during Saturday afternoons and holidays. 431 

County solicitor, assignment of substitute for 530 

charge of delinquency against, how and when made. . 530 

compensation of substitute in liquor prosecution 531 

delinquency of, in liquor prosecution, cause for dis- 
barment 531 

not to act as attorney for liquor dealers 530 

special compensation of, in liquor prosecutions 531 

to appoint substitute for medical referee 472 

to audit accounts of medical referees 474 



662 INDEX. [1905 

County solicitor, to enforce law against drunkenness, when 521 

to prosecute liquor offenders in no-license territory. . . 530 

Critchett, William W., appropriation in favor of 549 

Cruelty to animals, fines for use of pi-osecuting society 414 

Currier, Ernest C, appropriation in favor of 550 

Currier, Hiram E., appropriation in favor of 536 

Dartmouth College, appropriation in favor of 538 

Daughters of American Revolution, appropriation in favor of 546 

Davis, Albert P., appropriation in favor of 549 

Deer protected 495 

transportation of regulated 429, 495 

Demand for rent, how made upon lessee 470 

Depository, protection in action against, for property of third person. .475, 476 

Dei'by, J. C, appropriation in favor of 549 

Derry, superior court trials at, upon request 485 

Derry & Salem Street Railway Co., charter extended 585 

Derry Gas Light Co., charter of 603 

Distributive share of widow 407 

Division No. 7, Ancient Order of Hibernians, of Manchester, N. H., 

charter of 602 

Dodge, Amos, appropriation in favor of 549 

Dog, right to kill when chasing deer revoked 495 

Dover, duties of street and park commissioners 644 

exemption of United Gas and Electric Co. ratified 645 

may erect and maintain Wentworth Hospital 568 

police force, organization and compensation 563 

Dover Gas Light Co., may change name to Interstate Gas & Electric Co. 648 

purchase of certain property and franchises authorized 628 

Drunkenness, enforcement of law prohibiting 521 

expense of persons committed for, charge upon county.. 521 

Dunbarton & GofTstown Street Railway Co., charter extended 585 

Dunlap, W. H. <fe Co., appropriation in favor of 549 

Durrell, Henry G., appropriation in favor of 550 

Eastern Fire Insurance Co. of New Hampshire, charter confirmed 

and amended 630 

Eastman, Edson C, appropriation in favor of , . 549 

Eastman, Samuel C, appropriation in favor of 537 

Electric power and light plants, taxation of 437 

Elk, transportation of by common carrier pi'ohibited; penalty 495 

Embezzlement from fraternal associations, etc.; penalty 397 

Engrossed bills, etc., may be type-written 401 

Enumeration of school children, when to be made 505 

Evangelical Congregational Church of Plaistow, N. H., and North 

Parish of Haverhill, Mass 592 

Execution sale of real estate, notice to debtor 409 

Exemption of females from arrest 441 

Explosive placed on railway track ; penalty 478 

Farms Cemetery, name changed to Hills Farms Cemetery 565 

Fawn, protection removed 495 

Fees for license of automobile operators 499, 500 

for license of insurance brokers 417 

for license of liquor dealers 445 

for license of non-resident hunters 430 



1905] 



INDEX. 663 



Fees for license of trading-stamp companies 489, 491 

for registration of automobiles, etc 498, 499 

of bail commissioners 403 

of medical referees 467, 474 

of steamboat inspectors 460 

of town clerks for perfecting vital statistics ... 412 

of witnesses before license commissioners 456 

of witnesses before medical referees 467 

Females exempt from arrest in certain cases 441 

Fines for cruelty to animals paid to prosecuting society 414 

Firemen and apparatus have right of way; penalty for obstruction 478 

First Christian Church of Laconia, New Hampshire 570 

First Congregational Church of Wolfeborough, incorporation confirmed 

and powers enlarged 591 

Fish and Game: 

certain provisions not applicable to scientists 495 

deer protected 495 

transportation of regulated 495 

fawn, protection removed 495 

loons, their eggs and young, protected 420 

Lyme pond closed to ice fishing 400 

moose, caribou, and elk, transportation by common carrier prohib- 
ited ; penalty 495 

Non-resident hunters, licensing of: 

arrest for failure to exhibit license 430 

Blue Mt. Forest Ass'n not affected 431 

change in engrossed act authorized 497 

exportation of game birds by licensee 430 

hunting without license prohibited; penalty 428 

license, fee for; fund, how expended 430 

how issued ; form of 429 

to be signed and carried by licensee 429 

to have coupons for transportation of deer 429 

owner of realty valued at $500 exempt 429 

transportation of deer by licensee 429 

violation by common carrier; penalty 430 

partridge protected 496 

quail protected 496 

right to kill deer-chasing dog revoked 495 

ruffed grouse protected 496 

snipe protected 496 

Sunapee lake, black bass protected 527 

establishment and control of hatcheries 527 

number of fishing lines restricted 482 

pickerel not protected 527 

taking of birds, etc., for scientific purposes 496 

swivel and punt guns, use prohibited; penalty 515 

trout protected in Big Diamond pond 418 

in Carter Notch ponds 503 

in Ellis river tributaries 503 

in Nathan poud 418 

in Saco river branches 503 

in Wildcat river tributaries 503 

woodcock protected 496 

Fitzpatrick, Martin, appropriation in favor of 550 



664 INDEX. [1905 

Folsom, Channinjif, appropriation in favor of 547 

Ford, Charles S., appropriation in favor of 536 

Forest fire, neglect to report or extinguish; penalty 515 

Forest fire wardens, appointment, duties, and compensation 514, 515 

chiefs of fire departments to be 513 

compensation of persons assisting, how paid 514 

may demand assistance ". 514 

neglect of duty by ; penalty 515 

right to arrest 514 

to report to forestry commission and county soli- 
citors 514 

Forest survey, appropriation for completion of . . 547 

Foresti'y commission, appointment of forest fire wardens by 514, 515 

Foster, George J. & Co., appropriation in favor of 549 

Fowler, George W., appropriation in favor of 549 

Gibson, W. C, appropriation in favor of 549 

Gilmore, George C, appropriation in favor of 549 

Glennon, Joseph A., appropriation in favor of 549 

Golf's Falls, Litchfield & Hudson Street Kailway Co., charter extended 607 

Gordon, Earle C, appropriation in favor of 536 

Gorham, water- works authorized 593 

Governor to appoint bridge commission 533 

steamboat inspectors 457 

trustees of state sanatorium 506 

to designate one bank commissioner as chairman 415 

Governor and council may authorize emergency purchases without bids 535 
may take land and material for highway improv- 

ment 424 

to appoint state highway engineer 421 

to apportion money for highway improvement. . . 423 
to direct construction and maintenance of state 

highways 425 

to furnish specifications for highway work 424 

to license trading-stamij companies and fix fees 

489, 490, 491 

to make biennial report of highway improvement 422 

to procure plans and surveys of state highways. . 426 

to supervise state highway improvement 421 

Governor's council, compensation of 524 

Graf, J. Adam, appropriation in favor of 537 

Granite State Dairymen's Association, appropriation in favor of 541 

Granite State Deaf Mute Mission, appropriation in favor of 545 

Green's Basin, appropriation for removing boulders 544 

Guardian may lease ward's real estate, when 406 

may resign his trust 413 

Hanover village precinct, adoption of act by ^ 611 

powers of commissioners 610 

pui'chase or lease of land by 611 

Hayes Cemetery Association, charter of 597 

Hedgehogs, bounty on repealed 439 

Herald Publishing Co., appropriation in favor of 549 

High schools, annual state appropriation for tuition in 504 

how discontinued or relocated 411 

if established to be maintained 482 



1905] INDEX. 665 

Hiffh scliools, school district may contract for tuition in 505 

" Hi^li school " or " academy " defined 411 

Highways, See State Iligliways. 

Highways, permanent improvement of 421-426 

additional state aid for, how secured 422 

annual appropriation of $125,000 for six years 425 

appropriations by towns and counties 422 

award of contracts on competitive bids 424 

expenditure of joint fund 423 

governor and council may exercise riglit of eminent domain 424 

to appoint state engineer, etc 421 

to apportion additional state aid 423 

to furnish specifications for work 424 

to make biennial report 422 

improved highways to be maintained by towns 424 

supervision and control of work, in whom vested 421, 422 

Hill, George Vernon, appropriation in favor of 549 

Hills Farms Cemetery 565 

Horton, George E., appropriation in favor of 549 

Hudson Water Co., charter of 581 

Hunt, Edwin P., appropriation in favor of 536 

Huse, Merritt C, appropriation in favor of 549 

Illiterate voters, examination of 468 

Industrial School, appropriation for 541 

Ingalls, Horace L., appropriation in favor of 550 

Inheritance tax. See Collateral legacies. 

Insurance brokers, licensing of 417 

Insurance company chargeable with broker's knowledge 417 

clerk, etc., of foreign company need not procure license 417 

taxation of foreign companies 523 

Intoxicating liquor, sale regulated 442-456 

bond of licensee, action on, how brought 532 

certain persons not to sell or serve liquor 451 

classification of licenses 443 

distribution of fees and forfeitures 449 

fees for licenses 445 

fraudulent certificate or prescription; penalty 454 

hours and days of sale regulated 450 

illegal sale of liquor; penalty 440, 455, 456, 528 

" liquor " defined 442 

liability- for sale to habitual drunkard after notice 454 

service and return of notice, how made 455 

license commissioners may compel attendance of witnesses 456 

to prescribe regulations in certain cases 455 

licenses not granted for certain locations 448 

to certain persons 446 

prosecution for sale in no-license territory, attorney general supe- 
rior authority 529 

complaints, how and by whom made 530 

county solicitor, charge of delinquency against 530 

not to act as attorney for liquor dealer 530 

speci il compensation of 531 

substitute for, when and how appointed 531 

to have immediate charge of prosecutions 530 

18 



666 



INDEX. 



[1905 



Intoxicating liquor, sale regulated: 

" no-license " territory defined 530 

sheriffs and deputies to investigate 531 

records of druggists, etc., who may inspect 454 

sale and surrender of license by administrator 4.50 

sales by druggists regulated 452 

by hardware dealers, etc., regulated 452 

to certain persons jjrohibited 450 

special agents, powers and duties of 443 

town to pay rebate for surrendered license, when 450 

J. M. Stewart & Sons Co.. appropriation in favor of 549 

Jenks, Walter L. & Co., appropriation in favor of 550 

John B. Clarke Co., appropriation in favor of 549 

Junk dealers, licensing of 484 

Kearsarge Mountain Electric Railway Co., charter extended 588 

Keeler, I. Eugene, appropriation in favor of 549 

Keene, police commission established 558 

Keene Electric Railway Co., charter revived and extended 634 

Keene Gas & Electric Co., capital stock increased 572 

Keene, Marlow & Newport Electric Railway Co., charter extended 583 

Kennett, A. C, appropriation in favor of 537 

Labor, hours for women, etc., regulated 518 

Laborer on building, lien of 436 

Laconia Power Co., charter of 635 

Lake Sunapee Protective Corporation may establish hatcheries 527 

Lambert, John T., appropriation in favor of 549 

Langmaid, Mary T., appropriation in favor of 550 

L' Association Canado-Americaine, name changed to Association Can- 

ado-Americaine; charter amended 555 

Laughlin, James A., appropriation in favor of 549 

Launches, when and where taxed 614 

Law, John K., appropriation in favor of 549 

Laws, William H., appropriation in favor of ^ 550 

Leigh ton, Fred, appropriation in favor of 549 

Libby, Jesse M., appropriation in favor of 550 

License of automobiles. See Automobiles, operation of. 

of insurance brokers 417 

of junk dealers 484 

of liquor dealers. See Intoxicating liquor. 

of motor cycles. See Automobiles, operation of. 

of non-resident hunters. See Fish and game. 

of steamboats. *See Steamboats, inspection of. 

of trading-stamp companies, iSee Trading-stamps. 

Lien for stallion service, colt subject to 420 

of brickmakers, etc 468 

of laborer on building 436 

Lily lake 486 

Louga, Horatio W., appropriation in favor of 536 

Loon Island lighthouse (Sunapee lake), appropriation for 540 

Loons, their eggs and young, protected 420 

Lovejoy, Warren W., appropriation in favor of 536 

Lowry, John W., appropriation in favor of 550 

L'Union Canadienue de Manchester, N. H., charter amended 571 



1905] INDEX. 667 

L' Union St. Jean Baptiste Society in Nashua, capital stock authorized. 644 

Lyme pond closed to ice tisliing 400 

Manchesteu, employment certificates in, how granted 613 

enumeration of school children in 614 

health inspectors may arrest, when 584 

may exempt realty of Manchester Art Association from 

taxation 607 

Manchester & Haverhill Street Railway Co., charter extended 608 

Maple sugar substitutes, sale of prohibited ; penalty 532 

Mathews, H. O., appropriation in favor of 549 

Matthews & Sawyer, appropriation in favor of 549, 550 

McElwain, Herbert A., appropriation in favor of 536 

McQuaid, Elias A., appropriation in favor of 549 

Medical referees, appointment of substitutes for 472 

examination of bodies by, when and how made 472 

fees of 467, 474 

fees of witnesses for attendance before 467 

inquests, when held and how conducted 474 

report of natural death by, not conclusive 474 

service of process by 466, 467 

Meredith & Ossipee Valley Railroad Co., charter extended 589 

Merrill, Robert J., appropriation in favor of 549 

Metcalf, Henry H., appropriation in favor of 549 

Militia. See New Hampshire National Guard. 

Milton, disposition of trust funds authorized 589 

Ministerial fund in Plaistow, transfer of funds authorized 593 

Mink brook (Hanover), deposit of waste in prohibited 483 

Minor, neglect of parents to support; penalty 523 

Monitor and Statesman, appropriation in favor of 549 

Monroe Water Power Co., charter of 608 

Moose, transportation of by common carrier prohibited; penalty 495 

Morrison, Adelaide, appropriation in favor of 550 

Mortgage, discharge of to be given and recorded 428 

notice of sale under power, how given 398 

of after-acquired corporate property 525 

of corporate franchises 475 

Motor cycles, operation of. See Automobiles, operation of. 

Mount Pleasant Hotel Co., appropriation in favor of 543 

name changed to Bretton Woods Co 558 

Murray, Robert F., appropi'iation in favor of widow 535 

Names changed : 

by probate courts 550-554 

Congregational Society in Plaistow and Ministerial Fund in Plais- 
tow, to Evangelical Congregational Church of Plaistow, N. H., 

and North Parish of Haverhill, Mass 592 

Farms Cemetery, to Hills Farms Cemetery 565 

L' Association Canado-Americaine, to Association Canado-Ameri- 

caine 555 

Mount Pleasant Hotel Co., to Bretton Woods Co 558 

People's Church at Laconia in the County of Belknap, to First 

Christian Church of Laconia, New Hampshire 570 

Shaw's pond, to Lily lake 486 

Names may be changed by superior court in certain cases 402 

clerks. to transmit lis^t of changes to probate office 402 



668 INDEX. [1905 

Nashua, cemetery trustees may establish perpetual care fund 634 

police court lines payable to clerk 613 

Nashua & Hollis Electric Railroad Co., charter extended 586 

Nashua Light, Heat & Power Co., capital stock increased " 603 

Nashua Trust Co., charter amended 572 

Nasou, Edward N., appropriation in favor of 550 

National forest reserve approved 535 

Nelson, Howurd O., appropriation in favor of 549 

New England Breeders' Club, charter of 648 

New Hampshire College of Agriculture, appropriation for 548 

New Hampshire Conference Pi'eachers' Aid Society of the Methodist 

Episcopal Church, charter amended 587 

New Hampshire National Guard: 

band.s, how raised; instruments and uniforms of 463 

brevet rank, on whom conferred 464 

company drill 464 

competitive rifle practice 464 

date of organization 463 

■ descriptive book and enlistment papers , 462 

inspector of rifle practice, duties of 462 

pay of 464 

medical examiners of recruits 465 

medical officer of cavalry troop 465 

new enlistments in existing organization 463 

officers with active militia on peace footing 461 

order for raising company, when issued 462 

pay for attendance at rifle competitions 464 

regimental field and staff officers 462 

retired list, who may be placed upon 465 

uniforms, etc., of new company, how issued 463 

valid enlistment, what constitutes 463 

warning of parade, how given 464 

New Hampshire School for Feeble Minded Children, appropriation for.540, 542 

female inmates may remain after minority 413 

New Hampshire Soldiers' Home, appropriation for 545 

New Hampshire State Hospital, appropriation for additions 51& 

parole of inmates by superior court 517 

New Hampshire State Normal School, appropriation for dormitory 538 

New Hampshire State Siaatorium, establishment of .506-509 

act void if institution otherwise provided 509 

appropriation for, how provided 509 

audit of building expenses 508 

charges for support of patients 507 

treasurer, appointment and duties 508 

trustees, annual report of 508 

appointment and tenure of office 506 

compensation of 507 

constituted a corporation 507 

to report on site and erect building 506, 507 

Non-resident, administration of estate of, where granted 402 

hunting license of. See Fish and Game. 

notice of execution sale, how given to 409 

provision as to notice of marriage repealed 486 

North Conway and Mount Kearsarge Railroad, charter extended 589 

North Conway water precinct, water-works authorized 577 



1905] 



INDEX. 669 



\ 

North Ilampton, village district established G05 

Nutfield Savings Bank of Derry, charter of G17 

Obstkuction of lireniea and lire apparatus prohibited; penalty 478 

Paktkidge protected 496 

Pearson, Harlan C, ai^propriation in favor ©f 549 

Peerless Casualty Co., capital stock increased 047 

Penacook and Boscawen water jirecinct may refund indebtedness 643 

People & Patriot Co., ajJiDropriation in favor of 549 

People's Church at Laconia, in the County of Belknap, name changed 

• to First Christian Church of Laconia, New Hampshire 570 

Phillips, Lewis W., appi'opriation in favor of 549 

Pickerel not protected in Sunapee Lake 527 

Pinkham Notch road, closing in winter authorized 481 

Pittsfield Loan & Trust Co. ; first meeting, how called 638 

Plymouth, school-district meeting legalized 555 

Police to enforce law against drunkenness 521 

Police commissioners may hold other offices 416 

to enforce law against drunkenness 521 

Portable mills, how and where taxed 408 

Portsmouth, city charter amended 621-628 

Post Pond closed to ice fishing 400 

Probate court, administration of estate of non-resident 402 

may authorize guardian to lease real estate 406 

may permit guardian to resign 413 

Public Printing Commission, clerical assistance for 477 

may reduce number of copies of state 

publications 477 

Public statutes amended, etc. : 

chapter 10, section 27, discharge from state hospital 517 

12, section 10, secretary of board of agriculture. 513 

16, section 6, state loans, when and how effected 487 

26, section 1, county officers to give bonds 466 

32, section 7, corrected check list 467 

50, section 10, powers of city councils 404 

53, section 7, officers of village districts 516 

53, section 14, notice of election of firewards 516 

88, section 1, school tax 441 

92, section 3, dismissal of teachers 471 

92, section 4, dismissed teacher, liability to 471 

112, section 15, illegal sale of liquor 528 

119, inspection of boats, etc 460 

124, section 1, license of junk dealers 484 

141, section 10, lien of laborer on building 436 

141, section II, lien of brickmaker, etc 458 

162, section 3, appointment of bank commissioners 415 

162, section 4, salary of bank commissioners 415 

162, section 15, appointment of assignee of bank 469 

165, section 18, trust companies 419 

160, section 1, formation of building and loan association 417 

166, section 4, corporate existence of building and loan 

association 418 

169, section 14, taxation of foreign insurance companies... 523- 

177, section 18, power of guardian as to real estate 406 

180, section 14, hours of labor for women, etc 518 



670 INDEX. [1905 

Public statutes amended, etc.: 

182, section 8, administration, wliere granted 402 

195, section 10, widow's distributive sbare 407 

196, section 4, descent to bastard and issue 400 

204, section 14, copies and briefs in supreme court 405 

212, title amended - 466 

212, sections 4, 6, service of process by coroner 466 

212, section 16, penalty for neglect to serve writ 467 

216, section 1, transitory actions, where brought 512 

220, section 16, attachment of bulky articles 438 

221, section 1, exemption of females from arrest ' 441 

233, section 20, notice of execution sale of realty 409 

233, section 21, notice to non-resident debtor 409 

246, section 4, demand for rent if lease violated 470 

273, section 17, embezzlement by agents 397 

286, section 14, judges of probate 512 

286, section 21, compensation of councilors 544 

287, section 6, costs for briefs in supreme court 405 

287, section 13, fees of witnesses 467 

287, section 19, fees of coroners and constables 467 

Punt guns, use in hunting prohibited ; penalty 515 

Quail protected 496 

Railroad commissioners, appeal to, from decision of steamboat in* 

spectors 458,459 

to supervise inspection and licensing of 

steamboats 458 

Railway track, placing explosives on; penalty 478 

Rainville, George A., appropriation in favor of 549 

Receiver of bank, appointment of 469 

Rent of realty, how demanded of lessee 470 

Robinson, Allan H., appropriation in favor of ... 549 

Rochester, issue of ibonds authorized 568 

Ruffed grouse protected 496 

Rye, village district established 604 

Salary of judge of probate for Coos County 512 

judges of superior court 522 

of supreme court 522 

register of probate for Sullivan County 416 

Savings-bank book, illegal detention of 469 

issue of duplicate regulated ' 439 

Savings banks, investment of funds in municipal bonds 486 

in railroad securities 484 

Schools, amount and assessment of school tax 441 

annual enumeration of school children 505 

dismissal of teacher by school board 471 

district liable to dismissed teacher, when 471 

high schools, annual appropriation for tuition in 504 

how discontinued or relocated 411 

if established to be maintained 482 

school district may contract for tuition in 505 

" high school" or " academy " defined 411 

number of teachers in supervisory districts 528 

state superintendent, allowance of traveling expenses 471 



1905] 



INDEX. 671 



Session laws amended, etc. : 

1855, chapter 1,690, section 2, lines in Nashua police couit 613 

18G0, chapter 2,423, Claremont Gas Light Co 579 

1877, chapter 127, section 2, New Hampshire Conference Preachers' 

Aid Society of the Methodist Episcopal Church 587 

18S5, chapter 165, section 3, Manchester board of health 584 

190, section 1, Farms Cemetery 565 

1887, chapter 251, section 2, L'Union St. Jean Baptiste Society in 

Nashua 644 

287, section 1, Dover Gas Light Co 629 

1891, chapter 265, section 1, Nashua Trust Co 572 

1893, chapter 64, section 1, engrossment of bills 401 

243, cemetery in Nashua 634 

1895, chapter 5, power of guardian as to real estate 406 

37, section 5, fees of bail commissioners 403 

46, section 1, enumeration of school children 505 

59, section 37, militia officers on peace footing 461 

59, section 38, regimental Held and staff officers 462 

59, section 41, inspector of rifle practice 462 

59, section 43, order for raising company 462 

59, section 44, enlistment book and roll 462 

59, section 45, valid enlistment, what constitutes 463 

59, section 50, date of militia organization 463 

59, section 51, new enlistments in existing company. 463 

59, section 52, bands, their instruments, etc 463 

59, section 72, uniforms of new company 463 

59, section 75, company drill. ... 464 

59, section 77, competitive rifle practice 464 

59, section 93, warning of parade, how given 464 

59, section 101, pay of inspector of rifle practice 464 

59, section 103, pay for attendance at rifle competition 464 

59, section 130, brevet rank 464 

1897, chapter 78, section 4, certificates of nomination 525 

159, section 1, American Accident Association 564 

1899, chapter 19, section 3, power of sale mortgage 398 

46, section 1, fishing in Sunapee Lake 482 

77, section 4, supervisory districts 528 

88, regulations as to private boats 460 

198, Coos & Essex Water Co 615-617 

208, section 3, Walpole Electric Light & Power Co 638 

1901, chapter 36, section I, trout protected 418 

58, section 2, release of convict on permit 479 

66, section 1, mortgage of corporate jDroperty 525 

78, section 11, salaries of judges 522 

79, section 16, protection of deer 495 

79, section 18, protection of fawn 495 

79, section 21, deer-chasing dog 495 

79, section 31, transportation of moose, etc 495 

79, section 32, transportation of deer 495 

79, section 37, certain provisions not applicable to 

scientists 495 

79, section 38, birds, etc., for scientific purposes 496 

79, section 42, certain game birds protected 496 

84, public printing commission 477 

96, section 3, state appropriation for high schools. . . . 504 



672 INDEX. [1905 

Session laws amexided, etc. : 

96, section 4, "high school" or "academy" defined. 411 

102, section 1, School for Feeble-minded Children 413 

105, caucuses and conventions 511 

113, section 1, distributive share of widow 407 

114, section 1, investments of savings banks 484, 486 

188, section 1, L' Union Cauadienne de Manchester, 

N. H 571 

213, section 4, Pittsfield Loan & Trust Co 638 

225, section 5, Hanover village precinct 610 

225, section 8, Hanover village precinct 611 

236. Peerless Casualty Co 647 

1903, chapter 31, section 1, "high school" or "academy" defined. 411 

40, caucuses and conventions 511 

62, bounty on hedgehogs 439 

65, section 1, deaf mutes and blind . . 522 

66, section 1, stale tax for 1905 399 

87, killing of deer by non-resideuts 431 

92, section 1, closing of state offices 431 

93, section 1, notice by non-resident of intent to marry 486 

95, section 1, " liquor" defined 442 

95, section 5, special liquor agents 443 

95, section 6, classes of liquor licenses 443 

95, section 7, liquor license fees 444 

95, section 8, liquor licenses not granted to certain 

persons 446 

95, section 9, liquor licenses not granted for certain 

localities 448 

95, section 10, distribution of liquor license fees 449 

95, section 13, sale of liquor license by administrator 449 
95, section 15, sale of liquor to certain persons pro- 
hibited 450 

95, section 17, certain persons not to sell or serve 

liquor 451 

95, section 22, sale of liquor by druggists 452 

95, section 23, record of liquor sales by certain dealers 452 

95, section 24, liquor records of druggists, etc 454 

95, section 25, fraudulent liquor certificate, etc 454 

95, section 27, sale of liquor to liabitual drunkard 454 

95, section 33, illegal sale of liquor 456 

118, section 3, school district may contract for high 

school tuition 505 

122, section 1, illegal sale of liquor 440, 528 

125, section 1, deposit of state funds 480 

134, section 2, number of medical referees 472 

134, section 5, examination of bodies by medical 

referee 472 

134, section 7, inquests, when and how held 473 

134, section 8, report of natural death not conclusive.. 474 

134, section 12, audit of referees' acccounts 474 

1 189, section 4, Dover police force, etc 563 

223, section 2, Dover street and park commissioners . . 644 

249, section 13, Nashua & Hollis Electric Railroad Co. 586 

251, section 1, Wolfeborough water-works 598 

318, Walpole Electric Light & Power Co 638 



1905J 



INDEX. 673 



Shackfoi'fl, Frank M., appropriation in favor of 549 

Shaw's pond, name changed to Lily hike 486 

Snipe protected 496 

Sprinkling districts, city councils may establish 404 

Squam lake, appropriation for buoys and lights 539 

Stallion service, colt subject to lien for 420 

Stanley, William S., appropriation in favor of 549 

Star Stamp Co., appropriation in favor of 549 

State board of agriculture, secretary to collect and circulate certain 

information 518 

State funds, deposit of, in approved banks 480 

interest on, to remain in state treasury 480 

State highways: See, also. Highways, permanent improvement of, 

certain roads designated 425, 426 

governor and council to supervise 425 

surveys and plans to be made 426 

State loans, when and how effected 487 

State officers, expense accounts to be certilied under oath 485 

State prison, appropriation for improvements and repairs 539 

library 539 

salary of chaplain 539 

insufficiency of income, how met 539 

release of convicts on parole regulated 479 

State publications, governor may limit size 117 

governor and council may authorize special reports 117 

reduction in number of copies, how effected 477 

State superintendent of public instruction, allowance of traveling ex- 
penses 471 

State supplies, purchase of regulated 534 

State tax for 1905.' 399 

for 1906 and 1907 517 

State treasurer to deposit funds in approved banks 480 

Steamboats, inspection and licensing of 457-460 

appeal from decisions of inspector 458, 459 

employment of unlicensed officer; penalty 459 

examination and certification of officers 458, 459 

illegal assumption or neglect of duty ; penalty 459 

inspection districts created 457 

inspection of boat plying in two districts 457 

inspectors; appointment, duties, and fees 457, 460 

license revoked if boat unsafe 458 

owners to cause annual inspection 458 

passenger accommodation to be fixed 458 

private boats to carry lights ; penalty 459, 460 

railroad commissioners to make regulations 458 

taking excessive fee by inspector; penalty 460 

use of unlicensed boat; penalty 459 

Stewartstown, tax exemption legalized 562 

Stone Dam narrows, appropriation for widening 544 

Sullivan county, salary of register of probate 416 

Sunapee lake, fishing in. See Fish and game. 

Suncook Water-works Co., extension of system authorized 590 

Superior court, actions tried at Derry, upon request 485 

appeal to, from decision closing Pinkliam Notch road . . 481 

may appoint receiver for bank 469 



674 INDEX. [1905 

Superior court, may change name of divorced woman 402 

may discontinue or relocate high school 411 

may grant relief if savings-bank book lost 440 

may parole inmates of State Hospital , 517 

salaries of and allowances to judges 522 

terras for Coos county 427 

Supervisors to correct check-list 467 

to examine applicants for illiteracy 468 

Supervisory school district, number of teachers in 528 

Supreme court, copies and briefs in, how to be furnished 405 

costs for briefs in, how taxed 405 

salaries of and allovrances to judges 522 

Swain, C. H. & Co., appropriation in favor of 549 

Swift river (Tamworth), deposit of waste in prohibited 483 

Swivel guns, use in hunting prohibited; penalty 515 

Tax, for schools, amount and assessment 441 

state tax for 1905 399 

for 1906 and 1907 517 

Taxation of boats and launches 414 

of electric light and power plants 437 

of foreign insurance companies 523 

of inheritances. See Collateral legacies, 

of portable mills 408 

of trading-stamp companies 493 

of trading-stamp distributors 492 

Thorp, Louis A., appropriation in favor of 550 

Times Publishing Co., appropriation in favor of 549 

Town clerks to assist in perfecting vital statistics 412 

Towns may make appropriations for extermination of bi'own-tail moth 410 

to maintain established high schools 482 

Trading-stamps, issuance and use regulated 488-494 

coupons to have value printed thereon 491 

distributor liable if company fails to redeem stamps 492 

license, application for, to contain what 488, 490 

issuance, expiration, and revocation of; fees 489, 491 

trading-stamp company to procure 488, 490 

penalty for issuance of illegal coupons 494 

for neglect to make return for taxation 493, 494 

for transaction of business without license 490 

for violations of sundry i^rovisions 492 

service on foreign company, how made 494 

taxation of distributor 492 

of trading-stamp company 493 

returns for taxation 492, 493 

Trading-stamp corporations, formation under general law prohibited. . . 481 

Trout protected in Big Diamond pond 418 

in Carter Notch ponds 503 

in Ellis river tributaries 503 

in Nathan pond 418 

in Saco river branches 503 

in Wildcat river ti'ibutaries 503 

Troy and Fitzwilliam Light & Power Co., charter confirmed and ex- 
tended 645 

Trust Company treasurer to give bond, when 419 



1905] 



INDEX. 675 



Uncanooxuc Incline Railway and Development Co., charter extended 588 

may i^hysically unite witli Manchester Street Railway .573 

Union Publishinjic Co., appropriation in favor of 549 

Union river, deposit of waste in proliibited 503 

United Gas & Electric Co., tax exemption ratified 645 

transfer of jiroperty and franchises authorized 647 

Upper Coos & Essex Water Co., charter of 631 

Upton, Donald P., appropriation in favor of 536 

Village districts, appointment of fire en^^ineers in 516 

Vital statistics, records to be perfected 412 

Waite, Harrie E., appropriation in favor of 549 

Walpole Electric Light & Power Co., powers enlarged 638 

Waste matter, deposit proliibited in Alton bay 406 

in Mink brook (Hanover) 483 

in Swift river and tributaries 483 

in Union river 503 

Weare, election proceedings legalized 571 

Wentworth Hosijital, Dover may erect and maintain 568 

Weston, William H., appropriation in favor of 549 

Widow, distributive share of 407 

Wilson, Jesse M., appropriation in favor of 549 

Wilton, water-works authorized 574 

Winnipesaukee lake, appropriation for buoys and lights .5.39 

Winnisquam lake, appropriation for electric lights 546 

Wolfeborough, water-works under control of selectmen 598 

Woodcock protected 496 

Woodstock, electric light and power plant authorized 641 

Woodworth, Albert B., appi'oijriation in favor of 537 

Ye AXON, Harry S., appropriation in favor of 548 

Young, Harrie M., appropriation in favor of.. 550 

Young, John, appropriation in favor of 549 



I 



OKNERAL INDEX 

TO 

NEW HAMPSHIRE LAWS 

PASSED AT THE 

January Sessions of 1903 and 1905. 



Abatement of tax if timber trees planted 127 

if wide tires substituted 55 

Actions, transitory, where brought 512 

Adjutant-general to give bond in sum of $5,000 78 

Administration of estate of non-resident, where granted 402 

Administrator, resignation of 29 

Administrators, gv^ardians, etc., embezzlement by; penalty 18 

Ahern, J. M., appropriation in favor of 549 

Albany, highway appropriation for 51 

Alpha Delta Phi Society, charter amended 238 

Alton, election proceedings legalized 611 

Alton & Gilmanton Electric Railway Co., charter extended 355 

Alton bay, deposit of waste in prohibited 406 

American Accident Association, charter amended 564 

Ammonoosuc river, deposit of waste in prohibited 9 

Androscoggin Hospital Association, charter amended 268 

Appalachian Mountain Club, exemption from taxation 244 

Apportionment of state taxes 102 

Appropriation for buoys and lights in Squam lake 162, 539 

in Winnipesaukee lake 163, 539 

committee on enlargement of state library building. 58 

completion of forest survey 547 

deaf mutes and blind 522 

dredging outlet of Little Squam lake 160 

Squam lake 160 

electric lights in Winuisquam lake 546 

Enoch Poor monument 174 

examination of White Mountain forest land 149 

expenses of constitutional convention 151 

firemen's relief fund 130 

fish hatchery in Laconia 156 

highways. See Highways, appropriations for. 

indigent deaf mutes and blind 60 

Industrial School 166, 541 

Jefferson oSTotch road commission 48 



678 ' GENERAL INDEX. [1905 

Appropriation for laboratory of liygiene 22 

Loon Island lighthouse (Sunapee lake) 161, 540 

Manchester armory 99 

New Hampshire College of Agriculture 168, 548 

School for Feeble minded children 

164, 171, 540, 542 

Soldiers' Home 66, 161, 545 

State Hospital 152, 519 

State Normal School 56, 538 

State Sanatorium 509 

Veterans' Association 152 

permanent highway improvement 425 

preservation of original town maps 37 

purposes of state highway act 139 

raising Little Squam bridge 160 

Squam bridge 160 

removing boulders in Green's Basin 165, 544 

restoring muster rolls of New Hampshire regiments 170 

screening Armington pond 153 

Center pond 154 

Crystal lake (Lougee's pond) 160 

Forest lake 157 

Highland lake 156 

Merry Meeting lake 157 

Penacook lake 158 

Pleasant pond 1 54 

Sunapee lake 173 

Tewksbury's pond 159 

Winnisquam lake 155 

state library building, painting, etc 150 

state prison, improvements and repairs 100, 539 

library 100, 539 

salary of chaplain 100, 539 

treatment of indigent consumptives at sanatorium . . 174 

tuition in high schools 504 

Vicksburg monument 148 

widening Stone Dam narrows 544 

Appropriation in favor of Ahern, J. M 549 

Bent & Bush 169, 549 

Blake, Leroy S 153 

board of registration in dentistry 158 

Bouvier, J. Edward 549 

Bouviere, J. Edward 169 

Bradley, Ursula 549 

Brigham, George H 169, 549 

Britton, A. H. «fe Co 170, 549 

Brown, James H 549 

Brown, Orton B 537 

Brown, Orton W ; 543 

Bryant, Henry E 549 

Burbeck, James 549 

Burke, Richard P 549 

Calvert, Edgar H 549 

Carter, George E 549 

Carter. James Richard 542 



1905] 



GENERAL INDEX. 679 



Appropriation iu favor oi" Chronicle & Gazette Publishing Co 170 

Churchill, Winston 537 

Clancy, Katherine 549 

Clark, Kate F 169 

Clark, Mildred B 169, 549 

Clarke, Arthur E 170 

Clarke, Kate F 549 

Clay, Samuel A 550 

Clement, Morris T 549 

Clement, Ralph 169 

Clifford, Cornelius E 170, 549 

Clifford, Thomas F 169 

Coffin, John Edward 170, 549 

Conant, Robert P 169 

Cooper, James M 169, 550 

Critchett, William W 549 

Cum minors, Horace S 163 

Currier, Ernest C 550 

Currier, Hiram E 169, 536 

Dartmouth College 151, 538 

Daughters of American Revolution 546 

Davis, Albert P 549 

Demeritt, John 153 

Densmore, Ella F 175 

Derby, J. C 549 

Dodge, Amos 169, 549 

Dudley, Arthur W 159 

Dunlap, W. H. & Co 549 

Duntley, Lorenzo D 171 

Durrell, H. G 170 

Durrell, Henry G 550 

Eastman, Edson C 170, 549 

Eastman, Samuel C 537 

Fitzpatrick, Martin 550 

Folsoni, Clianning 547 

Ford, Charles S 169, 536 

Ford, Stephen S 170 

Foster, George J, & Co 170, 549 

Fowler, George H 170 

Fowler, George W 549 

Gage, J. E 170 

Gallagher, Stephen F 171 

Gardner, Fred H 153 

Getchell, William H 169 

Gibson, W. C 549 

Gilmore, George C 169, 549 

Glennon, Joseph A 169, 549 

Glick, E. L 170 

Goodman, W. P 170 

Gordon, Earle C 169, 536 

Graf, J. Adam 537 

Granite State Dairymen's Association 162, 541 

Granite State Deaf Mute Mission 149, 545 

Grey, Temple 169 

Herald Publishing Co 549 



680 GENERAL INDEX. [1905 

Appropriation in favor of Hill, George Vernon 549 

Ilorton, George E 549 

Hunt, Edwin P 536 

Huse, MerrittC 169, 549 

Ingalls, Horace L 170, 550 

J. M. Stewart & Sons Co 170, 549 

Jenks, Walter L. & Co .170, 550 

Jewett, John W., widow of 169 

John B. Claike Co 170, 549 

Johnson, George W 153 

Johnson, Gilbert W 170 

Keeler, I. Eugene 170, 549 

Kennett, A. C 537 

Lambert, John T 549 

Langley, Warren F 171 

Langmaid, Mary T 550 

Larkin, Josephine C 169 

Laughlin, James 169 

Laughlin, James A 549 

Law, Jolin K 153, 169, 549 

Laws, W. H 170 

Laws, William H 550 

Leighton, Fred 170, 549 

Libby, Jesse M 550 

Lombard, Mary F 175 

Longa, Horatio W 169, 536 

Lovejoy, Warren W 169, 536 

Lowry, John W 170, 550 

Madden, James 169 

Manchester News Publishing Co 170 

March, Benjamin F., widow of 165 

Mason, Henry K 171 

Mathews, H. O 549 

Matthews & Sawyer 549, 550 

McElwain, Herbert A , 169, 536 

McQuaid, Elias A 170, 549 

Merrill, Robert J 549 

Metcalf, Henry H 170, 549 

Monitor & Statesman 549 

Monitor & Statesman Co 170 

Morrison, Adelaide 550 

Morrison, Susan R 169 

Mount Pleasant Hotel Co 543 

Murray, Robert F., widow of 535 

Nason, Edward M 170 

Nason, Edward N 550 

Nelson, Howard 549 

New Hampshire Horticultural Society 69 

O'Shaughnessy, W. J 170 

owners of animals killed by Department of 

Agriculture 172 

Patch, William J 164 

Pearson, Harlan C 170, 549 

People & Patriot Co 170, 549 

Phillips, Lewis W 549 



1905] 



GENERAL INDEX. 681 



Appropriation in favor of Piper, Martin L 16^ 

Rainville, George A 549 

Eoach, Amy G 1G9 

Roberts, Charles II 150 

Roberts, Charles S 153 

Robinson, Allan II 170, 549 

Severance, Albert T 171 

Shackford, Frank M 170, 549 

Shattuck, George E 175 

Smith, Eugene P 175 

Smith, Frank G 175 

Smith, Henry H 153 

Stanley, William S 549 

Stanyan, John M 168 

Star Stamp Co 549 

Stewart, Patrick J 171 

Stowell, Herbert J 153 

Swain, C. H. & Co 549 

Telegraph Publishing Co 170 

Thorp, Louis A 169, 550 

Times Publishing Co 170, 549 

Union Publishing Co 170, 549 

Upton, Donald P 169, 536 

Waite, Harrie E 549 

Wallace, William 170 

Weston, William H 169, 549 

White, Benjamin C 170 

Whitehead, James F 153 

Wilson, Jesse M 549 

Woodworth, Albert B 537 

Worcester, Horace L 155 

Teaton, Harry S 548 

Young, Harrie M 170, 550 

Young, John 169, 549 

Appropriations, misapplication and excessive expenditure; penalty.... 64 

Armington jDond, appropriation for screening 153 

Association Canado-Americaine 555 

Attachment of bulky articles, how made 438 

waste of such property after attachment; penalty 439 

Attorney-general may appoint substitute for county solicitor, when 530 

may employ clerical assistance in liquor prosecution.. 532 

to bring action on bonds of liquor licensees 532 

to cause enforcement of law against drunkenness 521 

to investigate alleged liquor violations 530 

to proceed against delinquent solicitor 531 

to supervise certain liquor prosecutions 529 

Automobiles, etc., operation of regulated 498-502 

" automobile " and " motor cycle " defined 498 

brakes, mufflers, horns, and lights 500 

fees to be paid into state treasury 502 

highways not to be used unless provisions of act complied with 500 

license of operators ; fee 499 

of operators for hire ; fee 499, 500 

management of machines in proximity to horses 501 

number plates, issuance and display of 498, 500 

19 



682 GENERAL INDEX. [1905 

Automobiles, etc., operation of machines by non-residents 500 

operator unlicensed, -prima facie evidence of negligence .502 

penalties for sundry violations 501 

permits for speech and endurance trials 502 

registration by manufacturer or dealer; fee 499 

by owner, etc. ; fee 498 

revocation of license for violation of lavr 501, 502 

speed regulations 501 

Bail by deposit of money regulated 23 

Bail commissioners, fees of 403 

Ballots, preservation and inspection of 24 

Bank commissioners, building and loan associations to be approved by 417 

compensation of clerk for 69 

may employ additional experts 415 

one member to be appointed chairman 415 

salaries of 70 

Bank receiver, appointment of 469 

Bartlett, highway appropriation for 51 

Bastards and issue heirs of mother and her kindred 400 

Beacons, injviry or improper use of; penalty 526 

Belknap county may acquire courthouse lot by right of eminent domain 520 

salary of judge of probate 131 

of register of probate 131 

Bellman Club, charter of 309 

Benevolent and Protective Order of Elks of Manchester, N. U., charier of 642 

Bennington Water-works Co., charter amended 294 

Bent & Bush, appropriation in favor of 169, 549 

Benton, highway appropriation for 50, 52 

Berlin, city charter amended 226 

police commission established 566 

warrant and election legalized 321 

Berlin Street Railway, acts legalized 210 

Berwick, Eliot & York Street Railway may acquire certain property 

and franchises 290 

Bethlehem Electric Light Co., charter amended 215 

Bethlehem village precinct, water commission established 560 

Birch Island annexed to Tuftonborough 77 

Black bass protected ... 73 

protection in Sunapee lake 527 

Blake, Leroy S., appropriation in favor of 153 

Boats, when and where taxed 414 

Bond of adjutant-general 78 

of deputy state treasurer, state to purchase 54 

of trust company treasurer, when required 419 

Boscawen, town-meeting legalized 350 

Bottles, etc., for milk and other beverages, registry of 120 

search warrants for recovery of such vessels 121 

unauthorized use of registered bottles, etc. ; penalty. 120 

what deemed evidence of unlawful use 121 

Boundaries, how established by agreement 39 

Bounty on hedgehogs 58 

bounty repealed 439 

Bouvier, J. Edward, appropriation in favor of 549 

Bouviere, J. Edward, appropriation in favor of 169 



1905] 



GENERAL INDEX. 683 



Bradley, Ursula, appropriation in favor of 549 

Bread tickets, etc., to have detachable coupons 54 

penalty for unauthorized use 54 

Bretton Woods Co 558 

Brickmaker, lien of 468 

Bridge commission established 53.3 

Brio-ham, George 11., appropriation in favor of KiO, 549 

Britton, A. H. & Co., appropriation in favor of 170, 549 

Brook road, appropriation for 51 

Brown, James H., appropriation in favor of . . 549 

Brown, Orton B., appropriation in favor of 537 

Brown, Orton W., api^ropriation in favor of 543 

Brown's Lumber Co., charter amended 242 

Brown-tail moth, appropriations for extermination authorized 410 

Bryant, Henry E. , appropriation in favor of 549 

Building and loan associations, taxation of.' 129 

to receive approval of bank commis- 
sioners 417 

Building inspectors to approve plans 146 

appeal from decision of to superior court 146 

Bulky articles, attachment of, liow made 438 

waste of, after attachment; penalty 4.39 

Buoys, injury or improper use of; penalty 526 

Burbeck, James, aj^propriation in favor of .549 

Burke, Richard P., appropriation in favor of 549 

Caledonia Power Co., charter of 330 

Calvert, Edgar H., appropriation in favor of 549 

Cambridge, highway appropriation for 167 

Camp Derwin, No. 184, Spanish-American War Veterans, api)ropriation 

in favor of ratified 239 

Camptou, highway appropriation for 167 

Capital Fire Insurance Co., powers enlarged 617 

Cardigan Mountain road, appropriation for 51 

new road, appropriation for 168 

Caribou, transportation of by common carrier prohibited; penalty 495 

Carroll county, salary of judge of probate 78 

terms of superior court 7 

Carter, George E., appropriation in favor of 549 

Carter, James Richard, appropriation in favor of . .• 542 

Caucuses, conduct of: 

act in force, where 33, 511 

ballot and check-list to be used . 510 

check-list, preparation of 510 

preservation of 511 

executive committees of parties to regulate ballots, etc 511 

nominations, legality of to be certified 511 

to be determined by plurality vote 510 

notice of caucus, when and how given 510 

polls to remain open, how long 510 

to nominate state officers, when held 525 

who may vote; irregular voting prohibited; penalty.. 511 

Cemeteries privately laid out, under public control, when 38 

Center pond, appropriation for screening 154 

Cercle Marquette, Canadien-Francaise-Independant of Nashua, New 

Hampshire, charter of 612 



684 GENERAL INDEX. [1905 

Charlestown Water & Sewer Co., charter of 599 

Cheshire county, salary of register of probate 38 

Chester, Fremont & Brentwood Street Railway, charter of 302 

Chronicle & Gazette Publishing Co., appropriation in favor of 170 

Churchill, Winston, appropriation in favor of 537 

Cider vinegar substitutes, sale of prohibited ; i^enalty 532 

City councils may make appropriations for extermination of brown- 
tail moth 410 

may establish sprinkling districts 404 

Clancy, Katherine, appropriation in favor of 549 

Claremont, terms of office of water commissioners 621 

Claremont Gas Light Co., charter amended 579 

Claremont school district, issue of bonds authorized 562 

Claremont Street Railway, charter extended 190 

Clark, Kate F., appropriation in favor of 169 

Clark, Mildred B., appropriation in favor of 169, 549 

Clarke, Arthur E., appropriation in favor of 170 

Clarke, Kate F., appropriation in favor of 549 

Clay, Samuel A., appropriation in favor of 550 

Clement, Morris T., appropriation in favor of ... 549 

Clement, Ralph, appropriation in favor of 169 

Clifford, Cornelius E., appropriation in favor of 170, 549 

Clifford, Thomas F., appropriation in favor of 169 

Coffin, John Edward, appropriation in favor of 170, 549 

Colby Academy, charter amended 197 

Colebrook to Errol Dam, appi'opriation for highway 51 

Colebrook Water Co., charter revived 332 

Collateral legacies and successions, taxation of 432-436 

account not allowed until tax paid 435 

action by state treasurer to recover tax 435 

administratiou on petition of state treasurer 435 

certain devises in remainder, how taxed 432 

delivery of assets to foreign administrator, etc 4.35 

gifts and bequests to executors, etc., how taxed 433 

inventory and appi-aisal to state treasurer 434 

inventory to be filed ; penalty for neglect 4.34 

jurisdiction of probate court 435 

legacy for limited period, how taxed 433 

real estate, procedure w.hen subject to tax 434 

sale of real estate to pay tax 434 

state treasurer party to petition by foreign executor 436 

to pay expenses of execution of act 4.36 

to provide books and blanks 436 

stock of domestic corporation, procedure when transferred by for- 
eign executor, etc 4.35 

tax, how paid if legacy charged upon realty 433 

to be deducted by executor, etc 433 

when payable 433 

when to be refunded 434 

valuation of property 434 

what legacies and inheritances taxable 432 

Colt subject to lien for stallion service 420 

Columbia, election proceedings legalized 234 

Conant, Robert P., appropriation in favor of 169 

Concord, election of overseers of the poor 203 



1905] 



GENERAL INDEX. 685 



Concord, establishment of <i;arbage precincts 193 

Memorial Day appropriation authorized 287 

salary of justice of police court 203 

serai-centennial appropriation authorized 192 

Concord & Monti'eal Railroad may acquire electric companies and 

street railways 188 

may acquire Nashua, Acton & Boston 

Railroad 557 

may hold stock of Wells River Bridge. 210 

may vote on stock of other corpoi'ations 322 

Concord, Dover & Rochester Street Railway, charter of 335 

charter extended 586 

Congregational Society in Durham, charter amended 237 

Congregational Society in Newfields 267 

Congregational Society in Plaistow and Ministerial Fund in Plaistow, 
name changed to Evangelical Congregational Church of Plaistow, 

N. H., and North Parish of Haverhill, Mass 592 

Connecticut River Power Co. of New Hampshire, charter of 326 

Connecticut River Railroad Co. may acquire stock of Vermont Valley 

Railroad 241 

Constitution, instruction concerning, in public schools 25 

Constitutional convention, appropriation for expenses of 151 

Consumptives, deaths and removals of, to be reported 410 

if indigent, to be sent to sanatorium 173 

premises occupied by, to be cleansed 410 

sanatorium for. See New Hampshire State Sanatorium. 

Convention to nominate state officers, when held 525 

Convict, arrest of, for violation of permit 479 

notice of release on parole 479 

recommittal to serve remainder of sentence 479 

revocation of permit , 479 

to be furnished money and clothes when discharged 73 

Conway, election proceedings legalized 234 

Cooper, James M., appropriation in favor of 169, 550 

Coos & Essex Agricultural Society, charter of 639 

Coos & Essex Water Co., charter revived and amended 614 

Coos county, action of county convention ratified 478 

judicial districts abolished 427 

may acquire courthouse lot by right of eminent domain . . 477 

salary of judge of pi'obate 512 

of register of probate 44 

terms of superior court 427 

Coos County Telephone Co., charter of 619 

Copies and briefs in supreme court, how furnished 405 

" Coroner" stricken out of certain statutes 466-467 

Coroner, burial of bodies by; expense, how paid 133 

fees at inquests and for viewing body 134 

to be audited by county commissioners 134 

to be notified of death by violence 133 

to hold inquest, when 132 

to issue death certificate and burial permit, when 134 

to take charge of property found on body 133 

when coroner cannot be secured, justice of peace may act 134 

Corporations: 

Alpha Delta Phi Society, charter amended 238 



686 GENERAL INDEX. [1905 

Corporations: 

Alton & Gilmanton Electric Railway Co., charter extended . . .355 

American Accident Association, charter amended 564 

Androscoggin Hospital Association, charter amended 268 

Bellman Club, charter of 309 

Benevolent and Protective Order of Elks of Manchester, N. H., 

charter of 642 

Bennington Water- works Co., charter amended 294 

Berlin Street Railway, acts legalized 210 

Berwick, Eliot & York Street Railway may acquire certain property 

and franchises 290 

Bethlehem Electric Light Co., charter amended 215 

Brown's Lumber Co., charter amended 242 

Caledonia Power Co., charter of 330 

Capital Fire Insurance Co., powers enlarged 617 

Cercle Marquette, Canadien-Francaise-Independant of Nashua, New 

Hampshire, charter of 612 

Charlestown Water & Sewer Co., charter of 599 

Chester, Fremont & Brentwood Street Railway Co., charter of 302 

Claremont Gas Light Co., charter amended 579 

Claremont Street Railway, charter extended 190 

Colby Academy, charter amended 1 97 

Colebrook Water Co., charter revived 332 

Concord & Montreal Railroad may acquire electric companies and 

street railways 188 

may acquire Nashua, Acton & Bos- 
ton Railroad 557 

may hold stock of Wells River bridge 210 
may vote on stock of other corpora- 
tions 322 

Concord, Dover & Rochester Street Railway, charter of 335 

charter extended 586 

Congregational Society in Durham, charter amended 237 

Congregational Society in Plaistow and Ministerial Fund in Plais- 
tow, name changed to Evangelical Congregational Church of 

Plaistow, N. H., and North Parish of Haverhill, Mass 592 

Connecticut River Power Co. of New Hampshire, charter of 326 

Connecticut River Railroad Co. may acquire stock of Vermont Val- 
ley Railroad 241 

Coos & Essex Agricultural Society, charter of 639 

Coos & Essex Water Co., charter revived and amended 614 

Coos County Telephone Co., charter of 619 

Dalton Power Co., charter amended 357 

Derry & Salem Street Railway Co., charter of 299 

charter extended 585 

Derry Gas Light Co., charter of 603 

Derry Savings Bank, charter of 262 

Division No. 7, Ancient Order of Hibernians, of Manchester, N. H , 

charter of 602 

Dodge's Falls Dam and Manufacturing Co., name changed to Rye- 
gate Paper Co 188 

Dover & Eliot Street Railway, transfer of property and franchises 

authorized 290 

Dover Gas Light Co. may change name to Interstate Gas & Elec- 
tric Co 648 



1905] 



GENERAL INDEX. 687 



Corporations : 

Dover Gas-Light Co., may purchase certain property and fi'anchises G28 

Dover Loan & Trust Co., cliarter of 308 

Dunbarton & Goffstovpn Street Railway Co., charter of 342 

cliarter extended 585 

Eastern Fire Insurance Co. oi Nev7 Hampshire, charter confirmed 

and amended 630 

Eliot Bridge Co., transfer of property and franchise authorized. . . . 290 

Epping, Brentwood & Kingston Street Railway Co., charter of 296 

Exeter Gas, Electric Light & Power Co., name changed to Exeter 

Gas Light Co 326 

Exeter Gas Light Co., name changed to Exeter Gas, Electric Light 

& Power Co 260 

Farms Cemetery, name changed to Hills Farms Cemetery 565 

First Congregational Church of Wolfeborough, incorporation con- 
firmed and powers enlarged 591 

First Free Baptist Church of Franconia, charter of 267 

Gilmanton & Barnstead Electric Railway Co., charter extended .... 354 

Glen Junction Transfer Co., charter renewed and amended 359 

Goft's Falls, Litchfield & Hudson Sti-eet Railway Co.,charterof 271 

charter extended 607 
Gorhara Five Cents Savings Bank, name changed to Gorham Sav- 
ings Bank 271 

Grafton Improvement Manufacturing & Power Co., charter amended 317 

Hampstead & Haverhill Street Railway Co.^ charter of 253 

Hayes Cemetery Association, charter of 597 

Hedding Campmeeting Association may refund indebtedness 242 

History Commission of Concord, charter of 305 

Hudson, Pelham & Salem Electric Railway Co. may lease certain 

lines 280 

Hudson Water Co., charter of 581 

Jackson Water-works Co., charter of 279 

Kearsarge Mountain Electric Railway Co., charter of 322 

charter extended 588 

Keene Electric Railway Co., charter revived and extended 634 

Keene Gas & Electric Co., capital stock increased 572 

Keene, Marlow & Newport Electric Railway Co., charter extended. 241, 583 
Knights of Pythias Building Association of Manchester, charter 

revived and amended 238 

Laconia Power Co., charter of 635 

Lake Sunapee Protective Corporation may establish hatcheries 527 

L' Association Canado-Americaine, name changed to Association 

Canado- A mericaine ; charter amended 555 

Littleton, Franconia & Bethlehem Street Railway, charter of 211 

L' Union Canadienue de Manchester, N. H., charter amended 571 

L'UnionSt. Jean Baptiste Society inNashua,capital stock authorized 644 

Manchester & Haverhill Street Railway Co., charter of 339 

charter extended 608 

Manchester Fire Insurance Co. of New Hampshire, charter of 259 

Manchester Mills, capital stock increased 180 

Massebesic Horse Railroad Co., charter repealed 236 

Maynesboro' Fire Insurance Co., charter of 289 

Meredith & Ossipee Valley Railroaa Co., charter of 307 

charter extended 589 

Milton Mills & Union Electric Railway Co., charter of 314 



688 • GENERAL INDEX. [1905 

Corporations : 

Monroe Water Power Co., charter of 608 

Moosilauke Railroad, charter extended 219 

Mount Pleasant Hotel Co., capital stock increased 282 

name changed to Bretton Woods Co. . . . 558 

Nashua & Hollis Electric Railroad Co., charter of. 244 

charter extended 586 

Nashua Light, Heat & Power Co., capital stock increased 603 

charter amended 277 

Nashua Trust Co., charter amended 572 

New England Breeders' Club, charter of 648 

New Hampshire Conference Preachers' Aid Society of the Metho- 
dist Episcopal Church, charter amended 587 

New Hampshii'e Conference Seminary and Female College, name 

changed to Til ton Seminary 191 

New Hampshire Genealogical Society, charter of 216 

New Hampshire Health and Accident Insurance Co., name changed 

to State Security Life and Accident Co. ; powers defined 248 

New Hampshire Odd Fellows Widows' and Orphans' Home, charter 

amended 216 

Newmarket Electric Light, Power & Heat Co., charter amended. . . 281 

Newmarket Manufacturing Co., capital stock reduced 243 

Newport & George's Mills Electric Railway Co., charter extended.. 286 

North Conway & Mount Kearsarge Railroad, charter extended 215, 589 

North Shore Water Co., charter amended 196 

Nuffield Savings Bank of Derry, charter of 617 

Omicron Deuteron Charge of Tlieta Delta Chi Fraternity, charter of 278 

Ossipee Water & Electric Co., charter of 264 

Peabody River Improvement Co., charter of 333 

Peerless Casualty Co., capital stock increased 647 

People's Church at Laconia in the county of Belknap, name changed 

to First Christian Church of Laconia, New Hampshire 570 

Philotechnic Society, charter amended 320 

Pittsfield Light & Power Co., charter of 284 

Pittsfield Loan & Trust Co., first meeting, how called 638 

Prudential Fire Insurance Co., charter of 288 

Salem Water-works Co., charter amended 202 

Society of Social Friends, charter amended 320 

Sons of Veterans Memorial Hall Association, charter of 295 

South Congregational Society in Newmarket, N. H., name changed 

to Congregational Society in Ne wfields 267 

Suncook Water-works Co., extension of system authorized 590 

Swift River Railroad Co., charter of 306 

Troy and Fitzwilliam Light & Power Co., charter confirmed and 

extended 645 

Trustees New Hampshire State Sanatorium, corporation constituted 507 

Uncanoonuc Incline Railway and Development Co., charter of 310 

charter extended 588 

may physically unite with Manchester Street Railway 573 

United Fraternity, charter amended 320 

United Gas & Electric Co., transfer of property and franchises au- 
thorized 647 

Upper Coos & Essex Water Co., charter of 631 

Walpole Electric Light & Power Co., charter amended 195, 348 

powers enlarged 638 



1905] 



GENERAL INDEX. ■ 689 



Corporations: 

* Walpole Water & Sewer Co., charter of 198 

Warner & Kearsarge Road Co., charter revived and continued 191 

Warren Water & Light Co., charter of 292 

Wells River bridge, charter amended 210 

Woman's Auxiliary to the City Missionary Society of Manchester, 
name changed to District Nursing Association of the City of 

Manchester 237 

Corporations, if operating street railway or owning stock to make return 53 

issue of stock, etc., by such corporation 54 

mortgages of after-acquired property by 525 

mortgages of franchises by 475 

testimony of non-resident directors, how secured 29 

trading-stamp companies not to be formed under general 

law 481 

Costs for briefs in supreme court, how taxed 405 

Councilors, compensation of 524 

County, expense of persons committed for drunkenness, charge upon . . 521 

County offices may be closed Saturday afternoons and holidays 431 

County solicitor, action by, on reports of medical referees 141 

assignment of substitute for 530 

charge of delinquency against, how and when made. . 530 
delinquency of, in liquor prosecution, cause for dis- 
barment 531 

not to act as attorney for liquor dealers 530 

special compensation of, in liquor prosecutions 531 

to appoint substitute for medical referee 472 

to audit accounts of medical referees 142, 474 

to enforce law against drunkenness, when 521 

to prosecute liquor offenders in no-license territory... 530 

Country Pond road, api^ropriation for 53 

Crawford House to Willey House, appropriation for highway 50 

Critchett, William W., appropriation in favor of 549 

Crotchet Mountain road, appropriation for 168 

Cruelty to animals, tines for use of prosecuting society 414 

Crystal lake, appropriation for screening 160 

Cummings, Horace S., appropriation in favor of 163 

Currier, Ernest C, appropriation in favor of 550 

Currier, Hiram E., appropriation in favor of 169, 536 

Dale road, appropriation for 167 

Dal ton Power Co. , charter amended 357 

Dartmouth College, appropriation in favor of 151, 538 

Daughters of American Revolution, appropriation in favor of 546 

Davis, Albert P., appropriation in favor of 549 

Deer, killing by non-residents regulated 74 

protected 135, 495 

transportation of regulated 429, 495 

Demand for rent, how made upon lessee if lease violated 470 

Demeritt, John, appropriation in favor of 153 

Densmore, Ella F., appropriation in favor of 175 

Dentistry, act regulating practice not applicable to students 113 

appropriation in favor of board of registration 158 

association in practice to have certificate 113 

compensation of board of registration 113 



690 GENERAL INDEX. [1905 

Depositions, ai^pointment of commissioner to take outside state 18 

existing law applicable as to notice, proceedings, etc 19 

power in this state of commissioner appointed elsewhere.. 19 

power of commissioner in foreign jurisdiction 19 

Depository, procedure in action against, for property of third person. .. 475 

Deputj"^ state treasurer, state to purchase bond of 54 

Derby, J. C, appropriation in favor of 549 

Derry, supei'ior court trials at, upon request 485 

Derry & Salem Street Railway Co., charter of 299 

charter extended 585 

Derry Gas Light Co., charter of 603 

Derry Savings Bank, charter <)f 262 

Descent and distribution of real estate 66 

Diamond Ponds road, appropriation lor 50 

Distributive share of widow 407 

District Nursing Association of the City of Manchester 237 

Division No. 7, Ancient Order of Hibernians, of Manchester, N. H., 

charter of 602 

Dixville, highway appropriation for 50 

Dixville Notch road, appropriation for 49 

Dodge, Amos, appropriation in favor of 169, 549 

Dog, right to kill when chasing deer, revoked 495 

Dorchester, highway appropriation for 51 

town meetings legalized 235 

Dover, duties of street and park commissioners 644 

exemption of United Gas & Electric Co. ratified 645 

may erect and maintain Weutworth Hospital 568 

maj'^ exempt Hayes Hospital from taxation 202 

police commission established 181 

police force, how constituted 181, 563 

street and jjark commission established 220 

Dover & Eliot Street Railway, transfer of property and franchise au- 
thorized 290 

Dover Gas Light Co. may change name to Interstate Gas & Electric Co. 648 

may purchase certain property and franchises. . . . 628 

Dover Loan & Trust Co., charter of 308 

Drunkenness, enforcement of law prohibiting 521 

expense of persons committed for, charge upon county. .. 521 

in private place, to disturbance of peace, prohibited 26 

Dudley, Arthur W., apj^ropriation in favor of 159 

Duramer, highway appropriation for 50 

Dunbarton & Goffstown Street Railway Co., charter of 342 

charter extended 585 

Dunlap, W. H. & Co., appropriation in favor of : 549 

Duntley, Lorenzo D., appropriation in favor of 171 

Durreil, H. G., appropriation in favor of 170 

Durrell, Henry G., appropriation in favor of 550 

Eastern Fire Insurance Co. of New Hampshire, charter confirmed and 

amended 630 

Eastman, Edson C, appropriation in favor of 170, 549 

Eastman, Samuel C, appropriation in favor of 537 

Echo Island annexed to Tuf tonborough 77 

Echo Lake and Notch road, appropriation for 51 

Effingham, election proceedings legalized 230 



1905] 



GENERAL INDEX. 691 



Electric power, use by steam railroads authorized 98 

Electric power and light plants, taxation of 437 

Eliot Bridge Co., transfer of property and francliise authorized 290 

Elk, transportation by common carrier prohibited; penalty 495 

Embezzlement from fraternal association, etc. ; penalty 397 

of trust funds; penalty IS 

Enfield, highway appropriation for 167 

Enfield village fire district, water-works authorized 217 

Engrossed bills, etc., may be typewritten 401 

Enoch Poor monument, appropriati(m for 174 

Enumeration of school children, when to be made 505 

Eppiug, Brentwood & Kingston Street Railway Co., charter of 296 

Errol, highway appropriation for 50 

Errol to Wentworth's Location, appropriation for highway 49, 167 

Evangelical Congregational Churcli of Plaistow, N. H., and North Par- 
ish of Haverhill, Mass 592 

Execution sale of real estate, notice to debtor, how given . . 409 

Exemption of females from arrest 441 

Exeter Gas Light Co., name changed to Exeter Gas, Electric Light & 

Power Co 260 

Exeter Gas, Electric Light & Power Co., name changed to Exeter Gas 

Light Co 326 

Explosive placed on railway track; penalty 478 

Farms Cemetery, name changed to Hills Farms Cemetery 565 

Farnsworth place to Second Lake House, appropriation for highway. . . 50 

Fawn, protection removed 495 

Fees at coroner's inquests 134 

for license of automobile operators 499, 500 

for license of insurance brokers 417 

for license of liquor dealers 84, 445 

for license of non-resident hunters 75, 430 

for license of spayed bitch 109 

for license of trading-stamp companies 489, 491 

for I'egistration of automobiles, etc 498, 499 

of bail commissioners 403 

of coroner for viewing body 134 

of medical referees 142, 467, 474 

of non-resident director appearing as witness 30 

of steamboat inspectors 460 

of town clerks for perfecting vital statistics 412 

of witnesses before license commissioners 456 

of witnesses before medical referees 467 

Females exempt from arrest in certain cases 441 

Fines for cruelty to animals paid to prosecuting society 414 

Firemen, exempt from jury duty, when 20 

to have right of way ; penalty for obstruction 478 

Firemen's relief fund, appropriation for 130 

First Christian Church of Laconia, New Hampshire 570 

First Congregational Church of Wolfeborough, incorporation confirmed 

and powers enlarged 591 

First Free Baptist Church of Franconia, charter of 267 

Fish and game: 

black bass protected 73 

certain provisions not applicable to scientists 495 



692 GENERAL INDEX. [1905 

Fish and game: 

deer protected 135, 495 

killing by non-residents regulated 74 

transportation of regulated 495 

fawn, protection removed 495 

hatclieiy in Laconia, appropriation for 156 

interference with fish screens ; penalty 95 

interference with lobster traps; penalty 101 

lake trout, permission to sell revoked 17 

protection in Winnipesaukee and Winnisquam lakes 72 

taking of for compensation prohibited 17 

land-locked salmon, protection in Winnipesaukee and Winnisquam 

lakes 72 

loons, their eggs and young, protected 420 

Lyme pond closed to ice fishing 400 

maintenance of unmarked lobster pen; penalty 101 

moose, caribou and elk, transportation of by common carrier pro- 
hibited ; penalty 495 

Non-resident hunters, licensing of: 

arrest for failure to exhibit license 430 

Blue Mt. Forest Ass'n not affected 431 

change in engrossed act authorized 497 

exportation of game birds by licensee 430 

hunting without license prohibited; penalty 428 

license, fee for; fund, how expended 430 

how issued ; form of 429 

to be signed and carried by licensee 429 

to have coupons for transportation of deer 429 

owner of i-ealty valued at |500 exempt from provisions 429 

transportation of deer by licensee 429 

violation by common carrier; penalty 430 

partridge protected 496 

pike perch protected 73 

quail protected 496 

right to kill deer-chasing dog revoked 495 

ruffed grouse protected ... 496 

shiners, taking of regulated 94 

snipe protected 496 

Sunapee lake, black bass protected 527 

establishment and control of hatcheries 527 

number of fishing lines restricted 482 

pickerel not protected 527 

swivel and punt guns, use of prohibited ; penalty 515 

taking of birds, etc., for scientific puri^oses 496 

trout protected in Big Diamond pond 418 

in Carter Notch jjonds 503 

in Ellis river tributaries 503 

in Nathan pond 418 

in Saco river branches .* 503 

in Wildcat river tributaries 503 

white perch protected 73 

woodcock protected 496 

Fish and game commissioners, salaries of 11 

to issue fish and game laws 68 

Fish hatchery in Laconia, appropriation for 156 



1905] 



GENERAL INDEX. 693 



Fitzpatrick, Martin, appropriation in favor of 550 

Folsom, Channing, appropriation in favor of 547 

Ford, Charles S., appropriation in favor of 169, 5:^6 

Ford, Stephen S., appropriation in favor of 170 

Forest fire, neglect to report or extinguish ; penalty 515 

Forest fire wardens, appointment, duties and compensation 514, 515 

chiefs of fire departments to be 513 

compensation of persons assisting, how paid 514 

may demand assistance 514 

neglect of duty by; penalty 515 

right to arrest 514 

to report to forestry commission and county solici- 
tors 514 

Forest lake, appropriation for screening 157 

Forest Lake road, appropriation for 50 

Forest survey, appropriation for completion of 547 

Forestry commission, appointment of forest fire wardens by 514, 515 

may contract, for seedling timber trees 127 

to make regulaticms for state pax-ks 21 

to procure examination of White Mountain forest 

lands 149 

Foster, George J., & Co., appropriation in favor of 170, 549 

Fowler, George H., appropriation in favor of 170 

Fowler, George W., appropriation in favor of 549 

Franconia, school-district meeting legalized 284 

warrant for town-meeting legalized 270 

Franconia to Flume House, appropriation for highway . 51 

Fruit dealers to provide receptacles for waste t> 

Gage, J. E., appropriation in favor of 170 

Gallagher, Stephen F., appropriatidn in favor of 171 

Gardner, Fred H., appropriation in favor of 153 

Getchell, William H., appropriation in favor of 169 

Gibson, W. C, appi'opriation in favor of 549 

Gilmanton may exempt real estate of Highland Lodge, I. O. O. F., from 

taxation 346 

Gilmanton «& Barnstead Electric Railway Co., chax-ter extended 354 

Gilmoi-e, Geox'ge C, appx-opriation in favor of 169, 549 

Glen Junction Tx-ansfer Co., charter x'enewed and amended 359 

Glennon, Joseph A., appropriation in favor of 169, 549 

Glick, E. L., appropriation in favor of 170 

Goff's Falls, Litchfield & Hudson Street Railway Co., charter of 271 

charter extended. 607 

Goodman, W. P., appx-opxiation in favor of 170 

Gordon, Earle C, appropriation in favor of 169, 536 

Gorham may exempt Moixnt Madison hotel fx'om taxation 270 

water- works authox'ized 593 

Gorham Five, Cents Savings Bank, name changed to Gorhaxxx Savings 

Bank 271 

Governor may limit size of state reports 117 

to ajDiDoint board of license commissioners 82 

bridge commission 533 

commission for Mount Washington and Franconia 

road 45 

committee on enlai'gement of state libx'ary building 58 



694 GENERAL INDEX. [1905 

Governor to appoint medical referees 140 

steamboat inspectors 65, 457 

trustees of State Normal School 7 

trustees of State Sanatorium 506 

Vicksburg monument commission 148 

to cause original town maps to be preserved 37 

to designate one bank commissioner as chairman 415 

Crovernor and council may authorize emergency purchases without bids 535 

may authorize publication of special reports 117 

may divide state highways into sections 45 

may propose plan for state aid to highways 138 

may provide for inspection of state highways. ... 45 
may take land and material for highway im- 
provement 424 

to appoint state highway engineers and fix com- 
pensation 44, 45, 136, 421 

to apportion money for highway improvement. . . 423 

to approve deposit of state funds 128 

to approve investment of state funds 128 

to direct construction and maintenance of state 

highways 425 

to direct purchase of fuel for state house 130 

to direct sale of state securities 128 

to furnish specifications for highway work 424 

to investigate and report on state house improve- 
ments 172 

to license trading-stamp companies and fix 

fees 489, 490, 491 

to make biennial report of highway improvement 422 

to prepare bill for system of state highways 137 

to procure plans and surveys of state highways. . 426 

to report upon proposed highway law 139 

to supervise construction of Manchester armory. . 99 

to supervise construction of state highways 43, 136 

to supervise state highway improvement 421 

Governor's council, compensation of 524 

Graf, J. Adam, appropriation in favor of 537 

Grafton county, salary of judge of probate 95 

terms of probate court 11 

terms of superior court . 28 

Grafton Improvement Manufacturing & Power Co., charter amended. . 317 

Granite Lake 16 

Granite State Dairymen's Association, appropriation in favor of 162, 541 

Granite State Deaf Mute Mission, appropriation in favor of 149, 545 

Green's Basin, appropriation for removing boulders 165, 544 

Green's Grant, highway appropriation for 50 

Greenville, water-works authorized 355 

may acquire electric power and lighting plant 275 

Grey, Temple, appropriation in favor of 169 

Guardian, appointment of when parents unfit 115 

incorporated orphans' home may act as 116 

may lease ward's real estate, when 406 

may provide for adoption or apprenticeship of ward 116 

may resign his trust 413 



1905] 



GENERAL INDEX. 695 



Hampsteao & Haveihill Street Railway Co., cliarter of 253 

Hanover village precinct, adoption of act by 611 

powers of commissioners (ilO 

purchase or lease of land by Gil 

Haverhill, police court of 183, 187 

town-meeting legalized 187 

Hayes Cemetei'y Association, charter of ~ 597 

Hayes Hospital, Dover may exempt from taxation 202 

Health officers to report cases of smallpox 37 

Hedding Campmeeting Association may refund indebtedness 242 

Hedgehogs, bounty on . 58 

bounty repealed 439 

Herald Publishing Co., appropriation in favor of 549 

Highland Lake, appropriation for screening 156 

Highland Spring Sanatorium, Nashua may exempt from taxation 345 

High schools, annual state appropriation for tuition in 504 

approval of by state superintendent 118 

how discontinued or relocated 411 

if established to be maintained 482 

school district may contract for tuition in 505 

tuition for non-residents limited 117 

*' High school" or " academy " defined 25, 411 

Highways. See State highways. 
Highways, appropriations for: 

Brook road 51 

Cardigan Mountain road 51 

new road 108 

Country Pond road 53 

Crotchet Mountain road 168 

Dale road 167 

Diamond Ponds road 50 

Dixville Notch road 49 

Echo Lake and Notch road 51 

Forest Lake road 50 

Hurricane Mountain road 51 

Jefferson Notch road 49 

Lake Shore road (Newbury) 53 

Lake Shore road (Sunapee) 53 

Lake Side and Soo-Nippi Park road 53 

Miller Park road 53 

Moosilauke road 49 

Moosilauke Mountain road in Warren 167 

Mount Washington and Franconia road 49 

Nash Stream road 51 

Pinkham Notch I'oad 50 

Sandwich Notch road 51 

Sugar Loaf road 50 

Warren road 51 

from Colebrook to Errol 51 

Crawford House to Willey House 50 

Errol to Berlin, in Cambridge 167 

Errol to Wentworth's Location ... 49, 167 

Farnsworth place to Second Lake House 50 

Franconia to Flume House 51 

North Woodstock to Flume House 51 



696 GENERAL INDEX. [1905 

Highways, api)ropriations for: 

from Odiorne's Point to Jenuess Beach 52 

Willey House to Bartlett 50 

in Albany 51 

Bartlett 51 

Benton 50, 52 

Campton 167 

Dixville 50 

Dorchester 51 

Dumraer 50 

Enfield 167 

Errol 50 

Green's Grant 50 

Martin's Location 50 

Moultonborough 50 

Ossipee 167 

Pinkham's Grant 50 

Randolph 50 

Thornton 51 

Wentworth's Location 51 

Highways, deposit of loose stones in prohibited 67 

how made subject to gates and bars 14 

regulation of use by street railways 80 

removal of loose stones by highway officers 67 

street railways to make repairs in; penalty 80 

trees in, how marked 119 

wires and poles in, may be located by agents of town 71 

Highways, permanent improvement of 421-426 

additional state aid, how secured 422 

annual appropriation of $125,000 for six years 425 

appropriations by towns and counties 422 

award of contracts on competitive bids 424 

expenditure of joint fund 423 

governor and council may exercise right of eminent domain 424 

to appoint state engineer, etc 421 

to apportion additional state aid 423 

to furnish specifications for work 424 

to make biennial report 422 

improved highways to be maintained by towns 424 

supervision and control of work 421, 422 

Hill, George Vernon, appropriation in favor of 549 

Hills Farms Cemetery 565 

Hillsborough county, certain bonds exempted from taxation 350 

salaries of county commissioners 112 

History Commission of Concord, charter of 305 

Horton, George E., appropriation in favor of 549 

House journal, daily publication of 63 

Hudson, water-works and electric plant authorized 230 

Hudson, Pelham & Salem Electric Railway Co. may lease certain lines. 280 

Hudson Water Co., charter of 581 

Hunt, Edwin P., appropriation in favor of 536 

Hurricane Mountain road, appropriation for 51 

Huse, Merritt C, appropriation in favor of 169, 549 

Illiterate voters, examination of regulated 468 

Indigent deaf mutes and blind, appi'opriation for 60 



1905] 



GENERAL INDEX. 697 



Industrial School, appropriation for 166, 541 

Ingalls, Horace L., appropriation in favor of 170, 550 

Inheritance tax. .See Collateral legacies. 

Insane persons, if dependent, to be cared for by state . 57 

transfers of, by state board of lunacy 57 

parole of, from State Hospital 517 

Insolvent estate, application for decree to be within one year 15 

decree of insolvency as matter of discretion 15 

Insurance company chargeable with broker's knowledge 417 

clerk, etc., of foreign company need not be licensed 417 

domestic company to be licensed 16 

information to be furnished to commissioner. 16 

taxation of foreign companies 523 

Insurance brokers, licensing of 417 

Intoxicating liquor, sale regulated 82-95, 442-45& 

acceptance of license provisions by popular vote 92, 93 

conduct of special meetings 126 

form of ballots 126 

bond to be filed by licensee 86 

action on, how brought 5.32 

certain licenses not to be exercised in dwellings 90 

certain persons not to sell or serve liquor 89, 451 

classification of licenses 83, 443 

doors to be closed during times when sale forbidden 89 

entry by officers for purpose of inspection 90 

false statements in application constitute perjury 92 

fees for licenses 84, 85, 444 

distribution of fees and forfeitures 86, 87, 449 

increase of fees by town or city 93 

to be deposited with application 86 

fraudulent certificate or prescription ; penalty 91, 454 

hours and days of sale regulated 88, 450 

illegal sale of liquor; penalty 93, 122, 440, 455, 456, 528 

of cider ; penalty 123 

giving away, etc., deemed unlawful sale 124 

"liquor," ''spirituous liquor," and "intoxicating liquor" de- 
fined 88, 124, 442 

neglect to prosecute for second offence; penalty 124 

plea of nolo contendere not to be received 125 

prosecution to be ordered by court for second offence 124 

recognizances forfeited for breach of condition 123 

suspension of sentence for first offence 123 

town agents; powers, duties, and compensation 124 

may petition for abatement of liquor nuisance 125 

to enforce liquor laws 124 

what officers to prosecute; penalty for neglect 125, 530, 531 

liability for sale to habitual drunkard after notice 91, 454 

service and return of notice, how made 455 

license commissioners; appointment, compensation, etc 82 

clerk to act as treasurer ; bond of 86 

employment of clerical force 83 

may compel attendance of witnesses 456 

may license hotels in unorganized places 122 

records to be subject to inspection 86 

to appoint special agents 83 

• 20 



698 GENERAL INDEX. [1905 

Intoxicating liquor, sale regulated : 

license commissioners to furnish list of licenses to town officers. .. . 93 

to have offices in Concord 83 

to prescribe regulations in certain cases 92, 455 

to render annual report 82 

licenses not granted for certain locations 86, 448 

to certain persons So, 446 

liquor sold to be drunk on premises, price of not recoverable 89 

" person " includes firms and corporations 82 

prima facie evidence of sale, vphat deemed 92 

prosecution for sale in no-license territory, attorney-general superior 

authority. 529 

complaints, how and by whom made 530 

county solicitor, charge of delinquency against 530 

not to act as attorney for liquor dealers 530 

special compensation of 531 

substitute for, when and how appointed 531 

compensation of 531 

to have immediate charge or prosecutions 530 

" no-license territory " defined 529 

sheriffs and deputies to investigate 531 

records of druggists, etc., who may inspect 91, 454 

revocation of licenses 88 

sale and surrender of license by administrator 88, 450 

sale of adulterated liquor prohibited 89 ' 

sales by druggists regulated 90, 91, 452 

by hardware dealers, etc., regulated 452 

to certain persons prohibited 88, 450 

samples of liquor for analysis, how taken 90 

screens, blinds, etc., use of forbidden 89 

special agents, powers and duties S3, 443 

suspension of business in case of riot, etc 89 

town to pay rebate for surrendered license, when 450 

transfer of license to other premises 87 

J. M. Stewart & Sons Co., appropriation in favor of 170, 549 

Jackson Water-w^orks Co., charter of 279 

Jefferson Notch road, appropriation for 49 

Jefferson Notch road commission, appropriation for 48 

Jenks, Walter L. & Co., appropriation in favor of 170, 550 

Jewett, John W., appropriation in favor of widow 169 

John B. Clarke Co., appropriation in favor of 170, 549 

Johnson, George W., appropriation in favor of 153 

Johnson, Gilbert W., appropriation in favor of 170 

Journals of house and senate, daily publication of 63 

Junk dealers, licensing of 484 

Jury service, firemen exempt from in certain cases 20 

Justice of peace to act as coroner, when 134 

Kearsarge Mountain Electric Kailway Co., charter of 322 

charter extended 588 

Keeler, I. Eugene, appropriation in favor of 170, 549 

Keene may exempt property of Y. M. C. A. from taxation 347 

police commission established 558 

Keene Electric Railway Co., charter revived and extended 634 

Keene Gas & Electric Co., capital stock increased 572 



1905] GENERAL INDEX. 099 

Keene, Marlow & Newport Electric Railway Co., charter extended 241, 583 

Kennett, A. C, appropriation in favor of 537 

Kniohts of Pythias Building Association of Manchester, charter revived 

and extended 238 

Kolelemook lake 15 

Labok, hours for women, etc., regulafed 518 

Laboratory of hygiene, appropriation for 22 

Laborer on building, lien of 436 

Laconia, city charter amended 184, 204 

Laconia Power Co., charter of 635 

Lake Shore road (Newbury), appropriation for 53 

Lake Shore road (Sunapee), appropriation for 53 

Lake Side and Soo-Nippi Park road, appropriation for 53 

Lake Sunapee Protective Corporation may establish hatcheries 527 

Lake trout, permission to sell revoked 17 

protection in Winnipesaukee and Winnisquam lakes 72 

taking of for compensation prohibited 72 

Lambert, John T., appropriation in favor of 549 

Lancaster, certain votes and proceedings legalized 228 

may acquire property for protection of water supply 229 

may exempt North Star Masonic Corporation from taxation. 228 
Land-locked salmon, protection in Winnipesaukee and Winnisquam 

lakes 72 

Langley, Warren F., appropriation in favor of 171 

Langmaid, Mary T., appropriation in favor of 550 

Larkin, Josephine C, appropriation in favor of 169 

L' Association Canado-Americaine, name changed to Association Cana- 

do-Americaine; charter amended 555 

Laughlin, James, appropriation in favor of 169 

Langhlii), James A., appropriation in favor of.. 549 

Launches, when and where taxed 414 

Law, John K., appropriation in favor of 153, 169, 549 

Laws, W. H., appropriation in favor of 170 

Laws, William H,, appropriation in favor of 550 

Leigh ton, Fred, appropriation in favor of 170, 549 

Libby, Jesse M., appropriation in favor of 550 

Library commissioners abolished 8 

License of automobiles. See Automobiles, operation of. 

of insurance brokers 417 

of junk dealers 484 

of liquor dealers. See Intoxicating liquor, sale of. 

of motor cycles. See Automobiles, operation of. 

of non-residents to kill deer 74 

of non-resident hunters. See Fish and game. 

of physicians in summer hotels 5 

of spayed bitch 108 

of steamboats. See Steamboats, inspection of. 

of trading-stamp companies. See Ti-ading-stamps, issuance 
and use. 

Lien for stallion service, colt subject to 420 

of brickmaker, etc 468 

of laborer on building 436 

Lily lake 486 

Lisbon village district established 222 



700 GENERAL INDEX. [1905 

Lisbon village district meeting legalized 354 

Literary fund, transfer of certain monies to 68 

Little Squam bridge, appropriation for raising 160 

Little Squam lake, appropriation for dredging outlet 160 

Littleton, school privileges equalized 239 

town-meeting legalized ^ 283 

water-works and electric plant authorized 256 

Littleton, Franconia & Bethlehem Street Railway, charter of 211 

Lombard, Mary F., appropriation in favor of 175 

Longa, Horatio W., appropriation in favor of 169, 536 

Loon Island lighthouse (Suuapee Lake), appropriation for 161, 540 

Loons, their eggs and young, protected 420 

Loose stones, deposit of in highway prohibited 67 

to be removed by liighway officers 67 

Lougee's pond, appi'opriation for screening 160 

Lovejoy, Warren W., appropriation in favor of 169, 536 

Lowry, John W., appropi-iation in favor of 170, 550 

L'Union Canadienne de Mancliester, N. H., charter amended 571 

L'Union St. Jean Baptiste Society in Nashua, capital stock authorized. 644 
Lyme pond closed to ice fishing 400 

Madden, James, appropriation in favor of 169 

Manchester, appropriation for armory in 99 

appropriation for Camp Derwin ratified 239 

board of assessors established 345 

employment certificates in, how granted 613 

enumeration of school children in 614 

health inspectors may arrest, when 584 

may exempt realty of Manchester Art Association from 

taxation 607 

police commissioners to appoint janitor of police station. . 353 

Manchester & Haverhill Street Railway Co., charter of 339 

charter extended 608 

Manchester Fire Insurance Co. of New Hampshire, charter of 259 

Manchester Mills, capital stock increased 180 

Manchester News Publishing Co., appropriation in favor of 170 

Manchester Y. M. C. A., exemption from taxation 313 

Maple sugar substitutes, sale of prohibited ; penalty 532 

Maps and surveys by town proprietors, pi-eservation of 37 

March, Benjamin F., appropriation in favor of 165 

Marriage, notice of intention by non-resident 79 

provision as to notice repealed 486 

Martin's Location, highway appropriation for 50 

Mason, Henry K., appropriation in favor of 171 

Massabesic Horse Railroad Co., charter repealed 236 

Mathews, H. O., appropriation in favor of 549 

Matthews & Sawyer, appropriation in favor of 549, 550 

Maynesboro' Fire Insurance Co., charter of 289 

McElwain, Herbert A., appropriation in favor of 169, 536 

McQuaid, Elias A., appropriation in favor of 170, 549 

Medical referees, appointment oif ; tenure of office 140 

compensation of physicians employed by 142 

county solicitor to audit accounts of 142, 474 

to appoint substitute fur 472 

delivery of bodies by, after examination 141 



1905] 



GENERAL INDEX. 701 



Medical referees, employment of chemists and clerk 141 

examination of bodies, when and liow made. 140, 472 

fees of 142, 467, 474 

fees of witnesses for attendance before 467 

inquests, when held and how conducted 141, 474 

procedure on finding of violent death 141 

records and blanks for use of : .... 143 

report of natural death by, not conclusive 1-11, 474 

service of process by 1-12, 466, 467 

to take charge of property found on body 142 

Meredith, one of Dolly islands annexed to 252 

Meredith & Ossipee Valley Railroad Co., charter of 307 

charter extended 589 

Merrill, Robert J., appropriation in favor of 549 

Merrimack county, salary of judge of probate 42 

Merry Meeting lake, appropriation for screening 157 

Metcalf, Henry H., appropriation in favor of 170, 549 

Militia. See New Hampshire National Guard. 

Milk, producer of may sell without license 73 

Miller Park road, appropriation for 53 

Milton, disposition of trust funds authorized 587 

Milton Mills & Union Electric Railway Co., charter of 314 

Ministerial Fund in Plaistow, transfer of funds authorized 593 

Mink brook (Hanover), deposit of waste in prohibited ... 483 

Minor, neglect of parent to support ; penalty 523 

Moderator, appointment if office vacarjt or incumbent absent 59 

Monitor & Statesman, appropriation in favor of 549 

Monitor & Statesman Co., appropriation in favor of ^70 

Monroe Water Power Co., charter of 608 

Moose, transportation of by common carrier prohibited ; penaltj^ 495 

Moosilauke Mountain road, appropriation for 167 

Moosilauke Railroad, charter extended 219 

Moosilauke road, appropiiation for 49 

Morrison, Adelaide, appropriation in favor of 550 

Morrison, Susan R., appropriation in favor of 169 

Mortgage, discharge of to be given and recorded 428 

notice of sale under power, how given • 398 

of after-acquired corporate property 525 

of corporate franchises 475 

Motor cyles, operation of. See Automobiles, 

Mount Pleasant Hotel Co., aiipropriaticln in favor of 543 

capital stock increased 282 

name changed to Bretton Woods Co 558 

Mount Washington and Franconia road, appropriation for 47, 49 

commission to be appointed by 

governor 45 

division into sections 46 

land damages, assessment and 

return 47 

survey and location of 45 

width and character of con- 
struction 47 

Moultonborough, highway appropriation for .' 50 

Munsonville Pond, name changed to Granite Lake 16 

Murder in first degree, punishment of 1 14 



702 GENERAL INDEX. [1905 

Murray, Robert F., apj^ropriation in favor of widow 535 

Muster rolls of New Hampshire regiments, appropriation for restoring. 170 

Names changed: 

by probate courts 176-179, 550-554 

Congregational Society in Plaistow and Ministerial Fund in Plais- 
tow, to Evangelical Congregational Church of Plaistow, N. H., 

and North Parish of Haverhill, Mass 592 

Dodge's Falls Dam and Manufacturing Co., to Ryegate Paper Co. .. 188 

Exeter Gas, Electric Light & Power Co., to Exeter Gas Light Co. . . 326 

Exeter Gas Light Co., to Exeter Gas, Electric Light ife Power Co. . 260 

Farms Cemetery, to Hills Farms Cemetery 565 

Gorham Five Cents Savings Bank, to Gorham Savings Bank 271 

L' Association Canado-Araericaine, to Association Canado-Ameri- 

caine 555 

Mount Pleasant Hotel Co., to Bretton Woods Co 558 

Munsonville pond, to Granite lake 16 

New Hampshire Conference Seminary and Female College, to Til- 
ton Seminary 191 

New Hampshire Health and Accident Insurance Co., to State Secu- 
rity Life and Accident Co 248 

People's Church at Laconia in the County of Belknap, to First 

Christian Church of Laconia, New Hampshire 570 

Shaw's pond, to Lily lake 486 

Station lake, to Kolelemook lake 15 

South Congregational Society in Newmarket, N. H., to Congrega- 
tional Society in Newfields 267 

Woman's Auxiliary to the City Missionary Society of Manchester, 

to District Nursing Association of the City of Manchester 237 

Names may be changed by the superior court, when 402 

clerks to transmit lists of changes to probate office 402 

Nash Stream road, appropriation for 51 

Nashua, cemetery trustees may establish perpetual care fund 634 

issue of municipal bonds authorized 283 

may appropriate money for semi-centennial 183 

may exempt Highland Spring Sanatorium Co. from taxation . .. 345 

police court fines payable to clerk 613 

salary of associate justice of police court when justice absent. . 192 

Nashua & Hollis Electric Railroad Co., charter of 244 

chai'ter extended . . 586 

Nashua Light, Heat & Power Co. , capital stock increased 603 

charter amended 277 

Nashua Trust Co., charter amended 572 

Nason, Edward M., appropriation in favor of 170 

Nason, Edward N., appropriation in favor of 550 

National forest reserve approved 535 

Nelson, Howard O., appropriation in favor of 549 

Newcastle, prosecution of claim against United States 352 

New England Breeders' Club, charter of 648 

Newfields, school-district meeting legalized 352 

New Hampshire College of Agriculture, appropriation for 168, 548 

New Hampshire Conference Preachers' Aid Society of the Methodist 

Episcopal Church, charter amended 587 

New Hampshire Genealogical Society, charter of 216 

New Hampshire Health and Accident Insurance Co., name changed to 

State Security Life and Accident Co. ; powers enlarged 248 



1905] GENERAL INDEX. 703 

New Hampshire Horticultural Society, appropriation in favor of 09 

to render account to governor 

and council 69 

to report to board of agriculture 69 
New Hampshire National Guard: 

appropriation for Manchester armory 99 

bands, how raised; instruments and uniforms 463 

brevet rank, on whom conferred 464 

brigade commissary 144 

commander-in-chief may expend $35,000 annually 62 

commissaries of infantry 144 

commissary-sergeants of cavalry and artillery 143 

company drill 464 

compensation of musicians 145 

competitive rifle practice 464 

date of organization 463 

descriptive book and enlistment papers 462 

inspector of rifle practice, duties of 462 

pay of 464 

medical examiners of recruits 465 

medical officer of cavalry ti'oop 465 

new enlistments in existing organization 463 

officers with militia on peace footing 461 

order for raising company, when issued 462 

pay for attendance at rifle competitions 464 

regimental field and staff officers 462 

retired list, how made up 465 

uniforms, etc., of new company, how issued 463 

valid enlistment, what constitutes 463 

warning of parade, how given : 464 

New Hampshire Odd Fellows Widows' and Orphans' Home, charter 

amended 216 

New Hampshire School for Feeble-minded Children, appropriation for. 164, 171 

540, 542 

female inmates may remain after minority 413 

New Hampshire Soldiers' Home, appropriation for 66, 161, 545 

managers authorized to secure water 

supply 66 

New Hampshire State Hospital, appropriation for 152, 519 

superior court may parole inmates .... 517 

New Hampshire State Normal School, appropriation for 56, 538 

ti'ustees, appointment and tenure 

of office 7 

New Hampshire State Sanatorium, establishment of 506-509 

act void if institution otherwise provided 509 

appropriation for, how provided 509 

ai;dit of building expenses 508 

charges for support of patients 507 

treasurer, appointment and duties 508 

trustees, annual report of 508 

appointment and tenure of office 506 

compensation of 507 

constituted a corporation 507 

to report on site and erect building .506, 507 

New Hampshire Veterans' Association, appropriation for 152 



704 GENERAL INDEX. [1905 

New London school distiict, certain residences annexed to, from Wil- 

mot school district 347 

Newmarket invested with ris^hts of Newmarket Water-works 201 

Newmarket Electric Light, Power & Heat Co., charter amended 281 

Newmarket Manufacturing Co., capital stock increased 243 

Newport & George's Mills Electric R lilway Co., charter extended 286 

Newton, town meeting legalized 287 

Non-resident, administration of estate of, where granted 402 

hunting license of. See Fish and game. 

notice of execution sale, how given to 409 

notice of intention of marriage, how given by 79 

provision as to notice of marriage repealed 486 

to procure license for killing deer 74 

North Conway & Mount Kearsarge Railroad, charter extended 215, 589 

North Conway water precinct, water-works authorized 577 

North Hampton village district established 605 

North Shore Water Co., charter amended 196 

North Star Masonic Corporation, Lancaster may exemjit from taxation. 228 

Northumberland, town-meeting legalized 269 

North Woodstock to Flume House, appropriation for highway 51 

Nurseries, inspection and fumigation of 35 

stock shipped into state to bear certificate of inspection 36 

state nursery inspector, appointment and duties 35 

board of agriculture to x>rosecute violations 86 

Nutfield Savings Bank of Derry, charter of 017 

Obstruction of firemen and fire apparatus; penalty 478 

Odiorne's Point to Jenness Beach, appropriation for highway 52 

Omicron Deuteron Charge of Theta Delta Chi Fraternity, charter of. . . 278 

O'Shaughnessy, W. J., appropriation in favor of 170 

Ossipee, highway appropriation for 167 

Ossipee Water & Electric Co., charter of 264 

Partridge protected 496 

Patch, William J., appropriation in favor of 164 

Pauper claim, afifldavit of pauper, when to be made 61 

liability of one county to another for 61 

of town against county, when to be presented 61 

when recoverable against estate; preference of 34 

Pauper settlement of legitimate ciiildren 110 

of person over seventy, not lost by non-payment of 

poll tax 100 

of unmarried women 110 

town not liable unless settlement gained within ten 

years 100 

Peabody River Impi'ovement Co., charter of 333 

Pearson, Harlan C, appropriation in favor of 170, 549 

Peerless Casualty Co., capital stock increased 647 

Penacook and Boscawen water precinct may refund indebtedness 643 

Penacook lake, appropriation for screening 158 

People & Patriot Co., appropriation in favor of 170, 549 

People's Church at Laconiain the County of Belknap, name changed to 

First Christian Church of Laconia, New Hampshire 570 

Peterborough may exempt certain buildings from taxation 252 

Pews, taxation of, for support of public worship 56 

Phillips, Lewis W., appropriation in favor of .549 



1905] GENERAL INDEX. 705 

Philotechnic Society, charter amended 320 

Pliysicians, course of study required to be sl)Ovvn ] 14 

in summer hotels, to be licensed 5 

to report cases of smallpox; penalty 37 

to report deaths and removals of consumptives. 410 

Pickerel not protected in Suuapee lake 527 

Pickering, Richard, annexation of to Portsmouth r(i)eiiled 236 

Pike perch protected 73 

Pinkham Notch road, appropriation for. 50 

closing in wintei' authorized 481 

Pinkham's Grant, highway appropriaticm for 50 

Piper, Martin L., appropriation in favor of 169 

Pittsfield Light & Power Co., charter of id84 

Pittsfield Loan & Trust Co., lirst meeting, how callt d 638 

Pleasant pond, appropriation for screening 154 

Plj^mouth, school-district meeting legalized 555 

Police to enforce law against drunkenness 521 

Police commissioners may hold other offices 416 

to enforce law against drunkenness 521 

Polluted water, state board of health may prohibit use 31 

Portable mills, how and where taxed 408 

Portsmouth, annexation of Richard Pickering repealed 236 

city charter amended 621-628 

may borrow money to eiect high school building 194 

Post pond closed to ice fishing 400 

Probate court, administration of estate of non-residenl 402 

may appoint guardian of minor when parents unfit 115 

may authorize guardian to lease real estate 406 

may authorize transfer by trustee after trust executed . . 132 

may decree insolvency in exercise of discretion 15 

may permit administrator to resign 29 

may permit guardian to resign 413 

terms for Rockingham county 28 

Grafton county 11 

Proprietors' meetings, procedure when annual meeting not held 22 

Prudential Fire Insurance Co., charter of 2.'^8 

Public funds, misapplication and excessive expenditure; penalty 64 

Public printing commission, clerical assistance for 477 

may reduce number of copies of state pub- 
lications .... 477 

Public Statutes amended, etc.: 

chapter 2, section 33, meaning of " liquor," etc 123 

5, section 2, session laws 98 

7, section 3, state house and yard 130 

10, section 27, discharge from State Hospital 517 

12, section 10, secretary of board of agriculture 513 

16, section 6, state loans, when and how effected 487 

26, section 1, county ofificers to give bonds 466 

27, section 20, fees of county commissioners 112 

32, section 7, corrected check-list 467 

42, sections 2, 3, appointment 'of moderator 59 

50, section 10, powers of city councils 404 

51, section 2, cemeteries .38 

53, section 7, officers of village districts 516 

53, section 14, notice of election of flrewards 516 



706 



GENERAL INDEX. 



[1905 



Public Statutes amended, etc. 



chapter 



59 

60 

65 

72 

81 

83 

85 

86 

88 

92 

92 

92 

92 

92 

92 

93 

94 

95 

95 

112 

112 

112 

112 

112 

119 

119 

124 

134 

141 

141 

153 

154 

162 

162 

162 

165 

166 

166 



169, 
174 
177 
179 
180 
182 
184 
192 
195 
196 
196 
204 
209 
212 
212 



section 7, tax-list and warrant 

section 13, real estate tax 

section 7, building and loan associations 

sections 1, 3, 4, discontinuance of higliwaj s 

section 2, wires, etc., in highways 

section 1, pauper settlements 

sections 4, 5, 9, pauper claims 

section 1, deaf mutes and blind 

section 1, school tax 

section 3, dismissal of teachers 

section 4, dismissed teacher, liability to 

section 6, studies prescribed 

section 8, schoolhouse flags 

section 13, reports of school boards 

section 21, teachers' institutes 

section 14, compulsory school attendance 

section 2, school laws 

section 2, State Normal School 

section 8, State Normal School 

section 15, sale of liquor 122, 

section 16, sale of cider 

section 17, liquor prosecutions 

section 23, liquor prosecutions 

section 28, forfeiture of recognizances 

inspection of steamboats, etc 

section 1, steamboat inspectors 

section 1, license of junk dealers 

sections 5, 7, 8, practice of dentistry 

section 10, lien of laborer on building 

section 11, lien of brickmaker, etc 

sections 10, 14, 15, meeting-houses 

section 27, proprietors' meetings 

section 3, appointment of bank commissioners 

section 4, bank commissioners 70, 

section 15, appointment of assignee of bank 

section 18, trust companies 

section 1, formation of building and loan association. . . 
section 4, corporate existence of building and loan asso- 



ciation 



section 14, taxation of foreign insurance companies. . . . 

sections 5, 6, intention of marriage . 

section 8, power of guardian as to real estate 

section 3, guardians of spendthrifts 

section 14, hours of labor for women, etc 

section 8, administration, where granted 

section 1, probate court for Rockingham county 

section 1, insolvent estates 

section 10, widow's distributive share 

section 1, descent of real estate 

section 4, descent to bastard and issue 

section 14, copies and briefs in supreme coart 

section 3, exemptions from jury service 

title amended 

sections 4, 6, service of process by coroner 142, 



111 

111 

129 

14 

71 

110 

61 

60 

441 

471 

471 

25 

32 

8 

24 

13 

27 

6 

56 

528 

123 

123 

125 

123 

460 

65 

484 

113 

436 

468 

56 

22 

415 

415 

469 

419 

417 

418 
523 

79 
406 

12 
518 
402 

28 

15 
407 

66 
400 
405 

20 
466 
466 



1905] 



GENERAL INDEX. 707 



Public statutes amended, etc. : 

chapter 2]2, section 10, penalty for neglect to serve process 467 

216, section 1, transitory actions, where brought 512 

220, section 16, attachment of bulky articles 438 

221, section 1, exemption of females from arrest 441 

233, section 20, notice of execution sale of realty 409 

233, section 21, notice to non-resident debtor 409 

246, section 4, demand for rent to forfeit lease. . 470 

262, coroners' inquests 143 

262, sections 1, 2, coroners' inquests 132 

262, section 16, burial by coroner 133 

264, section 14, drunkenness prohibited 26 

273, section 17, embezzlement by agents 397 

278, section 5, punishment of murder 114 

285, section 17, state prison 73 

286, section 14, judges of probate 78, 95, 96, 131, 512 

286, section 15, registers of probate 131 

286, section 21, compensation of councilors 544 

287, section 6, costs for briefs in supreme court 405 

287, section 13, fees of witnesses 467 

287, section 19, fees of coroners and constables 467 

287, section 28, fees of coroners 134 

Punt guns, use in hunting prohibited; penalty 515 

Quail protected 496 

Railroad commissioners, appeal to, from decision of steamboat in- 
spectors 458, 459 

to supervise inspection and licensing of 

steamboats 458 

Railway track, placing explosive on ; penalty : 478 

Rainville, George A., appropriation in favor of 549 

Randolph, highway appropriation for 50 

Receiver for bank, appointment of 469 

Registry of bottles for milk and other beverages 120 

Rent of realty, how demanded of lessee 470 

Roach, Amy G., appropriation in favor of 169 

Roberts, Charles H., appropriation in favor of 150 

Roberts, Charles S., appropriation in favor of 153 

Robinson, Allan H., appropriation in favor of 170, 549 

Rochester, issue of bonds authorized 568 

Rockingham county, salary of judge of probate 40 

terms of probate court 28 

Rollinsford, union of school districts in 240 

Ruffed grouse protected 496 

Rye village district established 604 

Ryegate Paper Co 188 

Salaey of bank commissioners 70 

of commissioners of Hillsborough county 112 

of fish and game commissioners 11 

of judge of probate for Rockingham county 40 

Strafford county 40 

Belknap county 131 

Carroll county 78 

Merrimack county 42 

Sullivan county 96 



708 ' GENERAL INDEX. [1905 

Salary of judge of probate for Grafton county 95 

Coos county 512 

of judges of superior court 522 

of supreme court 522 

of justice of police court of Concord 203 

of register of probate for Strafford county 41 

Belknap county 131 

Cheshire county 38 

Sullivan county 416 

C<i6s county 41 

of state reporter 9 

Salem Water-works Co. , charter amended 202 

Sandwich Notch road, appropriation for 51 

Savings-bank book, illegal detention of 469 

issue of duplicate regulated 439 

Savings banks, investment of funds in municipal bonds 486 

in railroad securities 484 

Schools, amount and assessment of tax for 441 

annual eniimeration of school children 74, 505 

how made in Manchester 614 

attendance at teachers' institutes 24 

biennial issue of school laws 27 

compulsory attendance of scholars 13 

dismissal of teacher by school board 471 

district liable to dismissed teacher, when 471 

district may contract with local academy 118 

high schools, annual state appropriation for tuition in 504 

appi'oval of by state superintendent 118 

how discontinued or relocated 411 

if established to be maintained 482 

school district may contract for tuition in 505 

tuition for non-residents limited 117 

" high school " or " academy " defined 411 

instruction in state and federal constitutions 25 

literary fund, transfer of certain monies to 68 

number of teachers in supervisory districts 528 

state superintendent, allowance of traveling expenses to 471 

reports of school boards to 8 

schoolhouse flags, expenditure for limited 32 

Senate journal, daily publication of 63 

Session laws amended, etc. : 

1855, chapter 1,690, section 2, lines in Nashua police court 613 

1860, chapter 2,423, Claremout Gas Light Co 579 

1861, chapter 2,555, section 2, Alpha Delta Phi Society 238 

1877, chapter 127, section 2, New Hampshire Conference Preachers' 

Aid Society of the Methodist Episcopal Church 587 

1885, chapter 165, section 3, Manchester board of health 584 

190, section 1, Farms Cemetery 565 

1887, chapter 251, section 2, L' Union St. Jean Baptiste Society in 

Nashua 644 

287, section 1, Dover Gas Light Co 629 

1889, chapter 202, section 3, Wolf eborough water-works 251 

1891, chapter 60, section 3, dog licenses 109 

265, section 1, Nashua Trust Co 572 

1893, chapter 3, section 1, bank commissioners 69 



1905] 



GENERAL INDEX. 709 



Session laws amended, etc. : 

1893, chapter 40, sections 1, 2, inspectors of buildings 146 

44, forestry commission 21 

64, section 1, engrossment of bills 401 

241, Laconia city cliarter 184, 204 

243, cemetery in Nashua 634 

272, section 1, Bennington Water-works Co 294 

1895, chapter 5, power of guardian as to real estate 406 

27, section 7, railways in highways 80 

27, section 10, repair of highways 80 

27, section 13, railroad crossings 76 

27, section 22, use of electric power 98 

32, section 2, state reports H'^ 

37, section 5, fees of bail commissioners 403 

43, section 9, municipal bonds 194 

46, section 1, enumeration of school children 74, 505 

59, section 13, adjutant-general '78 

59, section 37, militia officers on peace footinu 143, 461 

59, section 38, regimental field and staff offiofi s 144, 162 

59, section 40, militia officers 144 

59, section 41, inspector of rifle practice 462 

59, section 43, order for raising company 462 

59, section 44, enlistment book and roll 462 

59, section 45, valid enlistment, what constitutes 463 

59, section 50, date of militia organization 463 

59, section 51, new enhstments 463 

59, section 52, bands, their instruments, etc 463 

59, section 72, uniforms of new company 463 

59, section 75, company drill 464 

59, section 77, competitive rifle practice 464 

59, section 93, warning of parade, how given 464 

59, section 98, compensation of musicians 145 

59, section 101, pay of inspector of rifle practice 464 

59 section 103, pay for attendance at rifle competi- 
tions 464 

59, section 128, commander-in-chief 62 

59, section 130, brevet rank 464 

215, section 1, Androscoggin Hospital Association 268 

253, section 1, Newmarket Manufacturing Co 243 

1897, chapter 31, section 1, pauper settlements 100 

63, section 7, practice of medicine 114 

63, section 11, practice of medicine » 

78, section 4, certificates of nomination 525 

82, section 1, disposition of ballots 24 

84, section 2, salary of state reporter. . 9 

121, Berlin city charter 226 

159, section 1, American Accident Association 564 

183, section 2, Wolfeborough fire precinct 195 

184, Dalton Power Co 357 

206, section 4, Bethlehem Electric Light Co 215 

1899, chapter 19, section 3, power of sale mortgage 398 

46, section 1, fishing in Sunapee lake 482 

64, firemen's relief fund 130 

67, section 1, expenses of judges 97 

77, section 4, supervisory districts 528 



710 GENERAL INDEX. [1905 

Session laws amended, etc.: 

1899, chapter 79, section 1, judge of probate for Grafton county. . . 11 

81, section 1, liquor nuisance act 125 

82, regulations as to private boats 460 

198, Coos & Essex Water Co = . • .615-617 

200, Haverhill police court 183 

208, Walpole Electric Light & Power Co. . . .195, 348, 349, 638 

1901, chapter 23, section 6, laboratorj-- of hygiene 22 

24, section 4, superior court for Grafton county 28 

25, militia ofiScers 143 

29, probate court for Rockingham county 28 

36, section 1, trout protected in certain ponds 418 

51, State Normal School " 56 

58, section 2, release of convict on permit 479 

61, compulsory school attendance 13 

66, section 1, mortgage of corporate property 525 

69, section 1, sawdust in Ammonoosuc river 9 

78, section 11, salaries of judges 522 

78, section 12, fees of referees 33 

78, section 15, superior court for Carroll county 7 

79, section 10, fish and game commissioners 68 

79, section 11, fish and game commissioners 11 

79, section 14, interference with fish screens 95 

79, section 16, protection of deer 135, 495 

79, section 18, protection of fawns 495 

79, section 21, deer-chasing dog, killing of 495 

79, section .31, transportation of moose, etc 495 

79, section 32, transportation of deer 495 

79, section 37, certain provisions not applicable to 

scientists 495 

79, section .38, taking of birds, etc., for scientific pur- 
poses 496 

79, section 42, certain game birds protected 496 

79, section 52, taking of shiners 94 

79, section 54, fishing for trout 17 

79, section 56, lake trout and land-locked salmon. ... 72 

79, section 58, lake trout protected 17 

79, section .59, pike perch, white perch and black bass 73 

79, section 79, lobster traps 101 

84, public printing commission 477 

96, section 1, high schools 1 17 

96, section 3, state appropriation for high schools. . . . 504 
96, section 4, '"high school" or "academy" de- 
fined 2.5, 118, 411 

98, section 2, marking trees 119 

102, section 1, School for Feeble-minded Children 413 

105, caucuses and conventions 511 

105, section 9, caucuses and conventions 33 

107, section 4, sale of milk 72 

113, section 1, distributive share of widow 407 

114, section 1, investments of savings banks 484, 486 

185, section 1, Hillsborough county bonds. 350 

188, section 1, L' Union Canadienne de Manchester, 

N. H 571 

213, section 4, Pittsfield Loan & Trust Co 63a 



1905] 



GENERAL INDEX. 711 



Session laws amended, etc.: 

1901, chapter 225, section 5, Hanover village precinct 610 

225, section 8, Hanover village precinct 611 

236, Peerless Casualty Co 647 

243, Grafton Improvement Manufacturing & Power Co. 317 

253, section 6, Salem AVater-works Co 202 

1903, chapter 31, section 1, " higli school" or " academy" defined. 411 

40, caucuses and conventions 511 

62, bounty on hedgehogs 439 

65, section 1, deaf mutes and blind 522 

66, section 1, state tax for 1905 399 

87, killing of deer by non-residents 431 

92, section 1, closing of state offices 431 

93, section 1, notice by non-resident of intent to marry 486 

95, section 1, " liquor " defined 442 

95, section 5, special liquor agents 443 

95, section 6, classes of liquor licenses 443 

95, section 7, liquor license fees 444 

95, section 8, liquor licenses not granted to certain 

persons 446 

95, section 9, liquor licenses not granted for certain 

localities 448 

95, section 10, distribution of liquor license fees .... 449 
95, section 13, sale of liquor license by administrator. 449 
95, section 15, sale of liquor to certain persons pro- 
hibited 450 

95, section 16, hours and days of sale regulated 450 

95, section 17, certain persons not to sell or serve 

liquor 451 

95, section 22, sale of liquor by druggists 452 

95, section 23, record of liquor sales by certain dealers 452 

95, section 24, liquor records of druggists, etc 454 

95, section 25, fraudulent liquor certificate, etc 454 

95, section 27, sale of liquor to habitual drunkard. . . . 454 

95, section 33, illegal sale of liquor 456 

102, Laconia city charter 204 

118, section 3, school district may contract for high 

school tuition 505 

122, section 1, illegal sale of liquor 440, 528 

125, section 1, deposit of state funds 480 

134, section 2, number of medical I'eferees 472 

134, section 5, examination of bodies by medical 

referee 472 

134, section 7, inquests, when and how held 473 

134, section 8, report of natural death not conclusive. . 474 

134, section 12, audit of referees' accounts 474 

189, section 4, Dover police force, etc 563 

223, section 2, Dover street and park commission 644 

249, section 13, N"ashua & Hollls Electric Railroad Co. - 586 

251, section 1, Wolfeborough water-works 598 

318, Walpole Electric Light & Power Co 638 

Session laws, one thousand copies to be printed 98 

Severance, Albert T., appropriation in favor of 171 

Shackford, Frank M., appropriation in favor of 170, 549 

Shattuck, George E,, appropriation in favor of 175 



712 GENERAL INDEX. [1905 

Shaw's pond, name changed to Lily lake 486 

Shiners, taking of regulated 94 

Smallpox, physicians and town officers to report cases 37 

Smith, Eugene P., appropriation in favor of 175 

Smith, Frank G., appropriation in favor of 175 

Smith, Henry H., appropriation in favor of 153 

Snipe protected 496 

Society of Social Friends, charter amended 820 

Sons of Veterans Memorial Hall Association, charter of 295 

South Congregational Church in Newmarket, N. H., naine changed to 

Congregational Society in Newfields 267 

Spanish- Ameiican war veterans, exemption from poll tax 62 

Spayed bitch, fee for license of 109 

Spendthrifts, who ai'e deemed to be 12 

Spitting in public places prohibited ; penalty 6 

Sprinkling districts, city councils may establisli 404 

Squam bridge, appropriation for raising 160 

Squam lake, appropriation for buoys and lights 162, 539 

appropriation for dredging outlet 160 

Squirrel island annexed to Tuftonborough 77 

Stallion service, colt subject to lien for 420 

Stanley, William S., appropriation in favor of 549 

Star Stamp Co,, appropriation in favor of 549 

Stanyan, John M., appi'opriation in favor of 168 

State board of agriculture, seal provided 10 

to appoint nursery inspector 35 

to enforce nursery inspection laws 36 

secretary to collect and circulate certain in- 
formation 513 

State board of charities and corrections to send indigent consumptives 

to sanatorium 173 

State board of health may prohibit use of polluted water 31 

State board of lunacy to order removal of dependent insane to state hos- 
pital 57 

State funds, deposit of in approved banks 128, 480 

interest on deposits, disposition of 128, 480 

investment of i-egulated 128 

State highways: (See, also, Highways, permanent improvement of.) 

appropriation for purposes of act 139 

award of contracts on competitive bids 44 

certain counties to form a district 43 

certain roads designated 43, 425, 426 

division of highways into sections 45 

emergency repairs, how made 44 

existing highways may be appropinated 43 

governor and council to supervise 43, 136, 425 

inspection by state engineer and others 45 

plan for future state aid 138 

preparation of bill for future system 137 

state highway engineers, appointment of 44, 136, 421 

compensation of 45, 136, 421 

examination of routes by 137 

to advise local officers 138 

to prepare map of continuous highways. . 137 
to prepare plans for construction and re- 
pair 137, 138 



1905] 



GENERAL INDEX. 713 



State highways: (See, also, Highways, permanent improvement of.) 

state highway engineers, to procure maps of town officers 136 

surveys and plans to ho made 426 

State library building, appropriation for painting, eU' 150 

plans for enlargement of 58 

State loans, when and how effected 487 

State nursery inspector, appointment and duties 35 

State oflQces may be closed Saturday afternoons and holidays 79 

State officers to certify expense accounts, etc., under oath 485 

State parks, forestry commission to make regulations for 21 

State prison, appropriation for improvements and repairs 100, 539 

for library 100, 539 

for salary of chaplain 100, 539 

insufficiency of income, how met . 100, 539 

money and clothes for discharged convicts 73 

release of convicts on parole regulated 479 

State publications, governor may limit size of 117 

governor and council may authorize special 117 

reduction of number of copies, how effected 477 

State reportei", salary of 9 

State Security Life and Accicleut Co 248 

State superintendent of public instruction, allowance of traveling ex- 
penses 471 

approval of high schools by 118 
reports of local boards to . . 8 

State supplies, purchase of regulated 534 

State tax, apportionment of 102 

for 1904 and 1905 60 

for 1905 399 

for 1906 and 1907 517 

State treasurer, investment of state funds by. 128 

to deposit funds in approved banks 128, 480 

to distribute building and loan association taxh's 129 

to distribute interest on state deposits 128 

to transfer certain monies to literary fund 68 

see, also, Collateral legacies, taxation of. 

Station lake, name changed to Kolelemook lake 15 

Steamboats, inspection and licensing of 457-460 

appeal from decisions of inspectors 458, 459 

employment of unlicensed officer; penalty 459 

examination and certification of officers 458, 459 

illegal assumption or neglect of duty; penalty 459 

inspection districts created 457 

inspection of boat plying in two districts 457 

inspectors; appointment, duties and fees 15, 457, 460 

license revoked if boat unsafe 458 

owners to cause annual inspection 458 

passenger accommodations to be fixed •. 458 

private boats to carry lights; penalty 459, 460 

railroad commissioners to make regulation-^ 4.58 

taking of excessive fee by inspector; penalty 460 

use of unlicensed boat; penalty 459 

Stevens, Hiram S., farm severed from Middleton and annexed to Wake- 
field 269 

Stewart, Patrick J., appropriation in favor of 153 

21 



714 



GENERAL INDEX. 



[1905 



Stewartstown, tax exemption legalized 562 

Stone Dam narrows, appropriation for widening 544 

Strafford county, salary of judge of probate 40 

of register of probate 41 

Stratford may exempt hotel property from taxation 351 

Stratbam, election proceedings legalized 235 

Street railways, corporation operating or controlling to make return. . . 53 

crossing of steam railroad tracks regulated 76 

directors criminally liable for illegal issue of bonds, etc. 20 
issue of bonds, etc., subject to control by railroad com- 
missioners 20 

issue of stock, etc., by corporation in control 54 

securities not to be sold at less than par 19 

to keep highways in repair; penalty 80 

use of highways regulated 80 

Sugar Loaf road, appropriation for ,50 

Sullivan county, salary of judge of probate 96 

of register of probate 416 

Sunapee lake, appropriation for screening 173 

fishing in. See Fish and game. 

Suncook Water- works Co., extension of system authorized 590 

Superior court, actions tried at Derry, upon request 485 

appeal to, from decision closing Pinkham Notch road. . 481 

from decision of building inspector 146 

may appoint commissioner to take depositions outside 

state 18 

may appoint commissioner to take deposition of non- 
resident director 30 

may appoint receiver for bank 469 

may change name of divorced woman 402 

may discontinue or relocate high school 411 

may enforce certain orders of state board of health 31 

may grant relief if savings-bank book lost 440 

may order non-resident director to appear as witni.ss. . . 30 

may order payment of certain commissioners' fees 33 

may parole inmates of State Hospital 517 

salaries of and allowances to judges. 522 

terms for Carroll county 7 

for Grafton county 28 

for Coos county 427 

Supervisors to correct check-list 467 

to examine applicants for illiteracy 468 

Supervisory school district, number of teachers in 528 

Supreme court, copies and briefs in, how to be furnished 405 

costs for briefs, how taxed 405 

salaries of and allowances to judges 97, 522 

Swain, C. H. & Co., appropriation in favor of 549 

Swift riV^er (Tamworth), deposit of waste in prohibited 483 

Swift Eiver Railroad Co., charter of 306 

Swivel guns, use in hunting prohibited; penalty 515 

Tax, abatement of if timber trees planted 127 

if wide tires substituted 55 

apportionment of state tax 102 

for schools, amount and assessment 441 



1905] 



GENERAL INDEX. 715 



Tax, state tax for 1904 aud 1905 60 

for 1905 399 

for 1900 and 1907 517 

Taxation, appraisal of separated lands of same owner 21 

list and warrant to be delivered by June 30 Ill 

of boats and launches 414 

of building and loan associations 129 

of electric i^ower and light plants 437 

of foreign insurance companies 523 

of inheritances. See Collateral legacies. 

of pews for support of public worship 56 

of portable mills 408 

of trading-stamp companies 493 

of trading-stamp distributors 492 

real estate holden for taxes, how long Ill 

Tax exemptions: 

Appalachian Mountain Club reservation 244 

Dover, exemption of United Gas & Electric Co. ratified 645 

may exempt Hayes Hospital 202 

Gilmanton may exempt real estate of Highland Lodge, I. O. O. F. . . 346 

Gorham may exempt Mount Madison hotel 270 

Hillsborough county bonds 350 

Keene may exem^jt property of Y. M. C. A 347 

Lancaster may exempt property of North Star Masonic Corporation 228 

Manchester may exempt realty of Manchester Art Association 607 

Manchester Y. M. C. A. property 313 

Nashua may exempt Highland Spring Sanatorium Co 345 

Peterborough may exempt buildings on Tarbell Block lot 252 

Stratford may exempt hotel property 351 

Teachers' institutes, attendance at 24 

Telegraph Publishing Co., appropriation in favor of 170 

Tewksbury's pond, appropriation for screening 159 

Thornton, highway appropriation for • • • 51 

Thorp, Louis A., appropriation in favor of 169, 550 

Tickets for bread, milk, etc, to have detachable coupons 54 

penalty for unauthorized use 54 

Til ton Seminary 191 

Timber trees, abatement of tax for jjlanting of 127 

forestry commission may purchase seedlings 127 

Times Publishing Co., appropriation in favor of 170, 549 

Town clerks to assist in perfecting vital statistics 412 

Towns may appropriate money for extermination of brown-tail moth. . . 410 

may regulate construction of all buildings 146 

preparation of highway maps by; penalty for neglect 136 

to maintain established high schools 482 

union or set-off to be ratified by vote 96 

Trading-stamps, issuance and use regulated 488-494 

coupons to have value printed thereon 491 

distributor liable if company fails to redeem stamps 492 

license, trading-stamp company to procure 488, 490 

application for, to contain what 488, 490 

issuance, expiration, and revocation of; fees for 489, 491 

penalty for issuance of illegal coupons 494 

for neglect to make return for taxation 493, 494 

for transaction of business without license 490 



V16 GENERAL INDEX. [1905 

Trading-stamps, penalty for violations of sundry jjrovisions 492 

service on foreign company, how made 494 

taxation of distributor 492 

of trading-stamp company 493 

returns for taxation 492, 493 

Trading-stamp corporations, formation under general law prohibited . . 481 

Trees in highway, how marked 119 

Trout protected in Big Diamond pond 418 

i in Carter Notch ponds 503 

in Ellis River tributaries 503 

in Nathan pond 418 

in Saco river branches 503 

in Wildcat river tributaries 503 

Troy and Fitzwilliara Light & Power Co., charter confirmed and extended 645 

Trust company treasurer to give bonds, when 419 

Trustee, transfer by, after execution of trust 132 

Tuftonborough, cei'taiu islands annexed to 77 

Uncanoonuc Incline Railway and Development Cu., charter of 310 

charter extended 588 

may physically unite with Manchester Street Railway 573 

Union Publishing Co., appropriation in favor of 170, 549 

Union river, deposit of waste in prohibited 503 

United Fraternity, charter amended 320 

United Gas & Electric Co., tax exemption ratified 645 

transfer of property and franchise authorized 647 

Upper Coos & Essex Water Co., charter of 631 

Upton, Donald P., appropriation in favor of 169, 536 

ViCKSBURG monument, appropriation for 148 

Village district, appointment of fire engineers for 516 

Vital statistics, records to be perfected 412 

Waite, Harrie E., appropriation in favor of 549 

Wallace, William, appropriation in favor of 170 

Walpole Electric Light & Power Co., charter amended 195, 348 

powers enlarged 638 

Walpole Water & Sewer Co., charter of 198 

Warner & Kearsarge Road Co., charter revived and continued 191 

Warren road, appropriation for 51 

Warren Water & Light Co., charter of 292 

Waste matter, deposit prohibited in waters of Alton bay 406 

of Ammonoosuc river 29 

of Mink brook (Hanover). . 483 

of Swift riverand tributaries 483 

of Union river 503 

throwing upon sidewalks and streets prohibited 6 

Weare, election proceedings legalized 571 

Wells River Bridge, charter amended 210 

Wentworth Hospital, Dover may erect and maintain 568 

Wentworth's Location, highway appropriation for . 51 

Weston, William H., appropriation in favor of 169, 549 

White, Benjamin C, appropriation in favor of 170 

White Mountain forest lands, examination provided for 149 

national forest reserve approved 535 

White perch protected 73 



1905] GENERAL INDEX. 717 

Whitehead, James F., appropriation in favor of 153 

Wide tires, abatement of tax if substituted 55 

Widow, distributive shai'e of 407 

Willey House to Bartlett, appropriation for highv^ay 50 

Wihnot school district, certain residences severed from and annexed to 

New London school district 347 

Wilson, Jesse M., appropriation in favor of 549 

Wilton, water-works authorized 574 

Winnipesaukee lake, appropriation for buoys and lights 163, 539 

Winnisquam lake, appropriation for electric lights in 546 

for screening 155 

Wires, etc., location of in highway by town agents 71 

Wolfeborough, board of water commissioners established 251 

commission for village precinct electric plant 195 

water-works to be under control of selectmen 598 

Woman's Auxiliary to the City Missionary Society of Manchester, name 

changed to District Nursing Association of the City of Manchester. . . 237 

Woodcock protected 496 

Woodstock, electric light and power plant authorized 641 

Woodworth, Albert B., appropriation in favor of 537 

Worcester, Horace L., appropriation in favor of 155 

Teaton, Harry S., appropriation in favor of 548 

Young, Harrie M. , appropriation in favor of 170, 550 

Young, John, appropriation in favor of 169, 549 



84 r 



^^