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
/ 0
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
0 <D .
S3
e
0
^fl"
0
ft
<M
0
fl c« (B
>.
0
01
e
®
a
■0® S
d
0
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
0
a*
■a
CM
0
6
0
a
«
2
d
ca
■0
a)
0
0
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. 0 549
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 0 549
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 0 549
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
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